Maria came to us as lawyers seeking legal support in this difficult matter. The situation was complicated by the fact that her husband was in Ukraine, while Maria herself and the children were living in Germany under temporary protection status granted under § 24 of the Residence Act (Aufenthaltsgesetz).
Important on divorce
The situation was complicated by the fact that her husband was in Ukraine, while Maria herself and the children were living in Germany under temporary protection status granted under § 24 AufenthG.
Divorce proceedings in an international marriage require a thorough understanding of both German and Ukrainian family law. We explained to Maria that divorce proceedings could be initiated in Germany at her place of residence, even though the marriage itself had been concluded in Ukraine and her husband could not leave the country. This is possible thanks to the application of private international law rules, in particular Articles 21 and 23 of the German Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche — EGBGB).
Preparing the documents and initiating the proceedings
To initiate the divorce proceedings, we first needed to gather all the necessary documents confirming the marriage, Maria's temporary protection status, and Andrei's consent to the divorce. Since Andrei was in Ukraine, we organized the proceedings so that Maria could officially file for divorce in Germany without needing to travel to Ukraine.
Our main argument before the court was the factual absence of any marital relationship, the impossibility of restoring the marriage, and Andrei's unwillingness to continue their life together. Taking into account the international agreements between Ukraine and the EU, as well as the circumstances of wartime, the German court allowed the divorce proceedings to be conducted under German law while applying certain Ukrainian rules.
The proceedings took place in several stages:
Filing the divorce petition — We prepared the documents for the German family court. This petition included all the necessary supporting evidence.
Completing the divorce without the husband's personal presence — Given that Andrei could not leave Ukraine, we secured his participation in the proceedings remotely, which considerably sped up and simplified the process.
Determining custody of the children — Given that the children were living in Germany, custody was awarded entirely to Maria. We also helped her prepare all the documents needed to further secure the children's rights to residence and social support in Germany.
The court's decision and its consequences
The divorce proceedings concluded successfully. The court granted Maria's divorce petition, and her marriage to Andrei was officially dissolved. The divorce was carried out without any lengthy court proceedings, and the matter never reached the main hearing stage (Hauptverfahren). This made it possible to avoid the complications of dividing marital property and other legal aspects typically associated with protracted proceedings.
It is worth noting that the court also ruled that the divorce would be recognized in Ukraine as well, once officially registered, notwithstanding Andrei's presence there. As a result, Maria could confidently continue her life in Germany with the children, without having to worry that her divorce might not be recognized back home.
What comes next?
Maria was able to begin a new chapter in her life. We helped her resolve not only the divorce itself, but also provided legal assistance on matters of social protection, child custody, and the preparation of all the documents needed for her continued residence in Germany.
How can we help you?
As lawyers with many years of experience in family law, we are ready to offer professional legal assistance in such difficult situations. Whether you live in Germany, Ukraine, or another country, we will help you navigate the complex processes of divorce, property division, child custody, and other family-law disputes.
If you find yourself in a similar situation, do not wait — contact us for a consultation, and we will advise you on the best way to proceed in your specific situation.
All rights reserved. Copying or republishing this article requires a link to the original source.
