Here is my question: I am a citizen of Tunis and I am married to a Ukrainian citizen. The marriage was registered in the territory of Ukraine (Donetsk) and legalized in Tunis. The spouses have a minor son (4 years old). The wife took the child and left Tunis. She lives with her parents in the territory of Russia. She doesn’t keep in touch with her son’s father. She is not going to come back and doesn’t intend to divorce or claim alimony payments. The husband wants to divorce. How can it be done? Is it possible to divorce without going to Ukraine? Maybe it shall be done through Ukrainian Embassy in Tunis? What is required for that? Please help! I need professional advise.
In this situation the marriage can be dissolved only judicially. We should know official place of residence of the wife in order to identify the right jurisdiction: in case she lives in the Russian Federation the marriage shall be dissolved by a court at her place of residence in the territory of the Russian Federation; in case she permanently resides in Ukraine the marriage can be terminated by a Ukrainian court.
Thus required documents shall be prepared depending on the country where this divorce case will be examined. All required documents shall be prepared with Consulate’s assistance as Tunis is not a member of the Hague Convention of 1961.
Marriage certificate. This document is required in original for the purpose of marriage dissolution. In case it is not available the first thing you shall do is retrieve it.
The second issue is child’s birth certificate. Where was the child born? Is there a legalized copy of child’s birth certificate? In case such copy is not available you shall obtain the certificate legalize it and obtain a notarized copy thereof.
Husband’s presence: his personal presence in court is not required.
Recovery of alimony payments: only child’s mother can address a court with a requirement to recover alimony payments. In case he wants to solve this matter independently he can offer his wife to conclude an alimony agreement. He can also conclude a contract establishing a procedure for exercise of parental rights in case he is interested in upbringing of the child. In case the wife refuses to conclude such agreements all the mentioned matters can be solved judicially.
All required actions (in a court and a notarial office) can be performed by a representative on the basis of properly formalized power of authority. I will personally prepare a text of the power of authority for you if we conduct your case. We will provide for an authority to obtain and legalize a divorce certificate upon termination of the case.
In case you have any unanswered questions you can ask them. In case everything is clear we are ready to handle your matter.
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Russian attorney at law Karina Duvall.
