Two ways to dissolve a marriage when you're abroad

A Ukrainian who lives in Poland, Italy, Germany, Czechia or Spain usually imagines divorce this way: travel to Ukraine, wait in line at court, spend months waiting for hearings. In fact, the law does not require your personal presence in Ukraine at almost any stage. The question is only which path the case takes: administrative through the civil registry (ДРАЦС) or through court.

The choice of path depends not on where you live, but on two things: whether both spouses agree to divorce and whether there are joint minor children. If both agree and there are no children, the state civil registration authorities handle the divorce. If there is disagreement, one spouse does not respond, disputes it, or there are joint minor children, the court conducts the proceedings, even when the spouses actually do not disagree about anything.

At Dorosh & Partners, a lawyer handles this matter, starting by understanding your situation in plain language: where the marriage was registered, whether there are children, whether the other spouse agrees. From this conversation, the lawyer forms the legal position, prepares the documents and determines which route — the civil registry (ДРАЦС) or court — is right for you. If the case goes to court, an advocate acts on power of attorney in Ukraine, while the lawyer accompanies and controls their work until the judgment is received.

Joint application to the civil registry (ДРАЦС) or consulate of Ukraine

If the spouses have no joint minor children and both agree to divorce, the fastest path is a joint application to the civil registry (ДРАЦС). By law, the marriage is dissolved one month after the application is filed — this period cannot be shortened.

Through the consulate, without travelling to Ukraine

The consular offices of Ukraine perform the functions of the civil registry (ДРАЦС) for citizens outside the country. This means that a joint application for divorce without children can be filed in person at the consulate or embassy of Ukraine in the country of residence — in Warsaw, Rome, Berlin, Prague, Madrid or another consular district, without any travel to Ukraine.

If one spouse lives in Ukraine and the other abroad, the application can be filed separately: the first spouse files it at the local civil registry (ДРАЦС), the second at the consulate in their country of residence, and the parts are combined into one case. This procedure has nuances, so it is worth coordinating it in advance with a lawyer.

What you need to bring

Lawyer's tip. Before visiting the consulate, register in advance and confirm whether your consular district accepts divorce applications — not every office handles the full range of civil registration acts. Registration and queues at consulates, especially in Poland and Germany, can stretch for weeks.

Court proceedings: when you cannot avoid court

Court becomes mandatory in three situations: the spouses have a joint minor child, one spouse does not agree to divorce, or agrees but is physically unable or unwilling to file a joint application to the civil registry (ДРАЦС). In each of these situations, a Ukrainian abroad is still not required to travel to Ukraine — an advocate conducts the proceedings by power of attorney, and the plaintiff participates remotely or does not participate in the hearings in person at all.

Divorce by mutual agreement when there are children

If the spouses have a joint minor child but both agree to divorce, the law simplifies the proceedings: the court does not examine the reasons and does not attempt to reconcile the spouses, but only verifies that the agreement is mutual and approves the child agreement — with whom the child will live, how the parents will communicate and support the child. If the agreement is submitted in advance and is properly drafted, the hearing often passes quickly and formally.

Divorce without the agreement of the other spouse

When one spouse opposes divorce or does not respond at all, the case is examined under the general rules of civil litigation. The court examines the circumstances, may set a period for reconciliation and makes a judgment even in the absence of the respondent, if they have been properly served and failed to appear without good cause.

Which court examines the case

The claim is filed with the court at the place of registration of the respondent in Ukraine, or if such information is not available, at their last known place of residence or the location of their property in Ukraine. When the plaintiff lives abroad and the respondent is in Ukraine, the jurisdiction of the Ukrainian court usually does not raise doubts; more complex cases arise when both spouses have established residence abroad, particularly on family reunification permits like those in Poland, and should be discussed in advance at a consultation with a lawyer.

Power of attorney to an advocate: divorce without your presence

The key tool for a client abroad is a notarized power of attorney for representation in court or before the civil registry (ДРАЦС). You can execute it without leaving Ukraine: with a notary in your country of residence followed by an apostille and translation, or directly at the consulate of Ukraine, where the consul performs notarial functions. The second option is often more convenient because a consular power of attorney does not require an apostille.

With such a power of attorney, an advocate in Ukraine files the claim, represents the client at hearings, submits evidence and receives the court judgment — you do not need to appear in person. When dealing with property matters such as sale of real estate by power of attorney, the same representation principles apply. If the case is not disputed, the court often examines the divorce in simplified proceedings, in writing, based on the available materials, without summoning the parties at all.

How the roles of lawyer and advocate are divided

The client tells the lawyer their situation in plain language — when and where they married, why they are divorcing, whether there are children, where the other spouse is now. The lawyer translates this into legal terms: determines whether an application to the civil registry (ДРАЦС) is enough or a claim is needed, prepares documents and a power of attorney. If the case goes to court, an advocate in Ukraine appears in it, while the lawyer continues to handle the case with the client, directs the advocate and controls deadlines — filing the claim, responses to motions, receipt of the judgment.

Lawyer's tip. The power of attorney should be drafted with a clear list of powers: the right to sign applications, receive court judgments, file appeals if necessary. A power of attorney with vague wording may be rejected by the advocate or the civil registry, and then you will have to execute a new one — which means additional weeks of waiting.

More details about services for Ukrainian citizens abroad can be found on the services for Ukraine page.

How the other spouse is served when abroad or their address is unknown

This question concerns almost every client: if the respondent also lives abroad or does not respond, can you divorce at all? Yes — the law provides separate mechanisms for this.

If the respondent's address abroad is known

The court sends documents abroad through the established international service channels — as a rule, through the central authorities of the respective state, translated into the language of the receiving country. This procedure works, but is slower than service within Ukraine: the document passes through several instances, and the response does not return to the court immediately.

If the respondent's address is unknown

When there is no information about the respondent's place of residence and ordinary search methods — by registration data, by last known address — have not yielded results, the court summons the respondent by publication on the official web portal of the Ukrainian judicial authority. After the established period following publication, they are considered properly served, and the case proceeds, even if they do not appear.

This is not a formality "for the record" — the publication is placed according to strictly defined rules, and if the procedure is violated, the court judgment can later be appealed precisely on the ground of improper service of the party. That is why such a motion should be prepared by a lawyer who knows how to justify the absence of other service methods.

Marriage certificates, marriage abroad and recognition of decisions in the EU

If the marriage certificate is lost

A lost certificate is not an obstacle: the record of marriage is kept in the registry, and instead of the original you can obtain a duplicate certificate or an extract from the State Registry of Civil Status Acts. The request is submitted through a representative in Ukraine by power of attorney or, for citizens abroad, directly through the consular office with access to the registry. The main thing is to know approximately where and when the marriage was registered.

If the marriage is registered abroad

If you married already abroad — in Poland, Italy or another country — and this marriage has not yet been entered in the Ukrainian registry, before divorcing you must first register the marriage itself: submit the foreign certificate with an apostille and translation to the consulate of Ukraine or the civil registry (ДРАЦС) to make an entry in the registry. Without this step, Ukrainian authorities do not see the marriage that needs to be dissolved. If the record already exists, the further procedure is no different from a marriage registered in Ukraine from the start. Such consular matters are often handled in parallel with other cases for Ukrainians abroad — the full list of services is on the business services for Ukraine page.

Recognition of a Ukrainian divorce decision in EU countries

Ukraine is not a member of the European Union, so automatic recognition of decisions between courts of EU member states does not apply to Ukrainian decisions. A decision of a Ukrainian court or a record from the civil registry (ДРАЦС) about divorce is not automatically recognized in another country — a separate procedure is required, and the rules differ from country to country.

In some countries with which Ukraine has bilateral treaties on legal assistance, recognition occurs in a simplified manner, especially when it concerns an administrative record from the civil registry (ДРАЦС) rather than a court judgment. In other countries like Italy, the local authority may require a separate procedure for recognition of a foreign court decision before, for example, allowing a remarriage or affecting family reunification arrangements. Therefore, the specific rules should be clarified with the local civil registry office, court or the consulate of Ukraine — depending on why the recognition is needed.

Children separately: residence, child support, communication, travel abroad

Even when the divorce itself is handled quickly and smoothly, matters concerning children require separate, more careful work — and it is they that most often cause the case to move from the civil registry (ДРАЦС) to court.

The child's place of residence

The parents can agree on who the child will live with and formalize this with a notarized agreement. If there is no agreement, the court decides the matter based on the interests of the child: their age, attachment to each parent, living conditions, and ability to provide for their upbringing. Questions regarding division of marital property are often resolved in parallel. The fact that one parent lives abroad is not in itself a decisive argument — the court evaluates the specific circumstances.

Child support

The maintenance of the child can be determined by agreement between the parents or recovered through court. The fact that the child support payer lives abroad does not exempt them from the obligation to support the child: a decision of a Ukrainian court can be enforced abroad through international mechanisms for recognition and enforcement of child support decisions, to which Ukraine has acceded.

Visitation and communication with the child

If one parent lives separately, in particular abroad, the terms of communication — how often, in what manner, and whether to include personal meetings during visits — should be fixed in writing, by agreement or court decision. This removes some future conflict and gives both parents clear rules, rather than oral agreements that are easily forgotten or interpreted differently.

Permission for the child to travel abroad

As a general rule, travel of a minor abroad requires the consent of both parents, including the parent with whom the child does not live. If that parent refuses to give consent without good reason or their whereabouts are unknown, the other parent can go to court with a request to allow travel without that consent — the court's decision replaces it. Such a claim should be prepared in advance, not on the eve of the trip — the proceedings require time, so it is better to have a consultation with a lawyer in advance.

Lawyer's tip. If you plan to take the child with you abroad for permanent residence, not just for a visit, agree on this issue separately and in writing before you file for divorce. The court assesses the issue of permanent residence of a child abroad more strictly than an ordinary trip for vacation, and without a prepared position the risk of refusal increases significantly.

State duty and who pays it

Divorce through the civil registry (ДРАЦС) involves payment of state duty for registration of a civil status act — a small fixed payment made by the party filing the application according to the details of the registration authority or consulate.

In court proceedings, the plaintiff pays the court fee when filing the claim — without a receipt the court will not accept it for consideration. If the claim is granted, the plaintiff can demand reimbursement of costs from the respondent, and the court usually places them on the party who lost the dispute.

The advocate's fee for representation in court and the lawyer's services for conducting and controlling the case are a separate item of expense, not included in the duty or court fee. This should be clarified in advance, before work begins.

Frequently asked questions

Can I divorce completely remotely, without travelling anywhere?

No, the power of attorney must be executed in person — with a notary abroad or at the consulate of Ukraine. After that, all further actions are performed by the representative or advocate, and you do not need to travel to Ukraine.

What do I do if I do not know where the other spouse lives now?

A lawyer helps establish the last known information about the place of residence or registration, and if there are no results — prepares a motion for service by publication on the official web portal of the Ukrainian judicial authority. This is a legal way to proceed with the case even without contact with the other party.

How long does divorce through the civil registry usually take, and how long through the courts?

Through the civil registry (ДРАЦС) the law sets a minimum period of one month from filing the application to registration. Court proceedings can last considerably longer, especially if service of documents abroad or service by publication is required — the exact period depends on the circumstances of the case.

Do I need to translate the decision of a Ukrainian court for use abroad?

As a rule, yes: to present to foreign authorities, the decision requires translation into the language of the respective country, and often a separate recognition procedure as well, depending on the country and the purpose — change of marital status, remarriage or other objectives.

Can I appeal a divorce decision if I learn about the case after the fact?

If the service of the party — service by publication or service abroad — was conducted in violation of procedure, the decision can be appealed precisely on that ground. Therefore, it is worth checking with a lawyer whether the case was conducted according to all procedural rules.

Divorce in Ukraine when you live abroad is rarely more complicated than divorce in your country of residence — it just requires more careful planning: the right path chosen, the power of attorney executed on time, and a team that sees the entire case from the first document to the judgment. That is why the lawyer and advocate at Dorosh & Partners work as one team — so that the court decision or civil registry record appears without any trip to Ukraine on your part.

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