Divorce with a foreigner.

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Kaploukh Victoria

Attorney

Ukraine / Kharkiv

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Publication date: 28.05.2024

It is possible to dissolve a marriage with a foreigner through several legal mechanisms, depending on the circumstances of your case, including the consent of the spouses, the presence of joint children, and other factors. Below are the main methods of divorce in Ukraine.

1. Dissolution of marriage through the bodies of DRATSS.
   
   • If both spouses agree to divorce and they do not have joint minor children, they can apply to the state civil status registration body (DRATSS).
   • Procedure:
   • Submission of a joint application for dissolution of marriage to the DRATS at the place of residence of one of the spouses or at the place of marriage.
   • After submission of the application, DRATSS provides a one-month period for a possible reconciliation.
   • If, after the end of this period, the spouses confirm their intention to divorce, the DRATS formalizes the dissolution of the marriage.
   
   Divorce through court.
   
   In the event that one of the spouses does not agree to the dissolution of the marriage or if there are common minor children, the divorce can be carried out only through the court.
   Procedure:
   • Submission of a claim to the court at the place of residence of the defendant or at the place of residence of the plaintiff (if with minor children).
   • A court hearing, during which issues of property distribution, custody of children, and other related issues may be resolved.
   • After a court decision on divorce is issued, it is necessary to register it in the DRATS to obtain a divorce certificate.
   
   Recognition of the decision of a foreign court.
   
   If the marriage was dissolved abroad, such a decision can be recognized in Ukraine under certain conditions.
   Procedure:
   Submission of an application to the Ukrainian court for the recognition of a foreign decision on divorce.
   The court examines the case and makes a decision on recognition or refusal to recognize such a decision.
   After the recognition of the decision of a foreign court, it is possible to register the dissolution of marriage in the bodies of the DRATS of Ukraine.
    
2. Documents that may be required:
   • Application for dissolution of marriage (joint or lawsuit).
   • Passport and identification code.
   •    Marriage certificate.
   • Documents confirming the place of residence (registration) of the spouses.
   • Birth certificates of joint children (if any).
   • Documents on property rights (if the issue of property is under consideration).
   • Decision of a foreign court on divorce (for recognition in Ukraine).

Yes, divorce in the bodies of state registration of acts of civil status (RACS) is possible under certain conditions. Here are the main cases in which a divorce is possible in the RAC.

1. 1. Mutual consent of spouses. If both spouses agree to divorce and they do not have joint minor children, they can submit a joint application for divorce to the RAC at the place of residence of one of the spouses or at the place of marriage.
   
   2. Absence of minor children. If the spouses do not have common minor children, they can apply to the RACS with a joint application for divorce.
   
   3. Refusal to divorce within a month. After submitting an application for dissolution of marriage to the RAC, a one-month period is established during which the spouses can withdraw their application. If both spouses confirm their intention to divorce within this period, the RACS can resolve the divorce without a court proceeding.
   
   4. Solving issues of property and children. At the time of divorce, issues of property distribution and the conclusion of an agreement on child maintenance can be resolved in the RAC, if such issues exist between the spouses.

1. 1. Presence of joint minor children
   • If the spouses have joint minor children, divorce is possible only through the court, regardless of whether both spouses agree to the divorce.
   
   2. Lack of consent of one of the spouses to divorce
   • If one of the spouses does not agree to divorce, then the other spouse can file a lawsuit in court.
   
   3. Lack of agreement on the distribution of property or other disputed issues
   If the spouses cannot agree on the division of joint property, custody of children or other important issues, the case is considered in court.
   
   4. Absence of one of the spouses or his place of residence is unknown
   If the place of residence of one of the spouses is unknown or he is abroad and it is not possible to dissolve the marriage through the Civil Registry Office, the dissolution of the marriage can take place through the court.
   
   5. The presence of a foreign element
   If one of the spouses is a foreigner or lives abroad, the divorce process can be complicated and require a court hearing, especially if questions of jurisdiction and applicable law arise.
   
   Court procedure for dissolution of marriage.
   
   Filing a claim.
   • The plaintiff (the spouse who initiates the dissolution of the marriage) submits a claim to the district or city court at the defendant's place of residence or at their place of residence (if with minor children or if the defendant lives abroad).
   • The application states the grounds for divorce, information about spouses, information about children and property issues (if any).
   
   Judicial proceedings.
   • The court examines the case materials and may request additional documents and testimony.• In the event that one of the spouses lives abroad, the court may conduct a hearing with the participation of a lawyer or a representative of the defendant, or via video conference.
   
   Judgment.
   • After considering the case, the court issues a decision on divorce, which becomes legally binding after the expiry of the appeal period (usually after 30 days).
   • On the basis of the court's decision, the spouses can obtain a certificate of dissolution of marriage from the bodies of the DRATS.
   
   Documents required for divorce in court.
   •    Statement of claim.
   • Passport and identification code of the claimant.
   •    Marriage certificate.
   • Birth certificates of children (if any).
   • Documents on property rights (if property distribution issues are being resolved).
   • Other documents confirming the circumstances of the case (if necessary).