HOW TO DISSOLVE A MARRIAGE IF ONE OF THE SPOUSES IS ABROAD

The issue of divorce, when one party is in Ukraine and the other is abroad, was especially relevant during martial law. Millions of citizens have left our state, but have not lost the need to regulate their legal issues. Therefore, a competent explanation and competent legal assistance will be appropriate in such a situation.

Is divorce possible in such cases

Yes, there are no problems with divorce, since the current Family Code of Ukraine establishes the principle of voluntary marriage. So, spouses who have registered a marriage in Ukraine can terminate it, regardless of whether these people live together in our state.

Divorce by mutual consent in the absence of common children

This format of divorce is the most comfortable for both people, because everything happens through the state registration of acts of civil status. If there are no common children under 18 years of age and objections to the divorce by either party, you can dissolve the marriage fairly quickly. The party, which is abroad, draws up a corresponding application, ensures its notarization and sends it to Ukraine. This document is submitted together with the application of the spouses who are in Ukraine.

In addition, it is possible to draw up such an application at the consulate of Ukraine in another state, which will send it to the necessary registry office, where the divorce is registered.

Divorce by mutual consent when there are common children

When there is such consent, the divorce proceeds quite quickly. However, there is a difference with the previous case, since it takes place through the court. Being abroad sends a notarized application to Ukraine. It should indicate that he has no objection to the dissolution of the marriage.

And if the spouses have the opportunity to conclude a notarized contract on the subject of where the common children will live and how their maintenance will take place, this will simplify and speed up the trial.

Divorce without mutual consent

It often happens that one of the spouses does not give consent to the dissolution of the marriage. Regardless of the location of each of them, the divorce takes place in court. One of the spouses who is in Ukraine files a claim for divorce in the court. Accordingly, if the initiator is a person who is currently abroad, it may be necessary to be accompanied by a lawyer who can apply to the court and represent such a person.

With regard to jurisdiction, the following rules apply:

• The general rule stipulates that the action should be filed at the last place of registration of the defendant. This can be difficult if the court is located in an area where active hostilities are taking place. Therefore, in such cases, the functions of such courts are usually taken over by other courts determined by the orders of the Supreme Court.
• If there is a good reason (for example, minor children living with the plaintiff), you can file a claim at the place of residence of the plaintiff.

Today, such a situation often occurs when one of the spouses, being abroad, starts a new life there, including a personal one. It may be the other way around. In any case, staying in different countries should not become an obstacle that does not make it possible to dissolve a marriage that has already exhausted itself and exists only on paper.

How useful is the participation of a lawyer

Among the advantages of involving a professional lawyer in the process of dissolution of marriage, it should be noted:

• professional advice that will help you better navigate the current legislation;
• high-quality support through the preparation of a statement of claim and assistance in the preparation of all necessary documents;
• the possibility of ensuring the consulate of interests in court.

And professional legal assistance becomes the key to psychological comfort during such a difficult divorce process.