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Family law Recognition of a foreign divorce decree in Ukraine

Sulyk Roman

Head of family law practice

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sulyk@prikhodko.com.ua

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An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

Recognition of a foreign divorce decree in Ukraine

Recognition of a foreign divorce decision is an official procedure that allows you to give legal force in Ukraine to a decision of a court or competent authority of a foreign state.

Only after that such a divorce is recognized by the Ukrainian authorities, courts, notaries and the State Civil Registration Service.

When to recognize a foreign judgment

Recognition is required if:

the divorce took place outside Ukraine (for example, in Switzerland, Poland, Germany, etc.);
one or both spouses are citizens of Ukraine;

Need:

to amend civil status acts (in the State Civil Registration Service);
remarry in Ukraine;
resolve property or family disputes (alimony, division of property, etc.);
use decisions in Ukrainian courts or institutions.

How to recognize a foreign divorce decree

Option 1. Automatic recognition (without trial)

If the decision was made in a state with which Ukraine has a legal assistance agreement (for example, Poland, the Czech Republic, Lithuania, Georgia, Moldova, CIS countries), and this agreement provides for mutual recognition of court decisions, then separate court proceedings are not required in Ukraine.

In this case, you only need:

Obtain the original court decision on divorce.
Apostille or undergo consular legalization (depending on the country).
Make an official translation into Ukrainian.
Submit an application to the Ukrainian registry office at the place of residence to enter information into the marriage record (i.e. to indicate in the state register that the marriage was dissolved abroad)

Option 2. Through the court in Ukraine

If there is no international treaty between Ukraine and the country where the decision was made, or it does not provide for automatic recognition, then you need to apply to a Ukrainian court.

Where to serve:

To the court at the applicant’s place of residence.

Who submits:

One of the former spouses (citizen of Ukraine) or his/her representative.

The application shall be accompanied by:

A copy of the foreign court’s decision on divorce.
Evidence of its entry into force (if not specified in the decision itself).
Notarized translation into Ukrainian.
Apostille or legalization (if required).
A copy of the passport, identification code of the applicant.
Receipt of payment of the court fee.

Result:

After considering the case, the court issues a ruling on the recognition of the foreign judgment.

This ruling can then be submitted to the State Civil Registry Office in order to officially amend the marriage record.

It will also be useful: Registration of divorce abroad

After recognition

After receiving a court ruling on recognition:

Submit a resolution to the State Civil Registration Service.
The State Civil Registry Office makes a note about the divorce in the act record.
Obtain a divorce certificate (Ukrainian sample) — if necessary for internal affairs.

The involvement of a qualified lawyer greatly simplifies the process, since the specialist:

determine whether a court is needed, whether automatic recognition can be dispensed with;
will help to prepare an application, competently substantiate its provisions with references to the norms of international and Ukrainian law;
ensure the correct translation and legalization of documents, which is often the basis for refusal of recognition;
accompanies the case in court and prepares documents for the State Civil Registration Service;
if necessary, initiates the enforcement of a foreign decision in Ukraine (for example, regarding alimony or division of property).

A lawyer can also check whether the decision of a foreign court is valid in accordance with the laws of that state, and provide a written legal opinion for the Ukrainian court.

Recognition of a foreign divorce decision is an important legal step, without which a foreign divorce is not valid in Ukraine.

The procedure can be simple (through the State Civil Registration Service) or require going to court, depending on the country where the decision was made.

Recognition of a foreign divorce decree in Ukraine

When to recognize a foreign judgment

How to recognize a foreign divorce decree

Option 1. Automatic recognition (without trial)

Option 2. Through the court in Ukraine

After recognition

You may also need:

Andrey Prikhodko

Option 1. Automatic recognition (without trial)

Option 2. Through the court in Ukraine