14/08/2020
Dear BKB Attorneys at Law readers !
Regarding foreign marriages recognition in Ukraine
The current legislation of Ukraine in force on the date of this Memorandum provides for automatic recognition of marriages between citizens of Ukraine and foreigners, concluded abroad and without registration in consular offices of Ukraine abroad based on the following:
• The Constitution of Ukraine in paragraph 6 of Article 92 stipulates that marriage issues are determined exclusively by the laws of Ukraine;
• The basic act in the field of family relations in Ukraine is the Family Code of Ukraine, which, in particular in Article 27 provides for the state registration of marriage and contains the grounds for its invalidity in Article 38;
• A special norm regarding the recognition of marriages concluded with foreign citizens, including abroad, set out in Section IX of the Law of Ukraine “On Private International Law” (Conflict norms of family law). In particular, paragraph 1 of Article 55 stipulates that the right to marry is determined by the personal law of each of the persons who have applied for marriage. In the case of marriage in Ukraine, the requirements of the Family Code of Ukraine regarding the grounds for invalidity of marriage shall be applied;
• At the same time, in accordance with the provisions of paragraphs 1 and 2 of Article 58 of the above Law “On Private International Law” a marriage between citizens of Ukraine, a marriage between a citizen of Ukraine and a foreigner, a marriage between a citizen of Ukraine and a stateless person concluded outside Ukraine in accordance with the law of a foreign state is valid in Ukraine provided that the requirements of the Family Code of Ukraine regarding the grounds for invalidity of the marriage are observed in respect of the citizen of Ukraine. Marriage between foreigners, marriage between a foreigner and a stateless person, marriage between stateless persons concluded in accordance with the law of a foreign state are valid in Ukraine;
• In this case, in accordance with the content of paragraph 1 of Article 57 of the Law “On Private International Law” a marriage between citizens of Ukraine, if at least one of them lives outside Ukraine, may be concluded in a consular office or diplomatic mission of Ukraine under Ukrainian law, but no duty is set for this.
It should be noted that in accordance with the provisions of paragraph 7 of part 1 of Article 2 of the Order of the Ministry of Justice of Ukraine No. 52/5 dated October 18, 2000 “On approval of the Rules of state registration of civil status in Ukraine” documents issued by the competent authorities of foreign states to certify acts of civil status committed outside Ukraine under the laws of the respective states regarding citizens of Ukraine, foreigners and stateless persons are recognized valid in Ukraine in the presence of legalization, unless otherwise provided by international treaties of Ukraine, the binding consent of which is given by the Verkhovna Rada of Ukraine.
Thus, in accordance with the current legislation of Ukraine, a marriage entered into by a citizen of Ukraine and a foreign citizen abroad is subject to unconditional recognition without the need to undergo any additional procedures in Ukraine except when the invalidity of such a marriage may directly follow from the Family Code of Ukraine (polygamy, etc.).
