Divorce with a citizen of Russia in Ukraine

Развод с гражданином России в Украине 1

Divorce with a Russian citizen in Ukraine takes place in almost the same procedural order as the usual dissolution of a marriage between Ukrainians. The legal regulation of divorce for citizens from the CIS countries is carried out in accordance with the Minsk Convention of January 22, 1993 in Articles 28 and 29, which contain special rules on divorce. At the same time, the divorce procedure is influenced by such factors as the presence of children, the consent of the second spouse, as well as the possibility of the parties to be present at the court session.

How does a divorce happen between a citizen of Russia and Ukraine?

First of all, you need to decide where the divorce with the Russian will take place. It is possible to dissolve a marriage both in Ukraine and in Russia. In this case, the procedure will take place according to the laws of the country in which it is carried out. The easiest way will be for couples living within the same city, since a personal presence is required for a divorce. Although, if desired, divorce can be carried out at a distance.

In Ukraine, a divorce with a citizen of the Russian Federation can take place according to three scenarios:

  • At the general application of the spouses or one of them on the basis of a resolution of the state civil registration authority (civil registry office);
  • By a joint statement of the spouses on the basis of a court decision;
  • At the request of one of the spouses on the basis of a court decision.

In the first case, the procedure for divorce is carried out in the simplest way, but for this the following conditions must be met: the spouses must not have joint children who have not yet turned 18; the spouses must agree to the divorce. If both of these requirements are met, then all you need to do is file an application for divorce at the civil registry office at the place of residence or registration.

According to the second scenario, spouses are divorced who agree to divorce, but at the same time have children together. In this case, the couple must submit a joint application for divorce to the court, as well as draw up an agreement that will indicate with whom the children will live after the divorce, as well as how the parent, who will live separately, will take part in raising and providing for the offspring.

If one of the spouses is against divorce or the couple has any disputes about joint children, then the dissolution of the marriage takes place in the course of action. That is, a spouse who wants to divorce must file a claim for divorce. The claim must be drawn up in accordance with the legislation of Ukraine and contain arguments facilitating the adoption of the necessary decision by the court.
Развод с гражданином России в Украине 2

Divorce procedure between citizens of Russia and Ukraine?

If the divorce occurs through the civil registry office, then the procedure is as follows:

  • Submission of an application to the Civil Registry Office at the place of registration of one of the spouses. A copy of the passport, marriage certificate and a paid receipt of state duty are attached to the application.
  • The date of divorce is appointed by the employees of the state body. Usually no earlier than a month later.
  • At the appointed time, the spouses come for a divorce, receive a stamp in the passport and the corresponding certificates.

If a divorce with a Russian takes place on the basis of a joint application of the spouses on the basis of a court decision:

  • Submission by the spouses of a joint application for divorce to the court. A copy of passports, a paid receipt of state duty, certificates of marriage and birth of children are attached to the application.
  • Also, an agreement is being prepared “On the upbringing and provision of a child after the dissolution of the parents’ marriage.”
  • After all the necessary documents have been submitted, a court hearing is scheduled. Usually in 1-2 months.
  • At the appointed time, the spouses come to court for a hearing, after which they receive a decision on divorce – the only document that confirms the dissolution of the marriage by the court.

 

In case of disputes between the spouses, the divorce procedure is as follows:

  • A spouse who wants to dissolve the marriage files a divorce suit in court. A copy of the passport, a paid receipt of state duty, a certificate of marriage and birth of children (if any) is attached to the application. A package of documents in duplicate is submitted to the court at the place of registration of the defendant, the location of his property or the last known place of residence.
  • The court appoints the place and time of the meeting, and also notifies the second spouse. If the location of the defendant is unknown, measures are taken to search for this person.
  • On the appointed date, the spouses must appear for the hearing. If the defendant was duly notified of the hearing and did not come, then the court may be held without his presence.
  • After hearing the case, the judge makes a decision on the dissolution of the marriage or, if there are any serious circumstances, postpones the hearing.

A court decision on divorce with a citizen of the Russian Federation is valid throughout the territory of Ukraine and is an official document confirming the fact of divorce.

You can get advice, as well as order a divorce with a Russian, on our WebJurist website. Experienced lawyers are well versed in this matter and will be able to help in any even the most difficult situation.

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