Procedure for dissolution of marriage if the spouses are abroad

Divorce for couples residing abroad is possible through Ukrainian diplomatic missions or consular establishments. The procedure depends on the presence of minor children and mutual consent of the spouses.

1. Divorce by mutual consent without minor children:

• Contact the consulate or embassy:
• The spouses submit a joint application for divorce.
• The original marriage certificate and passports must be provided.
• Application review:
• After submitting the application, a one-month period is set for possible reconciliation.
• If the spouses do not withdraw their application after this period, the consular institution registers the divorce.

2. Divorce by mutual consent with minor children:

• Court application:
• The spouses submit a joint application to the court at the place of residence of one of them in Ukraine.
• The application should indicate the arrangements for the children’s place of residence, participation in upbringing, and support.
• Court process participation:
• Remote participation via video conference or representation by a lawyer through a power of attorney is possible.

3. Divorce initiated by one spouse:

• Filing a lawsuit:
• One of the spouses files a lawsuit at the defendant's place of residence in Ukraine.
• If the defendant's place of residence is unknown, the lawsuit can be filed at the last known address or at the location of the defendant's property.
• Court process participation:
• The plaintiff can participate remotely or through a representative with a power of attorney.

Important Notes:

• Notarization of documents:
• All documents signed abroad must be notarized, legalized, or apostilled in accordance with international agreements.
• Document translation:
• Foreign-language documents must be translated into Ukrainian and notarized.