A cross-border divorce is the end of a marriage with a foreign element: the spouses live in different states, the marriage was registered abroad, or the divorce has already taken place outside Georgia. The law on the registration of civil acts precisely defines when and how a Georgian organ registers a divorce, from which moment the marriage is considered terminated, and how Georgia recognises an act registered abroad. This page explains these rules for couples located between two states and shows what documents and steps the Georgian part of the process requires.
The Mandatory Registration and Competence
For a divorce, its registration by the civil acts registration organ is mandatory. For the registration, the organ must be presented with an application of an authorised person; a divorce may also be carried out on the basis of a court decision presented in the manner established by law. The procedure for the registration of a divorce is determined by an order of the Minister of Justice of Georgia.
The law draws the competence of the Georgian organ clearly: the civil acts registration organ carries out the registration of a divorce if one of the spouses is a citizen of Georgia or holds a residence permit in Georgia, and also where the marriage was registered by an authorised organ of Georgia. This means that for a cross-border couple the Georgian registration is available where at least one of these conditions exists — a practical starting point for planning the whole procedure and for deciding which of the two states to use for the first step.
Who May Apply to the Organ
The right to apply to the civil acts registration organ with a request for the registration of a divorce belongs to the spouses wishing to divorce jointly, or to one of the spouses where: a court decision on divorce exists; the other spouse has been declared missing by the court; or the other spouse has been sentenced for the commission of a crime to deprivation of liberty for a term of at least 3 years.
In the cases provided for by Georgian legislation, the organ may also be addressed by a representative of the spouse wishing to divorce — the power of representation must be confirmed in the manner established by Georgian legislation. This is particularly important where the spouse is abroad and a personal visit is impossible: a properly formalised representation keeps the procedure moving without travel.