- Divorce with a foreigner 2025
- Divorce with a foreigner through the registry office
- How to dissolve a marriage with a foreigner through the court?
- How to dissolve a marriage with a foreigner without his presence
- Peculiarities of divorce with a foreign citizen abroad
- Division of property and dispute about children in case of divorce from a foreign citizen
- Divorce with a foreigner 2025: features
Divorce with a foreigner 2025
When concluding a family union in Ukraine, its legislation is applied to a foreign citizen. When a marriage is dissolved, the situation is somewhat different, because the fact of divorce must be recognized not only in our country, but also in the country of which the foreigner is a citizen. To do this, you need to confirm this legal fact by contacting the authorized bodies of another country or its institutions located in Ukraine.
You can break the union with a foreigner both in the civil registration authorities and by going to court.
Divorce with a foreigner through the registry office
Parting with a foreign man through the registry office is the simplest, but this can rarely be done. This will only take a month. This method of ending a relationship is available only to those couples in which there are no disputes regarding children and the division of jointly acquired property, and both agree to become free again.
When divorced through the registry office, it does not matter that one of the spouses is a citizen of another state, since everything happens according to the usual scheme used in our country. If a foreign citizen is in Ukraine at the time of the official divorce, then one month after the application is submitted, the spouses must come to the registry office to obtain a certificate of divorce.
When submitting a general application, you need to collect the following documents:
- documents of applicants proving their faces;
- marriage certificate;
- receipt confirming the payment of state duty.
How to dissolve a marriage with a foreigner through the court?
Divorce with a foreigner in court is considered a much more complicated procedure than in an administrative order. This form of termination of relations is used when a husband and wife have a dispute over common property or children.
Ukrainian courts get the right to consider such cases if a foreign man is in the relevant period in the territory of our country. This is due to the legal requirement to bring claims at the place of residence / location of the defendant.
The trial will be conducted according to standard methods and principles. In particular, you will need to collect the following documents:
- statement of claim;
- passport or other identity document of the plaintiff, taxpayer code;
- marriage certificate;
- a document confirming the place of residence;
- agreement on the division of property or the further education of common children (if any);
- receipt confirming the payment of the court fee.
After accepting the application, the court will consider the case and make a decision, the effect of which will also apply to the foreign citizen..
How to dissolve a marriage with a foreigner without his presence
In cases where a foreign man is outside Ukraine, the procedure for dissolution of marriage by a court without his presence may be applied. This may take longer than usual, but it will still determine the status of spouses seeking a divorce.
The administrative procedure for dissolution of a marriage with a foreigner is impossible, so it remains only to go to court, but this may cause the problem of determining the place of residence of a foreign citizen, because the claim must be filed at his place of residence.
For the Ukrainian court, the last place of his residence in the territory of our country or the location of his property in Ukraine should be indicated.
It is important to state in the statement of claim that travel to such a citizen is impossible, or his new place of residence is unknown.
Proceedings in court can be held without the presence of a foreign man, however, all his rights granted to him under the legislation of the country of which he is a citizen must be respected.
To do this, do the following:
He should be notified of the submitted claim, as well as the time and place of the case, which should be confirmed by relevant documents. As a rule, this message significantly delays the process. The situation can be alleviated by providing a notarized application of a foreign male, containing a request to consider the case without him (him).
It is also optimal to organize the participation of a representative of the defendant in the case, for which an appropriate power of attorney should be issued.
After the judge makes a decision, this document must be given legal force in the state of residence of the defendant (i.e., legalization has been carried out). This is done so that the record of marriage is excluded from foreign registers, otherwise the marriage cannot be considered completely broken, and the defendant will not have the right to enter into a new family union in his state.
Peculiarities of divorce with a foreign citizen abroad
When dissolving a marriage with a citizen of another country outside Ukraine, the decision taken by the foreign authorized body must be recognized as valid in Ukraine. Such a divorce will be carried out according to the rules of the country where it will take place.
It is important to check the correctness of the issuance and execution of all documents, so that when you arrive in another country there are no difficulties associated with our non-recognition of the legality of these papers.
Division of property and dispute about children in case of divorce from a foreign citizen
When dividing property and determining the specifics of raising children, the law of the country where the divorce proceedings take place is applied. The only exception is the rule that the fate of jointly acquired property is determined by the rules of the country where such property is located.
As for children, as a rule, in European countries they stay with their mother. At the same time, in Muslim states, children are often left to their parents, because mothers are not able to provide for their existence. Another trend is to provide opportunities for further education of children to a citizen of the country where the children were born.
Divorce with a foreigner 2025: features
Divorce from a foreign man can be filled with serious difficulties. Therefore, when entering into a marriage with such a person, you need to be as sure as possible that the marriage will be strong and lasting.
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