How to Divorce a Foreign Spouse in Ukraine: Registry Office, Court and Divorce Without Presence

Getting a divorce in Ukraine when your spouse is a foreigner is possible: as with a Ukrainian couple, the marriage can be dissolved through a court or the state civil registry office, which registers civil status records (commonly called the registry office).

The fact that one of you is a foreigner does not prevent a divorce. However, divorce in Ukraine for foreigners differs from a standard divorce in three ways: which court hears the claim, how the foreigner is notified, and which documents you need to gather.

Our article on how to get divorced while abroad explains the general process: when to use the registry office, when to go to court, and what to do if you are currently abroad. Here, we focus on how to divorce a foreigner and what changes when your spouse is a foreigner: which country's law applies, which court to approach, how to get divorced without your spouse's presence or consent, and what to do with the judgment afterward.

How to Divorce a Foreign Spouse: The Short Answer

Three factors determine your route: whether you have children together, whether the other spouse agrees, and where the foreigner is now. If you have no children and both agree, you can use the registry office, and you do not both have to attend in person. In all other situations, you must go to court, where the foreigner's consent or presence is not required.

How to File for Divorce from a Foreigner in Ukraine: Step by Step

Both routes are outlined below. The following sections explain each step in detail.

Through the Registry Office

1. Make sure you have no minor children together and that the other spouse agrees to the divorce.

2. Submit a joint application to the registry office. If one of you cannot attend, their application must be certified by a notary or a Ukrainian consulate and submitted by the other spouse.

3. Have the foreigner's documents translated into Ukrainian. Documents issued abroad must also be apostilled or legalized unless an international treaty provides an exemption.

4. Wait one month. If the application has not been withdrawn during that time, the registry office registers the divorce and issues a certificate.

Through a Court

1. Identify the court: this depends on where the foreigner lives and whether you know their address.

2. Prepare a statement of claim, explain why that particular court has jurisdiction, and pay the court fee.

3. Prepare the documents: have foreign documents translated into Ukrainian and apostilled or legalized if necessary.

4. The court notifies the foreigner by sending a summons to their Ukrainian address, issuing a letter of request for service abroad, or publishing a notice on the judiciary's website if their address is unknown.

5. The court hears the case with or without the foreigner, provided they have been properly notified.

6. If no appeal is filed within thirty days after the judgment is pronounced, it becomes final, and the court forwards it to the registry office itself.

Divorce from a Foreigner: Which Law Applies and Can Ukraine Hear the Case?

Because one of you is a foreigner, the case has what is known as a foreign element. The first step is therefore to determine which country's law governs the divorce. The Law of Ukraine “On Private International Law” provides the answer.

Under Article 63 of this law, both the dissolution of the marriage and its consequences are governed by the law applicable to the legal effects of the marriage. Article 60 identifies that law. Its options are considered in sequence:

1. if both spouses are citizens of the same country, that country's law applies as the spouses' common personal law;

2. if their citizenship differs, the law of the country where they last lived together applies, provided one of them still lives there;

3. if neither option applies, the law with which both spouses have the closest connection governs.

For a divorce between a Ukrainian citizen and a foreigner, the first option usually does not apply: the spouses do not share citizenship, so the second option determines the applicable law.

If you lived together in Ukraine and one of you is still here, Ukrainian law applies, specifically the Family Code of Ukraine. If you last lived together in another country and one of you has remained there, a Ukrainian court may hear the case, but it must dissolve the marriage under that country's law. This complicates and prolongs the proceedings: instead of applying the familiar Family Code of Ukraine, the court must apply foreign legislation and first establish its content and how it is interpreted in that country.

The law allows spouses with different citizenships to choose the applicable law themselves, but the choice is limited: they may choose only the law of a country of which one spouse is a citizen, and only if they do not live together in the same country or live together in a country of which neither is a citizen.

You must agree on this in writing (or make the choice clearly apparent from a marriage contract). An agreement concluded in Ukraine must be notarized.

If Ukraine has a legal assistance treaty with the foreigner's country, its provisions take precedence over the rules described above: the treaty prevails over the law.

Divorce from a Foreigner Through the Registry Office

Under Article 106 of the Family Code of Ukraine, spouses without children may divorce through the registry office even if they have a property dispute: Part 3 of that article expressly states that such a dispute does not prevent a divorce.

When Ukrainian law governs the divorce, it makes no difference to the registry office whether your spouse is a Ukrainian citizen or a foreigner: the Family Code of Ukraine makes no distinction between them in this situation.

If you last lived together abroad and one of you has remained there, that country's law applies. The law does not expressly state whether the registry office will accept a joint application in that situation, so check with the registry office beforehand or go to court.

If one of you cannot attend. If a valid reason prevents a spouse from attending in person, their application must be certified by a notary or a Ukrainian consulate and submitted by the other spouse (Article 106 of the Family Code of Ukraine). This applies to both spouses: a Ukrainian citizen living abroad may also use this option without traveling to Ukraine.

The law does not list valid reasons. Living in another country is generally considered one, but it is best to ask the registry office beforehand whether documentary proof is required. An application certified by a foreign notary must be apostilled or legalized and translated into Ukrainian.

How long you must wait. One month from the date the application is submitted. If it is not withdrawn during that month, the registry office registers the divorce, and the marriage ends on the date of registration.

Will the certificate be recognized in the foreigner's home country? That depends on the law of that country. Some countries allow only courts to dissolve marriages and may not recognize a certificate issued by an administrative authority. If the foreigner will need the document at home, check this before approaching the registry office: even if both spouses agree, going to court may be the better choice.

Online divorce through Diia is unavailable. Couples in which one spouse is a foreigner cannot use Diia's online divorce service: it is available only to couples in which both spouses are Ukrainian citizens.

Divorce from a Foreigner Through a Court: Jurisdiction and Which Court Hears the Case

Jurisdiction is the most common question. It is also where filing a claim with the wrong court can most easily cost you months. Jurisdiction in divorce cases involving a foreigner depends on where the foreigner lives and whether you know their address:

These rules come from Articles 27–29 of the Civil Procedure Code of Ukraine (CPC). Summons by public notice is governed by Article 128, Part 11.

A Few Explanations of the Table

The foreigner has never had a registered address, property, or a job here. In that case, none of the courts connected to the defendant is an option, and you file at your own address, even if you have no children.

The basis is Article 28, Part 2 of the CPC: you may also file at your own address if a valid reason prevents you from traveling to the defendant's place of residence. The fact that the defendant lives abroad or their address is unknown constitutes such a reason, but you must explain it in the claim.

Both spouses are outside Ukraine. If both the husband and wife live outside Ukraine, a single Supreme Court judge determines which court will hear the case involving a Ukrainian citizen and a foreigner. This is a separate rule under Article 29 of the CPC. The Supreme Court does not dissolve the marriage itself; it only determines where the claim should be filed.

Will a Ukrainian court hear the case at all? Article 76 of the Law of Ukraine “On Private International Law” lists the grounds for doing so. These include the defendant living or having property here, or the event giving rise to the claim having occurred in Ukraine.

What if you married and lived abroad, the foreigner stayed there, and you returned? Yes, a Ukrainian court may hear the case in that situation too.

The list in Article 76 ends with “in other cases provided for by law,” and the CPC expressly provides for divorce in Ukraine between a Ukrainian citizen and a foreigner, both when the plaintiff lives here (Article 28, Part 2) and even when both spouses live abroad (Article 29).

So if you are a Ukrainian citizen and have returned, you file at your own address.

The exception is when proceedings are already underway abroad. If a foreign court is already hearing the same couple's divorce case, involving the same parties, the same subject matter, and the same grounds, Article 75 of the Law of Ukraine “On Private International Law” requires the Ukrainian court to refuse to open proceedings or, if proceedings have already been opened, to leave the claim without consideration.

The statement of claim. In addition to the standard contents required in any statement of claim filed with a court, two points matter in a divorce claim involving a foreigner: the foreigner's name must appear exactly as it does in the translation of their passport and in the marriage certificate, and you must explain why that particular court has jurisdiction.

Not having a passport copy is no obstacle. Use the foreigner's name as it appears in the marriage certificate (or its translation if the certificate is foreign), and include everything you know about them: date of birth, citizenship, and last known address.

Divorce from a Foreigner Without Their Presence

How can you divorce a foreigner without their presence? The defendant does not have to attend: the court may hear the case without them, provided they have been properly notified. If they have been notified but fail to appear without a valid reason and have not submitted a response to the claim, the court may, with the plaintiff's consent, issue a default judgment based on the evidence in the case (Article 280 of the CPC).

Therefore, the hearing itself is not the difficulty: properly notifying the foreigner is what matters. The notification method depends on their address:

• if they have a Ukrainian address, a summons is sent there;

• if their foreign address is known, documents are served through a letter of request;

• if their address is unknown, they are summoned by a notice on the judiciary's website: at least ten days must pass between publication and the hearing, and the defendant is deemed notified from the publication date.

A defendant against whom a default judgment has been issued has thirty days from its pronouncement to ask the court to review it.

The quickest route is for the foreigner to cooperate by submitting a written statement acknowledging the claim and asking the court to hear the case in their absence. The law also allows participation by video link. We explained how this works in our article on how to get divorced while abroad. A foreigner who does not understand Ukrainian may need an interpreter.

Consider this situation: the spouse left and disappeared. The marriage was registered in Kyiv, and the couple has no children together. Three years ago, the foreign husband left Ukraine. He has not been in contact since, and his wife does not know his current address.

The registry office cannot help her: it requires either a joint application or the husband's application certified by a notary or consulate, and no court has declared him missing. Her remaining option is the court for her husband's last registered address in Ukraine.

The defendant is summoned by a notice on the judiciary's website. He does not appear, the plaintiff has no objection, and a default judgment is issued. Another thirty days pass, and the judgment becomes final. “I don't know where he is” is a situation the law provides for, rather than a dead end.

Divorce from a Foreigner Who Does Not Consent

You can divorce a foreigner without their consent: a court does not require the other spouse's agreement, and a claim by one spouse is enough. The marriage will be dissolved if the court finds that continuing it would be contrary to the interests of either spouse or their children.

This rule applies when Ukrainian law governs the divorce (Articles 110 and 112 of the Family Code of Ukraine). If another country's law applies, that law determines the grounds.

In practical terms, the foreigner's objection means that:

• the registry office is no longer an option, even if you have no children;

• the foreigner must still be notified, and if they are in another country, this is what takes time;

• the court will consider objections they submit from abroad and may give the couple time to reconcile;

• if they also begin divorce proceedings in their home country, it will be necessary to determine which case takes precedence.

If the foreigner remains silent or refuses to accept documents, that will not preserve the marriage: once they have been properly notified, the court may issue a judgment without them.

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Unknown Addresses and Service Abroad: How a Letter of Request Works

Serving documents is what makes a divorce involving a foreigner abroad take longer than a standard divorce.

The foreign address is known. The court cannot simply mail a summons as it would within Ukraine. It prepares a letter of request asking the competent authority in the defendant's country to serve the documents.

An international treaty determines how the request is transmitted. Most often, it is sent under the 1965 Hague Service Convention (Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters). If there is no treaty, the Ministry of Justice receives the request and forwards it to the Ministry of Foreign Affairs for transmission through diplomatic channels (Article 498 of the CPC).

Foreign official documents submitted to the court, such as a marriage certificate issued abroad, are authenticated with an apostille under the 1961 Hague Apostille Convention if both countries are parties to it.

The request is prepared in Ukrainian and accompanied by a certified translation into the official language of the destination country.

The foreigner's whereabouts are unknown. As noted above, they are then summoned by a notice on the judiciary's website. However, you must prove to the court that the address is genuinely unknown: provide the last known place of residence, an official response confirming that the foreigner has no registered address in Ukraine, and your own explanations.

How long service takes. The law sets no deadline for a foreign country to execute a request: the timing depends on the country and the transmission channel.

If the country does not respond. Until the request has been executed, the court cannot consider the foreigner notified and does not decide the case. If the request is returned unexecuted because the foreigner could not be found at the address, this is evidence that their address is unknown. They can then be summoned by a notice on the judiciary's website (Article 128, Part 11 of the CPC).

The court decides how to proceed if no response arrives at all on a case-by-case basis. That is why providing an accurate address and a high-quality translation from the outset is essential.

Another situation: the address is known, but the spouse does not consent. The marriage is the same as in the first example, but this time the husband's address abroad is known, and he does not want a divorce. A website notice cannot replace service: if the address is known, the documents must be served there.

The claim and its attachments are translated into the language of his country, and the court sends a letter of request. Until the request is executed or returned, the defendant is not considered notified. This is the stage at which the case is delayed the longest, and an error in the address or translation means starting over.

Documents for Divorce from a Foreigner

You need only a few documents of your own: your passport, tax identification number, proof of marriage, and, if you have children, their birth certificates.

The foreigner's documents and information about them require more attention:

Article 13 of the Law of Ukraine “On Private International Law” provides the general rule: a document issued by a foreign authority is recognized here once legalized, unless a law or international treaty provides otherwise. Our article on apostille or consular legalization explains when an apostille is sufficient and when legalization is required.

Court proceedings are conducted in the state language, so a court will not consider a foreign document without a translation. A certified translation for the court or registry office generally means a notarized translation: the notary certifies the translator's signature.

Divorce When the Marriage Was Registered Abroad

A marriage registered abroad can also be dissolved here. A marriage between a Ukrainian citizen and a foreigner entered into in another country under its law is valid in Ukraine, provided there are no grounds under the Family Code of Ukraine for invalidating the marriage with respect to the Ukrainian citizen (Article 58 of the Law of Ukraine “On Private International Law”).

You do not need to re-register the marriage here before divorcing. You will need the foreign marriage certificate, legalized or apostilled, and its translation.

Divorce from a Foreigner When You Have a Child

Having a child together affects two aspects of a divorce involving a foreigner.

Where to apply. If you have minor children together, the registry office is not an option; you must go to court.

If both spouses agree, they submit a joint application to the court together with a written agreement specifying which parent the children will live with and how the parent living separately will participate in their lives. The court issues its judgment after one month has elapsed (Article 109 of the Family Code of Ukraine). If the foreigner lives outside Ukraine, their documents for this process must also be certified and translated.

Which court. If you support children, you may file at your place of residence, wherever the foreigner is.

We discuss child support from a payer living abroad and enforcement of such a judgment in another country in a separate article. Property division upon divorce is also a separate topic.

After the Judgment: Documents and Recognition Abroad

What document you receive. A court divorce does not result in a certificate: the judgment itself confirms the divorce once it becomes final (Article 115, Part 3 of the Family Code of Ukraine). The court forwards it to the registry office, which adds a notation to the marriage record. Certificates are issued only for divorces registered by the registry office.

When you are divorced. An appeal may be filed within thirty days after the judgment is pronounced. If no appeal is filed within that period, the judgment becomes final (Articles 273 and 354 of the CPC), and the marriage ends on that same day.

For the judgment to be accepted in another country, it must be translated and apostilled or legalized as that country requires. Its law determines whether a separate recognition procedure is also necessary. If you need the judgment to marry abroad, see our case study on how to confirm a divorce for marriage abroad.

Divorced abroad? Ukraine recognizes a foreign judgment if an international treaty provides for recognition or on the basis of reciprocity. For a foreign judgment to have effect in Ukraine, for example for remarriage or a notation in the marriage record, you must apply to a court for recognition, providing a translation and a document confirming that the judgment has become final. A translation alone does not replace recognition.

The Foreigner's Residence Permit After Divorce

If a foreigner obtained a temporary residence permit through marriage, divorce removes that basis, and they will need another legal basis to stay here. Our articles explain what to do with the residence permit: whether you need to change your residence permit after divorce and how to change the basis for a residence permit. Our service page explains how we help you obtain a temporary residence permit.

Divorce from a Foreigner During the War

Martial law has not changed the divorce rules: the grounds, the choice between the registry office and court, and jurisdiction remain the same. Other aspects have changed.

The court. Courts in combat zones and occupied territories are not operating, and their cases have been transferred to other courts. If the jurisdiction rules direct your claim to one of these courts, find out which court has taken over its cases and file there.

The Supreme Court publishes a list of these courts and the courts that have taken over their cases on its website under “Orders Determining Territorial Jurisdiction.” This section includes a consolidated table and a list of courts that have resumed operations.

Participating from abroad. Neither you nor the foreigner needs to travel: you may join a hearing by video link from your own phone or computer if the court has the technical capability (Article 212 of the CPC). You need an electronic signature or another form of electronic identification.

Serving documents abroad. A letter of request follows the same route as before the war: under an international treaty or through the Ministry of Justice and the Ministry of Foreign Affairs. If communication or cooperation with the foreigner's country is currently unavailable, the request may not arrive or may not be returned for years. We explained how to handle this above, in the section on service abroad.

How Much Does Divorce from a Foreigner Cost, and How Long Does It Take?

Timing. The main factor is how quickly the foreigner can be notified:

What the cost includes. The cost of divorcing a foreigner includes:

• the court fee. For a divorce claim, this is 0.4 times the subsistence minimum for able-bodied persons set as of January 1 of the year you file; electronic filing costs 20% less (Article 4 of the Law of Ukraine “On Court Fees”). In 2026, this is UAH 1,331.20, or UAH 1,064.96 for electronic filing;

• translations of the foreigner's documents and, if they live outside Ukraine, the claim and court documents into the language of their country;

• apostilles or consular legalization for foreign documents, as the country requires;

• service of documents in another country;

• legal work: the less you know about the foreigner and the farther away they live, the more work is required.

What makes this more expensive than a standard divorce is everything surrounding the judgment: translations, legalization, and service.

Legal Help with Divorcing a Foreigner: When to Seek It and How We Handle the Case

If both spouses agree and have no children, the registry office is the quickest route. It is more complicated when court proceedings are needed and the foreigner is abroad, objects, or has disappeared: you must choose the court, establish jurisdiction, translate and legalize documents, and properly notify the foreigner. An error at any stage can cost months: a claim filed with the wrong court or a letter of request containing an inaccurate address means starting over.

If you entrust us with your divorce from a foreigner, we:

• determine which country's law governs the divorce and whether the registry office is an option;

• choose the court and establish jurisdiction, and, if both of you live outside Ukraine, prepare an application asking the Supreme Court to determine which court should hear the case;

• draw up a list of the foreigner's documents and arrange translation and legalization;

• prepare the claim, and a licensed attorney handles the court proceedings, so you generally do not need to travel;

• assist with notifying the foreigner through a letter of request or summons by public notice;

• obtain the judgment once it becomes final, with the appropriate endorsement, and prepare it for acceptance by authorities in another country.

This comprehensive support is often described as a turnkey divorce from a foreigner. It is part of our legal services for nonresidents. If you also need to resolve other family matters alongside the divorce, our family law consultations can help.

Divorcing a foreigner who is abroad, objects, or has disappeared? Submit a request through our website or call us. We will identify the court and the law governing your divorce and handle the case through to judgment.