Marriage in "Diya": why the digital triumph of Ukraine is becoming a legal trap abroad

Ukraine has become the first country in the world to offer the option of getting married entirely remotely—via video call on the “Diya” app. This is a true technological breakthrough that allows couples to remain legally married even when they are apart or in a war zone. However, outside of Ukraine, this digital convenience often runs up against harsh bureaucratic realities.

For those planning to use a “digital” marriage certificate for emigration, family reunification, or processing documents in Europe and the U.S., this innovative format could lead to serious legal problems.

1. International conflict: The “Physical presence” principle

For most countries around the world, marriage is not merely an entry in a registry but an act requiring the personal presence of both spouses before an official (Physical Presence).

• United States and Canada: The immigration laws of these countries are based on strict verification of the validity of the union. “Proxy” marriages or marriages conducted via video link are often deemed invalid for immigration purposes if the couple was not physically present in the same location at the time of registration or did not confirm cohabitation afterward.
• Germany, France, Italy: European law is based on the principle of “public order” (ordre public), which requires the personal presence of the bride and groom. A remote procedure via “Diya” is considered non-compliant with the national regulations of these countries.

2. Real-life case: retroactive annulment of marriage

In practice, Ukrainians are already facing the disastrous consequences of digital marriages. Let’s consider a typical situation that recently gained widespread attention:

A couple living in Germany got married online through “Diyu.” At first, German authorities accepted the certificate without question. However, while processing documents after the birth of their child, the authorities decided to conduct an additional check. The couple was required to confirm that they were physically present in Ukraine at the time of registration.

Since there were no border-crossing stamps in their passports, the German authorities retroactively annulled the marriage. This created a vicious cycle: in Germany, the couple is considered unmarried, but to re-register, they need a certificate stating they are not married in Ukraine. It is impossible to obtain this certificate because they are officially married in Ukrainian records. Add to this the recalculation of taxes and insurance payments for the entire period of the “invalid” marriage—and the digital service turns into a legal trap.

3. The “Digital Office” issue and the apostille deadlock

In marriage certificates issued remotely, the “place of registration” field lists “Digital Office.” For a foreign official accustomed to territorial references (a specific city, district, or civil registry office address), the absence of a physical location for the institution in the document appears suspicious.

But the most significant obstacle is the Apostille. According to the Hague Convention, the Apostille certifies the authenticity of an official’s signature. However, holders of certificates from the “Digital Office” are receiving mass denials of Apostille certification from the Ministry of Justice of Ukraine.

What is the reason?

• Lack of signature samples: The apostille procedure involves physically verifying the signature on the document against a sample in the database. Samples of electronic signatures of “Digital Office” officials are often missing from the Ministry of Justice’s archives, which are required for international legalization.
• Technical non-compliance: Although the document is printed on official letterhead, its format often does not meet the conservative requirements of the Hague Convention.

Without an Apostille, such a certificate has no legal force abroad. It remains a document “for internal use only.”

4. How can you resolve the issue and legalize your status?

If you have already gotten married through “Diy” or received a certificate through “Digital Office,” but plan to use it abroad, you must rectify the situation by obtaining a paper duplicate through the traditional method.

Steps for international recognition:

1. Obtaining a duplicate certificate: You must request a paper duplicate bearing the physical signature of the head of the specific Civil Registry Office department and an official wet seal.
2. Apostille for the duplicate: It is on this document that the Ministry of Justice affixes the Apostille without any issues, since the signatures of the actual heads of the Civil Registry Offices are in the database for verification.
3. Certified translation: After the Apostille is affixed, a translation is prepared for the destination country.

Conclusion

Digitalization in Ukraine is an incredible step forward, but the international legal system still operates in a world of physical signatures and in-person presence. If your goal is legalization abroad, the birth of children, or family reunification in the EU, the U.S., or Canada, it is worth ensuring you have a paper copy of the certificate with a “wet” seal in advance. If you or your loved ones find yourselves in the situation described, contact Enwolt’s specialists for a personalized consultation.