Divorce of foreigners in Georgia: what to do under Georgian law

What to do

1. Public Service Hall (no dispute; in a dispute — court; otherwise — civil acts registration authority (Civil Code of Georgia, Art. 1123)): the registration authority divorces only if one spouse is a citizen of Georgia or holds a residence permit, or the marriage was registered in Georgia (Law on Civil Acts, Art. 55). Two foreigners without a residence permit, whose marriage was registered abroad, will not be processed; without a lawful basis of stay only births and deaths are registered (Law on Civil Acts, Art. 10). With a residence permit — a joint application; registration after 5 working days from the application (Law on Civil Acts, Art. 60); foreign documents — with legalisation or apostille (Law on Civil Acts, Art. 11) and a translation.
2. Court: a Georgian court has jurisdiction if the defendant spouse has ordinary residence in Georgia (or one spouse is a citizen of Georgia) (Law on Private International Law, Art. 12), and also over the consequences of the divorce (children, property) (Law on Private International Law, Art. 12). If the defendant has left Georgia, the court may have no jurisdiction.
3. Applicable law: the law governing the general consequences of marriage applies to the divorce (Law on Private International Law, Art. 47); this is the law of the spouses' common citizenship, and then of their common habitual residence (Law on Private International Law, Art. 45). For two citizens of one country, this is their national law (for example, Russian law), not the Civil Code of Georgia. If the content of foreign law cannot be established, Georgian law applies (Law on Private International Law, Art. 3) — attach the relevant norms with a translation. Children — the law of the child's habitual residence (Law on Private International Law, Art. 49). Property — the same law, unless the spouses have notarially chosen another (Law on Private International Law, Art. 45); immovable property in Georgia — only a Georgian court (Law on Private International Law, Art. 10).
4. Result: the marriage ends from the registration of the divorce (Law on Civil Acts, Art. 61). Recognition of the divorce is decided by the law of the country of citizenship — check with its consulate before filing.
5. Where to apply: Public Service Hall (Public Service Development Agency); district (city) court; consulate of the country of citizenship.
6. Evidence: passports, residence permits, the marriage certificate with apostille and translation, the children's birth certificates, proof of the defendant's residence in Georgia, property documents.
7. Pitfalls: assuming the Public Service Hall will divorce any foreigners; expecting Georgian law to govern the divorce of citizens of one country; promising that the divorce will be recognised in the country of citizenship.

Be sure to check

• the Public Service Hall registers a divorce of foreigners only if one spouse has a Georgian residence permit (or citizenship) or the marriage was registered in Georgia; otherwise — court
• a Georgian court has jurisdiction if the defendant spouse has ordinary residence in Georgia; this extends to children and property
• applicable law — the law of the spouses' common citizenship; for children — the law of the child's habitual residence
• foreign documents — with apostille or legalisation and a translation; recognition of the divorce — under the law of the country of citizenship