Divorce with a foreigner in Ukraine

Contents

Divorce with a foreigner in Ukraine
Divorce with a foreigner in Ukraine: ways of registration
Divorce with a foreigner in Ukraine
Divorce in Ukraine with a foreigner – with whom will the children remain?
Division of property in case of divorce on the territory of Ukraine with a foreigner
Answers of a lawyer about a divorce on the territory of Ukraine with a foreigner
Divorce in Ukraine with a foreigner: results
Family Lawyer Services

On the territory of Ukraine, marriage with a citizen of a foreign state is allowed. Accordingly, the procedure for a divorce from a foreigner does not differ from a divorce between citizens of Ukraine.

Divorce with a foreigner is possible:

In the body of registration of acts of civil status (RAGS) (an application is submitted).
In court (by filing a claim for divorce).

The basis for the choice of the body carrying out the divorce depends on the consent of the spouses, the presence or absence of minor children. The term for divorce will be from one to six months.

When a marriage is dissolved, questions about the division of common property and the determination of the place of residence of the child after the divorce are also often resolved. Issues can be resolved by mutual agreement of the spouses by concluding an appropriate agreement, and in the event of a dispute – in court.

Divorce with a foreigner in Ukraine: ways of registration

According to the Family Code of Ukraine, a marriage concluded between a citizen of Ukraine and a citizen of a foreign state is broken in accordance with the legislation of Ukraine.

In Ukraine, there are two ways to dissolve a marriage – in the registry office and through the courts. This rule also applies to the dissolution of marital relations with a foreigner. A marriage registered in accordance with the procedure established by the law of Ukraine with a citizen of a foreign state may be terminated on the territory of Ukraine and in accordance with its legislation.

As for a citizen of Ukraine residing outside of Ukraine, he may dissolve the marriage with her husband – a citizen of Ukraine or a foreigner in the court of Ukraine. If there is no reason to go to court, the marriage can be dissolved at the diplomatic mission or consular office of Ukraine).

According to the Family Code of Ukraine, divorce takes place in the registry office if the spouses unanimously decide to file a divorce and at the same time they do not have common minor children. With mutual consent, the spouses send a written application to the registry office.

Dissolution of marriage with a foreigner in a judicial proceeding is carried out in the following cases:

The presence of common minor children.
The man does not agree to a divorce.
The second man agrees to a divorce, but at the same time evades filing an application with the registry office.

One of the spouses must file a petition for divorce with the court. The defendant is another member of the spouses. The application is submitted to the court, which belongs to the area where the defendant lives.

There are exceptions to this rule:

If the male plaintiff is raising a minor child or travel to the place of residence of the defendant is complicated for good reasons, then at the place of residence of the plaintiff.

When filing an application for divorce, both to the registry office and to the court, the applicants are charged a state fee. The amount of the state duty is determined by the current legislation of Ukraine.

Divorce with a foreigner in Ukraine

The time for dissolution of a marriage with a foreigner depends on the body carrying out the divorce. In the event of a divorce in the registry office, its state registration and the issuance of a certificate of divorce is carried out no later than one month after the filing of the application.

Dissolution of marriage in court has other terms. In accordance with the Code of Civil Procedure of Ukraine, divorce cases are considered by the court no more than two months from the date of filing a statement of claim with the court. However, when considering a case in court and one of the spouses does not agree to a divorce, the judge has the right to postpone the trial for up to six months to reconcile the parties.

Example

The spouses Anastasia and Robert Schmidt often had conflicts in the last six months of their family life. Anastasia came to the conclusion that it was time to break off the marriage. Since Robert did not want to leave, the wife filed a lawsuit in court for divorce in November of the year. At the hearing, the judge found that the man did not agree to a divorce, adjourned the hearing for 6 months to reconcile the parties. At the same time, the judge may postpone the court session in case of failure of one man to appear.

After the entry of the court decision on the termination of marital relations of legal force, within three days, notifies the registry office of the dissolution of the marriage. The registry office registers the dissolution of marriage after receiving a copy of the court decision. Only after state registration of dissolution of marriage, spouses can enter into a new marriage.

Divorce in Ukraine with a foreigner – with whom will the children remain?

When an agreement is reached between the spouses on the issue of the place of residence of the child after the divorce of the parents, such an option for solving the problem as the conclusion of an agreement on the place of residence of the child is possible. Such an agreement can only be concluded with the mutual consent of the spouses.

An agreement on determining the place of residence of the child is concluded in a simple written form, which indicates the data of the parents and the child, the father with whom the child will live after the divorce, the rights and obligations of the parties and other important information, in the opinion of the spouses. The agreement is drawn up in duplicate and signed by each party.

Notarization of the agreement is not required, but can be carried out at the request of the parties. In the event of the above agreement, the court will not decide on the place of residence of the child, unless either party so requests during the course of the trial. At the same time, it should be remembered that a man who does not live with a child after a divorce has the right to educate and communicate with him. The other spouse should not interfere with this.

One of the issues decided by the court during the divorce proceedings is the question of which parent the minor children will live with after the divorce. The court may not take into account the existence of an agreement between the parents on determining the place of residence of the child, if it violates the interests of the children.

The main criterion for determining the place of residence of a minor child by the court is the desire of the child, as well as the availability of opportunities for parents to raise the child. The court gives the child to the spouse who has more opportunities to provide favorable conditions for the upbringing of the child.

Favorable conditions mean:

Availability of material resources. However, this condition is not the main one, since a wife living with a child after a divorce will be paid child support.
Determining to whom the child is more attached to parents, with whom he communicates more.
Who has the free time necessary for education, lack of frequent business trips, etc.
The child’s commitment to other family members (grandmother, grandfather, brother, sister).

Other points that characterize parents as a person and their relationship with the child are also clarified.

At the same time, according to the Family Code of Ukraine, a child who has reached the age of ten has the right to express his opinion on issues affecting his interests. During the trial, the judge must take into account the opinion of the child about his desire to live with one of the parents.

This does not mean that if the child said that he wants to live, for example, with his father abroad, then the court must make a decision. It is taken into account that the child may be mistaken in interests or he may be attracted to erroneous interests (for example, a parent promises that the child will not go to school). Therefore, the judge makes a decision, evaluating all the circumstances of the case.

Division of property in case of divorce on the territory of Ukraine with a foreigner

According to the Family Code of Ukraine, the joint property of the spouses is the property acquired by them during marriage, including income from labor and entrepreneurial activities, pensions and other funds received. It does not matter which of the spouses bought the thing, whether the second man had income at that time, in which country the thing was bought, etc.

The exception is:

personal items (clothes, shoes, etc.)
Items received as a gift or inheritance. Even when they are obtained by the spouses during the marriage, they do not belong to common property.

When a marriage is dissolved, as a rule, the common property of the spouses is divided. According to the UK of Ukraine, common property can be divided by agreement. As in the case of reaching an agreement on the determination of the place of residence of the child, the agreement on the division of property must be voluntary. The form of the transaction is a simple written one. At the request of the spouses, the transaction can be notarized.

Spouses have complete independence in determining the shares under the agreement on the division of property. They can divide together the acquired property equally, find particles in a different proportion, indicate to which spouse certain property goes.

According to the Family Code of Ukraine, the rights and obligations of spouses are determined by the legislation of the state in whose territory they have a common place of residence. In the event of a dispute, the determination of the share of each of the spouses in the common property is carried out by the court.

When dividing property, the judge is guided by the rule according to which the principle of equality of shares of spouses in their common property operates. This means that all property acquired during the marriage must be divided equally. If the property cannot be divided in half, then the person to whom most of the property has passed must pay appropriate monetary compensation.

According to the Family Code of Ukraine, things purchased for a minor child (clothes, shoes, school supplies, sports equipment, musical instruments, etc.) are not subject to division. This property remains with the father, with whom the minor child will live after the dissolution of the marriage. Also, deposits recorded in the name of the child are not subject to division.

The court may depart from the principle of equality of shares in the division of property and increase the share of one of the spouses. The basis for such a derogation may be the interests of minor children who remain with one of the spouses. The judge may also take into account the fact that one of the spouses did not receive income, but at the same time spent the common property, harmed him, etc.

Answers of a lawyer about a divorce on the territory of Ukraine with a foreigner

I am a citizen of Ukraine, registered a marriage with a citizen of Belarus on the territory of Ukraine. At the time of marriage, a man had a child whose mother I am not. From 2009 to the present, we raised the child together. There are no common children. If now we decide to dissolve the marriage by common consent, will the judicial procedure for the dissolution of the marriage be obligatory for us, since there is a minor child or is it possible to apply to the registry office?

The compulsory judicial dissolution rule for spouses with minor children applies only to a child whose parents are spouses. Therefore, in your case, it is possible to apply to the registry office with an application for divorce.

Even during the marriage, between me and my husband, Georg Werner, an agreement was concluded on the division of common property, because I am an individual entrepreneur and receive large incomes. A few years later, I filed a lawsuit for divorce in court (we have minor children). Can I demand to consider the issue of division of common property, despite the existence of an agreement?

According to the IC of Ukraine, the court considers the issue of division of property of the spouses in the presence of an agreement, if this agreement raises the interests of the child or one of the spouses. Thus, in any case, you can claim the distribution of common property even if there is a transaction. The court will decide this issue depending on the materials of the case, the testimony of the parties and other factors.

Divorce in Ukraine with a foreigner: results

The dissolution of a marriage between a citizen of Ukraine and a foreign citizen is carried out in accordance with Russian law. There are general rules for filing an application, terms for making a decision, resolving disputes about the distribution of property, and the location of the child. All issues are resolved in accordance with the requirements of the IC of Ukraine, provided for the termination of marriage between citizens of Ukraine.

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