Divorce is a complex process, especially when one of the spouses is a foreign national. The division of property in such cases can become an additional complication due to the different jurisdictions and legal systems that may influence the outcome.
Such divorces are governed by the Family Code of Ukraine (Article 106). It is noted that spouses without children have the right to submit an application for divorce to the civil status registration office along with all necessary documents. If the spouses have common children or if one of them does not wish to dissolve the marriage, the case goes to court.
This process is handled in accordance with the legislation and the conditions established by the legal assistance agreement between Ukraine and the other country, whose citizens the spouses are. This becomes a particularly important aspect that affects the divorce process.
For example, if there is no relevant agreement between Ukraine and Poland, Ukrainian courts cannot consider the case of a divorce between Polish citizens residing in Ukraine. In such cases, Polish courts would have jurisdiction.
A lawsuit for divorce is filed in the court at the defendant’s place of residence. However, if the defendant is outside Ukraine at the time of filing, the lawsuit can be filed at the plaintiff’s registered address. This can also be justified if the plaintiff has young children to support, or cannot leave due to health reasons or other circumstances. This is also possible if the spouses have agreed on this in advance.
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Hiring a lawyer is a prudent step for those facing divorce with a foreign national and needing professional support in the division of property.
With the help of a competent and experienced lawyer, clients can be assured that their rights will be protected and their interests properly represented in court.
In a divorce with a foreign national, a lawyer can also help resolve issues related to international aspects, such as the recognition of marriage and court decisions in other countries, the enforcement of court decisions, and the protection of the rights of children who may be part of the property division.
The Lawyers and Realtors Association of Ukraine (AROU) has extensive experience in protecting individuals in divorces involving foreign nationals. We will provide you with the necessary legal support to achieve a positive outcome!
