Differences divorce proceedings with a foreignerAccording to the Family Code of Ukraine, regardless of whether a citizen of any country is divorced, there are several possible ways to stop marital relations:
- ✔ The first and the easiest is the appeal to the Department of Registration of Civil Status Acts. True, it can only be used if there are no joint under-age children and mutual consent for divorce.
- ✔ The second is a divorce through a court. This method is relevant in the presence of children or, when one of the spouses against the dissolution of marriage.
- ✔ The third way involves recognizing one of the spouses as missing, incapacitated or has a prison term of more than three years. In any of these cases, the second spouse has the possibility to divorce through Department of Registration of Civil Status Acts.
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The main differences in divorce cases with representatives of other countries arise when they can not arrive at a court session or in the Department of Registration of Civil Status Acts. Divorce with a foreigner in Ukraine is much easier if the non-resident is not abroad. But in most cases, a foreign citizen has no desire to come, which leaves only one possibility - stopping the marriage from a distance.
How to divorce a foreigner in the Department of Registration of Civil Status Acts?The law of Ukraine provides for the possibility of dissolving a marriage without the appearance of one of the spouses in the Department of Registration of Civil Status Acts, but only in the case of the valid circumstances of his absence. These circumstances include:
- ✔ serious illness;
- ✔ business trip for an indefinite period;
- ✔ residence in another country.
That is, a foreigner can easily divorce and without arriving in Ukraine. This happens as follows:
- 1 The Ukrainian spouse receives both parts of the divorce application at the Department of Registration of Civil Status Acts and fills in half.
- 2 The document is sent to a foreigner who translates it into the language of that country submitted to him, which he is, and then fills his part.
- 3 Then the application is certified by a notary and legalized if necessary.
- 4 Having received the document back, the Ukrainian spouse transfers it back and also notifies the notary.
- 5 The application is submitted to the Department of Registration of Civil Status Acts together with all the necessary documents, after which the date of registration of the divorce with the alien is assigned.
- 6 In order for the non-resident not to come to the divorce, he must express his consent to the procedure without his participation. This document undergoes the same assurance process, by sending it back and forth, as does the application for divorce.
- 7 About a month after this, a certificate of divorce will be available at the Department of Registration of Civil Status Acts.
The procedure for divorce with a foreigner in courtAlso, as in the case of the Department of Registration of Civil Status Acts, a citizen of another country may not appear at court hearings. But in this case, a lot of nuances arise, in which you can not understand without a qualified lawyer. All the documents necessary to dissolve the marriage through the court will need to be forwarded to the foreigner for assurance that it will take not only time, but also necessarily "fly into a lot of money."
If, in the case of a divorce of compatriots, the agreement "On the upbringing and provision of a child after the parents' divorce" is not necessary, then when dissolving a marriage with a foreigner, this is also not a necessary document. At the same time, a contract can be made not only in accordance with the laws of Ukraine, but also take into account, if necessary, the laws of the home country of a non-resident. The court can demand a lot of documents that are not used in the usual divorce proceedings, for example, a certificate of registration of a non-resident spouse in Ukraine. Without it, they may not even accept a claim for divorce.
When it comes to the court especially in such a delicate matter as divorce with a foreigner in Ukraine, it is necessary to consult with a lawyer, otherwise difficulties can not be avoided. The trial can drag on for years and will take a lot of time and effort. It's easier to trust professionals and get qualified help.
More useful information you can find on our website https://www.yurdopomoga.com.ua
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