Divorce from a foreigner without his presence

Divorce from a foreigner without his presence

If the foreign spouse wishes, it is possible to obtain a divorce at the civil registration authorities upon submission of two applications from the married couple. It is also possible to submit an application to the court by drawing up an electronic document with a certified signature, however, you will still have to go to the registry office in person.

If the foreign spouse does not agree to cooperate, the other spouse can file a claim in court. The court will hear the case without his presence after he has been duly notified. For all legal consequences to occur, the court decision must enter into legal force in the territory of the foreign state where the man lives.

Family lawyer
Candidate of Legal Sciences
Greetings rozirvannya-shlyubu.com.ua! In the article “Divorce from a foreigner without his presence” I will talk about how to separate from a foreigner without his presence, an application for divorce from a foreigner without his presence through the court, conditions for a divorce from a foreigner without his presence in court, answers from a lawyer about divorce from a foreigner without his presence. Read the article to the end and contact our law firm for legal assistance in family matters.

How to break up with a foreigner without his presence?

There are no provisions in family law prohibiting divorce from a foreigner without his presence. According to the Family Code of Ukraine, a marriage concluded between a citizen of Ukraine and a citizen of another state, or a stateless person, is carried out according to general rules.

This means that in certain cases it is possible to dissolve a marriage without the presence of a foreign spouse. The reasons for the absence of a foreigner may be:

  • Staying on the territory of a foreign state.
  • Permanent residence in another country.
  • Lack of information about his whereabouts.

In such cases, one of the spouses, who is a citizen of Ukraine, can either go to court to dissolve the marriage relationship. Divorce without the presence of one of the spouses still has certain features established by law.

Conditions for divorcing a foreigner without his presence in court

The legal process for divorce without the presence of one of the spouses becomes much more complicated. However, there are options to solve this problem:

  • The defendant is duly notified of the time and place of the trial and familiarized with all documents relevant to the case.
  • The defendant filed a motion to consider the case without his participation.

A judicial representative participates in the court hearing on behalf of the defendant.

In the first case, consideration of the case in court is possible if the location of the defendant is known. In this case, the person is sent a summons by mail. In this case, the court hearing must be scheduled taking into account the time that the person needs to arrive at the court and prepare for the case. If the defendant’s place of residence is unknown, then the court begins to consider the case without the participation of the second spouse after it is convinced that the defendant does not live at the last known address.

In accordance with current legislation, the defendant has the right to ask the court to consider the case without his presence. If this expression of will comes from a foreigner, he must submit a written, notarized petition to consider the case in his absence and to issue him a copy of the court decision. If these conditions are met, the court will not postpone the hearing, but will consider the case in the absence of the defendant.

Ukrainian legislation provides for the right of a citizen to participate in court through a representative, such as a lawyer.

Thus, if a foreign citizen is unwilling or unable to attend court, he can use the services of a family law lawyer.

Decision to divorce a foreigner without his participation

Based on the results of consideration of the issue of divorce, the court makes an appropriate decision. The civil registry office, on the basis of a court decision on divorce, makes a corresponding entry in the civil registration book.

The decision to divorce a foreigner has its own peculiarities. Once such a decision is made, it must become legally binding in the state where the man resides. This procedure is carried out in accordance with the legislation of the country in whose territory it is necessary to give legal force to the decision of the Ukrainian court.

Termination of marital relations and entry into force of the decision have certain legal consequences. After the divorce of a marriage, the regime of joint property ceases to apply, the spouses lose the right to receive an inheritance after the death of the former spouse, to receive social benefits related to the spouse (assistance in the event of the loss of a breadwinner) and others. 

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Application for divorce from a foreigner without presence through the court

The grounds for applying to court for divorce from a foreigner are:

  • The second man objects to the divorce.
  • Having common minor children.
  • A person avoids going to the registry office to get a divorce, despite the stated consent.

For legal proceedings, a wife who wants a divorce must file a petition for divorce. The requirements for the statement of claim are contained in the Civil Procedure Code of Ukraine.

In accordance with the Civil Procedure Code of Ukraine, a statement of claim is submitted in writing. The application must indicate:

  • The court to which the plaintiff (the person filing the claim) applies.
  • The name of the plaintiff, his place of residence.
  • Name of the defendant (the second man), his place of residence (if any).
  • Claimant’s claims. In this case, a demand for divorce.
  • One statement of claim may additionally contain demands for the division of property and demands for determining the place of residence of children.
  • The circumstances under which the plaintiff argues his claims.
  • The cost of the claim, if a claim for division of property is made.
  • List of attached documents (Marriage Certificate and others).

The statement of claim is filed with the court at the man’s last place of residence or the location of his property, if the man lives abroad or his place of residence is unknown.

The Civil Procedure Code of Ukraine provides for the exclusion of filing a claim for divorce if the plaintiff lives together with a minor child or, as a result of a serious illness, traveling to file an application seems difficult. In such cases, the application is submitted at the place of residence of the plaintiff. 

Answers from a lawyer about divorcing a foreigner without his presence
I actually stopped living with my husband, who is a citizen of a foreign country, and decided to officially file for divorce. The defendant indicated the man’s last known address in Ukraine as the place of residence. Is it possible to carry out divorce proceedings if I am not sure that the man lives in the same place?
I, Ivan Petrov, have decided to separate from my wife, Kaulaas Florida, a citizen of Lithuania. There are no common minor children. She said that she agreed to the divorce and would come to Ukraine to file a joint application. Within a month she only promises to come, but always avoids this. What should I do?

Divorce from a foreign citizen without his presence

Divorce from a citizen of a foreign state is carried out according to the general rules applicable to citizens of Ukraine. If a citizen is outside of Ukraine and cannot or does not want to return to Ukraine for a divorce, the second man faces certain difficulties. However, these difficulties do not prevent divorce. Without the absolute assistance of a foreign man, divorce is possible only through the courts.

Why you need to work with a lawyer
Working with a lawyer
Online – without presence
No cost
Working independently
Personal presence
For a long time
With costs

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for a divorce without the presence of a foreign man. 

Frequently asked questions to a lawyer
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