Marriage dissolution is quite sensitive issue requiring individual approach in each single situation. In the meantime, a TOP-12 questions which we hear from every Client:
- I am a foreigner and decided to get married with a Ukrainian. What documents will I need?
- For foreigners/stateless persons the following documents are required:
(a) passport/passport document,
(b) Current Civil Status Certificate (issued by competent justice authorities or the court in the country of citizenship or in the country of permanent residence; remains valid within 6 months upon issuance),
(c) document evidencing termination of the previous marriage (a Divorce Certificate, a Death Certificate, a Court Decision on the Marriage Annulment) - for those remarrying, and
(d) some RAGSes may also require a Birth Certificate. Each document, other than the passport, shall be legalized.
- I am a foreigner and I do not reside in Ukraine. May I apply for divorce in Ukraine?
- Foreigners may dissolve a marriage in Ukraine if a spouse
(a) permanently resides on the territory of Ukraine, and/or
(b) registered his/her domicile on the territory of Ukraine.
- Do I need to prove sound ground for divorce (cheating, home violence etc.)?
- No. Marriage is a free will of spouses and no one may be forced to stay married with anyone (Art. 56 of the Family Code of Ukraine).
- How long a divorce procedure usually takes?
- In practice, standard divorce procedure takes about 1-3 months.
- Is it possible to dissolve a marriage without the court proceedings?
- If a couple having mutual desire to dissolve the marriage does not have children they may file an application to the State Civil Registrar (RAGS) on the marriage dissolution. In such case the marriage may be dissolved apart from the couple’s dispute on the property division.
- And if we have a baby, but still both agree to dissolve the marriage?
- In this case the couple may file with the court a mutual application on the marriage dissolution and attach to it an agreement on the parents’ rights and alimony.
- Will the property acquired before marriage be divided in case of divorce?
- No (Art. 57 of the Family Code of Ukraine).
- What documents are required for the marriage dissolution in the court?
- To file a divorce petition the following documents are required:
(a) copy of a passport of each spouse (national – for Ukrainian citizens, international – for foreigners),
(b) marriage certificate (preferably, in original), and
(c) copy of a birth certificate of a child (if any).
- Do I have to provide my former wife with maintenance after divorce?
- No, unless your former spouse became disabled or retired during marriage.
- May I conclude a Marriage Contract during marriage?
- Yes, even immediately before divorce (Art. 92 of the Family Code of Ukraine).
- Whom of ex-spouses will the child stay with?
- Parents have equal rights to stay with a child depending of their parental behavior, unless any of them has no income or is an alcoholic, immoral person or drug addicted. (Art. 161 of the Family Code of Ukraine).
- How long do I have to wait before re-marrying?
- Ukrainian legislation does not establish waiting period for re-marrying after divorce.