Forms of divorce Ukraine.

How divorce works in Ukraine.

Types of divorce proceedings in Ukraine:

1) divorce in Ukraine by mutual consent (agreement between the parties) before a court in Ukraine. Divorce in Ukraine can be carried out remotely by the party through a special prosecutor.

2) Judicial divorce due to disagreement between the parties in Ukraine always before the territorially competent court of Ukraine. Also in this case it can be executed remotely from Ukraine, always through a special prosecutor. 

3) Divorce in Ukrainian municipality (registry office - zags Ukraine), with agreement between the parties.

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 met. 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 Public Administration. 

As regards the aforementioned third form of divorce in Ukraine, before the zags (civil status office or municipal registry in Ukraine), as explained above, the question of the validity in Italy of this form of divorce in Ukraine is exposed to numerous complaints with rejections being transcribed and recognized in Italy.  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 that […] the essential rights of the defense have been respected.”

It appears clear from the above that an Italian who signs a divorce in the Ukrainian language before the zags in Ukraine can never be protected from a defensive point of view for several reasons: official absence of a lawyer appointed and authorized to practice before the courts and the courts in Ukraine; lack of certified knowledge of Ukrainian law; lack of certified knowledge of the official Ukrainian language and 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 are violated to the detriment of the Italian citizen, referred to in art. 65, law 218/1995, Italian civil registry officials often refuse the registration of divorce in Ukraine before the zags in Ukraine. All this considering that in Ukraine since 2018, like Italy, technical defense with a lawyer authorized to practice before Ukrainian courts and tribunals is mandatory by law.  

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Divorce procedure in Ukraine, how  divorce a Ukrainian. 

Divorce in Ukraine can be activated even if the separation phase has been activated or defined in Italy or another state, for example judicial, consensual, assisted negotiation or before the civil registrar. In fact, it is also constant in Italy that the personal separation of spouses and the so-called divorce are two different legal institutions. In fact, they  they regulate separate aspects of the marital relationship, therefore they are compatible and overlapping. The first - separation - regulates the relationship during marriage, the second - divorce - extinguishes it. To better understand the topic, we recommend reading the specific page.

Divorce  in Ukraine is direct and divorce sentences in Ukraine are recognized in Italy as in all EU states. Likewise, divorce in Ukraine, pronounced by a court, is recognized in all legal states. 

 

Judicial process both for the procedure consensual and judicial divorce in Ukraine:

1) appeal to the Ukrainian court signed in the legal forms for documents originating from foreigners;

2) filing in court and notification to the other party;

3) trial before the court of Ukraine. The timeframe with the reform of the Ukrainian justice system has been slightly extended, although it remains extremely negligible compared to the terms of the Italian courts.

There is no maintenance if the spouse is able to work. If there are children, except in special cases, the maintenance cannot exceed 25/30% of the actual monthly work income. 

 

Divorce services in Ukraine:

• legal assistance and representation of the parties in divorce actions in Ukraine,

• legal advice for the client's divorce, initial information regarding, in particular, all the important stages and elements that define your divorce process. Furthermore, the necessary documents and documents to be drawn up for the future divorce process in Ukraine are indicated.

• Processing of divorce action and divorce paperwork for filing in court in Ukraine,

• processing of divorce application and divorce counterclaim in Ukraine,

• assistance and representation in the processes of distribution of common goods in Ukraine,

• preparation of the distribution action and consultancy relating to the distribution transaction in Ukraine,

• assistance in making the decision on child custody in Ukraine,

• processing and representation in child custody proceedings to establish the amount of maintenance in Ukraine,

• processing of the action regarding the increase/reduction of the amount of maintenance for minor children in Ukraine,

• processing ofthe action regarding divorce agreement due to personal ties of parents and minors in Ukraine,

• actions to verify the paternity of the child born in or out of wedlock in Ukraine;

• negotiations with the opposing party to establish a divorce agreement, if this is possible in Ukraine,

• represent the client before the court during the divorce process and during the distribution action in Ukraine,

•  provide comprehensive information to the client regarding the stages of the process, the current status and future developments of the action in Ukraine,

• transcription of divorce from Ukraine in Italy.

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Legal services – divorce services in Ukraine for Italian citizens in Ukraine:

• comprehensive services in the field of divorce proceedings: legal advice, assistance and legal representation in Ukraine.

• Legal advice for clients in Ukraine, through all modern means of communication: telephone, email or online;

• the variety of communication methods is used to bring customers from abroad (Italy, all EU states and the USA) an offer of services perfectly suited to the requests and personal needs of those assisted in Ukraine.

• legal representation of Italian and EU citizens abroad in Ukraine, in the divorce process, before the requests pending before the courts  of Ukraine without obliging them to personally appear in Ukraine;

• the legal representation of Italian citizens abroad before requests during the divorce process based on an "ad hoc" delegation in Ukraine.

• Transcription of the divorce obtained in Ukraine in the state of origin of the assisted spouse,

• Complete information to the client regarding the stages of the process in Ukraine, the current status and the action in development.

 

Legal services  – recognition of divorce sentences from abroad to Ukraine and from Ukraine to Italy: 

• online legal advice regarding the recognition of divorce obtained abroad;

• develop legal documents for recognition and registration of divorce obtained in Ukraine;

• obtaining documents and legal acts: divorce decree, marriage certificate,  apostilles, translations and notarial supervision of legal documents of civil status and judicial decisions in Ukraine,

• recognition in Ukraine of foreign divorce resolutions through registration of the divorce at the competent Civil Registry Service;

• recognition in Ukraine and Italy of foreign divorce resolutions upon application to the competent Court;

• registration in Ukraine of divorces carried out abroad,

• complete information of the client regarding the stages of the process, the current status and developments of the action in Ukraine.

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Documents and procedure for divorce in Ukraine.

 

Documents to start the procedure:

1) certified copy of marriage certificate;

2) copy of translated passport;

3) copy of birth and citizenship certificate translated with apostille;

4) in the presence of children: family status with indication of minor children;

5) in the presence of assets to be divided, lists and legal documents;

6) authenticated and legalized delegation and special power of attorney to defend. 

The presence of the party at the case is not necessary, it is sufficient for the continuation of the judgment to have appointed a lawyer. 

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To sum up: the Firm regarding what has been stated on the point  of divorce with Ukrainian women, has a broad knowledge of the relevant law in Ukraine and Italy and is authorized in Ukraine and Italy to exercise all the rights of clients both in a consensual and judicial form before all courts and appeal courts of both States for the protection of their clients. If necessary, the firm can present requests, appeals, produce documents and certificates, validate registers, register individuals, partnerships and applications.  The Firm also has the right to extract, forward and request certificates and copies on the socioeconomic status of any public or private entity.  

The firm has been successfully following procedures for disputed and possibly abducted children for years.

 

The review judgment of divorce proceedings already concluded in Ukraine.

(New procedure for changing, revoking and modifying the conditions of divorce in Ukraine)

The review of Ukrainian sentences in Italy. 

Very important is the possibility of appealing to the Italian court in certain cases in order to obtain modifications to the divorce conditions. 

The marriage celebrated in Ukraine by the parents of the minor offspring must be considered valid in Italy even if not transcribed pursuant to the art. 19 of the Presidential Decree of 3 November 200 n. 396 and the same applies to the divorce sentence issued by the court of Ukraine, which, although not transcribed, must be considered valid and automatically recognized in Italy pursuant to art. 61 L. 218/1995, the conditions provided for by this rule of the jurisdictional competence of the judge who issued it, compliance with the principle of cross-examination and defense of the defendant, the passage of res judicata according to the law of the place where it is pronounced exist , of the non-contradiction to another decision pronounced in Italy, of the non-pendency of another proceeding with the same object and the same parties established in our territory and of the non-contradiction to public order.

Having said this, there is the right of those who have an interest between the parties, to obtain the modification of the provision made by the Ukrainian court, with regard to the revision of the contribution to the maintenance of minor children, by the Italian court.

 In fact, pursuant to art. 12 quater L. 898/70 the jurisdictional jurisdiction of the Italian court is established when the appellant resides permanently in Italy.

Furthermore, the Italian judge responsible for modifying the divorce conditions has the power to rule not only on the personal relationships between the spouses but also on the incidental issues connected to them, including those on food matters also with regard to relationships towards children.

Finally, the Italian judge can evaluate, pursuant to articles. 337 quinquies of the Civil Code and 5 and 6 L. 898/70, prerequisites and circumstances already existing at the time of the foreign decision whichhave not been considered under foreign legislation or the subsequent change in circumstances, for the purposes of the requested revision, with consequent application of Italian law to the case in question.

For further information go to the page dedicated to the topic. 

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Divorce in Ukraine during the separation phase in Italy and abroad.

The initiation of divorce in Ukraine pending separation in Italy.

Concurring jurisprudence of the Court of Cassation of Ukraine in favor of the possibility of divorce action in Ukraine during the separation phase in Italy,Sentence n° 61/133 of 2021.

 

Cith the above marginalized decision, reached by this Firm, the Court of Cassation of Ukraine, regarding  what he stated in his speech: "pursuant to Article 29 of the CPC of Ukraine, the jurisdiction of cases(of divorce in Ukraine, ed.)involving citizens of Ukraine if both parties reside abroad, as well as cases of divorce between a citizen of Ukraine a foreigner or a stateless person residing outside Ukraine, is determined by a judge of the Supreme Court in accordance with the procedure established by the Article 33 of this Code, individually.
According to the first part of Article 4 of the CPC of Ukraine, every person has the right, in the manner prescribed by this Code, to apply to the court for protection of his violated, unrecognized or disputed rights, freedoms or legitimate interests.
In Article 6 of the European Convention on Human Rights provides that every person has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, the determination of his rights and obligations of a civil nature.
From the case materials it is clear thatPERSON_1 he is a citizen of the Republic xxxxx andPERSON_2 He is a citizen of Ukraine.
Information on the loss of Ukrainian citizenship is missing from the filePERSON_2. (The possession of Ukrainian citizenship, in the matter of divorce in Ukraine, is decisive for the choice of jurisdiction. NDR). 
The marriage between the parties was registered on xx xx xxxx in Kiev.
The representatives of the parties did not deny that in fact PERSON_1 and PERSON_2 live in Italy.
The last registered place of residence PERSON_2 in Ukraine is located in xxxx district of Kiev.
In such circumstances, the jurisdiction of the case on the appeal for divorce in Ukraine PERSON_1 to PERSON_2 on the divorce should be determined by the xxxxx district court of Kiev, the last registered place of residence of the defendant in Ukraine.
Guided by Article 29 of the CPC of Ukraine.” 
 

Therefore, the answer to the question whether it is possible to follow up on the divorce in Ukraine during the separation phase in Italy is generally affirmative. Obviously, each proceeding has its own prerogatives and each Ukrainian court can have an address in this regard, therefore contrary decisions are always possible, although generally the decisions of the courts of Ukraine are generally regulated as explained below.

The first element to analyze is whether the separation proceedings have not been concluded in Italy or whether a separation sentence has been issued and in what terms. In the first case, it concerns a pending judgment that nothing has yet established in a definitive form for a proceeding that regulates a phase of the marriage and does not extinguish it. Usually the Ukrainian courts on the subject of divorce in the presence of a separation cause in Italy, decide in favor of issuing the divorce decree. In the second case, when there is an Italian sentence, it is necessary to actually evaluate what the court decided. In fact, if the Italian court decides on the same object as the divorce decision in Ukraine, the Ukrainian court, as listed below, can opt for different solutions:

- equally decide on granting divorce in Ukraine,

- or, for the declaration of lis pendens and not continuing the trial by declaring jurisdiction in favor of the Italian court,

- or to rule on mere divorce in Ukraine and not decide on what has been decided in Italy, for example on child custody, economic, movable and real estate rulings,

- or, finally, to instruct the higher court with an appeal for regulation of jurisdiction, to decide whether or not the Ukrainian court can judge the divorce in Ukraine during the post-separation sentence phase in Italy.

These requirements must be evaluated in the context of integrated and comparative law between the legal regimes on family law, marriage and divorce in Italy and Ukraine.

Take a look at the specific page: come in!

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Dissolution of marriage in Ukraine in exceptional cases o impetuous marriages: the refugee issue. 

The dissolution of marriage in Ukraine between a Ukrainian citizen and an Italian or any foreigner is possible with the simplified divorce procedure and without participation of the foreign party in the hearing, before the divorce court in Ukraine. The typical case is a divorce in Ukraine which is undertaken against a married Ukrainian hastily, hastily and with little reflection, as often happens with Ukrainian refugees. These are, precisely, the so-called "impetus marriages".

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Newspaper reporting has accustomed us to news like "The Ukrainian refugee who ran away with the man who welcomed her into the house"  and similar. 

Currently, the presence of around 5 million refugees from Ukraine is estimated in Europe. Most are Ukrainian women. The states most sought after by refugees from Ukraine are Italy and Germany. The reason that the refugees are overwhelmingly Ukrainian women is that for men between the ages of 18 and 60, it is not possible to leave Ukraine during martial law.

This law firm for Ukraine has already had to take an interest in questions and problems of marriages between Italians and Ukrainian refugees in Italy and Europe. Often, the state of necessity and the impetus make an important life choice, such as marriage to a Ukrainian, hasty and, subsequently, the following questions emerge:

how to divorce a Ukrainian woman in Ukraine and without consequences;

how do I dissolve the marriage in Ukraine without having to pay maintenance;

after a short marriage with a Ukrainian I still have to support her;

I am obliged to give hospitality to the relatives of my Ukrainian wife;

how to get my assets back and vacate my house without consequences.

Questions that arise spontaneously, even after a brief cohabitation with the Ukrainian woman, resulting in marriage and after unknown issues, facts and behaviors or irreconcilable differences with their respective mentalities have emerged. 

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The short duration of the marriage relationship with a Ukrainian does not allow the establishment of spiritual and economic communion between the spouses, therefore, generally, it is not possible to ask for maintenance from the non-Ukrainian spouse. In the event that the marriage with a Ukrainian has lasted a limited period without a true material and spiritual communion having been established, and also in cases in which the Ukrainian spouse has concealed important and crucial issues from the non-Ukrainian spouse and/or have emerged behaviors and mentalities incompatible with the modus operanti and culture of the host state, for example Italy, that exceptional hypothesis occurs, in the case of divorce with a Ukrainian,  in which the right to maintenance allowance does not arise.

It is possible to follow up and obtain a divorce in Ukraine (dissolve the marriage in Ukraine), even if celebrated in Italy, if the following conditions are met:

 

existence of a residence in Ukraine of the Ukrainian woman from whom one is to divorce (Ukrainian women usually maintain residency in Ukraine);

maintenance of Ukrainian citizenship by the spouse (there are no cases of spontaneous renunciation of Ukrainian citizenship);  

absence of children of their own between the foreign husband and the Ukrainian wife. The presence of children generated previously or outside of marriage in other relationships does not affect what is being discussed. The offspring must be of the couple divorcing in Ukraine.

In Ukraine, in the absence of children or in cases of short-term marriages, it is possible to dissolve the marriage (get a divorce in Ukraine), without paying maintenance and with a simplified procedure with limited deadlines. Obviously, it will be the firm's responsibility to evaluate each individual case.  

Advice and remedies in case of a so-called impulse marriage with a Ukrainian.

In the event that you have made the mistake of marrying a person in a hasty or rather impetuous manner, there are various remedies that you can follow up on without delay. 

Cases are not rare in which the foreign husband realizes that the marriage was obtained by the Ukrainian through cunning. The classic cases are those in which the Ukrainian woman has pressing needs that can only be overcome through marriage. For example, having to return to your homeland for bureaucratic issues, visa and entry issues or the need to have a family reunion from Ukraine to Europe and the like.

Aside from the reasons that led to rushing the marriage and that require an equally speedy divorce in Ukraine, the first pieces of advice to implement are:

contact a professional, absolutely avoid "do it yourself";

avoid prolonging the marriage. If the marriage lasts too long, even just on paper, it can be a reason for a claim in the divorce with a Ukrainian;

support the spouse's return to Ukraine or not oppose her spontaneous return to Ukraine;

do not draw up private transaction documents between the parties. In the event of a dispute (dissolution of marriage in Ukraine), the document will certainly be adduced as contrary evidence capable of demonstrating the existence of an economic agreement;

do not allow the use of accounts and credit cards.  The use of the spouse's cards and accounts is synonymous with economic communion between the parties;

do not come to Ukraine personally to attempt a conciliation or divorce agreement in Ukraine in the absence of legal protection.

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​If necessary, the Firm has the possibility of assisting, assisting and defending the Client both in the context of separation, divorce and review of sentences, both consensual and judicial, both in Ukraine and in Italy or in the country of origin.

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