Divorce Through Diia, Civil Registry or Court: How to End a Marriage While Abroad

You have been living abroad for some time, and the decision to divorce has finally been made. The first thought that comes to mind is: "Do I really have to travel to Ukraine just for this?"

The good news is that, in most cases, you do not need to return. The procedure that applies to you depends not on the country where you currently live, but on two straightforward questions: do you have minor children together, and do both spouses agree to the divorce?

Depending on the family circumstances, applicants may use an electronic service, complete the procedure through a civil registry office (DRATS), or authorize a lawyer to handle the court proceedings. If the court wants to hear directly from either spouse, participation can be arranged by video conference.

If you have no children together and neither spouse objects, as of September 3, 2026, you can divorce without even leaving home, directly through the Diia app. If you have a minor child together, or one spouse does not agree—or simply remains silent and does not respond—you will need to go to court.

Issues involving children and financial support do not always have to be included in the divorce case itself. Parents may separately agree on the child’s place of residence, contact with the child, and child support. If they cannot reach an agreement, the relevant claims may be decided by the court.

In this article, we explain how to determine which procedure applies to your situation and what exactly you need to do to get divorced without returning to Ukraine.

Worth reading: How to Divide Property in a Divorce: Division of Real Estate or Privatized Property

Which Divorce Option Is Available If You Are Abroad?

The appropriate procedure can be selected after answering two questions: whether the spouses have minor children together and whether both parties agree to end the marriage.

The available options are:

• if there are no minor children together and neither spouse objects, the documents can be processed through a civil registry office (DRATS) or the electronic service in Diia;
• if the spouses have children together and both agree to divorce, they may jointly apply to the court;
• if there is no mutual agreement, one spouse may initiate the process by filing a claim.

Which Option Is Right for You?

When a Civil Registry Office Is Appropriate

Spouses who do not have minor children together may terminate their marriage without going to court. They submit an application, after which the law provides a one-month period for the final decision. If the applicants do not withdraw their intention, the civil registry office records the divorce.

A notarized application on your behalf may be submitted only by the other spouse.

A special rule applies where a court decision declaring the other spouse legally incapacitated or missing has entered into force. In that case, one spouse may apply alone. The existence of a minor child does not prevent use of this rule.

Electronic Divorce Through Diia (Available Since September 3, 2026)

As of September 3, 2026, divorce can be completed directly through the Diia app.

IMPORTANT! This procedure is available only to spouses who are both Ukrainian citizens, mutually agree to divorce, and do not have minor children together.

In addition, to use the service:

• each applicant must have a verified Ukrainian taxpayer registration number (RNOKPP);
• both spouses must be able to sign documents using Diia.Signature;
• each user must have a biometric international passport or ID card displayed in the app;
• the marriage record must be available in the relevant state register.

One spouse first completes the electronic form. The other receives a request, reviews the information, and applies an electronic signature. The applicants then join a video call with a civil registry office employee at the scheduled time. The result of the registration action later appears in the app.

One practical point: the certificate is delivered by Ukrposhta only to an address in Ukraine, so it cannot be mailed abroad. If the document will later be used outside Ukraine, you should decide in advance who will receive it—for example, a close relative or lawyer—and how it will be forwarded to you.

Court Procedure

Court proceedings are required in all cases where the spouses have a minor child together. Even if there is no dispute. Court proceedings are also required if the other spouse does not agree to the divorce.

If both spouses agree, they may apply jointly. Their filing must include a written agreement identifying which parent the child will live with and how the parent living separately will participate in the child’s support and upbringing.

If there is a conflict between the spouses, however, the court may proceed based on an application from only one spouse. A spouse’s refusal to respond to messages, sign documents, or voluntarily complete the divorce does not mean that they can preserve the marriage against the will of the other spouse.

Who Decides Which Parent the Child Will Live With After Divorce?

The divorce itself does not automatically determine which parent the child will live with or what role the parent living separately will have afterward. This is a separate issue that may be resolved amicably by agreement between the parents or, if no agreement can be reached, with the involvement of the guardianship authority or through court proceedings.

The law applies different rules depending on the child’s age. Until the child turns 10, the parents decide jointly. From age 10 until age 14, the child’s place of residence is determined by agreement of both parents and the child. After age 14, the situation changes substantially: if the parents live separately, the child has the right to choose which parent to live with.

A separate complication arises if the child actually lives abroad. Before applying to a Ukrainian court, it is essential to determine whether that court has jurisdiction over the dispute at all, because in international family cases the child’s habitual residence often plays the decisive role rather than the parents’ citizenship or the place where the marriage was registered.

Worth reading: Monetary Compensation for One Spouse’s Share of Property in a Divorce

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How to Resolve Child Support Issues

Parents’ obligation to support their child does not depend on whether they are married or on the country where they live. Child support may therefore be addressed together with the divorce or separately.

If the parent responsible for child support has moved abroad and seems to have "disappeared off the radar," this does not mean enforcement is impossible. Ukraine is a party to the Hague Convention, which provides a practical mechanism for enforcing a decision abroad.

If the parents agree, they may enter into a notarized agreement and determine the amount and payment schedule for child support themselves. If the agreement is not performed, child support may be recovered on the basis of a notarial writ of execution.

If there is no agreement, child support is ordered by the court. It may be set as a share of income or as a fixed amount. The statutory guaranteed minimum child support for one child is 50% of the subsistence minimum for a child of the relevant age.

In certain cases, child support may be recovered through order proceedings without a full lawsuit. For example, the law allows claims for 1/4 of income for one child, 1/3 for two children, and 1/2 for three or more children, subject to the statutory limits (Article 161 of the Civil Procedure Code of Ukraine).

If the parent responsible for child support lives and earns income abroad, you also need to determine how a Ukrainian decision will be enforced in that country. The procedure depends on the country where the payer lives and the international treaties in force between the states. Ukraine is, among other things, a party to the 2007 Hague Convention on the International Recovery of Child Support.

If you are the parent who has moved abroad and are concerned that the court may impose an unaffordable amount, child support is not set arbitrarily. The court considers not only the payer’s documented income, but also the child’s needs, the payer’s property and property rights, expenses, health, other dependents, and other material circumstances. You have the right to prove your actual income and expenses.

Do You Need to Return to Ukraine in Person?

A lawyer can handle most procedural steps:

• prepare the required filings;
• submit materials to the court;
• monitor the progress of the case;
• participate in the hearing and obtain a copy of the decision.

If the court does not need the client’s personal explanations, the lawyer may also file a request on the client’s behalf for the hearing to proceed without the party’s personal attendance.

Another available option is remote participation. Article 212 of the Civil Procedure Code of Ukraine allows a participant to join a hearing from outside the courthouse. This option is available if the court has the necessary technical capability and has not ordered the person to appear in person. The final format of participation, however, depends on the court’s position and the circumstances of the specific case.

How this may work in practice: a hearing is scheduled for Tuesday at 11:00 a.m. Kyiv time. The wife lives in Spain, and the time difference and her work schedule make travel to Ukraine impractical. One week before the hearing, her lawyer files a motion requesting participation by video conference. On the hearing date, she joins from her laptop at home and takes part in the proceedings on the same basis as those who appear in the courtroom in person.

This option should be planned in advance because the formal motion must be filed at least five days before the hearing. It is provided to all participants in the case so they know how the hearing will be conducted.

What Documents Need to Be Prepared Abroad to Resolve Family Matters in Ukraine?

At the beginning of the engagement, it is usually enough to send the lawyer electronic copies of the main documents:

• passport and Ukrainian taxpayer registration number (RNOKPP);
• marriage document;
• child’s birth certificate;
• documents confirming the child’s place of residence;
• where relevant, documents on income, expenses for the child, education and medical treatment, and other evidence related to the dispute.

A notarized power of attorney for the lawyer is not required in every court case.

If a particular action requires a notarized power of attorney, it may be executed abroad at a Ukrainian consular office or before a local notary. Ukrainian consular offices are authorized, among other things, to notarize powers of attorney and agreements.

Important! Depending on the country, a document executed before a foreign notary may require an apostille or consular legalization and a Ukrainian translation. Before arranging the document, it is therefore advisable to confirm the requirements that apply to the specific country and document.

Our team provides all of this information when developing your legal strategy and guides you through the entire process with maximum convenience.

How We Help Resolve Divorce, Child, and Child Support Issues Remotely

A long-distance divorce is already stressful and may be complicated by a language barrier, time-zone differences, and concerns about missing deadlines or preparing documents incorrectly. We take over the part that is difficult to handle properly from another country: communication with the court, preparation of documents under Ukrainian requirements, and monitoring the case while you continue your life abroad. In your case, we:

• provide written and oral consultations with detailed explanations;
• determine whether the marriage can be terminated through a civil registry office or Diia, or whether court proceedings are required;
• determine which court should receive the application or claim;
• prepare the court claim;
• explain which documents need to be executed abroad and how they must be authenticated.

If you are abroad and want to end your marriage, determine your child’s place of residence, or recover child support in Ukraine, contact us.

We will prepare the documents and arrange remote legal support for the case with minimal participation required from you.

Learn more about our divorce lawyer services here.