Mutual agreement between spouses and the process of obtaining a divorce through the Civil Registry Office (DRAZ) may seem simple and straightforward. However, in cases where one of the parties is a foreigner, or when there are complex issues such as property division or child custody, this path can be challenging. Therefore, in most cases when people face the dissolution of a marriage between a Ukrainian and a foreigner, they seek assistance in court.
The judicial process allows for the resolution of all contentious issues, including property division, alimony, and matters concerning children. Additionally, the court route provides greater assurance of protecting each party’s rights and interests, as decisions are made based on the law and after a thorough examination of all the circumstances of the case.
While divorce through the DRAZ may be a quicker and less formal method, in cases where complex issues arise, it is usually more effective to turn to the courts. The courts ensure an adequate resolution of all contentious issues and the protection of all parties’ rights, which is extremely important in cases of international family conflicts.
It should be noted that the dissolution of a marriage between a Ukrainian citizen and a foreigner in our country is regulated in accordance with the legislation “On Private International Law.” In cases where the spouses have reached an agreement and do not have joint children, the marriage dissolution can be carried out by the DRAZ in accordance with Ukraine’s domestic regulations. However, in most cases, the dissolution of a marriage between a Ukrainian citizen and a foreigner occurs through a judicial process.
According to the law, Ukrainian courts have the right to consider any cases involving a foreign element if the respondent resides on the territory of Ukraine or has property that may be subject to enforcement measures, or if an action or event occurred on the territory of Ukraine that served as the basis for filing the lawsuit.
For example, this could include the marriage between a Ukrainian citizen and a foreigner on the territory of Ukraine, as recorded in the corresponding marriage certificate. Regarding the procedure for recognizing a marriage with a foreigner as invalid, it should be noted that a marriage is recognized as invalid by a court decision if it was registered without the free consent of the woman or man.
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Such situations occur when the individual was suffering from some illness, was under the influence of alcohol or drugs, the marriage was entered into under physical coercion, etc. Additionally, there are specific additional cases where the court may declare the marriage invalid by court decision, particularly when individuals did not reach the marriageable age, concealed a serious illness dangerous to the other spouse, etc.
Еhe Lawyers and Realtors Association of Ukraine (AROU) has been helping Ukrainian women annul their marriages with foreigners for many years. You can entrust us with your case, and we will bring it to a positive result in the shortest possible time!
