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Marriages with foreigners

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Marriages with foreigners 26.01.2016 14:29

Lately, by force of some intrinsic reasons, the problem of marriage consummation by the citizens of Ukraine with foreigners became more topical. Still, in this issue there are lots of nuances that are necessary to take into account to avoid problems in the future.

It is important to know what documents are needed to be collected, where to go and what procedures are needed to be passed for getting married with the Ukrainian in a foreign country. Therewith, you should not forget about the necessity of taking care about your property against the possibility of fraud. You should also take into consideration nuances of effecting a marriage in Ukraine and abroad. But it is much more than that you need to know.

Particularly, it is worth mentioning that you may stumble across fraud when marring with a foreigner. The reality is such that lots of Ukrainians consider marriage with a foreigner as a chance to receive citizenship. It goes without saying, that there exist sham marriages under the terms of which you may see the spouse only twice – during the consummation and the dissolution of marriage. However, first of all, consummation of such marriage will cost lots of money, and secondly, there is a punishment prescribed for sham marriages. Therefore, those who wish to simplify the process of  receipt of citizenship of the foreign country, they find the alternative whereby the marriage is sham solely for the person who wants to receive citizenship. Therewith, in such a case, the foreigner runs a risk to lose a part of its property after the divorce. Legal support of the marriage consummation could be solvation of this problem. Thus, expertly made marriage contract, shall protect from lots of problems which may arise in the future, especially in the event that for one of the parties marriage is just a way to be admitted to citizenship and to get property. Nevertheless, the marriage contract should not be neglected even if the couple is sure of intentions of each other.

As for the procedure of marriage consummation, it is necessary to know exactly what documents are needed. At the same time it will differ for a citizen of the country in which marriage is registered and for the foreigner and will differ for different countries. Therewith, for the spouse, who is getting married in the foreign country, it is necessary to legalize and apostil documents. There are also some nuances that determine the validity of marriage in the country other than the country where it was consummated. So, if the marriage is not effected in Ukraine, it should be legalized.

There are also lots of problems that may arise during dissolution of marriage. Frequently, the situation may be complicated by the fact of different citizenship of one of the spouses, a child and different country of residence. First of all, issues can be differently regulated by the laws of the countries of the married couple. Such state of facts may lead to litigation, protracted ambiguity in determining status of the couple, children and property. In such cases it is necessary to take preventive measures in consultation with a lawyer and find out the problems that may occur in the future and ways of their solving or better yet preventing them. Separation of property, custody of children, payment of alimony are the main issues that arise in the process of dissolution of marriage. This being said, in the event that the spouses, children and property are in different countries, each of these issues may be regulated by the law of different countries. In such a way, for speeding up divorce proceedings and for protecting rights of the spouse, participation of the qualified lawyer in the proceedings is essential.

Thus, each of the stages of consummation and dissolution of marriage of the citizens of Ukraine with foreigners needs thorough preparation. It is required to collect all necessary documents, some of them should be apostilled and legalized. It is also important to learn all hypothetical problems which may arise in the process of marriage consummation and dissolution and joint residence of the married couple. It is important to draw up and sign marriage contract that would prevent all negative consequences in the future as much as possible. It follows from this that the marriage of the Ukrainian citizen with a foreigner needs an essential legal advice, insomuch as consequences of ignorance of some legal nuances of such proceeding may generate serious problems in the future.

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