Even during martial law, it is possible to marry a citizen of Ukraine and a foreigner. Martial law may affect procedural features regarding the terms of marriage, the procedure for the registration of civil status acts, the list of documents for marriage, as well as the features of marriage with foreigners serving in the Armed Forces of Ukraine.
General requirements for registering a marriage with a foreigner
Marriage age requirements. According to the legislation of Ukraine, 18 years (in some cases it may be 16 years).
Voluntariness of marriage. Marriage must be entered into voluntarily without coercion. The purpose of marriage is to create a family and acquire the status of husband and wife. The conclusion of fictitious marriages is not allowed.
Confirmation of legality of stay in the territory of Ukraine. Only foreigners who are legally in the territory of the country have the right to register a marriage. Confirmation of legality of stay may be a permanent or temporary residence permit, visa, military contract, etc. Verification of legality of stay may be carried out by sending a request to the State Migration Service by the civil registration authority.
Confirmation of absence of marriage. If one of the spouses was previously married, it is necessary to provide confirmation of the dissolution of such marriage. For foreigners, such confirmation may be a certificate of divorce, a court decision on divorce, a certificate of death of the other spouse in a previous marriage, or another document provided for by the legislation of another country.
Proper certification of documents. All foreign documents submitted to the civil registry office must be properly legalized (apostille and notarized translation into Ukrainian).
Voluntariness of marriage. Marriage must be entered into voluntarily without coercion. The purpose of marriage is to create a family and acquire the status of husband and wife. The conclusion of fictitious marriages is not allowed.
Confirmation of legality of stay in the territory of Ukraine. Only foreigners who are legally in the territory of the country have the right to register a marriage. Confirmation of legality of stay may be a permanent or temporary residence permit, visa, military contract, etc. Verification of legality of stay may be carried out by sending a request to the State Migration Service by the civil registration authority.
Confirmation of absence of marriage. If one of the spouses was previously married, it is necessary to provide confirmation of the dissolution of such marriage. For foreigners, such confirmation may be a certificate of divorce, a court decision on divorce, a certificate of death of the other spouse in a previous marriage, or another document provided for by the legislation of another country.
Proper certification of documents. All foreign documents submitted to the civil registry office must be properly legalized (apostille and notarized translation into Ukrainian).
Marriage registration procedure
- Application submission: In person at the Civil Registry Office (or online via Diia for military personnel). Documents and notarized translations of foreign documents are attached to the application. For foreigners, the legality of stay in the country is checked and a request is made to the State Medical Service.
- Ceremony: Performed with the physical presence of the spouses at the Civil Registry Office or at their place of residence (for "Marriage for a Day"). During wartime, remote participation is possible (video via Diia).
- Obtaining a certificate: On the day of registration. Entered into the State Register of Civil Status Acts.
Deadline:
Standard: 1 month after submitting the application.
During wartime: On the day of application (for military personnel, persons at risk, under the "Marriage for a Day" program) or within several days.
Format:
Solemn ceremony: At the DRACS or at a selected location (for "Marriage for a Day").
Informal: Signing documents in the presence of a DRACS employee.
Remote: Via video link (Diya or Zoom) for military personnel or persons who cannot be present. The serviceman submits a report to the commander to confirm participation.
Standard: 1 month after submitting the application.
During wartime: On the day of application (for military personnel, persons at risk, under the "Marriage for a Day" program) or within several days.
Format:
Solemn ceremony: At the DRACS or at a selected location (for "Marriage for a Day").
Informal: Signing documents in the presence of a DRACS employee.
Remote: Via video link (Diya or Zoom) for military personnel or persons who cannot be present. The serviceman submits a report to the commander to confirm participation.
What problems can arise?
Registering a marriage with a foreigner during martial law may be accompanied by certain difficulties. Usually, problems are associated with the lack of all necessary documents, suspicions of a fictitious marriage, or the lack of documents confirming the legality of the foreigner's stay in Ukraine.
Here are the main problems that arise:
1. Lack of a complete package of documents for a foreigner. Absence of a divorce certificate, court decision on divorce or other document confirming the marital status of a person and the absence of a registered marriage.
2. Lack of documents for residence in Ukraine. If a foreigner does not have documents confirming the legality of residence in Ukraine, it is not possible to register a marriage. There are cases when such documents (visa or residence permit) are expired. In such a situation, it is also not possible to register a marriage.
3. Lack of legalized documents required for marriage registration. If there is no apostille or notarized translation into Ukrainian of foreign documents, this may be a reason for refusing to register a marriage.
4. Suspicion of a fictitious marriage. Marriage can be a basis for obtaining a residence permit in Ukraine and citizenship, so the civil registry offices can check the good faith of the marriage and the purpose of creating a family. Also, marriage to a disabled wife gives men liable for military service the right to deferment, exemption from military service and the right to cross the border. Therefore, an additional check may also be carried out for the presence of signs of a fictitious marriage.
1. Lack of a complete package of documents for a foreigner. Absence of a divorce certificate, court decision on divorce or other document confirming the marital status of a person and the absence of a registered marriage.
2. Lack of documents for residence in Ukraine. If a foreigner does not have documents confirming the legality of residence in Ukraine, it is not possible to register a marriage. There are cases when such documents (visa or residence permit) are expired. In such a situation, it is also not possible to register a marriage.
3. Lack of legalized documents required for marriage registration. If there is no apostille or notarized translation into Ukrainian of foreign documents, this may be a reason for refusing to register a marriage.
4. Suspicion of a fictitious marriage. Marriage can be a basis for obtaining a residence permit in Ukraine and citizenship, so the civil registry offices can check the good faith of the marriage and the purpose of creating a family. Also, marriage to a disabled wife gives men liable for military service the right to deferment, exemption from military service and the right to cross the border. Therefore, an additional check may also be carried out for the presence of signs of a fictitious marriage.
How can a migration lawyer help?
Migration lawyer of the INSEININ Law Firm can provide both advisory assistance and full support for the procedure of marriage with a foreigner in Ukraine.
1. Advisory assistance of a migration lawyer. The specialist can analyze your case and documents, point out the shortcomings that need to be eliminated and the documents that need to be obtained.
2. Preparation of documents. The migration lawyer can help in the procedure of collecting documents, ensure their legalization and the territory of Ukraine.
3. Support for the marriage registration procedure. The specialist can represent your interests during the entire marriage registration procedure, interact with state bodies and the Civil Registry Office.
1. Advisory assistance of a migration lawyer. The specialist can analyze your case and documents, point out the shortcomings that need to be eliminated and the documents that need to be obtained.
2. Preparation of documents. The migration lawyer can help in the procedure of collecting documents, ensure their legalization and the territory of Ukraine.
3. Support for the marriage registration procedure. The specialist can represent your interests during the entire marriage registration procedure, interact with state bodies and the Civil Registry Office.
INSEININ Law Firm has a team of qualified lawyers with extensive experience in the field of migration law. Our lawyers provide a comprehensive approach to solving clients' problems and provide them with the necessary support at every stage of the case.
For consultation, please contact +380 97 507 06 53 or +380 93 228 01 24.
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