Recognition of a marriage concluded in the temporarily occupied territories or abroad remains a difficult issue for many Ukrainians. Due to the lack of official registration in the Ukrainian state bodies, the spouses face legal difficulties in matters of inheritance, joint property, social protection and even the establishment of parental rights. At present, there are legal mechanisms for confirming the fact of marriage, but in many cases it is necessary to go to court.
Exactly how this procedure works, what documents are required, what to pay attention to, and what problems may arise when establishing the fact of marriage registration – the lawyers of the Repeshko and Partners Bar Association explain the key aspects of legislation and court practice.
According to statistics, in 2024, 150,200 couples got married in Ukraine, while in 2023 there were 186,000 of them, which is 19.3% more than in 2024. There are no separate statistics on the marriage of citizens outside the country, but as life shows, citizens of Ukraine get married not only in the countries of the same Europe, but also in temporarily occupied territories. However, as you know, documents issued in the temporarily occupied territories are not recognized by official bodies in Ukraine. There are more complex options. So we were approached by a woman who, in order to receive an inheritance, needs to confirm the fact that in 1986 her mother entered into a marriage at the USSR embassy in the Republic of Afghanistan, which was later annulled by a decision of a Ukrainian court. However, the only evidence of the registration of such a marriage is the legal record in the RACS bodies, which states that the marriage was concluded in 1986 at the USSR embassy in the Republic of Afghanistan.
In such cases, a separate court procedure is provided. In accordance with Article 315 of the Civil Procedure Code of Ukraine, the court, in the order of a separate proceeding, examines cases on establishing the fact of marriage registration or its dissolution. However, this procedure can only be used under certain circumstances. First of all, the marriage must be really registered in official bodies. If the corresponding entry in the books of the RACS has not been preserved, which may be caused by the absence of archival documents or a registration book, as well as if the book exists, but the entry is not in it, this is a reason to appeal to the court. It is also possible to establish the fact of marriage registration, if the bodies of the RAC have refused in writing to renew such a record in accordance with the procedure provided for by law. The record of marriage can be renewed only on the basis of a court decision, which will officially confirm the fact of its registration.
Therefore, the court cannot establish the fact of marriage or its dissolution, if the official registration of these events has not taken place. That is, the court cannot establish the fact of marriage between citizens who lived together as one family, but never applied to official bodies for marriage registration.
An important step in such a case, which must be completed, is to receive a refusal from the relevant body to renew the record, which is provided in the form of a written opinion, and the presence of which is a necessary condition for the court to accept the application to establish the specified fact. Persons for whom the presence of the fact of marriage registration or dissolution of marriage may generate legal consequences can apply for the establishment of these facts.
You should know that the right to appeal to the court in this case has:
- persons in respect of whom the registration entry was made, their family members;
- legal representatives of minors and disabled persons;
- heirs of the deceased.
As interested persons in such proceedings, the relevant bodies of the State Civil Service, notaries who have initiated the inheritance case, the second spouse, heirs of the spouses and other persons whose rights and obligations will be affected by the court’s decision may participate in such proceedings.
What kind of evidence can be provided to establish the fact of registration or dissolution of marriage? This list is not exhaustive and depends on each specific situation:
- a certificate from the archive of the RAC authorities, confirming the fact of the loss of the record in these authorities,
- conclusion of the RAC department on the refusal to renew the record of civil status;
- evidence confirming the existence of this legal fact (documents, acts, letters
Of a business and personal nature, which contain information about registration of adoption, marriage, dissolution of marriage, for example: a copy of a passport or a passport in which there is a mark (stamp) about the registration or dissolution of marriage, a questionnaire on personal affairs at the enterprise; birth certificates of children, where the applicants are indicated as parents, legal records of the birth of children, household registers where spouses are registered together, and others).
- testimony of witnesses regarding the fact of marriage registration,
- photos, especially from the marriage registration ceremony; other documents that contain information about registration or dissolution of marriage.
At the same time, an individual’s application to establish a fact that has legal significance is submitted to the court at his place of residence (part one of Article 316 Civil Procedure Code of Ukraine). The court fee for submitting an application to establish a fact as of 2025 is UAH 605.60.
As for such a category of cases as establishing the fact of marriage registration and divorce in the temporarily occupied territories. For quite a long time, judicial practice was unstable and disappointing, because the courts massively refused to open proceedings in the case of establishing the fact of marriage registration in the temporarily occupied territory. They noted that since the marriage was registered by bodies that did not have the appropriate authority to do so (bodies of the occupation authorities), the application is not subject to consideration in civil proceedings due to the impossibility of establishing the relevant fact in court. However, recently the Civil Court of Cassation as part of the Supreme Court canceled and changed the mentioned practice, making the following legal conclusions, which should be guided by the courts when considering similar cases.
Part 3 of Art. 9 of the Law of Ukraine “On ensuring the rights and freedoms of citizens and the legal regime in the temporarily occupied territory of Ukraine” it was determined that any act (decision, document) issued by bodies and/or persons in the temporarily occupied territory, if these bodies or persons were created, elected or appointed in a manner not provided for by law, is invalid and does not create legal consequences. But on May 7, 2022, changes to the specified norm entered into force, namely, it was supplemented with the words “except for documents confirming the fact of birth, death, registration (dissolution) of marriage of a person in the temporarily occupied territory…”.
Currently, the legal norm reads as follows: “Any act (decision, document) issued by bodies and/or persons provided for the second part of this article, is invalid and does not create legal consequences, except for documents confirming the fact of birth, death, registration (dissolution) of marriage of a person in the temporarily occupied territory, which are attached to the application for state registration of the corresponding act of civil status.”
In this case, we note that the International Court of Justice of the United Nations in its practice regarding the occupied territories formulated the “Namibian exceptions”, according to which documents issued by the occupying power must be recognized by the courts if their neglect would lead to serious violations or restrictions of citizens’ rights. This principle is developed in the practice of the European Court of Human Rights. In particular, the ECtHR has indicated in a number of decisions that such recognition of the acts of the occupying power in the limited context of protecting the rights of residents of the occupied territories does not in any way legitimize such power.
It should be noted that the examination by state bodies of documents issued by the occupying power does not mean automatic recognition of such power. At the same time, the state must take measures to effectively protect the rights of citizens on its territory, even if part of this territory is under the effective control of another state. Therefore, documents issued by bodies and institutions (in particular, civil status registration institutions) located in the temporarily occupied territory of Ukraine may, as an exception, be taken into account by the court and evaluated together with other evidence in their totality and interrelationship, in particular, during the consideration of cases in accordance with Art. 315 of the Civil Code of Ukraine.
The court stated that at the time of the applicant’s appeal to the competent authority in the territory controlled by Ukraine, h. 3 Art. 9 of the Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine” provided for the invalidity of marriage registration documents issued by the occupation authorities. Therefore, the applicant had no other option to confirm the fact of marriage registration than to go to court.
In addition, in view of the provisions of p. 4 hours 1 Art. 315 of the Civil Procedure Code of Ukraine, the Supreme Court noted that earlier the courts came to the erroneous conclusion that the Civil Procedure Code of Ukraine does not provide for the possibility of the court establishing the fact of marriage registration in the temporarily occupied territory. The fallacy of such conclusions lies in the fact that the uncertainty of the rules of procedural law cannot be interpreted against the applicant and limit his right to judicial protection, including in cases of separate proceedings, since in Ukraine the jurisdiction of the courts extends to any legal dispute. These are the provisions set forth in the Supreme Court Resolution of November 16, 2022 in case No. 759/1443/22.
So, now the registration of a marriage or a divorce that took place in the temporarily occupied territory (TOT) can be “legalized” through a Ukrainian court. In this case, the applicant must have documents confirming registration:
- marriage certificate issued by TOT bodies;
- divorce certificate issued by the TOT authorities;
- an extract from the legal record of marriage registration or dissolution of marriage drawn up by the TOT bodies with a “wet” seal;
- documents are similar to those mentioned above, which are submitted as evidence to the court (certificates, photographs, acts, etc.).
But before applying to the court, it is still necessary to apply to the RACS department and, in the event of a refusal, go to the court with an application.
One more circumstance must be noted. Sometimes ordinary citizens perceive going to court as some kind of automatic, undisputed procedure that goes by itself and for which it is necessary to appear in court twice – to file a statement and receive a court decision. No, it doesn’t work like that! Everything that is undisputed, unconditional and easily resolved is decided without a trial. However, if the case has already reached the court, then some dispute, some doubts and lack of evidence still exist. The task of the applicant is precisely to prove his rightness, his rights to the court.
It is possible not to go to court summons only in one case – when the judge’s assistant or secretary asks to write a corresponding statement about it: “I ask to hear the case in my absence, I fully support the stated demands and ask the court to satisfy them.” In all other cases, you need to go to court and inquire about the status of the case. the principle of international law, according to which documents issued by the occupying power must be taken into account by the courts, if their neglect leads to serious violations or restrictions of the rights of citizens. The judge may require additional evidence, of which you will be informed and offered to provide it. At the same time, it is worth knowing one practical nuance: some judges are in no hurry to take up the case at all or even stop its consideration if the applicant does not appear in court. This is explained by a high workload and a large number of cases, but the essence boils down to simple logic – if the applicant himself does not show interest in his case, then the judge has no reason to pay special attention to it.
