Divorce with the foreigner« Back
Dissolution of marriage with a foreigner is sometimes quite difficult process, because it is necessary to know certain legal aspects and features of the legislation of the foreigner`s country. In some countries litigation is a prerequisite for divorce, while in others the divorce process can last for several years and in such countries as Ireland, Argentina and Colombia divorce is prohibitive at all.
The law of which country should be governed during the divorce
The legislation of Ukraine, in particular Art. 63 of the Law of Ukraine «On International Private Law» provides that the termination of marriage and the legal consequences of the termination are determined by the law, which is valid at this time concerning legal consequences of marriage. According to Art. 60 of the Law, the legal consequences of marriage are determined by the common personal law of marriage, and in case of his absence - law of the State where the marriage had the last joint residence, on condition that at least one spouse still has a residence in this state, in the absence of such a law, with which both spouses have the closest connection otherwise.
The couple, which has no common personal law, may choose the law that will apply to the legal consequences of marriage, if the couple has a common residence or if the personal law of any of them does not match the common law of the State of their residence. The choice of the right is limited only by the right of personal law of one of the spouses. The agreement on choice of law shall be terminated if the personal law of marriage is common. Personal law of the person - is the right of state whose citizen it is. If the individual is a citizen of two or more States, its personal law is considered the right of the State to which the person is most closely connected, in particular, has a residence or main activity is engaged (Art. 16 of the Law of Ukraine «On International Private Law»).
Ways of divorce
Family Code of Ukraine provides the divorce by the civil registration body initiated by the application of the couple who has no children and the divorce by court decision on joint application of the couple that has children, or divorce by court order at the request of one of the spouses.
According to Art. 106 Code of Ukraine, the couple which has no children, may submit to the civil registration body an application for divorce. If one of the spouses because of the reasonable excuse cannot personally apply for the divorce to the civil registration, such application which is notarized or equivalent to it, on its behalf may submitted by another spouse. The civil registration body makes corresponding record for divorce after the expiry of one month from the date of such application, if it was not withdrawn. Marriage is terminated regardless the availability of the property dispute between the spouses.
The legislation also provides the possibility of the divorce by the civil registration body upon application of one spouse if the other spouse:
1) declared missing;
2) declared incompetent (art. 107 FC).
Divorce at the presence of common children
The couple that has common children, has the right to apply to the court for divorce together with a written agreement about who of them will live with children and how the other parent, who will live separately will take part in ensuring their lives and about conditions of operating his right to personal parenting.
The agreement between the spouses on the amount of child support must be notarized. In case of default of the contract maintenance may be recovered based on the notary inscription. Court holds the decision to divorce, if it is determined that the application for divorce represent a valid will of wife and husband and after the divorce their personal and property rights and the rights of their children will not be affected. Court holds the decision to the divorce after the expiry of one month from the date of application. By the end of this period the wife and the husband have the right to withdraw an application for divorce (art. 109 FC).
There are situations where one spouse does not want to break the marriage, while another needs it. The law stipulates such case, in particular Article 110 Code of Ukraine, which allows you to sue for divorce by one spouse.
Regarding the divorce abroad, everything depends on the local laws where the process of divorce will last. To find out more information and to receive legal assistance you can contact «APC» experienced lawyers who will provide you with a full awareness of all problems and will acquaint you with the features of the case.
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