Divorcing a foreign national is not only emotionally challenging, but also legally more complex than a divorce between two Belarusian citizens. Such cases often involve multiple legal systems, especially if the spouses live in different countries, have shared property, or minor children. Common questions include: which court has jurisdiction, which country’s laws will apply, whether a divorce can be obtained in Belarus without the other spouse’s presence, and how to proceed if the spouse is abroad or unresponsive.
Under Belarusian law, a marriage between a Belarusian citizen and a foreign national can be dissolved either in Belarus or abroad. The key factor is having a legal connection to Belarus—such as citizenship of one spouse, place of residence, marriage registration, or other relevant interests in the country. Notably, the other spouse’s consent is not always required, especially if they avoid participation or are unreachable.
Divorce in Belarus can be handled either through the civil registry office (ZAGS) or through the courts. To determine the right course of action for your specific case, we recommend consulting one of our experienced family lawyers.
This article outlines the legal process for divorcing a foreign national, including where to file, required documents, and what to do if your spouse is abroad or in hiding.
Divorce through ZAGS
Contrary to popular belief, divorce involving a foreign national is not always a court matter. In some cases, it can be processed through ZAGS—provided that certain legal requirements are met.
Conditions for divorce through ZAGS
YA marriage involving a foreign citizen can be dissolved through the Civil Registry Office (ZAGS) if the foreign spouse has a permanent residence permit in the Republic of Belarus or if the marriage was registered in Belarus.
A divorce through ZAGS is possible only if all the following conditions are met:
- Both spouses consent to the divorce;
- There are no common minor children;
- There are no disputes over property division.
If at least one of these conditions is not met, the divorce must be processed through the court.
Mutual consent requirement
As with marriages between Belarusian citizens, a divorce through the Civil Registry Office (ZAGS) is only possible if both spouses voluntarily agree to it. If one spouse objects, fails to appear, or avoids submitting the application, the matter must be resolved in court. It is not possible to file for divorce at ZAGS unilaterally or by proxy.
No minor children or property disputes
Another essential condition is the absence of common minor children, including adopted children. In addition, there must be no disagreements over the division of jointly acquired property. If such disputes exist — even if both spouses agree to divorce — the case can only be handled through the court.
Filing procedure
The divorce application must be submitted in person by both spouses. Filing through a representative is not allowed — ZAGS will not accept a power of attorney.
ZAGS officials will schedule the divorce no earlier than one month after the application is submitted. On the scheduled date, both spouses must appear in person to confirm their intention to end the marriage. If one spouse cannot attend, they must submit a written statement of consent requesting the divorce to be finalized in their absence.
State fee
The state fee for a ZAGS divorce is 4 base units, which equals 168 Belarusian rubles or approximately 50 euros.
Divorce with a foreigner through the court
If it is impossible to dissolve the marriage through the Civil Registry Office (ZAGS) — for example, if the spouses have common minor children, have not reached an agreement on property issues, or the foreign spouse does not agree to the divorce, is uncontactable, or his/her whereabouts are unknown — the case of divorce is considered by the court.
The court also considers cases where the marriage was registered in another country, but one spouse resides in or has citizenship in Belarus, and the other is a foreign citizen.
To determine where to apply, we recommend consulting with our family law attorney, who has extensive experience handling divorce cases involving foreign citizens.
Which court considers the case
The divorce claim is filed:
- At the court of the defendant’s place of residence (i.e., the foreign spouse).
- If the defendant’s place of residence is unknown, the defendant lives abroad or is uncontactable — at the court of the plaintiff’s place of residence. The plaintiff may also apply to the court at their place of residence if they have custody of children or other valid reasons.
District (city) courts of general jurisdiction consider divorce cases. Specialized courts for such disputes are not provided in Belarus.
Documents required to file a claim
To divorce a foreign citizen through the court, the following documents must be prepared:
- Statement of claim.
- Original and copy of the marriage certificate.
- Copy of the plaintiffholdspassport or other ID.
- Documenting the s confirming the defendant’s citizenship or place of residence (if necessary — residence permit).
- Proof of payment of state fee.
- If available — evidence of notification of the foreign spouse (if they are abroad or in hiding).
- If necessary — power of attorney for a representative.
Our experienced divorce lawyer can prepare the necessary documents and represent your interests in court.
All documents drawn up in a foreign language must be translated into Belarusian or Russian, and the translator’s signatures must be notarized.
State fee
In 2025, the amount of the state fee for filing a divorce claim depends on the specific situation:
- 168 BYN (4 basic units) — if it is the first marriage.
- 336 BYN (8 basic units) — for divorces in the second or subsequent marriages.
- 42 BYN (1 basic unit) — if the second spouse is declared incapacitated, missing, or sentenced to imprisonment for at least three years.
The plaintiff pays the state fee before filing the claim and attaches the payment receipt to the claim.
If the divorce claim includes a demand for division of jointly acquired property, the plaintiff must pay an additional state fee of 5% of the declared property value. The fee amount must be at least two basic units.
The property value refers to the market value of the share claimed by the plaintiff, not the total value. For example, if a spouse claims half of an apartment worth 50,000 euros, the fee is calculated based on 25,000 euros.
Case consideration period
Court proceedings for divorce usually take from 1 to 3 months from the date of filing the claim, depending on:
- The complexity of the case.
- Court workload.
- Need for additional documents.
- Presence of children or property disputes.
- Participation of the second spouse (especially if abroad and requiring international notification).
The court usually sets a reconciliation period of 3 months.
How to divorce if the foreign spouse lives abroad
If the foreign spouse lives outside Belarus, divorce in a Belarusian court is possible under certain conditions. In particular, this is possible when there is an international treaty between Belarus and the country of the foreign spouse’s residence. Examples of such treaties include the Minsk Convention of 1993 and the Chisinau Convention of 2002, which concern legal assistance and legal relations in civil, family, and criminal cases. These conventions allow Belarusian courts to consider divorce cases at the plaintiff’s place of residence.
If the foreign spouse’s country is a party to one of these conventions, a Belarusian citizen residing in Belarus may file for divorce in the court of their residence, and the Belarusian court has the right to issue a divorce decree.
In other cases, the marriage should be dissolved in the authorities and courts of the country of the foreign spouse’s citizenship. However, exceptions exist, for example, if the spouses have minor children living with the plaintiff — a Belarusian citizen — or if the plaintiff is unable to participate in court proceedings abroad for health reasons.
Also, if the foreign spouse’s property is located in Belarus, the divorce claim can be filed in the court at the location of the property.
A Belarusian citizen permanently residing abroad also has the right to apply to a Belarusian court to dissolve a marriage with a foreign spouse.
Recognition and legalization of divorce decisions abroad
After the marriage between a Belarusian citizen and a foreign citizen is dissolved in a Belarusian court, the question often arises about the need to recognize and legalize this decision in another country. This is especially important when one party lives abroad or has property and obligations in a foreign country.
Is it necessary to recognize a Belarusian divorce decision abroad?
Rules for recognizing divorce decisions issued in Belarus depend on the laws of the country where recognition is required. Most countries have procedures for recognizing foreign court decisions, including those related to divorce.
Usually, for a Belarusian divorce decision to have legal force abroad, a recognition procedure is required. This procedure confirms that the decision complies with international private law and does not contradict the public order of the receiving country.
If recognition is not required (for example, in countries with agreements on mutual recognition of court decisions), spouses may freely use the Belarusian decision to arrange their rights and status abroad.
Apostille or consular legalization
To confirm the authenticity of a court divorce decision abroad, legalization is generally required:
- An Apostille is a simplified form of international certification used in countries that participate in the Hague Convention of 1961. Belarus is a party to this convention, so for member countries, it is sufficient to affix an apostille to the court decision.
- Consular legalization is applied for countries not part of the Hague Convention. In this case, the court decision is first certified by the Ministry of Justice of Belarus and then by the consulate or embassy of the country where recognition is required.
The method of legalization depends on the country where the court decision will be used.
Translation of the court decision
In addition to legalization, to use a divorce decision abroad, an official translation of the document into the language of the receiving country is required. A certified translator or translation agency must perform the translation, and it is typically notarized.
In some cases, translations also require apostille or consular legalization, especially if required by the laws of the country where the document is presented.
To clarify all the details of the divorce procedure involving a foreign citizen, we recommend consulting with our experienced divorce attorney.
Conclusion
Divorcing a foreign citizen is a process that can be complicated by difficulties related to international law, jurisdiction, and the need for recognition and legalization of court decisions abroad. It is essential to select the correct method of divorce — through ZAGS or the court — and consider the living arrangements of the spouses, as well as the presence of children or property disputes.
Our experienced family lawyers will prepare all necessary documents, represent your interests in court or government authorities, and support the recognition and legalization procedure of the divorce decision abroad. Contact us to go through this process as quickly, efficiently, and stress-free as possible.
Contact us
If you have any questions related to divorcing from a foreigner in Belarus we will be happy to help! Our long-term experience will help you choose a lawyer to represent your interests.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
