Do you want to formalize the relationships with your loved one, but he/she is not ukrainian? In this article we will help to understand the legal regulations and the difficulties that may arise when concluding or dissolving a marriage with a foreigner in Ukraine.
CONCLUDING MARRIAGE
- By the law of which State to conclude?
First of all, it is important to determine the legislation applicable to marital relations with foreigners.
According to Art. 56 of the Law of Ukraine "On Private International Law", the form and procedure of marriage concluded on the territory of Ukraine, regardless of citizenship, will be determined by the law of Ukraine (ie the Family Code and the Law "On State Registration of Civil Status").
However, please note: the right to marry is determined by the personal law of each of the persons who filed the application for marriage.
- Will a marriage concluded under the law of a foreign state be recognized in Ukraine?
Thus, Ukraine recognizes marriages of foreigners and stateless persons concluded in accordance with the law of a foreign state. However, if at least one of the spouses is a citizen of Ukraine, Ukraine will recognize such a marriage as valid only if the requirements of the Family Code are also met.
- What documents must be submitted?
Passport (for a citizen of Ukraine) or passport document (for a foreigner)
For a foreigner - a certificate of permanent or temporary residence or other document confirming the legality of the stay of a foreigner or stateless person in Ukraine.
Document confirming the termination of the previous marriage:
court decision on divorce, if the legislation of a foreign state is final,
certificate of divorce
death of the second spouse
other documents confirming the termination of the previous marriage
Please note: All documents written in a foreign language must have a translation, certified and legalized:
diplomatic mission or consular post of Ukraine abroad
embassy / consulate of the state of which the foreigner is a citizen
Ministry of Foreign Affairs,
another relevant body of a foreign state
notary.
- How long will the marriage registration take?
1 month - the period established for the registration of marriage from the date of submission of the application for its registration.
The term may be reduced, or may not exist at all, if there are good reasons, namely:
pregnancy of the bride, birth of a child
imminent threat to the lives of brides
The term may be extended if there is information about the existence of obstacles to the registration of marriage. The delay in registration cannot last longer than 3 months and can be challenged in court.
Postponement may be at the request of the brides themselves, if they are unable to appear before the registration authority and have good reasons to do so.
However, it is important to note that such a period may not be postponed for more than 1 year.
In any case, the non-appearance of the applicants at the Registry Office within 3 months entails the invalidity of the application for marriage.
- Is it possible to marry through a representative?
Yes, you can. But there must be good reasons for not being able to apply for marriage in person. The authority of the representative must be based on a notarized power of attorney.
THE REGULATION OF THE MARITAL RELATIONS
Spouses have the right to choose the law of which country will govern their marital rights and responsibilities.
The best way in this case is to enter into a marriage contract, which determines all the legal consequences of marriage, including the order of property relations.
Usually, to regulate the legal consequences of marriage, a joint personal law of the spouses is chosen.
If this is not the case, the couple can choose according to the following criteria:
personal law of one of the spouses
the law of the State in which the spouses had their last joint residence, provided that at least one of the spouses still resides in that State
the law of the state in which the real estate of the spouses is located
the law of the State with which both spouses have the closest connection otherwise.
Attention! The choice of law for the legal consequences of marriage is made in writing and notarized.
DIVORCE WITH A FOREIGNER
The grounds and methods of termination of marriage with a foreigner are regulated by the law that currently applies to the legal consequences of marriage and which was in force at the time of marriage.
If the couple does not have children, divorce is possible by applying to the registry office with an application. Otherwise - only by court decision.
First of all, if the foreigner is a citizen of one of the countries with which Ukraine has concluded an agreement on legal assistance (namely, with the Republic of Belarus, the Republic of Azerbaijan, the Hashemite Kingdom of Jordan, the Federative Republic of Brazil, the Republic of Uzbekistan, the Republic of Kazakhstan, Kyrgyzstan, Tajikistan) Republic, the Republic of Moldova, Georgia, Turkmenistan, Lithuania, Estonia, Latvia, the Czech Republic, Hungary, Poland, Mongolia, Vietnam, Macedonia, Iran, Bulgaria, Cuba, China), the court uses the provisions of such an agreement in making a decision.
To find out more about marriages with foreigners, you can always contact MIGRATION LAW specialists at InLaw boutique to solve your legal problem.
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