How to file a divorce from a foreign citizen?
Both the conclusion and the dissolution of marriage between Belarusian citizens and foreigners are carried out in accordance with the marriage and family legislation of the Republic of Belarus in the general manner. However, there are some peculiarities in the legal regulation of divorce from a foreign citizen.
So, in order to divorce a foreigner, you must submit a joint application to the registry office, provided that there is no dispute between the spouses, common minor children, and the foreigner lives in the territory of the Belarusian state.
If there are children or property in a marriage with a foreigner, or if the foreigner refuses to consent to a divorce, the termination of the marriage is carried out in court.
Divorce procedure in court
If there is a dispute between the spouses during divorce, then one of the spouses submits a statement of claim to the court. As a rule, a divorce case is considered under the laws of Belarus, but alimony cases are subject to consideration at the place of residence of the defendant.
When accepting the statement of claim, the court shall schedule a hearing. Both spouses are summoned to the court session. The court takes all measures to preserve the family and protect the interests of children and gives the spouses a period of reconciliation within 3 months. This period can be extended up to 6 months.
If, after the expiry of the period for reconciliation, the court finds it impossible to preserve the marriage, then it makes a decision to terminate the marriage relationship.
Jurisdiction in a claim for divorce
As a general rule, it is necessary to initiate divorce proceedings with a foreigner by filing an application for divorce at the place of residence of the defendant. That is, if a foreigner permanently resides in a foreign state, it is necessary to send an application there with the attachment of documents.
In some cases, it is allowed to submit an application at the place of residence of the plaintiff. These are situations when minor children remain with the plaintiff, or when, due to illness or poor health, the plaintiff cannot submit an application at the place of residence of the foreigner.
Divorce statement
An application for divorce with a foreign citizen is submitted to the court and must contain the following information:
– information about common minor children;
– the reasons for the divorce, indicating the reasons for the impossibility of further life together;
– other necessary information.
Attached to the statement of claim:
– the plaintiff’s passport;
– marriage certificate;
– birth certificates of children;
– documents for property;
– certificates of income from the place of work;
– conclusions of the guardianship and trusteeship body;
– receipt of payment of state duty, etc.
Recognition of documents on divorce
Divorce documents received in Belarus (divorce certificate, court decision on divorce) are recognized as having legal force on the territory of foreign countries, provided they are legalized by affixing an apostille or consular legalization.
If the registration of divorce or divorce through the courts took place abroad, then, as a rule, the divorce will have legal force in Belarus, subject to the legalization of documents. It is also necessary to translate a divorce certificate or a court decision on divorce into Belarusian or Russian.
The authenticity of the signature of a translator known to the notary must be certified by the notary. To do this, you must come to a notary office or a notary office with a passport and pay a notary fee in the amount of 17 rubles 40 kopecks per document.
Recovery of alimony for a child
On June 20, 1956, the Convention on the Recovery of Alimony Abroad was adopted. On September 27, 1996, the Republic of Belarus joined the Convention.
The Convention provides that the state, according to the legislation of which the issues of the recovery of alimony on children are considered, is the state of the respondent.
If the former spouse lives on the territory of a foreign state, the citizen / citizen of Belarus should apply to the Ministry of Justice with an application for the recovery of alimony, which will subsequently be sent to the country where the defendant lives.
Determination of the child’s place of residence
The issue of determining the child’s place of residence in the event of divorce with a foreign citizen, if the child’s mother and father live in different countries, is especially difficult and “painful”. If no agreement is reached between the spouses, such disputes are subject to consideration in court.
It is assumed that the court, when considering cases on the place of residence of a child with one of the parents, takes into account all circumstances, including the personality of the parents, the level of income, participation in the upbringing of the child, and the child’s attachment to the parent. Priority is given to the parent who lives in the child’s country of citizenship.
Hague Convention on Child Abduction
On October 25, 1980, the Convention on the Civil Aspects of Child Abduction was adopted in The Hague. On September 1, 1998, the Republic of Belarus also joined the Convention.
The Hague Convention on the Abduction of Children aims to protect the rights of children and return them to their country of permanent residence, in the event of their illegal retention on the territory of a foreign state. The Convention defines that in each state-party to the Convention there is a Central Authority that accepts applications for the return of children to their homeland. In Belarus, this body is the Ministry of Justice.
Division of property after divorce
As a general rule, property acquired during marriage with a foreign citizen, after the termination of the marriage, is divided equally between the former spouses. The legislation of the country where the spouses had permanent residence will apply.
Real estate will be subject to division according to the laws of the state where it is located.
Divorce Debt Division
In order to avoid disputes about debts with an ex-husband (wife) who is a foreigner, it is necessary to correctly draw up the receipt of funds in debt. It is better not to limit yourself only to drawing up a receipt, but to conclude an agreement.
As a rule, the court decides on the division of debts, based on the proof of the fact that the money borrowed by one of the spouses was intended for the purposes of the family. For example, a spouse borrowed money to renovate an apartment or buy a car for the family. In this case, both spouses will pay the debt after the divorce.
Our Lawyers have extensive experience in representing the interests of our clients on issues of divorce with a foreign citizen, as well as foreign citizens with citizens of the Republic of Belarus. Our divorce lawyers are ready to provide you with the following legal assistance in divorce matters:
– oral and written consultations on issues of divorce with a foreign citizen;
– oral and written consultations on issues of divorce between a foreign citizen and a citizen of Belarus;
– representation and protection of interests in courts on issues of divorce.
Our lawyers have been dealing with issues of divorce with foreigners in the Republic of Belarus for more than 10 (ten) years. If you have questions related to divorce, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
