Publication date: 10.06.2024
Legal aspects of marriages involving foreign nationals
Introduction
In today's globalized world, marriages between citizens of different countries are becoming increasingly common. The legal regulation of such marriages in Ukraine has its own peculiarities, which are important for both Ukrainian citizens and foreigners to know. In this article, we will review the main legal aspects of marriage involving foreign nationals in Ukraine, including the procedure, required documents, rights and obligations of the spouses, as well as possible legal challenges.
Legislative regulation
The main legal acts regulating marriages involving foreign nationals in Ukraine:
Family Code of Ukraine:
- Defines the general conditions for marriage, rights and obligations of spouses, and divorce.
The Law of Ukraine "On Private International Law":
- Regulates legal relations with a foreign element, including marriage relations.
The Civil Code of Ukraine:
- Establishes the procedure for the recognition of foreign documents and their legalization.
The procedure for marriage
Submitting an application
To enter into a marriage with the participation of a foreign citizen, you must submit an application to the Civil Registry Office (RACS). The application must be submitted in person by both brides and grooms.
Required documents
Passports of both brides and grooms:
- A Ukrainian citizen submits a passport of a citizen of Ukraine.
- A foreign citizen submits a passport of his/her country and its notarized translation into Ukrainian.
A document confirming the legal status of a foreign citizen in Ukraine:
- Visa, temporary or permanent residence permit.
A document confirming the absence of marriage obstacles:
- Certificate of marital status issued by the competent authority of the foreign citizen's country of origin and its notarized translation into Ukrainian.
Legalization of documents
Documents issued by foreign countries require legalization or apostille, unless otherwise provided by international treaties of Ukraine.
Registration deadlines
The marriage is registered one month after the application is submitted. In cases of pregnancy, childbirth or other valid reasons, this period may be reduced.
Rights and obligations of spouses
After marriage, both spouses acquire equal rights and responsibilities, regardless of citizenship. This includes:
Property rights:
- Joint ownership of property acquired during marriage.
- The right to inheritance.
- You may also be interested in the following articles:lawyer consultationlawyer consultation analysis of documents legal analysis of the situation written consultation verification of documents by a lawyer lawyers documents legal assistance online lawyer online legal opinion legal opinion of a lawyer lawyer online
Personal rights:
- The right to live together and run a common household.
- The right to raise children together.
Responsibilities:
- The duty of mutual support and maintenance.
- The duty to care for the well-being of the family and the upbringing of children.
Legal challenges and solutions
Recognition of marriage abroad
A marriage concluded in Ukraine may require additional registration or recognition in the country of origin of the foreign citizen. This depends on the legislation of the respective state.
Dissolution of marriage
The procedure for dissolving a marriage entered into with the participation of a foreign citizen is regulated by Ukrainian law. However, there may be issues of jurisdiction and recognition of the divorce decision abroad.
