MARRIAGE DISSOLUTION SERVICES ABROAD

It often happens in life that a couple in love decides to get married. However, not all individuals are able to maintain the family relationships that they had at the beginning of the relationship, which eventually leads to the dissolution of the marriage.

The divorce procedure is quite clear if you are in Ukraine and there are not many questions during its implementation.

However, if the married couple is outside of Ukraine, problematic situations often arise regarding how to proceed with a divorce in such a case.

This shows the relevance of this topic. In this article, we will talk about the services provided by the legal company “Prikhodko and Partners” for divorce abroad.

How does Ukrainian divorce happen abroad?

Today, there are the following mechanisms that can be used to separate Ukrainians in Poland, the Czech Republic, Romania or any other country:

• submit an online application to the RACS bodies – suitable for those married couples who do not have children and have personal consent to divorce between themselves. However, it will be necessary to complete the procedureособиста присутність в Ukraine і;
• submit a statement of divorce to the consular institution, where the latter will forward it to the relevant authorities conducting the divorce;
• submission of an application through a representative to судуor through the “Electronic Court” system.

Regardless of the chosen options, if there is a dispute about the division of property or the spouses have minor children, then the divorce should only take place in court.

How to file for divorce in Poland?

If you are in Poland at your permanent place of residence and want to divorce, then you need to contact the consular office, where the latter will make a decision on divorce in the following cases:

• when the application for divorce was submitted jointly by citizens and they do not have joint children;
• if there is a court decision on divorce;
• if one of the spouses submits an application for recognition of the other spouse as missing, incapacitated, or sentenced to imprisonment for a term of at least 3 years for committing a crime.

When submitting an application to a consular institution, the marriage is dissolved regardless of whether there is a property dispute between the spouses.

The certificate of divorce abroad: need to be legalized?

After you have received a divorce certificate, for example, in the case of a divorce by a court, in this case, it must be legalized at a consular institution in the relevant country of your stay. This is necessary in order for the Ukrainian consul to put an appropriate certification inscription on such a document and for it to have legal force for presentation to foreign state authorities.

It is also worth noting that in the countries that signed the Hague Convention of October 5, 1961, it is not necessary to undergo consular legalization of the divorce certificate, but it is enough to affix an apostille (special stamp) in the Ministry of Justice of the respective country.

How does a divorce happen abroad if there are children?

If the spouses have minor children, divorce is possible only by applying through representatives or in an online format to the Ukrainian court, where the latter will decide on who the children will live with and divide the property.

Division of property abroad, what are the features?

As a general rule, property between spouses is subject to division only when it is considered jointly acquired during the marriage. If the property has the status of private property or belongs to individual things, then it is not subject to division.

To establish all these nuances іх, особи it is mandatory to go to court, where they must prove one or another ownership of the property to everyone.

How to divorce if the wife is abroad?

If your wife is abroad, and you are on the territory of Ukraine, then in this case you have the right to submit an application for dissolution of marriage to the RACS authorities or to apply directly to the court.

If one of the spouses, due to a valid reason, cannot personally submit an application for dissolution of marriage to the State Registry of Statistics, then such a notarized application can be submitted by the other spouse.
In the case of divorce through the registry office, the consent of both spouses and the absence of children is required; in all other cases, divorce is possible only through the court.

Importantly! If your wife is pregnant or she has already given birth to a child and she has not yet turned one year old, then divorce is impossible, regardless of whether the consent of the spouses for its dissolution is present or absent. In this case, you just have to wait. Even in that situation, if the child died during childbirth, the spouses must still wait one year to divorce.

If you are abroad and want to dissolve your marriage, but do not know all the legal nuances of such a procedure, then in this case, contact the experienced specialists of “Prikhodko and Partners”.

Our team includes only qualified lawyers who are always ready to provide you with professional advice and help in solving your situation. So don’t delay and apply!