Marriage in Ukraine

The principal law, which regulates marriage in Ukraine, is the Family Code of Ukraine effective as of 1 January, 2004.

Ukrainian regulations, namely clause 21 of the above Family Code of Ukraine, determine marriage as the family union of a man and a woman, which was duly registered at the Civil Registry Office. Therefore, the same-sex marriage is not allowed in Ukraine.

Clause 22 of the Family Code of Ukraine stipulates the following minimal marriage age: 17 years for a woman and 18 years for a man. Persons willing to register their marriage have to reach the marriage age by the date of registration of the marriage.

In accordance with clause 23 of the Family Code of Ukraine, persons, who have reached the marriage age, have the right to be married. Upon application of a person, who has reached the age of 14 years, the court can grant him/her the right to marry, if the court will find this answers his/her interests.

As it is provided by clause 24 of the Family Code of Ukraine, marriage in Ukraine is voluntary. This means that the same is based on the free consent of a woman and a man. Forcing a woman and/or a man to marry is prohibited by the Code. Marriage registered with a person, who is legally incapable or who has not realized the significance of his/her actions or could not control his/her actions, is considered invalid by the Code.

Clause 25 of the Family Code of Ukraine provides monogamy as well. A woman and a man can enter into only one marriage at the same time. A woman and a man can remarry only after the previous marriage has been dissolved.

And finally, clause 26 of the Family Code of Ukraine provides a list of natural persons who are restricted to get married with each other (and even if such persons will register their marriage somehow, it shall be considered invalid by the law anyway):

- the direct line ascending persons;

- full blood and half blood brothers and sisters;

- cousins, aunts, uncles and nephews, nieces;

- a natural child and an adopted child, as well as a marriage between adopted children. The court however can permit such marriages;

- an adopter and an adopted child. A marriage between an adopter and an adopted child can be registered only after the adoption has been dissolved.

The above mentioned conditions of marriage are obligatory for all people willing to get married in Ukrainian jurisdiction and in accordance with Ukrainian law regulations.

However non-residents of Ukraine should keep in mind that there is also the Law of Ukraine "About International Private Law" effective as of September 9, 2005, which provides some collision norms and allows moving marriage (and accordingly relations between spouses, including their property relations) with a Ukrainian citizen out of Ukrainian jurisdiction and to make it regulated by non-Ukrainian laws.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the family relations of your interest in Ukraine in order to have the exact, extensive and up-to-date legal information.

Do not hesitate to contact us if you have any questions or issues of legal nature, our Law Firm is working for you and our experienced legal specialists are always ready to help providing the client with appropriate legal consultations, legal reports and summaries, reasonable legal advices and all the other requires legal support, assistance, coverage and protection.

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