Uncontested divorce at the Public Service Hall, without court: what to do under Georgian law

What to do

1. No dispute? If there is a dispute — court; otherwise — civil acts registration authority (Civil Code of Georgia, Art. 1123). Children do not stand in the way if the parents agree; if there is no agreement on children and maintenance, the court decides (Civil Code of Georgia, Art. 1128). Foreigners: one of the spouses must be a citizen of Georgia or hold a residence permit, or the marriage must have been registered in Georgia (Law on Civil Acts, Art. 55).
2. Where: Public Service Hall (Public Service Development Agency); a notary also registers the divorce (Law on Civil Acts, Art. 4); abroad — a consulate of Georgia (Law on Civil Acts, Art. 4). How: the spouses submit the application jointly (Law on Civil Acts, Art. 56); documents: identity documents of both spouses and the marriage certificate (Procedure for Registration of Civil Acts, approved by Ministry of Justice order, Art. 43). A spouse abroad: the signature of the absent spouse is certified by a notary (Procedure for Registration of Civil Acts, Art. 43), or a representative with powers acts on their behalf (Procedure for Registration of Civil Acts, Art. 43) — a power of attorney issued at a consulate, or with apostille and translation.
3. Timing: registration takes place after 5 working days from the application (Law on Civil Acts, Art. 60); if at least one spouse withdraws in that period, there will be no registration (Law on Civil Acts, Art. 60). The marriage ends from the registration (Law on Civil Acts, Art. 61).
4. Surname: a spouse may restore their premarital surname directly at the registration of the divorce or later; the marital surname may also be kept (Law on Civil Acts, Art. 59).
5. Property and maintenance are not divided by the Public Service Hall — this is done by agreement (notarised) or by the court; the limitation period for division of property is 3 years (Civil Code of Georgia, Art. 1171).
6. Where to apply: Public Service Hall; notary; consulate of Georgia.
7. Evidence: identity documents of both spouses, the marriage certificate, a notarised signature or the absent spouse's power of attorney, the agreement on children and maintenance.
8. Pitfalls: going to court without a dispute; considering the marriage dissolved from the date the application is filed; postponing the division of property and missing the limitation period.

Be sure to check

• without a dispute (including children and maintenance) the divorce is handled at the Public Service Hall or with a notary, without court, on a joint application
• registration after 5 working days if no one withdraws; the marriage ends from the moment of registration
• a spouse abroad — a notarised signature on the application or a representative under a power of attorney; consulate of Georgia
• surname — keep or restore the premarital one; property and maintenance — separately (by agreement or in court), with a 3-year limitation period for division