All main issues related to marriage and divorce in Ukraine are regulated by the Family Code of Ukraine. Also this law defines the rules of getting divorce in Ukraine for a foreigner being married a Ukrainian national.
When the decision to divorce has been mutually agreed by a couple, the fact of having minors by the couple, or pregnancy of the wife, is very important for choosing the way of getting divorce in Ukraine.
If a married couple does not have minors and seeks for divorce in Ukraine
According to the Family Law in Ukraine, if the couple does not have minors and the wish to get divorce is mutual, they have the right to submit an application for divorce to the local Civil State Acts Registration Authority (in Ukrainian it is abbreviated as "RAGS"). If a foreigner has no possibility to submit such an application, he can get this application submitted via a representative. You can do this by hiring a Ukrainian family law professional, for example.
When such an application is submitted, RAGS gives 30 days term to the couple as a probation. RAGS makes a decision to divorce the couple in Ukraine after the end of this term. RAGS has to stop the process of divorce in case there is an application from a couple to terminate it, submitted within this term.
There is a possibility to get the decision of divorce by RAGS on the ground of application of only one member of the couple – this may be done in case the second member of the married couple has been declared missing or incapable.
After the divorce is done, RAGS issues a certificate of divorce valid in Ukraine. It can be apostilled and translated into other language for further use (and legalisation) in foreign countries.
If a married couple has minors
According to the provisions of Ukrainian legislation regulating divorce, only court makes the decision to divorce a couple which has minors. The couple that has children applies to the Ukrainian court with a petition to divorce. A written agreement on who of the couple will live with children and what level of care for the children the parent living separately would have is submitted together with the petition to divorce.
The Ukrainian court shall make a decision to divorce the couple, if it would be determined that the application for divorce reflected the free will of the wife and the husband and none of their personal and property rights, as well as the rights of their children, will be affected.
According to the law in force in Ukraine, the court has to divorce a couple after a 1-month period since they submit their divorce petition.
An application to divorce can not be submitted within the period of pregnancy of the wife and also within the 1 year period after the birth of a child.
The court in Ukraine may divorce the couple on the ground of application of one member of the couple. In this case, the court shall make a decision to divorce the couple, if it is determined that further joint life of the spouses and the preservation of marriage would be contrary to the interests of one of them, or would harm the interests of their children.
Please, contact One Stop Ukraine for more information if you have questions regarding the divorce procedures in Ukraine or need an attorney to solve your family issue in Ukraine.
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