Divorce with a foreigner on the territory of Ukraine

Family lawyer
My name is Alexey Nikolaevich Skryabin, I am a practicing lawyer. I have been practicing law throughout Ukraine since 2007. I have been providing legal services to individuals for a long time. In this article I will tell you about divorce from a foreigner on the territory of Ukraine

Divorce with a foreigner on the territory of Ukraine

According to Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, all judicial procedures must be fair.

No one can be deprived of the right to have his case considered in court, to whose jurisdiction he is assigned by procedural law (Article 8 of the Law of Ukraine “On the Judicial System and Status of Judges”). According to Art. 15 of the Civil Code of Ukraine, every person has the right to protection of his civil right in case of its violation, non-recognition or challenge.

According to Part 1 of Art. 60 of the Law of Ukraine “On International Private Law”, the legal consequences of marriage are determined by the general personal law of the spouses, and in its absence – by the law of the state in which the spouses had their last common place of residence, provided that at least one of the spouses still has a place of residence in that state, or in the absence of one, the law with which both spouses otherwise have the closest connection.

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According to the first part of Article 16 of the Law of Ukraine “On International Private Law”, the personal law of an individual is considered to be the law of the state of which he is a citizen.
In accordance with paragraph 2 of part one of Article 76 of the Law of Ukraine “On Private International Law”, courts can accept for their proceedings and consider any cases with a foreign element, in particular, if the defendant in the case has a place of residence or location, or movable or real estate that can be foreclosed on, or there is a branch or representative office of a foreign legal entity – the defendant.

In accordance with paragraph 5 of Part 3 of the Resolution of the Plenum of the Supreme Court of Ukraine “On the practice of application by courts of legislation when considering cases on the right to marriage, divorce, recognition of its invalidity and division of common property of spouses”, in the event of divorce between a citizen of Ukraine and a foreigner or a stateless person, one of whom lives in Ukraine, the issue of jurisdiction is determined according to the general rules established by Art. 110 Code of Civil Procedure (similar content to Article 27 of the Code of Civil Procedure of Ukraine, as amended on December 15, 2017).

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Candidate of Legal Sciences
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