Abroad and Want to Divorce: What Options Are Available to Ukrainians

Dissolution of marriage in Ukraine is possible both through the civil registry offices (CROs) and through the court procedure. The choice of procedure depends on the mutual consent of the spouses, the presence of common minor children, and property disputes. At the same time, even if the husband or wife is abroad, it does not deprive the possibility of officially terminating the marriage. The legislation provides several mechanisms that allow divorce to be formalized both in Ukraine and abroad.

When can a marriage be dissolved through the CRO

A joint application for divorce can be submitted to the CRO department if the spouses have mutual consent, no common minor children, and no disputes regarding jointly acquired property.

To submit an application, you need to contact any CRO department with passports and the marriage certificate.

If one of the spouses cannot personally submit the application, they can fill it out and notarize it. In this case, the other spouse submits the notarized application together with their own.

After one month from the date of application submission, the spouses must return to the CRO department. After that, the state registration of the divorce is carried out and the relevant certificates are issued.

When is it necessary to apply to court

The court procedure for divorce is applied in cases when:

• the spouses have common minor children;
• there is no mutual consent to divorce;
• there are disputes between the parties regarding jointly acquired property.

The application to the court can be submitted personally or through a representative.

After the case is considered, the court makes a decision on the divorce. This decision is then sent to the CRC department at the place of its adoption for entering the relevant information into the State Register of Civil Status Acts and making a note in the marriage record.

How to divorce while abroad

The presence of spouses outside Ukraine does not create legal obstacles to divorce.

To ensure uninterrupted access of citizens to civil registration services during martial law, the Cabinet of Ministers of Ukraine adopted a resolution allowing Ukrainian diplomatic missions abroad to certify divorces.

What divorce options are available to Ukrainians abroad

There are two main options for formalizing a divorce outside Ukraine.

The first option applies to spouses who have no common minor children and are in the same foreign country. In this case, the husband and wife can contact the nearest Ukrainian diplomatic mission abroad and submit a joint application for divorce.

The second option is relevant for couples who have common minor children or cannot submit a joint application. In such a situation, the marriage is dissolved through the court procedure.

To simplify the procedure, the parties can use the capabilities of the "Electronic Court" system and submit the necessary documents remotely, without personally arriving in Ukraine.

What to remember before submitting a divorce application

The key factors determining the divorce procedure remain the presence of children, the consent of both parties, and the absence or presence of property disputes. If the spouses have no common minor children and agree to divorce, the procedure through the CRO is the simplest and fastest. In other cases, the matter must be resolved through the court, including remotely if the husband or wife is abroad.

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