DIVORCE

Answer:

According to Art. 81 of the Family Code of the Russian Federation in the absence of an alimony agreement, alimony payments to minor children shall be recovered judicially from children's parents on monthly basis: one forth of parents' income for one child, one third of parents' income for two children, half of parents' income for three and more children. The mentioned shares can be reduced or increased by the court in consideration of financial and marital status of the spouses and other noteworthy interests of the parties. The birth of a second child is a ground for reduction of the alimony amount. But judicial practice is ambiguous in such cases therefore the second wife shall recover alimony payments from her husband in order to reduce alimony payments to the child from the first marriage. A judicial decision on alimony payments to the child from the second marriage is a ground for reduction of alimony payments to the child from the first marriage to 1/6.

Karina Krasnova

Answer:

According to Art. 11 part 1 of the Family Code of the Russian Federation a marriage shall be concluded in the presence of a bride and a groom upon expiration of a month from the date of submission of an application to a civil records office. A civil records office is entitled to allow conclusion of a marriage prior to expiration of one-month term in case of exceptional circumstances, it can also extend such term to the maximum of one month. In case of exceptional circumstances (pregnancy, birth of a child, threat to life of any of the parties and other circumstances) a marriage can be concluded at the date of submission of an application.

Karina Krasnova

Answer:

According to Art. 80, 81 of the Family Code of the Russian Federation parents must support their minor children. Parents determine methods and forms of support. Parents are entitled to conclude an agreement with regard to supporting their minor children (alimony agreement). In case parents do not provide their minor children with financial support (alimony payments) such financial support shall be recovered judicially. In the absence of an alimony agreement, alimony payments shall be recovered judicially from children's parents on monthly basis: one forth of parents' income for one child, one third of parents' income for two children, half of parents' income for three and more children.
Art. 89-91 of the Family Code of the Russian Federation provides for alimony payments to support an unemployable wife (ex-wife) during three years from the date of child's birth. In the absence of an alimony agreement between spouses (former spouses), alimony amount shall be determined by court on the basis of financial and marital status of the spouses and other noteworthy interests of the parties, such amount shall be fixed and shall be paid monthly. According to the abovesaid a right to alimony payments depend not only on existence of a child under the age of three years but also on existence of a marriage (registered or terminated). In case child's parents have never been married child's mother doesn't have a right to alimony payments to support herself.

Karina Krasnova

Answer:

According to Art. 17 of the Family Code of the Russian Federation a husband is not entitled to initiate divorce proceedings during his wife's pregnancy and during the first year of their child's life unless he’s got wife's consent. This issue is also mentioned in Resolution № 15 "Application of laws in consideration of divorce cases" adopted by the Plenum of the Supreme Court on November 05, 1998. The first clause of the Resolution provides for the following: while noting divorce claims the courts shall take into account the fact that according to Art. 17 of the Family Code of the Russian Federation a husband is not entitled to initiate divorce proceedings during his wife's pregnancy and during the first year of their child's life without wife's consent. In case wife's consent is not obtained the court shall withhold noting divorce claims and in case such claims have been noted the court shall terminate the proceedings. The mentioned is not a preclusion to filing a divorce claim again in case the circumstances mentioned in Art. 17 of the Family Code of the Russian Federation ceased.
A divorce claim filed by a wife can be adjudicated irrespective of child's age. In case the husband disagrees the court is entitled to establish a reconciliation term not exceeding 3 months according to Art. 22 part 2 of the Family Code of the Russian Federation.

Karina Krasnova

Answer:

According to Art. 61 part 2 of the Family Code of the Russian Federation parental rights terminate when children reach the age of eighteen (legal age), minor children get married as well as in other cases when children obtain full legal capacity prior to reaching the legal age. Art. 80 part 1 of the Family Code of the Russian Federation obliges parents to support their minor children. Art. 85 of the Family Code of the Russian Federation provides for the only case when parents must support their children after the latter reach the legal age – in case children are unemployable (disabled). Studying in a higher education institution is not a disablement and doesn't entail an obligation to effect alimony payments.

Karina Krasnova

Answer:

According to Art. 87 of the Family Code of the Russian Federation adult able-bodied children are obliged to support their unemployable impecunious parents and take care of them. Alimony payments shall be enforced by action in case there is no alimony payment agreement. Alimony amount shall be determined by the court taking into consideration financial and marital status of parents and children as well as other noteworthy interests of the parties, such amount shall be fixed and shall be paid monthly. The court is entitled to take into account all adult able-bodied children of such parent irrespective of whether the claim has been raised against all or any of them.
Children can be relieved from their duty to support their unemployable impecunious parents in case it is proved that the parents deviated from performance of parental duties. Children are relieved from alimony payments to parents deprived of parental rights.

Karina Krasnova

Answer:

According to Art. 89, 90 of the Family Code of the Russian Federation spouses shall financially support each other. In case of refuse to render such support or in absence of alimony payment agreement between the spouses, an unemployable impecunious spouse is entitled to recover alimony payments judicially from his/her spouse having the required funds. A disabled impecunious former spouse who became disabled prior to divorce or within a year from the date of divorce is entitled to recover alimony payments from his/her spouse having the required funds. According to Art. 91 of the Family Code of the Russian Federation in case spouses (former spouses) do not reach agreement concerning amount of alimony payments, such amount shall be determined by the court on the basis of financial and marital status of the spouses (former spouses) and other noteworthy interests of the parties, such amount shall be fixed and paid monthly. A former spouse can be relieved from his/her duty to support his/her unemployable impecunious spouse or such support can be limited by time both during the marriage and after divorce in case spouse’s disability resulted from inordinate drinking, drug use, commission of an intentional crime; due to short period of marriage or disgraceful behaviour of a spouse claiming for alimony payments (Art. 92 of the Family Code of the Russian Federation).

Karina Krasnova

Answer:

According to Art. 15-17 of the Law of the Russian Federation № 114-ФЗ dated August 15, 1996 “Procedure of entry and exit from the Russian Federation”, sub article 5 art. 6.1 of the Instruction approved by Order N 310 “Approval of the Instruction on issue of passports to Russian citizens for purposes of entry and exit from the Russian Federation” issued by the Ministry of Internal Affairs on 26.05.1997, a right of a Russian citizen to depart from the Russian Federation can be temporarily limited in case he/she avoids fulfillment of obligations imposed on him/her by court (in this case – alimony payments) until complete fulfillment of obligations or unless the parties reach an agreement. Relatives’ consent is not provided for by the Russian Law. However you will be able to exit and enter the Russian Federation without father’s consent. Basis: Art. 20, 21 of the Law of the Russian Federation № 114-ФЗ dated August 15, 1996 “Procedure of entry and exit from the Russian Federation”.
New Zealand visa granting procedure is regulated by the laws of New Zealand. You should find out in the New Zealand Consulate whether unfulfilled obligations are a basis for visa denial.

Karina Krasnova

Answer:

According to Art. 107 part 2 of the Family Code of the Russian Federation alimony payments shall be recovered from the date of production before court. Alimony payments for previous periods can be recovered for a period not exceeding three years in case it is proved that measures to recover alimony payments were taken prior to production before court but the person obliged to effect alimony payments avoided the payment.

Karina Krasnova

Answer:

According to Art. 128 of the Family Code of the Russian Federation minimum age difference between an unmarried adoptive parent and an adopted child is sixteen years. Due to reasons considered by the court to be cogent the difference can be reduced. Age difference is not taken into account in case a child is adopted by a step father (mother).

Karina Krasnova

Answer:

I suppose that such requirement is lawful. Notwithstanding that the marriage is considered terminated from the date of divorce decree enforcement (Art. 25 of the Family Code of the Russian Federation) the divorce certificate is a final document certifying termination of the marriage. In order to obtain the divorce certificate you should submit an extract from the divorce decree, passport and pay a state duty to a Civil Records Office at the place of residence.

Karina Krasnova

Answer:

According to the general rule (Art. 34 of the Family Code of the Russian Federation) all property acquired during a marriage is considered to be common property of the spouses. According to Art. 256 part 1 of the Civil Code of the Russian Federation all property acquired during a marriage is considered to be common property of the spouses unless otherwise provided for by a marriage contract. A marriage contract is concluded when spouses want to establish a different ownership regime, e.g. they want to establish joint, participatory share or separate ownership to their common property, each spouse’s property or certain types thereof.

Karina Krasnova

Answer:

Conclusion of a marriage contract is regulated by the Family Code. According to Art. 40, 41 of the Family Code of the Russian Federation a marriage contract is an agreement between persons effecting a marriage or an agreement between spouses regulating property rights and liabilities of the spouses within marriage and in case of divorce. A marriage contract can be concluded with respect to both existing and future property of spouses. Spouses are entitle to define their rights and liabilities with regard to mutual support, means of participation in each other’s income, procedure for bearing family expenditures, define property that will be transferred to each spouse after divorce as well as include any other provisions regulating property relations of the spouses. Rights and liabilities provided for by a marriage contract can be limited by time or depend on happening or nonhappening of certain conditions. A marriage contract can be at any time amended or terminated by spouses’ agreement. All amendments and/or termination shall be executed in the same form as the marriage contract was. Unilateral invalidation of a marriage contract is not allowed. A marriage contract is considered terminated upon divorce unless otherwise provided for by the marriage contract.

Karina Krasnova

Answer:

According to Art. 41 part 1 of the Family Code of the Russian Federation a marriage contract can be concluded at any time during the marriage. Family legislation allows conclusion of marriage contracts prior to conclusion of marriages. But in this case the contract will come into force from the date of state registration of the marriage. According to Art, 1 part 2, 10, 41 part 1 of the Family Code of the Russian Federation a marriage can be concluded only by registration by civil records authorities; rights and liabilities of spouses originate at the date of state registration of the marriage by civil records authorities.

Karina Krasnova

Answer:

Purchase of property under a rent contract is a requited deal. According to Art. 34 of the Family Code of the Russian Federation all property acquired during the marriage is considered to be common property of the spouses. Property acquired during the marriage includes income of spouses, movable and immovable property acquired during the marriage irrespective of the fact whose name it was registered on or who contributed the money. Common property shall be divided in accordance with Art. 38 of the Family Code of the Russian Federation.

Karina Krasnova

Answer:

According to Art. 160-161 of the Family Code of the Russian Federation termination of marriages between Russian and foreign citizens or persons without citizenship as well as termination of marriages between foreign citizens in the territory of the Russian Federation shall be performed in accordance with the laws of the Russian Federation. Personal non-property and property rights of spouses are determined by legislation of a country of joint residence. In the territory of the Russian Federation personal non-property and property rights of spouses who do not have a place of joint residence are determined by the laws of the Russian Federation.

Karina Krasnova

Answer:

According to Art. 39 parts 1 and 2 of the Family Code of the Russian Federation spouses have equal rights in division of property unless otherwise provided for by a marriage contract concluded by the spouses. A court is entitled to adjudge a bigger share to one of the spouses taking into consideration minor children’s interests.

Karina Krasnova

Answer:

Alimony payments are possible only in case parents are incapacitated due to their age or disabled and need support. According to Art. 87, 88 of the Family Code of the Russian Federation adult able-bodied children are obliged to support their unemployable impecunious parents and take care of them. Alimony amount shall be determined by the court taking into consideration financial and marital status of parents and children as well as other noteworthy interests of the parties, such amount shall be fixed and shall be paid monthly. For the purposes of determination of alimony amount the court is entitled to take into account all adult able-bodied children of such parent irrespective of whether the claim has been raised against all or any of them.
Children can be relieved from their duty to support their unemployable impecunious parents in case it is proved that the parents deviated from performance of parental duties. Children are relieved from alimony payments to parents deprived of parental rights.
In case children do not take care of their unemployable parents and in case of exceptional circumstances (serious illness, parent’s injury, need for care payments and other) adult children can be obliged by the court to bear additional expenses incurred by such circumstances. Procedure and amounts of additional payments shall be determined by the court for each adult child taking into account financial and marital status of parents and children and other noteworthy interests of the parties.

Karina Krasnova

Answer:

The consent is required. According to Art. 130 of the Family Code of the Russian Federation parents' consent to adoption is not required in case they are:
- unknown or acknowledged missing by the court;
- acknowledged legally incapable by the court;
- are deprived of parental rights;
- do not live with a child and deviate from upbringing and supporting the child for more than six months due to excuses which the court considers unreasonable.

Karina Krasnova

Answer:

You are not entitled to change the procedure of alimony payments by yourself. According to Art. 60 part 2 of the Family Code of the Russian Federation, all amounts payable to a child as alimony payments, pensions, and allowances are disposed by parents and shall be used for support, upbringing and education of the child. Upon parent’s request the court is entitled to deliver a judgment allowing to transfer up to 50% of alimony payments to bank accounts opened in the names of minor children. This means that alimony payment procedure can be changed only by court decision and only within 50%. I think that you have very small chances to obtain such judgment.

Karina Krasnova