Divorce always promises financial and mental difficulties for both parties.
At the same time, the procedure for divorce becomes more complicated if the persons, who have entered into marriage, are citizens of different countries. The situation, when native countries of these people belong to different law systems, is decisive for this category of cases, because the provisions of the legislation of another state may have significant differences from the mechanisms used by the legislation of Ukraine. In practice, most cases of divorce from a foreigner are carried out in court. Consequently, the protection of the rights and interests of a person in the divorce procedure requires highly qualified assistance from a specialist in the field of law. This is necessary for preventing the opponent from using the rights granted to him or her, including procedural ones, in order to attract various manipulations.
Today, the conclusion of marriages by citizens of Ukraine with foreigners, as, unfortunately, their dissolution, is becoming more common in Ukraine.
However, a divorce from a foreigner in Ukraine is procedurally a little different from the dissolution of a marriage with a citizen of Ukraine. From the point of view of law enforcement, such situations are almost identical. However, despite the similarity of the procedures required in this case, there are still differences that need to be paid attention to by the party initiating the divorce process. Therefore, the need to provide qualified and versatile legal assistance is not a whim, but an urgent need.
The main difference between the procedure for dissolution of marriage with a citizen of Ukraine and dissolution of marriage with a foreigner is that legal relations in such a process are regulated both by the provisions of the Constitution of Ukraine and the Family Code of Ukraine, and by the provisions of the Law of Ukraine “On Private International Law”.
It should be pointed out that the possibility of divorce of a citizen of Ukraine from a foreigner is possible only if the marriage was concluded in the Ukrainian Civil Status Registration Department or outside the country. In the latter case, the only condition for the recognition of marriage as a union of a woman and a man, concluded outside the territory of Ukraine, valid on the territory of Ukraine, is the observance of the requirements of the provisions of the Family Code of Ukraine regarding a Ukrainian citizen during marriage.
Sometimes the question of the need to divorce a foreigner without his presence is relevant.
In such cases, the dissolution of a marriage may be complicated by certain circumstances, in particular, a foreign citizen cannot or does not want to come to the territory of Ukraine. It can happen because of certain reasons, both subjective and objective, for example, impossibility to cross the border of Ukraine to formalize the dissolution of marriage relations. In this case, the professional assistance of a specialist in the field of law will be required, since it is possible to submit an application for divorce from a foreigner without the presence of the latter only in such circumstances:
- spouses do not have minor children;
- dissolution of marriage with a foreigner is carried out by mutual agreement of the parties;
- divorce is carried out on the basis of a court decision, which was adopted on the basis of a joint application of the spouses (subject to the presence of children in marriage);
- on the basis of a claim filed by one of the spouses.
Under these circumstances, a divorce from a foreigner without his presence still requires compliance with a certain procedure, namely: obtaining consent to dissolve the marriage, which is formalized by submitting an application. The application must indicate the administrative-territorial unit where the civil status acts in the foreigner’s country of residence are registered. The aforementioned document will require notarization, legalization and shipment to Ukraine.
At the same time, if the foreigner does not contact the plaintiff, the marriage can only be dissolved with the court. The court must inform the plaintiff about the location of the defendant, after which the search for this person will be initiated. If information about him cannot be found, the marriage will be terminated unilaterally.
Divorce from a foreigner if the spouses have children.
Parents of minor children must also attach a written agreement to the application for divorce, which specifies whom the children will live with, the degree of participation of the other parent in the life and education of each child. Additionally, an agreement on the amount and procedure for paying alimony for each child is drawn up and certified by a notary.
On the basis of the above submitted documents, the court opens proceedings on the case, and begins consideration in a month from the date of filing such an application. The decision to divorce a foreigner will be made subject to the following conditions:
- Application of the husband and wife is voluntary;
- Application does not limit the personal and property rights of each parent;
- Treaty provisions do not violate children’s rights.
Getting qualified legal aid in divorce as an advantage.
For those who are faced with the registration of divorce a foreigner, some of the legal subtleties of such a process may be too complicated. Therefore, there is a likelihood of delaying the procedure, and therefore consultation and support of the case by a qualified specialist in the field of law is the key to achieving the desired result without additional efforts.
Engaging such a specialist in divorce from a foreigner provides the client with a number of advantages:
- Avoid difficulties caused by the unwillingness of a foreigner to come to Ukraine and participate in the divorce proceedings;
- Receive comprehensive legal support and protection;
- Solve problems of any complexity that arise during the divorce process.
- Avoid unresolved problems that may result from an attempt to engage in divorce proceedings with a foreigner on their own, without resorting to the help of a qualified specialist. It is especially risky to act independently if there are disagreements or conflicts between the spouses or there is a banal unwillingness of one of them to part.
Many years of practice in the field of family law, as well as the presence of the results desired for clients in such cases, give our specialists the right to guarantee a high level of professional assistance in such disputes. Our specialists have repeatedly encountered cases burdened with various accompanying problems, and therefore they know how to implement legal support for the procedure for divorce from a foreigner in Ukraine successfully.
Law firm “Svarog” provides legal support in all areas of law, the greatest demand among which is assistance in the settlement of family relations. Our family law attorneys will help you solve problems of any complexity. The key to success is the involvement of experienced and qualified legal experts.