Divorce at the Consulate

A consul may register the dissolution of a marriage between citizens of Ukraine provided that at least one of the spouses has obtained documents for travel or permanent residence abroad and has the corresponding exit stamp in their passport. The marriage may be dissolved in the following cases, where the other spouse has been:

• declared missing in accordance with the procedure established by law;
• declared legally incapacitated by a court decision;
• sentenced to imprisonment for a term of at least three years;
• or on the basis of a court decision dissolving the marriage.

Registration of a divorce on the basis of a Ukrainian court decision is carried out by the consul only if the marriage was registered with a civil registry office (RACS) of Ukraine. If the marriage was dissolved by a court in Ukraine but the divorce was not registered with the RACS, the spouses or one of them may apply to a Ukrainian diplomatic mission abroad to register the divorce.

Documents to submit to the consulate

• The original court decision dissolving the marriage, or an extract from it, that has entered into legal force;
• Proof of payment of the state duty;
• The original passport;
• Proof of payment of the consular fee.

Important: if the applicant is exempt from the state duty, the divorce is registered and the certificate issued without requiring the other spouse to pay the duty. A divorce is registered regardless of whether there is a property dispute between the spouses.

The divorce application must be accompanied by the marriage certificate. If it is not available, a duplicate is requested to confirm that the marriage was registered.

Personal attendance of the spouses, or of one of them, is mandatory when a divorce is registered on the basis of a decision issued on the spouses’ joint application. If the absent spouse wishes to resume their pre-marriage surname after the divorce, this must be stated in the application, and the consul enters the corresponding note in the divorce decision.

Conclusion
Divorce at a consulate is possible under certain conditions, in particular when at least one of the spouses has moved abroad for permanent residence. The procedure can be carried out either on the joint application of spouses who have no minor children, or on the application of one of them in the cases provided for by law (legal incapacity, being declared missing, a long prison sentence). To register the divorce you need to submit a number of documents, including the court decision, the marriage certificate and proof of payment of the state duty. The personal attendance of at least one of the spouses is mandatory, while property disputes do not prevent the divorce from being registered.