Alimony for a husband who has gone abroad

When filing a lawsuit in court, if one of the parties lives abroad, it is necessary to take into account the provisions of the relevant international treaties of Ukraine, which operate in relations between Ukraine and a foreign state.

Step 1. Get the decision of the court of Ukraine on the collection of alimony

The parent with whom the child lives has the right to apply to the court with an appropriate claim. And already with the decision of the court of Ukraine on the collection of alimony, the debt collector can apply to the competent body (court) of a foreign state.

Step 2. Apply to the competent body (court) of a foreign state with a request for recognition and enforcement of the decision of the court of Ukraine

The petition must contain:

• full name of the defendant (debtor);

• his date of birth;

• citizenship;

• address of residence of the defendant (debtor) during the last five years (to the extent known to the plaintiff (collector));

• occupation and place of work of the debtor;

• photo card (if possible);

• available information about the debtor's financial and family circumstances, including information about the property he owns;

• any other information that may contribute to the location of the debtor or the execution of the request, or that is determined by the relevant contracting party to be necessary.

The petition is sent to the Ministry of Justice of Ukraine through the territorial administration of justice.

Step 3. Add the necessary documents to the request

The following documents, properly executed by the court that issued the decision, are attached to the petition:

• a copy of the court decision;

• a certificate stating that the decision has entered into legal force;

• a certificate of partial implementation or non-implementation of the decision on the territory of Ukraine;

• a certificate that the defendant was properly informed about the day of the court session, and copies of documents confirming this, if the defendant did not participate in the court session;

• a copy of the protocol of the court session (or the journal of the court session), during which the case of alimony recovery was considered on its merits;

• photo card of the debt collector.

Step 4. Take into account the language features of document processing

Documents sent from Ukraine and drawn up in the Ukrainian language must be translated into the official language of the requested Contracting State or another language that such state has determined to be acceptable for its entire territory or that part of it where the debtor lives.

Based on conventions, a notarized translation is not required. It is sufficient if the translation is officially certified by a translator or a translation bureau. The requirement for consular legalization or certification of documents by apostille also does not apply to documents in accordance with the conventions.