If the marriage was registered with the competent authorities of a foreign country (for example, RENIEC or Registro Civil), the dissolution of such marriage must be carried out through the same authorities where the marriage was registered.
If the marriage was concluded in Ukraine, the Consul has the authority to register the dissolution of the marriage at the Embassy of Ukraine, provided that:
the marriage is dissolved between two citizens of Ukraine;
at least one of the Ukrainian citizens has officially registered permanent residence abroad in accordance with the established Ukrainian procedure.
If at least one of these conditions is not met, the marriage may only be dissolved on the territory of Ukraine.
Provided that both of the above-mentioned conditions are fulfilled, the marriage may be dissolved at the Embassy of Ukraine in the following cases:
if the spouses do not have minor children.
has been legally declared missing;
has been legally declared incapacitated;
has been sentenced for committing a crime to imprisonment for a term of no less than three years.
Registration of the dissolution of marriage on the basis of a Ukrainian court decision is carried out by the Consul only if the marriage was registered with the civil registry authorities of Ukraine.
An application must be submitted to the consular office or diplomatic mission by both spouses or one of them residing abroad if:
the marriage was dissolved by a court in Ukraine;
the dissolution of the marriage was not subsequently registered with the civil registry authorities in Ukraine.
To register the dissolution of marriage on the basis of a court decision, the following documents must be submitted:
the original Ukrainian court decision (or an extract from the decision) on dissolution of marriage that has entered into legal force;
proof of payment of the state duty established by the court;
passport or identity document;
proof of payment of the consular fee.
If one of the spouses is exempt from payment of the state duty, the registration of the dissolution of marriage and issuance of the corresponding certificate shall be carried out regardless of whether the other spouse has paid the state duty.
The marriage is dissolved regardless of the existence of property disputes between the spouses.
The marriage certificate must be attached to the application for dissolution of marriage. If it is unavailable, a duplicate certificate must be obtained.
Registration of the dissolution of marriage by mutual application of the spouses requires the personal presence of both spouses or one of them.
If the spouse who will be absent during the registration of the dissolution of marriage wishes to restore their premarital surname after the divorce, this must be indicated in the application for dissolution of marriage.