DIVORCE WITH A FOREIGNER IF HE IS IN UKRAINE OR ABROAD

Sometimes in life there are both happy moments and some sorrows that require an immediate solution. For some, such afflictions are problems at work, someone needs marriage as soon as possible, while others want to leave soon. If you do not know all the intricacies of divorce with citizens of other countries, then this article is for you.

First of all, you should understand the legal framework that governs this issue. In Ukraine, the conclusion and termination of marriages are regulated by the Family Code of Ukraine, as well as the Law of Ukraine "On Private International Law". Also, you, as entities in need of assistance in resolving this issue, need to remember that the right to marriage and its dissolution is determined by the "personal" law of each of the persons applying for marriage and the law in force in accordance with the current circumstances on the legal consequences of marriage.

This means that, for example, if both spouses are Ukrainians, then Ukrainian legislation will be applied to them. If one of the spouses is a foreigner, then the law of the country of his current citizenship is applicable to him.

But, first of all, it should be remembered that in order to have a correct and logically established legal conclusion of a lawyer, you need to pay attention to exactly where and on the territory of which state the marriage was registered. After all, if you married a foreigner in Ukraine and permanently reside here, then the divorce procedure will be equated to the divorce procedure for citizens of Ukraine.

If the marriage was set in Ukraine, then:

• You have the right to file a divorce request with one of the following two authorities: the Civil Registry Office (CRO) or the court.
• You have the right to file for divorce with the registry office if, for example, you do not have common children with your second spouse.

However, if the spouses wishing to dissolve the marriage have minor children, or the other spouse does not give their consent to the divorce, then in this case, one should proceed only through the courts.

In this case, termination is possible upon submission of an application-consent on the basis of a court decision from two spouses, or at the claim of one of the spouses also on the basis of a court decision.

But there is still a second option for the development of divorce proceedings if there are minor children, namely: You, as a plaintiff, along with an application for divorce, must submit to the court an attached agreement on the status of residence of common minor children after a divorce with all the specified requirements to parents who must live separately.

In addition, you also have the right to divorce in accordance with Ukrainian law in the following cases:

• If you are a citizen of Ukraine and a foreigner and now live abroad;
• If you are both Ukrainians and live outside of Ukraine;
• If your spouses are foreign citizens and live in Ukraine.

In order to get divorced through the registry office, you should submit only two documents - a marriage certificate and a passport or a residence permit in Ukraine.

In order to make a divorce through the court, you must submit the following documents: the first important document is the divorce petition, to which yours are attached - the original marriage certificate, a copy of your child's birth certificate, a copy of the plaintiff's passport and all documents and applications. constituting the evidence base about the circumstances on which the claims are based.

Protecting the interests of the client in court or representing him in other bodies of state significance is our purpose, so we can easily help you cope with all the difficulties that arise throughout the process.