When a marriage that began with high hopes comes to an end, and the spouses find themselves in different countries or have different citizenships, the question arises: how and where to conduct the dissolution procedure? Let's consider different situations, taking into account the nuances of international family law

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Due to the war in Ukraine, many families have found themselves in different countries, and some spouses have made the difficult decision to divorce. But how to organize this process properly when one of the spouses is abroad?

Here are the main steps and tips to make the divorce as quick and painless as possible.

How to get a divorce if one of the spouses is abroad: the main steps

1. Submit an application to the registry office. If one of the spouses is in Ukraine, he or she can file for divorce through the local registry office or use the online platform dracs.minjust.gov.ua. Even if filed online, both parties will need to visit the registry office to complete the procedure.

2. Consulate for those who are abroad. Spouses abroad have the right to file a similar application through the Ukrainian consulate in the country of residence. Passports, identification codes, and the original marriage certificate must be provided.

This option is available only to spouses without minor children, and if the wife is not pregnant at the time of application. In other cases, you need to go to court.

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Divorce through the courts

If the spouses have minor children or one of the parties does not agree to the divorce, the divorce is possible only through the court. In such a situation, one of the spouses or their lawyer must submit the following documents to the court:

• A statement of claim for divorce;

• Original marriage certificate;

• Copies of birth certificates of joint minor children;

• Receipt of payment of the court fee;

• Copies of passports and identification codes of both parties;

• Copies of the statement of claim and annexes for the Defendant.

Thanks to the electronic court of Ukraine (id.court.gov.ua), a lawsuit can be filed and participated in court hearings remotely.

Restrictions and important nuances

1. Time limits during pregnancy. If the wife is pregnant, or if a year has not passed since the birth of the child, divorce is not possible. This condition applies even if the child, unfortunately, did not survive.

2. Operation of courts in wartime. Some courts may be inaccessible due to military operations. Information on the work of courts can be found on the website of the Supreme Court of Ukraine.

How to get a divorce if the marriage was concluded with a foreigner or on the territory of another state?

1. Absence of a foreign element. If both spouses are citizens of Ukraine, even if they are abroad, they can get a divorce through the Ukrainian civil registry office or court. A joint application can be submitted to a Ukrainian consular office if the spouses have a common desire to divorce and do not have minor children.

2. The presence of a foreign element. In the case of marriages with foreigners or in the presence of citizenship of another country, it is necessary to determine which state's law applies:

- If both spouses are citizens of Ukraine, but permanently reside in another country, for example, the Czech Republic, the divorce may be carried out under Ukrainian law, and litigation may be initiated in Ukraine.

- If one of the spouses is a citizen of another country where the spouses also reside, the divorce may be conducted under the laws of that country. For example, in the Czech Republic, where a couple lives together, they can divorce under Czech law in local courts.

3. Lack of international agreements. If there is no agreement on legal assistance between Ukraine and the country of residence of the spouses, the Law of Ukraine “On Private International Law” applies. It stipulates that:

- Marriage between citizens of Ukraine is dissolved under Ukrainian law.

- A marriage between persons of different nationalities is dissolved under the laws of the country of the last joint residence, if at least one of the spouses still resides in that country.

4. Marriage contract with indication of the law. If the spouses have entered into a marriage contract with a provision on the application of Ukrainian law, a divorce is possible under Ukrainian law, even if both spouses live abroad.

In case of absence of children and mutual consent to divorce

1. Divorce through the registry office. If the spouses do not have children and they have reached an agreement on divorce, the process can be carried out through the civil registry office. According to the standard procedure, both spouses must submit a joint application for divorce to the Ukrainian registry office. However, if one of the spouses lives abroad and cannot be present in Ukraine, he or she may submit a notarized application.

2. Notarization of an application abroad. The law allows for filing a divorce application through the Ukrainian consulate in the country of residence. The consulate will ensure that the application is notarized in accordance with Ukrainian regulations. It is important that the application immediately indicates consent to the state registration of the divorce in the absence of the applicant. The application can also be notarized by a local notary, but it is important that the form of the application complies with the requirements of Ukrainian law.

3. Submission of the application to the civil registry office in Ukraine. The application, certified at the consulate or by a notary, is submitted through the spouse who is in Ukraine to the civil registry office at the place of residence. The application must be accompanied by a marriage registration certificate. After acceptance of the application, the civil registry office sets a date for divorce, on which the representative in Ukraine must appear. After the divorce is finalized, each spouse is issued a divorce certificate.

What should I do if one of the spouses is against the divorce or they have children?

If one of the spouses does not agree to the divorce or if they have minor children, the marriage can be dissolved only through the court.

Judicial dissolution of marriage

1. Filing a lawsuit. A marriage can be dissolved in a lawsuit - by filing a divorce claim. A lawsuit can be filed by a spouse who is in Ukraine or by a spouse who is abroad, using the services of a lawyer or representative.

2. Consideration of the case by the court. A divorce case is considered in a simplified proceeding. This means that the court can make a decision with or without summoning the spouses. If the court decides to dissolve the marriage, it is an official document certifying the termination of the marriage. No additional registration of the divorce at the registry office is required.

3. Guarantee of the right to divorce. It is important to understand that no one can be forced to marry against their will. Case law clearly protects the right of everyone to divorce, even if the other party is against it. If one of the spouses insists on divorce, the court is obliged to make a decision on divorce.

Legal assistance on migration issues

Divorce proceedings in time of war, especially for those who are abroad, can be complicated and confusing. Visit Ukraine's migration lawyers provide expert assistance and support to minimize delays and difficulties. They will help you collect all the necessary documents, represent your interests in court, and advise you on all aspects of the procedure.

Don't waste time solving legal issues on your own - contact the specialists via the link and get qualified support in difficult times!

Do you have additional questions? Contact the Visit Ukraine hotline (Telegram | WhatsApp).

We remind you! Family reunification is the basis for obtaining a residence permit in Ukraine. Read who can obtain a residence permit and under what conditions, what documents are required, and how to apply in our previous article.