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Making and filing a claim for divorce in court

SLA Attorneys can be your lawyer for divorces in Ukraine for foreigners, divorce consequences, alimony in Ukraine, and recognition of Ukrainian divorce decrees abroad.

Whether you are legally separating or filing for divorce, it is crucial to maintain a level head, especially when issues such as child custody or property division are involved. The first step should always be consulting a family law specialist.

The divorce procedure in Ukraine is relatively straightforward, even for foreign citizens. Either spouse, or both together, can file for divorce at the civil registry office to obtain a divorce decree. Additionally, a marriage can be dissolved through a court order if both spouses agree to it (uncontested divorce). Alternatively, if only one spouse files for divorce (contested divorce) or if the couple cannot resolve legal issues such as property division, child support, visitation rights, or alimony, the court will intervene.

Divorces are usually not one of the most pleasant aspects of life, especially when the parties involved are of different nationalities and possibly reside in different countries with different legal systems. Our law firm is a market leader in the field of divorces of binational marriages with Ukrainian spouses and foreigners. We have been working in this field in Ukraine and internationally for over 20 years.

During this time, we have conducted over 100 divorces with foreign parties in Ukraine and thus have unrivalled practical experience in this field. This applies both to divorces on the merits and to divorce-related matters such as maintenance, division of property, custody, rights of access to children, etc. At the same time, we are familiar with the court practice, bureaucracy and procedural behaviour of Ukrainian parties.

Save time and nerves by working with us, leave the necessary formalities to us and concentrate on your new life.

It is also quite practical for foreign citizens to get divorced in Ukraine. This is usually much quicker than abroad; there is usually no need to wait for a year of separation, and court dates are allocated much earlier than in most other countries.

In most cases, a divorce for foreigners in Ukraine is also associated with significantly lower court and lawyer fees. A personal presence in court is usually not required.

    I. Dissolution of marriage at the Civil Registry Office in Ukraine

    Spouses without children can apply for divorce at the civil registry office. The office issues a divorce decree within one month from the date of application. Property disputes between the spouses do not affect the dissolution of marriage at this stage.

    A spouse can file for divorce at the civil registry office if the other spouse is:

    • Declared missing;
    • Legally incapable;
    • Convicted of a crime and sentenced to at least three years of imprisonment.

    II. Dissolution of Marriage in Court

    A marriage is dissolved in court when the couple has underage children or if one spouse does not consent to the divorce.

    Spouses with children must submit a written agreement to the court outlining:

    • Custody arrangements;
    • Child and spousal support;
    • Conditions for parental involvement in the children’s upbringing.

    This agreement must be notarized. If one spouse fails to comply, it can be enforced by a notary’s executive note.

    The court issues a divorce order one month after the application is filed. During this period, either spouse can withdraw the application.

    In contested divorces, if one spouse does not consent, the other can still apply for divorce in court. The court will schedule a hearing within one month. If the dissenting spouse fails to appear without a valid reason, the judge will reschedule the hearing. However, the judge will proceed with the divorce in their absence if they miss the second hearing, and a divorce decree will be issued, coming into force after ten days, regardless of property disputes.

    A marriage dissolved at the civil registry office is terminated on the day the act is issued. For court-ordered divorces, the effective date is the day the court decision comes into force. The civil registry office then issues a divorce certificate.

    For foreign citizens, it is important to ensure that all legal documents are properly translated and recognized by Ukrainian authorities. Consulting with a lawyer experienced in international family law can help navigate these additional requirements.

    ІІІ. What a divorce lawyer can do in Ukraine

    1. The lawyer assists in gathering the necessary documents.
    2. Prepares all procedural documents for the swift initiation of the case in court.
    3. Represents the case in court until a divorce decree is obtained.
    4. Collects the court’s divorce decree marked as legally binding.
    5. Register the information with the Ministry of Justice of Ukraine.
    6. Obtain an apostille on the court’s divorce decree.

    Our divorce lawyers in Kyiv have extensive experience in handling such cases. We are ready to provide you with qualified assistance and support at any time, offering a personalized approach to each client.

    ІV. DOCUMENTS NEEDED TO CLAIM A DIVORCE AT COURT

    1. Divorce petition.
    2. Copy of the wife’ s/husband’s passport.
    3. Copy of the wife’s/husband’s tax identification number.
    4. Original or duplicate of the Marriage Certificate.
    5. Original or duplicate of the Birth Certificates of the children (if there are children from the marriage).
    6. Agreement on the participation of parents in the upbringing of common children (in case of mutual consent of the spouses to divorce).
    7. Receipt of payment of the court fee for filing the petition.

    It should be noted that we assist in preparing documents for the divorce petition in court. If you are abroad or have lost the original documents, we can obtain their duplicates or restore them without your presence.

    For detailed information family law and divorce process, please contact us in any way convenient for you:
    Call: +380 (68) 856 98 51
    Write to e-mail: info@semperlegal.com

    Click “WhatsApp” and call our specialist.

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    • OFFICE IN KYIV
    • 68 Zhylianska Str.
    • Kyiv, 01033, Ukraine
    • Tel.: +380 (44) 300 10 80
    • WhatsApp: +380 (68) 856 98 51
    • E-mail:info@semperlegal.com
    SLA Attorneys
    SLA Attorneys provides Clients with legal solutions that are effective in terms of saving time and money. SLA Attorneys is a law firm registered in accordance with the Law of Ukraine “On the Bar and Advocacy.” The firm’s registration code number is: 40116746
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    • OFFICE IN KYIV
    • 68 Zhylianska Str.
    • Kyiv, 01033, Ukraine
    • Tel.: +380 (44) 300 10 80
    • WhatsApp: +380 (68) 856 98 51
    • E-mail:info@semperlegal.com

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