The Civil Procedural Code of Ukraine 2004 [hereinafter – CPCU 2004] has a special chapter containing the procedure for cases with the participation of foreign nationals. Moreover, the Law of Ukraine ‘On International Private Law’ 2005 [hereinafter – Law 2005] also provides a similar legal regulation.

If one of the spouses is not a Ukrainian national, the case is deemed to have the so-called foreign element (if one of the parties is a foreign national, stateless person, or Ukrainian national living abroad).

The provisions of Article 76 of the Law 2005 provide the legal basis for establishing Ukrainian jurisdiction by the courts. As such, the Ukrainian courts can consider the cases with a foreign element if:

• the parties explicitly stated the jurisdiction of the Ukrainian courts in the agreement.
• the respondent has his or her place of residence, immovable or movable property in the territory of Ukraine.
• the action or event that became the legal basis for the claim happened in Ukraine (for instance, a marriage contract concluded, or the marriage was registered in Ukraine).

It should be stressed that Ukraine announces its exclusive jurisdiction in all cases, including property division proceedings, where the real estate that became subject to the dispute is located on Ukraine’s territory.

Law 2005 provides the spouses with the opportunity to choose a law that will regulate the property effects of their marriage. In particular, the spouses may choose lex personalis of either spouse or the law of the state in which one of them has a habitual place of residence, or, in respect of immovable property, the law of the state in which this property is located.

In the absence of a choice of law by the spouses, the property effects of marriage shall be determined by the law applicable to the legal effects of marriage. In its turn legal effects of marriage are determined by the common personal law of the spouses and in its absence – by the law of the state in which the spouses had their last place of residence, provided that at least one of the spouses still has a place of residence in this state, and in the absence of such – by the law with which both spouses have the closest relationship in another way.

Spouses who do not have a common personal law may choose a law that will apply to the legal effects of marriage if the spouses do not have a common place of residence or if lex personalis of either of them is distinct from the law of the state of their common place of residence.

Finally, lex personalis is the law of the state of which an individual is a citizen. If an individual is a citizen of two or more states, his or her lex personalis shall be the law of the state with which an individual has the closest relationship, in particular, has a place of residence or the centre of main interest.

Termination of marriage and legal effects of termination of marriage are determined by the law that is currently in force in respect of legal effects of marriage.

The CPCU 2004 specifically provides a separate procedure for establishing jurisdiction in cases between Ukrainian citizens residing abroad, including divorce cases between Ukrainian citizens and a foreigner or stateless person residing abroad.

Under article 29 of the CPCU 2004, the judge of the Supreme Court of Ukraine establishes jurisdiction in such cases. A separate petition to the Supreme Court requesting to establish the jurisdiction of the Ukrainian courts, including a specific local court that should consider such a divorce claim, must be filed.

First, the Ukrainian courts usually check the jurisdiction by the territorial principle. As a general rule, the claims are filed at the place of registration of the respondent to the court in Ukraine, which is responsible for the separate administrative territory, where the place of residence of the respondent is officially registered.

When the claim is filed with the court and the presiding judge is determined, as the first priority, the judge files a request to the local administrative authorities to receive a confirmation regarding the respondent’s address of registration. Among other, the proceeding in the case can be opened only when the place of registration of the respondent’s residence address in Ukraine is confirmed.

Secondly, the court also checks if the filed claim contains a foreign element, as mentioned and explained in the answer to Question 1 above.

In Ukraine it is not common to stay the divorce proceedings in favour of proceedings in another country.

However, CPCU 2004 allows dismissing such proceedings in Ukraine if the proceedings in another country were initiated earlier and the respective evidence can be provided. Procedurally, the Ukrainian court would leave such a divorce case without consideration, providing that another court, including foreign ones, is considering the same case between the same parties on the same grounds.

Effectively, it means that the Ukrainian court should establish the following main criteria to leave the claim without consideration:

• Is the foreign divorce case between the same parties?
• Is the foreign divorce case based on the same legal grounds?
• Is the foreign divorce case initiated earlier than the same case in Ukraine?

It is important to note that Ukrainian courts distinguish between the separation of the spouses and the dissolution of the marriage. Therefore, the subject of both cases should be the same and relate specifically to the divorce or dissolution of the marriage between the spouses.

In such a situation, paying additional attention to certifying foreign documents is necessary. If there is an agreement on legal assistance between the two countries, then there is most likely no need for additional certification. However, if such an agreement is absent, one needs either to apostille or legalise the respective foreign document so the court in Ukraine may consider it and decide whether to dismiss the divorce case.

Family law issues regarding the application of foreign laws by the Ukrainian court are governed by the Law 2005.

This law generally stipulates that citizenship determines an individual’s personal law. In cases where a person holds multiple citizenships, their personal law is ascertained based on the closest connection to a particular country, such as their primary residence. At the same time, the legal implications of marriage are dictated by the joint personal law of the spouses, which also can be established based on their last joint place of residence.

The court can clarify the details of substantive foreign law by sending a request to the Ministry of Justice of Ukraine or directly contacting a foreign court or judicial authority under international treaties, such as the HCCH Convention on the service abroad of judicial and extrajudicial documents in civil and commercial matters 1965.

The law allows spouses with different personal laws to select the applicable law mutually. If a court determines that foreign law is to be applied, or if the spouses agree on its application, the court will do this based on the official doctrine and interpretations.

Ukrainian courts can make civil and/or family rulings involving foreign citizens based on foreign laws. Nevertheless, in practice, these national courts often resort to applying Ukrainian legislation only.

In Ukraine, alleging a fault to have a divorce is unnecessary.

Two official authorities in Ukraine can divorce the spouses.

If the spouses do not have underaged children (below 18) or the children reach adulthood, the marriage registered in Ukraine can be dissolved by the civil status acts authority. The procedure requires filing a divorce petition signed by both spouses to the authority, which will dissolve a marriage in one month. In such cases, the divorce certificate is issued to the former spouses.

If the spouses have underage children and both are willing to have a divorce, they need to conclude an agreement on custody, visitation and child support and file it along with the joint petition to the court. The usual duration of such a procedure is 3-5 months, depending on the judge’s workload.

The court decides on the dissolution of the marriage if it is established that such joint petition corresponds to the actual will of the wife and husband and that their personal and property rights, as well as the rights of their children, will not be violated after the dissolution of the marriage.

The divorce decision becomes valid after the expiration of the 30-day period from the date of its announcement.

If one of the spouses is unwilling to divorce, the other spouse can file a divorce claim against him or her. This can be done even if spouses have minor children (excluding cases when the child is younger than one year).

The court can decide to consider the divorce cases without the physical presence of the spouses.

The court establishes the actual relationship between the spouses and the true reasons for the divorce claim, taking into consideration the existence of a minor child, a child with a disability and other circumstances of the spouses’ lives.

The court decides to dissolve the marriage if it is established that further preservation of the marriage would be contrary to the significant interests of at least one of the spouses and their children.

If the marriage was dissolved by the court, the divorce certificate is not issued to the parties. In such cases, the court’s decision confirms the divorce.

The general rules for serving the divorce petition and summon on the respondent are contained in the CPCU 2004.

The service is usually done by the regular state post office (‘Ukrposhta’). The respondent should be served with a copy of the ruling on the opening of the divorce proceeding, a copy of the divorce petition, and a summon mentioning the time, date, and place of the consideration of the divorce case. The court documents are duly served if the addressee receives them from the post office or postman against written acknowledgement, which will then be sent back to the court.

If the court decides to consider a divorce case without the physical presence of the spouses when opening it, then the summon is not served upon the parties; nevertheless, a petition along with the ruling should be served.

If the phone number and/or email of the parties mentioned in the divorce petition is available, the court may summon the party by SMS or Viber or send all respective documentation by email. However, such service may be challenged in the courts of higher instances if the party did not explicitly agree to it before the court’s act.

The parties whose registered place of residence or place of stay, location or place of work in Ukraine is unknown may be summoned by the court by placing an announcement on the official website of the respective court.

If the party resides abroad, the court documents should be served using an international treaty, such as the HCCH Convention on the service abroad of judicial and extrajudicial documents in civil and commercial matters 1965.

The joint application for a divorce is available for the spouses who have underage children. Please see the answer to Question 4 above.

Foreign marriages are generally valid in Ukraine when the respective marriage certificate is apostilled or legalised through the consular procedure in the Embassy of Ukraine abroad. The respective provisions of the mutual recognition of the marriage documents can also be mentioned in the legal assistance agreements between Ukraine and a foreign country.

Any foreign document should be translated into Ukrainian and certified by the local notary. The translation can be attached to the original or notarial copy.

It should be noted that Ukraine recognises only marriages which were registered via the official state civil procedure. As such, Ukraine does not recognise any customary or religious marriages, as well as foreign civil partnerships / civil unions, as they are not yet subject to official legal regulation and are not mentioned in the Family or Civil Code of Ukraine.

Therefore, only marriages registered at a state civil registration office are considered valid by the state. While religious ceremonies can be a personal or spiritual matter, they do not create legal rights or obligations for married couples under Ukrainian law.

As of now, the Ukrainian jurisdiction has yet to recognise same sex marriages officially. Such marriages are impossible in Ukraine, and foreign ones are not recognised accordingly. The same goes for same sex unions.

The court has the authority:

• to award the other spouse a lump sum as compensation instead of their share in the joint common property, including a house, apartment and land. However, the court may exercise this power only with the consent of the other spouse.
• to recognise that some or all assets of personal private property are joint common property or that some or all assets of joint common property are personal private property if the appropriate circumstances are proven.

The value of the spousal property is determined by agreement between them or based on its actual value at the time of the court proceeding.

Under the general rule, when the spouses’ joint property is divided, the wife’s and husband’s shares in the assets are equal unless otherwise specified in an agreement.

The court can deviate from the principle of equality of shares if one party fails to consider the family’s financial well-being, conceals, destroys, or damages joint property, or spends property in a manner contrary to the family’s interests.

A spouse’s share may be increased if children or disabled adult children live with him/her.

The maintenance orders are not common in Ukraine. Nevertheless, under the FCU 2002, divorce does not release spouses from maintenance obligations that originated during marriage.

Pension orders are not a common practice in Ukraine. Current family law does not allow for the pension to be divided between spouses.

The matrimonial property relations of the spouses are governed mainly by the provisions of the FCU 2002, which provides that the property acquired by the spouses during the marriage belongs to the wife and husband on the right of joint common property, even though one of them did not have independent earnings (income) for a valid reason (study, housekeeping, childcare, illness, etc.). It is considered that every item acquired during the marriage, except for things for individual use, is the object of the right of joint common property of the spouses.

The provisions mentioned above indicate a presumption of joint common ownership of the property acquired by the spouses during the marriage.

Such a presumption effectively means the existence of a certain fact that does not require proof but may be denied and refuted in court. In other words, until refuted, it is considered to exist by default.

The courts establish such belonging based on three main criteria: the time of acquisition, the source of acquisition, and the general purpose of acquisition.

Therefore, if a certain property object was acquired during a marriage using joint funds or labour for the purpose, for example, of meeting family needs, then such a property object falls under the definition of the joint common property of the spouses unless otherwise provided by the agreement between the spouses.

The presumption applies to the entire set of assets acquired by the spouses during their marriage, and for the Ukrainian court, it does not matter who is listed or registered as the titled owner of the property, unless one of the spouses successfully refutes the presumption.

During the proceedings, the court may issue injunction relief orders, or in other words, take special measures to secure a claim. Such measures can restrict the party from certain actions, such as leasing the disputed property (for example, a disputed apartment or house), or the court can temporarily arrest the property if there is a reasonable risk of its alienation.

The court typically considers the issue of legal costs when rendering a final decision in a case.

The procedural rules also provide that the court could decide on the legal costs if the winning party filed a petition within five days of the decision’s pronouncement. The party should file evidence confirming the payment of legal costs and their actual amount. The opposite party can file respective objections against the recovery of legal costs.

The demand for maintenance can be included along with the marriage dissolution claim or in a separate proceeding.

After the divorce, a person may receive maintenance:

1. if he or she becomes disabled before or within one year from the divorce date and requires financial support, while the other spouse can afford to provide such.
2. if he or she becomes disabled after one year from the date of divorce, provided that such disability was the result of the unlawful behaviour of the other spouse during the marriage.
3. after reaching this retirement age, if he or she has no more than five years left before reaching the statutory retirement age at the time of divorce, and if they have been married for at least ten years.

The FCU 2002 stipulates other cases when one of the spouses has a right to maintenance after the divorce, such as the inability to obtain education, work, or hold a relevant position due to raising a child, running a household, caring for family members, illness, or other circumstances of significant importance or if a child has physical or mental disabilities, then the wife with whom the child lives has the right to maintenance from her husband until the child reaches the age of six.

Maintenance can be awarded as a share of the other spouse’s earnings (income) or a fixed sum. The court can increase or decrease these sums to reflect other relevant factual circumstances of the specific separate civil case.

CPCU 2004 directly addresses the primary grounds that govern the procedure for enforcing financial orders in Ukraine. These grounds may be defined either by the terms of bilateral/multilateral treaties between the countries concerned or by the application of the principle of reciprocity, which is to be applied if there is no such bilateral/multilateral treaty between Ukraine and the respective foreign state.

The general interpretation of the principle of reciprocity under Ukrainian law means that if Ukrainian court orders are enforced in a particular foreign country, the court orders of that foreign country will be enforced in Ukraine. The CPCU 2004 expressly provides that, to apply this principle, it shall be presumed that reciprocity exists unless it is proved otherwise.

Furthermore, the principle is also described in the Law of 2005; namely, if the application of the law of a foreign country is dependent on the principle of reciprocity, it is deemed to exist unless proven otherwise.

CPCU 2004 defines two separate enforcement procedures based on the content of the foreign court decision. These are forcible and non-forcible procedures.

The non-forcible enforcement procedure may include the following categories of cases:

1. on recognising rights (corporate rights, property rights etc.).
2. on proclaiming one’s bankruptcy.
3. on declaring invalid certain acts.
4. on recognising, appealing or repudiation of paternity.
5. on dissolution of marriage.
6. on establishing facts that have judicial meaning.
7. on adoption.
8. on recognising a person as missing or dead.

Both procedures generally follow similar procedural steps, including applying to the court, providing all necessary documents, and obtaining the court’s decision. However, the main difference between the two procedures is that the list of necessary documents is narrower in the non-forcible enforcement procedure.

Upon receiving the financial order, the applicant has three years from when it comes into force to apply to a Ukrainian court. However, this term does not apply to periodical payments, which may be enforced and collected during the whole sanction period, such as alimony payments.

The applicant shall apply to the court in the respondent’s place of residence or location. Otherwise, if the respondent’s place of residence or location is unknown, the question of the possibility of enforcing the financial order in Ukraine will be determined by the location of the respondent’s assets concerned.

The petition for recognition and forcible enforcement of the foreign financial order if the international treaty does not stipulate a list of documents that must be attached to the application, or in the absence of such a treaty under the CPCU 2004, should be accompanied by the following documents:

1. A copy of the certified decision of a foreign court.
2. An official document about the fact that the decision of a foreign court has attained legal force (if not mentioned in the decision).
3. A document certifying that the party affected by the decision of a foreign court which did not participate in the legal process was informed correctly about the date, time and place of examination of the case.
4. A document determining in which area or from when the decision of a foreign court is subject to enforcement (if already enforced).
5. A document certifying the authority of the representative (if a representative submits the petition).
6. A translation of the listed foreign documents into Ukrainian.

Upon receiving the petition, the court, within 5 days, informs the debtor (respondent) in writing and grants a 30-day period for the latter to file any objections.

After the debtor files or fails to file any objections, the court orders and informs the parties of the date, time, and place of the court hearing.

The petition is decided by a sole judge, as a result of which the latter can decide to grant the recognition and forcible enforcement or refuse to satisfy the petition.

The court’s ruling can be further challenged in the appellate court. If no appeal is filed against it, the court ruling is valid after the expiration of the 15-day term from the date of its pronouncement by the court.

Based on the court ruling (which came into force) allowing the recognition and enforcement of the financial order, the court issues an executive list, which is a necessary document to start the actual enforcement proceedings with the State enforcement service of Ukraine or the private enforcer/executioner.

Ukrainian law does not require a divorce to be connected to the division of spousal property. The court can divide the property during and after the marriage.

Providing that Ukraine announces its exclusive jurisdiction regarding the disputed real estate located on its territory, such property can be divided only by the local court.

Therefore, if the foreign court dissolved the parties’ marriage, it is not an obstacle for the Ukrainian court to consider the spousal property division case between them.

As explained above, FCU 2002 establishes a ‘joint common property’ regime as the default position for spouses.

At the same time, ‘private personal property’ constitutes assets acquired before the marriage, by gift/succession or with personal money. If private personal property produces fruits, breeds or generates income during the marriage, that income will be considered part of such private personal property.

However, if the value of one spouse’s private personal property has increased due to the efforts or contribution of the other spouse, then the court may recognise such property as joint common property, entitling the contributing spouse to a share.

The spouses can vary the default regime in an agreement, re-designating present and future private personal property and common joint property.

Overall, there are three ways to own an asset:

1. Joint common property – when they jointly own a certain piece of property without establishing a specific portion of it owned by each of them. However, their shares are considered equal in default.
2. Joint partial property – when they jointly own a certain piece of property by establishing a specific portion of it owned by each of them.
3. Private personal property – when only one of the spouses is the legal owner of a certain asset.

The spouses are free to choose any applicable regime for all the property or only a part of it.

Law 2005 provides the spouses with the opportunity to choose a law that will regulate the property effects of their marriage.

First, it should be noted that Ukrainian legislation refers to the term ‘marriage contract’ rather than a pre-nuptial, nuptial or post-nuptial agreement.

A marriage contract may be concluded between engaged persons (who have applied for registration but are not yet married) and married couples.

Foreign marriage contracts (pre-nuptial and nuptial agreements) are considered valid in Ukraine if they are valid in the jurisdiction where they were concluded and do not contradict Ukrainian laws.

The core characteristic of the marriage contract is the possibility of abolishing a joint common property regime for the spouses.

The parties to the marriage contract can decide on their property issues within the marriage and select the governing jurisdiction and law.

The marriage contract cannot regulate the personal relationships between spouses and between them and their children. It cannot narrow the scope of the child’s rights as per FCU 2002, and cannot put one of the spouses in an extremely disadvantageous financial position.

To conclude a marriage contract, both parties must appear before a notary public official and sign the agreement. Legal advice or full and frank disclosure of assets or liabilities is not required. The notary provides the parties with an explanation of the relevant provisions of the applicable civil and family legislation.

The marriage contract is binding on the parties. However, the court can, under certain circumstances, recognise it as invalid partly or in its entirety.

In accordance with the Law 2005, a foreign marriage contract will be valid in Ukraine if it is valid under the law of a foreign state, where it was concluded and certified (if the parties have specified in the contract that it is governed by the law of a foreign state), and provided that the form of the contract complies with the requirements of the law of that foreign state. The said contract should not contradict the public order of Ukraine.

The parent with whom the child resides has the right to apply for alimony. Child support can be established either through an agreement or in court.

The FCU 2002 provides a possibility to conclude an agreement to terminate the right to alimony by way of a transfer of immovable property in the child’s name or in the name of both the child and a parent with whom he or she resides.

All agreements relating to child support or termination of such rights should be certified by a notary.

After concluding such an agreement, the parent residing with the child should be solely responsible for maintaining the child. Nevertheless, such an agreement does not exempt the parent who lives separately from the obligation to cover any additional expenses for the child.

If child support is established in court, it can be either a fixed sum or a certain part of the total net income, for instance, ¼ of the child’s parent’s income for one child.

The FCU 2002 provides a minimum guaranteed amount of alimony, which is no less than 50% of the child’s so-called minimum living rate. Such rates differ based on the child’s age. In 2024, the minimum living rate for children aged up to six years is UAH 2,563, while for children aged six to 18, it is UAH 3,196.

The judge, among others, considers the following circumstances when determining the amount of a child’s support:

1. the health and financial position of a child.
2. the health and financial position of the paying parent.
3. the existence of the movable and immovable property.
4. proved expenses of the paying parent.

Alimony is generally established until the child reaches adulthood, typically at 18 years.

The FCU provides the possibility of collecting so-called additional expenses for the child during the court proceeding.

These expenses should be proven and caused by special circumstances, such as developing the child’s abilities, a chronic disease, injury, or a unique medical condition. The judge determines the specific amount of participation in such expenses.

Current family legislation in Ukraine does not provide for any other orders related to the financial support of the child.

Ukrainian law allows for the recognition of unmarried couple relationships as cohabitation and the establishment of the fact that a man and woman are living as one family without the marriage registration. However, such a fact should be proven in a court proceeding.

Article 74 of the FCU 2002 provides that if a woman and a man live as a family but are not married (including to any other person), the property they acquired during their cohabitation belongs to them as joint common property unless otherwise stipulated by the written contract. The provisions of the FCU 2002, which regulate the spousal property of married couples, also apply to the property acquired by a cohabiting couple.

This means such property belongs to the cohabitating couple as joint common property. The fact of cohabitation can be established if it is proven, for example, in cases where they had a joint household, lived in one place, shared similar responsibilities as a married couple, but without marriage registration, and so on.

The specifics of the financial claims and how such claims are determined, including the guiding principles of the courts, are detailed above and are essentially the same as for married couples if the court establishes the fact of cohabitation.

Cohabitees can also enter into a written agreement, similar to the marriage contract detailed above, to regulate property issues during their joint residence. The parties should appear before the notary to conclude such an agreement.

The guiding principles are the same as for married couples, including the possibility of filing the same type of financial claims against each other.

The breakdown of the marriage does not limit the scope of parental rights. Essentially, there is no difference in whether the parents are/were married to each other in Ukraine.

It is essential to note that local family law does not include terms such as ‘custody’ or ‘parental responsibility’ in relation to parent-child relations. Instead, it refers to parental rights, which are considered equal as stipulated by the FCU 2002.

Ukrainian courts have exclusive jurisdiction over relationships between children and parents where both parents reside permanently in Ukraine.

Moreover, Ukrainian courts actively apply the HCCH Convention on jurisdiction, applicable law, recognition, enforcement, and cooperation in respect of parental responsibility and measures for the protection of children 1996, in particular articles 3, 5, and 7 of the mentioned convention, to decide, if necessary, on the issues of jurisdiction.

The Ukrainian courts can make the following orders regarding the children (among others):

1. order for participation in the child’s upbringing (visitation or access order) for the parent living separately from the child.
2. order for establishing the place of residence of the child with one of the parents (physical custody).

Recently, the Supreme Court issued an important order regarding shared custody for children, granting both parents equal time with them. Such arrangements are not currently provided by the law but were initiated by the highest judicial authority in Ukraine.

The court considers both parents’ attitude to the performance of their parental duties, the child’s personal attachment to each of them, the child’s age, health status, and other circumstances of significant importance when resolving a dispute over the place of residence of a minor child or regarding the participation of one of the parents in the upbringing of a child.

Ultimately, Ukrainian courts, when resolving disputes between parents, are guided by the Convention on the Rights of the Child (1989), which is part of the local family law legislative framework. In particular, the child’s best interests are their primary consideration.

Moreover, Ukrainian courts also consider the case law of the ECHR, which bears similar importance to the Convention on the Rights of the Child 1989 for resolving disputes between parents.

The FCU 2002 stipulates that parents jointly determine the child’s place of residence if the child is under ten. If a child reaches the age of ten, the place of residence is determined by the mutual consent of the parents and the child. Upon reaching the age of fourteen, the child can decide with whom of the parents they want to reside.

The child’s voice can be heard either by the judge during the court proceeding, with the possible involvement of a psychologist, or based on the special expertise that can be prepared by an approved and authorised judicial expert, upon the results of their communications with the child and the parents.

The judge may consider the voice of a child who has not reached the age of ten if such a child has already attained a degree of maturity at which it is appropriate to take account of his or her views. This is a matter of assessment, including the judge’s internal conviction and view, and is established in every respective case separately.

The judge may also disregard the child’s view if they establish that it harms the child’s best interests.

If parents reside in different cities within the country, then the dispute regarding internal relocation is decided by the court during the proceedings to establish the child’s place of residence with one of the parents (please answer question 22 hereof).

Under the general rule, citizens of Ukraine who have not reached the age of 16 can only travel outside of Ukraine with the consent of both parents (or adoptive parents) or guardians and be accompanied by them or persons authorised by them. If the child is accompanied only by one of the parents at the border or by another person, then crossing the border is only possible with the notarised consent of the other parent or both parents, indicating the state of destination and the corresponding length of stay abroad.

Nevertheless, now, because of the war in Ukraine, there is no need temporarily for the period of martial law to be in force to obtain the notarised consent of one of the parents for another parent to cross the border of Ukraine with a child.

Before the war, if one of the parents wanted to relocate the child outside Ukraine’s jurisdiction, they could apply to the court with a claim to grant the relocation without the other parent’s consent. Again, case law in this category of disputes treats the child’s best interests as a primary consideration when deciding whether to grant such permission. It is necessary to demonstrate that the relocation is significantly more beneficial for the child than their stay in Ukraine. Otherwise, the Ukrainian courts considered that the relocation abroad severely breaches the legitimate rights and interests of the left-behind parent.

Nevertheless, as of now, the child can be relocated abroad without the parent’s permission.

However, such temporary safety measures during martial law do not limit the application of the HCCH Convention on the civil aspects of international child abduction 1980, which can be used to return the child to Ukraine.

Foreign court orders for contact/custody of children are not automatically recognised or enforced in Ukraine. The specific procedure is detailed and explained in the answer to question 12 above.

If the foreign country is a member of the HCCH Convention on jurisdiction, applicable law, recognition, enforcement, and cooperation in respect of parental responsibility and measures for the protection of children 1996, its provisions can be used as a legal basis for the recognition and/or enforcement of such foreign order in Ukraine.

When the Ukrainian court grants recognition and/or enforcement of a foreign court’s ruling, it adopts a respective decision confirming the validity and legal force of such an order in Ukraine. Thus, essentially, the system of mirror orders is not necessary.

Where a bilateral or multilateral treaty, such as the abovementioned convention, is not possible, the Ukrainian court would apply the principle of reciprocity, as explained in the answer to question 12.

Ukraine adopted the Hague Convention on the Civil Aspects of International Child Abduction 1980 in 2006.

Cabinet of Ministers Decree 952/2006 regulates the application of the Hague Convention in Ukraine. This decree outlines the procedures and documentation required for applications seeking the return or access of a child.

The Ministry of Justice is the central authority under the mentioned convention in Ukraine. Upon receiving a return application, the Ministry of Justice will first attempt to facilitate a voluntary return.

If this fails, it may initiate court proceedings on behalf of the applicant. Alternatively, the parents may directly pursue court action for the child’s return under Article 29 of the Convention.

While the Ministry of Justice provides basic legal assistance and services free of charge, court representation is only free for citizens of countries that offer reciprocal services to Ukrainian citizens. Therefore, individuals are advised to retain legal counsel to effectively represent their interests in court.

Assisted reproductive technologies are legally recognised in Ukraine. Surrogacy in Ukraine is only available for married heterosexual couples.

A surrogacy agreement must be notarised. The intended parents can conclude separate agreements with the clinic and surrogate mother.

The payment issues in a surrogacy agreement should be carefully drafted. It is important to understand that payments cannot be made for the transfer of a child or the transfer or deprivation of the parental rights of the surrogate mother. Such provisions in the agreement are in direct contradiction with the Ukrainian legislation.

However, local law does not restrict the specific remuneration to the surrogate mother for the respective services, including pregnancy carrying and childbirth. The payments mentioned in the agreement may also be related to the compensation of all reasonable expenses, such as loss of salary, medical treatment, medication, clothing, housing, and other similar costs.

Adoption can only be made in Ukraine through a court proceeding, resulting in a court order.

Adopters must be capable individuals aged 21 or older, unless they are relatives of the child, and must be at least 15 years older than the child (18 years for adult adoptions).

Married couples can adopt jointly. The legislation also establishes the possibility of one spouse adopting a child if the other spouse does not want to become an adoptive parent. One spouse should obtain the other’s notarised consent. In such cases, the other spouse only agrees to the adoption and does not acquire the adoptive parent’s legal status or the adopter’s rights and obligations.

Unmarried cohabiting individuals may adopt with court approval.

Single individuals may adopt if the child has only one legal parent, who will lose parental rights. There is no limit to the number of children that an individual can adopt.

Foreign citizens can adopt if they are a married couple or one of them is a relative of the child.

International adoption has currently ceased due to the war in Ukraine.

Joint adoption by same-sex couples is not allowed.

The Non-Court Dispute Resolution (NCDR) in Ukraine has two forms: mediation and arbitration.

The options for applying arbitration to resolve family disputes are very limited and uncommon in Ukraine. The parties can only refer to arbitration disputes that arise from a marriage agreement if the involved parties are Ukrainian residents and the dispute does not concern immovable property.

Mediation was officially introduced in Ukraine in November 2021, when the Law of Ukraine ‘On Mediation’ was lastly adopted. The law defines the legal basis and procedure for conducting mediation as an out-of-court procedure for resolving a conflict (dispute), the principles of mediation, the status of a mediator, training requirements, etc. Mediation may be conducted before applying to a court or during the enforcement of a court decision, and it does not affect the limitation period. Mediation cannot be conducted in disputes if it affects or may affect the rights and legitimate interests of the non-participating third parties.

Mediation is not widely used in Ukraine. However, the authorities promote it as a reliable instrument for the parties to resolve their disputes peacefully and effectively, which is very beneficial for cases involving children.

It is not mandatory in Ukraine for the moment.

The agreement reached by the parties as a result of mediation is binding for the parties.

One of the most significant recent reforms launched in Ukraine is the new ‘Strategy for Ensuring the Right of Every Child to Grow Up in a Family Environment’ (2024-2028), along with its initial two-year action plan, introduced in November 2024. UNICEF Ukraine heavily supported the respective strategy.

The strategy’s core aim is to ensure that 95 % of all children in Ukraine are in family-based care by the end of 2028. Special attention is given to children with disabilities, displaced children, and those with special educational needs.

Another reform is related to the establishment of specialisation of judges in family and children’s affairs, which started in Ukraine. This project is implemented by the NGO All-Ukrainian Public Centre ‘Volunteer’ in cooperation with the Cassation Civil Court of the Supreme Court and the Interagency Coordination Council on Juvenile Justice, with the support of the United Nations Children’s Fund (UNICEF) in Ukraine.

The respective training, which began in March 2025, was conducted for approximately 60 judges from 11 courts across Ukraine.

Moreover, the court procedure for considering abduction cases under the 1980 Hague Convention will be subject to legal amendments in the near future. For the last couple of years, draft laws have been filed in Parliament; however, no new legislation in this regard has been adopted. This legal area needs to be further improved to enable more efficient trials of abduction cases in Ukrainian courts.

There is no special procedure for conducting the family proceedings in Ukraine. All family law-related cases are tried as civil cases based on the provisions of the Civil Procedural Code of Ukraine.

Article 8 of the CPCU 2004 provides that information regarding the court hearing the case, the parties to the case and the subject matter of the claim, the date of receipt of the statement of claim (complaint) or any other statement or motion in the case, including the person who filed such a statement, the measures taken to secure the claim and/or evidence, the stage of consideration of the case, the place, date, and time of the court hearing, the movement of the case from one court to another shall be open and subject to immediate publication on the official web portal of the judiciary of Ukraine.

If the court decides to hear the case in a closed session, information about the case shall not be disclosed, except for information about the parties to the case, the subject matter of the claim, the date of receipt of the statement of claim, the stage of consideration of the case, the place, date, and time of the court session, and the transfer of the case from one court to another.

In other words, a family law case can be conducted privately if the court decides so or if one of the parties to the case submits a substantial petition, and the judge finds it reasonable.

Judgments are public in Ukraine and can be accessed on the official website of the Ukrainian judiciary. However, the personal information of the parties is not disclosed and is substituted by letters or numbers.

Any person has the right to be present at a public court hearing. A person who wishes to be present at a court hearing may not be required to provide any documents other than proof of identity. People wishing to attend a court hearing shall be admitted to the courtroom before the start of the hearing or during a recess.

The broadcast of the court hearing is carried out with the court’s permission. If all participants in the case participate in the court hearing via video conference, the court hearing must be broadcast on the Internet.

Photography, video recording, and broadcasting of the court hearing in the courtroom must be carried out without interfering with the conduct of the hearing and the exercise of procedural rights by the participants in the court proceedings.

The primary impact of the relationship breakdown on estate planning is the priority, or so-called ‘queue,’ of the heirs.

There are two ways of inheritance in Ukraine, as per the Civil Code of Ukraine 2003: by law or by will.

Heirs by law receive the right to inherit in turn.

Each subsequent line or queue of heirs by law shall receive the right to inherit in the absence of heirs of the previous line, their removal from the right to inherit, their non-acceptance of the inheritance, or their refusal to accept it.

As the first queue, the right to inherit by law belongs to the children of the testator, including those conceived during the testator’s lifetime and born after his death, the surviving spouse, and the parents.

The fourth queue covers people who lived with the testator as a family for at least five years prior to the opening of the inheritance.

Therefore, in the case of an official divorce, the surviving spouse may expect to be in the fourth queue of heirs, which significantly reduces their chances of receiving a portion of the inheritance.