Divorce with a foreigner without his presence

Family lawyer in Ukraine

Skryabin Alexey Nikolaevich

Doctor of Law

Hello! In this article, I will tell you about the dissolution of a marriage with a foreigner without his presence in court.

Divorce with a foreigner without his presence in Ukraine

If a foreign spouse wishes, it is possible to get a divorce in the civil registration authorities (RAGS) upon submission of two applications from a married couple. It is also possible to file an application with the court by drawing up an electronic document with a certified signature, however, you still have to personally go to the GRACS authorities.

If the foreign spouse does not agree to cooperate, the other spouse may file a lawsuit in court. The Court will consider the case without his presence after he has been duly notified. For all legal consequences to occur, the judgment must enter into force on the territory of the foreign state in which the man lives.

How to part with a foreigner without his presence in Ukraine?

There are no rules in family law prohibiting a divorce from a foreigner without his presence. According to the Family Code of Ukraine, a marriage concluded between a citizen of Ukraine and a citizen of another state, or a stateless person, is performed according to general rules.

This means that in certain cases it is possible to dissolve a marriage without the presence of a foreign spouse. The reasons for the absence of a foreigner may be:

• Stay in the territory of a foreign state.
• Permanent residence in another country.
• No information about his whereabouts.

In such cases, one of the spouses, who is a citizen of Ukraine, may either go to court to terminate the marriage. Divorce without the presence of one of the spouses still has certain features established by law.

Application for divorce with a foreigner without presence through a court in Ukraine

The grounds for applying to the court with an application for divorce with a foreigner are:

• The presence of common minor children.
• The second man objects to the divorce.
• A man avoids going to the registry office for divorce, despite the declared consent.

In order to proceed with the proceedings, a wife who wants a divorce must file a claim for divorce. The requirements for the statement of claim are contained in the Civil Procedure Code of Ukraine.

In accordance with the Civil Procedure Code of Ukraine, a statement of claim is submitted in writing. The application must indicate:

• The court to which the plaintiff (the person filing the claim) applies.
• Claimant’s name, place of residence.
• The name of the defendant (second man), his place of residence (if any).
• Claimant’s claims. In this case, a request for divorce. In one statement of claim, requirements for the division of property and requirements for determining the place of residence of children may be additionally stated.
• Circumstances on which the plaintiff argues his claims.
  The price of the claim, if the claim for the division of property is stated.
• List of attached documents (Certificate of marriage and others).

The statement of claim is submitted to the court at the last place of residence of the man or the location of his property, if the man lives abroad or his place of residence is unknown.

The Civil Procedure Code of Ukraine provides for the exception of filing a claim for divorce if the plaintiff lives together with a minor child or, as a result of a serious illness, it seems difficult to travel to file an application. In such cases, the application is submitted at the place of residence of the plaintiff.

Conditions for divorce with a foreigner without his presence in court in Ukraine

Litigation for divorce without the presence of one of the spouses is much more complicated. However, there are solutions to this problem:

• The defendant was duly notified of the time and place of the trial, familiarized with all the documents relevant to the case.
• The defendant filed a motion to consider the case without his participation.

A court representative participates in the court session on behalf of the defendant.

In the first case, consideration of the case in court is possible if the location of the defendant is known. In this case, a court summons is sent to the person by mail. At the same time, the court session must be scheduled taking into account the time necessary for the person to arrive at the court and prepare for the case. If the place of residence of the defendant is unknown, then the court proceeds to consider the case without the participation of the second spouse after making sure that the defendant does not live at the last known address.

In accordance with the current legislation, the defendant has the right to ask the court to consider the case without his presence. If this declaration of will comes from a foreigner, he must submit a written, notarized petition for the consideration of the case in his absence and the issuance of a copy of the court decision to him. If these conditions are met, the court will not postpone the hearing, but will consider the case in the absence of the defendant.

Ukrainian legislation provides for the right of a citizen to participate in court through a representative, such as a lawyer.

Thus, if a foreign citizen does not want or cannot be present in court, he can use the services of a family lawyer.

The decision to dissolve a marriage with a foreigner without his participation in Ukraine

Based on the results of consideration of the issue of divorce, the court makes an appropriate decision. The registry office, on the basis of a court decision on the dissolution of a marriage, makes an appropriate entry in the register of civil status acts.

The decision to dissolve a marriage with a foreigner has its own peculiarities. After such a decision is made, it must become legally binding in the state where the man lives. This procedure is carried out in accordance with the legislation of the country in whose territory it is necessary to give legal force to the decision of the court of Ukraine.

The termination of marital relations and the entry into force of the decision have certain legal consequences. After the dissolution of a marriage, the regime of common property ceases to operate, the spouses lose the right to receive an inheritance after the death of a former spouse, to receive social benefits related to the husband (assistance in case of loss of a breadwinner), and others.

Answers of a lawyer about a divorce from a foreigner without his presence in Ukraine

I actually stopped living with my husband, who is a citizen of a foreign state, I decided to formalize the divorce. As the place of residence of the defendant, he indicated the last known address of the man’s residence in Ukraine. Is it possible to carry out divorce proceedings if I am not sure that the man lives in the same place?

Yes, in your case, the court will start considering the case after it is convinced that the defendant does not live at the last place of residence, and it is impossible to determine a new one.

I, Petrov Ivan, have decided to part with my wife, Kaulaas Florida, a citizen of Lithuania. There are no common minor children. She said that she agreed to a divorce and would come to Ukraine to file a joint application. For a month, she only promises to come, but keeps avoiding it. What should I do?

You should file a claim with the court. For the basis for going to court is not only disagreement with the spouses for a divorce, but also the avoidance of going to the registry office with an external expression of consent.

Divorce with a foreign citizen without his presence in Ukraine

A divorce from a citizen of a foreign state is carried out according to the general rules applicable to citizens of Ukraine. If a citizen is outside Ukraine and cannot or does not want to return to Ukraine for a divorce, the second man has certain difficulties. However, these difficulties do not prevent the dissolution of the marriage. Without the absolute assistance of a foreign man, divorce is possible only in court.

Also, useful information on the website “Divorce Online” of the family lawyer Alexei Nikolaevich Skryabin may be for you: what is needed for a divorce, where to apply for a divorce, how to file a divorce, file a divorce through the registry office in Ukraine, divorce in court in Ukraine, jurisdiction of cases about divorce, divorce in a district court, divorce in the presence of a dispute about children, divorce with division of property in Ukraine, how to divorce a husband without his consent.

Services of a family law lawyer in Ukraine

• A family lawyer will provide you with legal advice and help you draw up all the necessary documents for a divorce without the presence of a foreign man.
• We are responsible for the quality of legal services and guarantee a positive result.
• With the help of a family lawyer or a lawyer, your divorce case without the presence of a foreign man will be resolved more professionally and quickly.
• By contacting us, you are guaranteed to receive professional legal assistance for divorce without the presence of a foreign man.

Take the first step towards your victory in a divorce legal case without the presence of a foreign man, call or write to a lawyer and you will receive answers to all your questions. You deserve our professional legal assistance!

Family lawyer in Ukraine

Scriabina Daria Sergeevna

PhD in Law

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Useful site materials rozluchennya-onlain.com.ua:

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