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Divorce forms Ukraine and how to divorce a Ukrainian.

 

Divorce law in Ukraine offers the following possibilities:

 1) divorce in Ukraine by mutual consent before a court of Ukraine,

 2) judicial divorce in Ukraine always before the territorially competent court of Ukraine,

 3) divorce in Ukrainian municipality (zags Ukraine), with agreement between the parties.

 

News about divorce in Ukraine! It is worth noting that from 2021, the Ukrainian courts in the matter of appeal for divorce in Ukraine by a foreign citizen, require, under penalty of inadmissibility of the process, even if already underway, activities and legalizations of documents in Italy, which must necessarily be produced by law firms authorized in Italy. In other words, "stylized" appeals submitted on your own through Ukrainian agencies, often submitted by post to Ukrainian courts, for divorce with Ukrainian, are no longer admissible before the courts in Ukraine. 

This international law firm for Ukraine, being authorized to practice law both in Ukraine and in Italy, has already activated the new procedure for its clients, without affecting the regular conduct of trials already underway or to be held.  ;

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In the first two cases of methods for divorcing in Ukraine, since it involves the issuing of a formal judgment by a Ukrainian court through the divorce sentence in Ukraine, all the trappings referred to in Regulation (EU) no. are implemented. 1215/2012, which integrates the art. 64, of Italian law n° 218/1995. Therefore, the divorce sentence in Ukraine is registered in Italy directly without exceptions and oppositions from the Italian Public Administration. On this point, it has been clarified by now solid jurisprudence that the Italian system of private law no. 218 of 1995, described, with art. 64, a general recognition mechanism(reserved in itself for sentences only), valid for all types of disputes, including therefore those relating to family relationships and presupposing the concurrence of a whole series of requirements described in this regulatory provision; compared to such a general operating model. As for respect for the essential rights of the defence, it should be noted that it must emerge from the decisions of the Ukrainian courts that the Italian party has effectively adopted a defense to the divorce proceedings brought in Ukraine with an appropriate technical defence.

 

As regards the aforementionedthird form of divorce in Ukraine, before the zags (civil registry office of the municipality in Ukraine), the question of the validity in Italy of this form of divorce in Ukraine is exposed to numerous complaints with rejections in the process of transcription and recognition in Italy. In fact, it is not unusual for this firm, being qualified to practice law in Italy and authorized to practice in Ukraine, to receive assignments to intervene before the Italian authorities who refused the registration of this form of divorce in Ukraine. The reason is inherent in fundamental questions from a legal point of view. Articles 65 and 66 of law no. 218 of 1995, containing provisions regarding art. 65,”Recognition of foreign measures” and to the art. 66,”Recognition of foreign provisions of voluntary jurisdiction”, in themselves contain an essential aside at the end of the last paragraph of the art. 65, also referred to in the following article, which just states: "provided […] the essential rights of the defense have been respected.” The aforementioned law entrusted to art. 65 the preparation of a more flexible complementary recognition mechanism - extended, in itself, to the more general category of provisions (reserved for the exclusive scope of matters relating to personal capacity, existing family relationships or personality rights andnot relationships of termination of the civil effects of marriage or extinction of marriage which are evidently reserved for the provisions of the art. 64) who, in requesting the concurrence of the sole conditions of non-contradiction to public order and of the occurrencerespect for the essential rights of the defence (a defense which obviously cannot be exercised before a zags, since it is not foreseen by any law that the spouse can interfere with the zags by appointing a lawyer). All this considering that in Ukraine since 2018, like Italy, technical defense with a lawyer authorized to practice before the Ukrainian courts and tribunals is mandatory by law, therefore self-defense cannot be invoked. 

 AIt appears evident, from the above, that an Italian who signs a divorce in the Ukrainian language before the Zags in Ukraine will never be able to be protected from a defense point of view for several reasons: official absence due to the impossibility of appointing a lawyer authorized to practice before the courts and tribunals in Ukraine; absence of knowledgecertified of Ukrainian law; absence of knowledgecertified of the official Ukrainian language (with a diploma of at least B/2 level in the Ukrainian language) and of the understanding of the actual legal value of the institution of divorce before the zags in Ukraine.

For the above reasons, since the essential rights of defense expressly provided for by law in favor of the Italian citizen are violated, pursuant to art. 65, law 218/1995, the Italian civil registry officials, with good reason, refuse the registration of the divorce in Ukraine carried out before the zags in Ukraine or even, if the registration was made by mistake, they revoke it even after some time, since it is a nullity incurable, communicating to the divorced person the annulment of the procedure due to conflict with mandatory Italian legislation. The law provides methods to remedy these situations, operating directly in Ukraine. 

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