These days Ukrainians are coming increasingly to find their love abroad as the globalization intensifies. Still, couples separate as they face certain difficulties. So there is a question: how to make everything legally correct when dissolving the marriage with a foreign in Ukraine.
In general, the legal procedure has remained almost unchanged during martial law, though, for obvious reasons, the war has adjusted quite strongly the practice of divorcing Russian citizens. We are going to analyze in this publication general aspects of this procedure and the key options available (how, where and when to file a divorce).
There are two possible ways to get a divorce from a foreigner in Ukraine, depending on actual life circumstances:
- dissolving a marriage through civil registry authorities; or
- getting divorced through a court.
How to dissolve a marriage with a foreigner through civil registry authorities
Firstly, a marriage with a foreigner may be dissolved when the husband and the wife apply jointly to state registration bodies.
However, if the couple has minor children their marriage may not be dissolved through civil registry authorities. Thus, a divorce petition must be filed with a court.
It is also possible to get divorced through civil registry authorities if one of the spouses stays abroad. If so, the one of the spouse who stays abroad must send a notarized statement.
Civil registry authorities will register the divorce based on such statement and the application filed by the other spouse so that the presence of the spouse who stays abroad will not be required.
How to get divorced from a foreign citizen through a Ukrainian court
It would be necessary to file a divorce petition with a court:
- if the couple has minor common children;
- if one of the spouses does not want to get divorced;
- because it is more cost-efficient and less time-consuming.
A statement of claim must be filed by following the general rules of civil litigation at the place of registration of the defendant (other spouse).
Likewise, if the spouses have reached a mutual agreement or if the claimant (either husband or wife) has minor children to be maintained, such a claim may be filed at the place of registration (residence) of the claimant (applicant).
It is quite difficult and may take years to get a divorce from a foreigner who has no place of residence registered in Ukraine.
Therefore, if the couple agrees to divorce, the best option is that the foreigner brings a legal action against the Ukrainian citizen.
Once such action has been filed and if the other spouse agrees to dissolve the marriage, he or she should submit a petition for admitting the claim with the court. This would speed up the litigation process.
The court renders its judgment for dissolving the marriage based on findings of the trial.
In addition, spouses may file a joint petition with the court as part of special proceedings. It should be kept in mind that there is a significant difference between getting divorced as part of special proceedings and filing a legal action for dissolution of marriage (divorce petition). You can find more about special proceedings in our article on getting divorced under a joint petition if the couple has children.
As a matter of practice, it is easier, faster and mostly less cost-consuming to get divorced through a court; more so when the wife or husband is abroad.
How much does it cost to divorce a foreigner?
The cost of getting divorced depends on the option taken (either through civil registry authorities or court):
- If it is a divorce through civil registry authorities, the price (state duty) will be UAH 8.50.
- If you opt for getting divorced through a court, the court fee (it is mandatory expenses as well) ranges in 2024 from UAH 605.60 to UAH 1,211.20 (as provided in the Law of Ukraine on the Court Fee), depending on the procedure you seek to follow (either as special proceedings or by way of litigations).
These are merely statutory fees and, accordingly, they do not cover the other costs, such as postage, cost of document notarization, attorney's fees, etc. For more information, please see the cost (price) of divorce services from Alva Privacy Law Firm.
If you have difficulties reading this article or you would like to hire a qualified divorce lawyer to handle the entire process of your dissolving a marriage from a foreigner, then feel free to contact family lawyers at Alva Privacy Law Firm. We will be happy to provide you with top-quality legal services and full legal support for such matters even online!
Written by Tetiana Shaposhnikova, Attorney-at-Law.
