Divorce in Georgia

Georgian legislation is known for being accommodating to foreigners, regardless of their nationality, citizenship, or religious beliefs. In Georgia, foreign couples can get married easily and quickly. Sometimes family life doesn’t work out, and spouses decide to divorce.

If you are seriously considering divorce, the Lotus Wedding agency will help you go through this process without unnecessary hassle and stress. We will prepare and submit the documents and provide full support at every stage of the procedure. You will receive an official divorce certificate that will be legally valid in your country. Our team specializes in working with foreign couples, so we understand the nuances of Georgian and international law.

A separate part of the Georgian Civil Code sets out the basic provisions of family law. According to them, marriage is a voluntary union of a man and a woman to create a family and is registered by an authorized state institution within the Ministry of Justice system. Future spouses must meet several requirements. Both partners must be of legal age (18 years old) and give voluntary consent to the marriage. It is important that the bride and groom are not related by blood and are not in a legal guardianship relationship.

For couples with foreign citizenship who wish to marry, a necessary condition is having legal grounds to stay in Georgia. Marriage registration is carried out only in the personal presence of the couple. If desired, a representative may submit the application on the couple’s behalf. To do so, you need to issue a power of attorney to a representative of our agency. Marriages are registered at Houses of Justice, Wedding Palaces, or off-site (only by state registrars). Witnesses are required for the ceremony—at least two. We will provide them if you come to get married as just the two of you.

After a Georgian marriage certificate is issued, it must be оформлено (processed) in accordance with the requirements of your country. We will arrange an apostille or legalization of the document at the consulate. An important detail: bigamy is prohibited in Georgia. If one partner (or both) was previously in an official marriage, they must present a document confirming the termination of the marriage by divorce. Prior relationships must be officially dissolved.

There are several legal grounds for terminating an official marriage: the death of a husband/wife or a spouse being declared dead under the law. Another way to end family relations is divorce.

Which authorities to contact to dissolve a marriage in Georgia

If there are no property or other disputes between the husband and wife, they can submit a divorce application to a House of Justice, the Public Service Development Agency, or the civil registry office (any branch of these institutions). Otherwise, they can divorce only through the courts.

Who has the right to file for divorce in Georgia

The document package for registering a divorce may be submitted by the spouses in person. If one of them is outside the country, the process is carried out by the couple’s representative. The husband and wife jointly complete and submit a written divorce application. If they delegate this function to a representative, the representative must have a properly executed power of attorney and an identity document.

In some cases, a divorce application may be filed by one spouse. This is allowed if the other spouse has been sentenced to imprisonment for a term of three years or more. This option is used if there is a court decision on divorce or on recognizing a spouse as missing. A husband cannot file an application with the authorized body to register the dissolution of the marriage without the wife’s consent while she is pregnant and until the newborn child reaches one year of age.

What documents are needed for divorce in Georgia

If you decide to divorce, you need to prepare and properly оформить (execute) a number of documents. The partners submit both passports (or other identity documents), the marriage certificate, and a joint written divorce application. If only the husband/wife is the applicant, they provide a court decision on dissolution of the marriage or on recognizing the spouse as missing, imprisoned for more than three years, or incapacitated (until 1 April 2015).

The most relevant issue for divorcing spouses is the division of property acquired during the period of lawful cohabitation. The property rights of the husband and wife are determined by the marriage contract. This is the priority document—a special agreement. If no contract was concluded, then the dispute in the event of divorce will be resolved in accordance with the articles and provisions of the Georgian Family Code.

What you need to know about property division if you decide to divorce:

• Spouses have equal rights to property acquired during the marriage—upon divorce, each receives one half.
• Exceptions include property received as a gift or inherited; property owned by the husband/wife before marriage; personal-use items (except jewelry); and items used in professional activities (audio equipment, medical instruments, etc.)—these remain the property of one spouse.
• Separate property may be considered marital property if its value increased due to expenditures made during family life.
• Divorce also leads to the division of debts (taking into account the share in the common property)—joint debts or those taken by the husband/wife for the benefit of the family.
• The statute of limitations for claims regarding the division of marital property is three years; after that, the request becomes time-barred and is not enforced by the authorized bodies.

Another common dispute between husband and wife during divorce concerns alimony (child support) and the place of residence of minor children or adult disabled children. If the parents cannot reach an agreement on these issues on their own, the court considers them. The children’s place of residence is chosen with maximum regard for their interests in accordance with the norms of the Code on the Rights of the Child. If the parents cannot reach a mutual agreement on the amount of child support, the court determines the amount. The children’s needs and the financial situation of the father/mother who will pay support are taken into account.

We will help you get married or officially dissolve a registered marriage in Georgia within a short time without problems. Our lawyers will help you find the necessary documents and prepare and submit them. A court divorce or a divorce by mutual consent will not become a source of stress for you. We provide full legal support throughout the process.

You will receive a divorce certificate legalized for your country, either in person or via international express delivery to your address.

Every case is unique, so during the initial meeting we will discuss all the nuances and specifics of your matter. The cost of our services depends on the complexity of the process. To learn more about the services of the Lotus Wedding agency, call us, email us, or message us in a messenger app, or submit a request on the website. The first consultation is free.