DIVORCE

Answer:

Your marriage can be dissolved either in the USA or in Russia. I can provide legal assistance only in case of divorce in Russia because I am a Russian lawyer and I cannot provide advise about the law of USA or Korea. \nIf you would decide to divorce in Russia I can participate in the divorce proceedings in court and ZAGS (until you get divorce certificate). If the divorce proceedings will be initiated by you, it is required from you to have a Power of Attorney, your Marriage Certificate or its duplicate and a copy of your passport. From your wife in this case it is required to have agreement to divorce in written form. The Power of Attorney should be notarized and apostilled. \nThis Power of Attorney will allow me to act on your behalf. As a result, I will send you all needed documents and you will not have to go to Russia. With mutual agreement of husband and wife to divorce, this proceedings will be quick enough in Russia. \nAbout getting you daughter: unfortunately, I don't see this chance.

Karina Krasnova

Answer:

I am glad to receive the message from you again. But I don't clear understand you decision. What was you guided to start filing the divorce in the USA? I am in some doubt about that under the circumstances of your situation the divorce in America could be easier and cheaper than in Russia. It's because, for example, that your are going to pay for two lawyers, in the US and Russia. As far as I understand, you don't have your marriage certificate. And I suppose the divorce proceedings cannot be started without marriage certificate document. How did you resolve this? Are you going to address to me to get this document here? \nAnd also: as I have understood, do you need EITHER to find out address of your wife OR to publish the divorce? I.E. ONLY ONE ALTERNATIVE OF THE BOTH. Or do you need both of them to be done? What should be content of such advertising published? Should this ad be in Russian language? In Russia it is not required to publish a divorce. \nI still think that divorce in Russia is the best way in your situation. I am not sure that under these conditions the divorce in America is possible. And my fulfillment of your instructions could not be cheaper than divorce in Russia in total. Especially if you and your lawyer don't know exactly what ad should be published. I wouldn't like that you pay for void work. And I wouldn't like to share responsibility with a lawyer in the USA: it is easier for me to do all the work myself in Russia from beginning to end. \nPlease answer these my questions. Especially I am interested about your marriage certificate. After receiving of your answer I can reply whether I can help you.

Karina Krasnova

Answer:

I have big experience of dealing with divorce cases involving foreign citizens. \nIf you are interested in working with me I can send you a Power of Attorney document, which you'll need to notarize. Then you will need to have it apostiled by the Secretary of State. After that, the document becomes legal in Russia. After I receive the document back from you, I can start all the required actions in Russia, and in Moscow in particular. \nPlease let me know, who currently has the possession of your Marriage Certificate - you or your wife? If it's you then you will need to send it to me along with the Power of Attorney document. What is your opinion on whether or not your wife wants the divorce? \nI am ready to start working on your case and waiting for your response.

Karina Krasnova

Answer:

My colleague knows Russian law very well and has a long time experience in order to skillfully represent you in a court in Russia. \nBut he is not English speaking well enough to contact you for consultation. \nAnd I have found that you don't speak Russian in order to receive the consultation in Russian language. \nIn this case, if you are interested in getting the paid consultation, you can prepare a list of your additional questions. Then I send you detailed and elaborated advice in written form. \nHaving received this advice you can decide for yourself would you divorce in Russia or in Canada. \nIf you divorce in Russia, you can do all communications with me and my colleague can represent you directly in court in Moscow.

Karina Krasnova

Answer:

Yes, I have participated in divorce proceedings with foreigners. And of cause without the presence of foreign people at court. In order to start such work, it is required you get and send me a notary power of attorney with the apostille that allows me to do work in Russia on your behalf. A template of this power of attorney, my data and address I can e-mail to you after your request. At the same time you should send me the original of your Marriage Certificate. If you don't have, I can receive a copy here. \nBut before you send originals of the documents, it's required that you e-mail me a copy of your Marriage Certificate (as image file), data of your residence, and information about your wife's residence (if she doesn't live in Saint-Petersburg - her last address in Saint-Petersburg). Also please tell me do you (and your wife) have common children, and if do, please send also a copy of Birth Certificate.

Karina Krasnova

Answer:

According to Art. 85 part 1 of the Family Code of the Russian Federation parents must support their children after they reach the legal age only in case the children are unemployable (disabled). Studying in a higher education institution is not a disablement and doesn't entail an obligation to effect alimony payments. Correspondence and evening education allows a person to study and work at the same time. Obtaining higher education is a right of a citizen and parents do not have to support him/her in this case. Alimony obligations are considered terminated from the date a child reaches the legal age (18 years).

Karina Krasnova

Answer:

According to Art. 160 of the Family Code of the Russian Federation termination of marriages between Russian and foreign citizens shall be performed in accordance with the laws of the Russian Federation. You shall file a divorce claim to a court. I wouldn’t recommend you to conclude a new marriage prior to termination of this one as it may be held invalid (Art. 14, 27 of the Family Code of the Russian Federation).

Karina Krasnova

Answer:

The law is on mother’s side in this case. As you do not want to recognize you paternity voluntarily your child’s mother is entitled to file a claim. According to Art. 49 of the Family Code of the Russian Federation in case a child is born from unmarried parents and in absence of parent’s joint application or father’s application, paternity shall be established by the court at request of any of the parents, child’s guardian or at request of a person providing the child with financial support or at child’s request upon reaching the legal age.
Herewith the court accepts any evidence proving paternity. A result of a genetic test is sufficient for settlement of such claims. In case you are proved to be child’s father you will have to support the child until he/she reaches the legal age (18 years) according to Art. 80, 81 of the Family Code of the Russian Federation.

Karina Krasnova

Answer:

According to 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. Property acquired during the marriage includes income of spouses received from labour activity, entrepreneurial activity and intellectual activity, pensions, allowances and other monetary payments, movable and immovable property acquired during the marriage, securities, participatory interest, deposits, shares in capital contributed to credit organizations or other commercial organizations, as well as other property acquired by the spouses during the marriage irrespective of the fact whose name it is registered on or who contributed the money.
A spouse who didn't have personal income during the marriage due to housekeeping, upbringing of children or other justifiable reason also has a right to common property. You and your child are entitled to receive alimony payments. You child – 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 fourth of parents' income for one child. The mentioned part of income paid as alimony payment 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. In the absence of an alimony agreement between the parents and in case a parent liable to effect alimony payments has irregular, changing salary and/or other income or in case such parent receives his/her salary and/or other income in foreign currency or such parent doesn’t have any income and in other cases when recovery of alimony payments in terms of a share of income is impossible, difficult or violates interests of one of the parties, the court in entitled to fix an amount of monthly alimony payments or as a combination of a share of income and a fixed amount. A fixed amount shall be determined on the basis of saving maximum possible level of child’s former financial support level taking into account financial and marital status of the parties and other noteworthy circumstances (Art. 83 of the Family Code of the Russian Federation). You are entitled to recover alimony payments for your own support according to Art. 90 of the Family Code of the Russian Federation: “An ex-wife during pregnancy and during three years from the date of child's birth is entitled to recover alimony payments from her husband having necessary funds”. According to Art. 161 of the Family Code of the Russian Federation personal non-property and property rights of spouses who do not live together are determined by the legislation of the Russian Federation in the territory of the Russian Federation. According to Art. 163 of the Family Code of the Russian Federation rights and liabilities of parents and children including parents’ duty to support children are determined by laws of a country of their joint residence. In case parents and children do not live together rights and liabilities of children and parents are determined by laws of the country of child's citizenship. Laws of the country of child's permanent residency may be applied with regard to alimony obligations and other relations between children and parents upon plaintiff's request.

Karina Krasnova

Answer:

An advocate specializing in family cases and private international law can help you to solve this problem. In case of proper authorization he will be able to act on your behalf in the territory of the Russian Federation and you will not have to come to Russia.

Karina Krasnova

Answer:

It can be done in Russia by a civil records office at the place of residence in the territory of the Russian Federation.

Karina Krasnova

Answer:

According to Art. 26 part 2 of the Law of the Russian Federation "About Certificates of Civil Statutes" in case of persons intending to conclude a marriage can not appear in a civil records office for the purpose of filing a joint application, such persons can file separate applications. Signature of a person who can not appear in a civil records office shall be notarized. In your case he should certify his signature in a Russian Consulate in Canada. You can not file an application by virtue of a power of attorney.

Karina Krasnova

Answer:

During these 10 days you shall familiarize yourself with judge's decision. In case the judge delivered a judgment to terminate the marriage (Art. 21-23 of the Family Code of the Russian Federation) you can appeal the decision. In case the judge delivered a judgment to terminate the proceedings due to conciliation of the parties, you shall wait for entry of the decision into legal force upon expiration of the mentioned 10 days. In any case the judge can not return the application accepted by the court to you and must deliver a judgment. The case files that you will receive will show what kind of judgment the judge has delivered.

Karina Krasnova

Answer:

According to Art. 23 of the Family Code of the Russian Federation a marriage shall be terminated given mutual consent of the spouses having minor children or in case one of the spouses avoids termination of the marriage though he/she doesn't have any objections. A marriage shall be terminated by court decision upon expiration of one months from the date of filing the divorce application (that is why hearing of your case was appointed in a month). According to Art. 22 part 2 of the Family Code of the Russian Federation in case one of the spouses is against divorce the court is entitled to establish a reconciliation term not exceeding 3 months. According to art. 167 of the Code of Civil Procedures of the Russian Federation the hearing shall be postponed in case one of the parties of the case is absent and there is no information concerning notification of such party. In case the parties were notified about the time and the place of the hearing the court shall postpone the hearing if reasons of their absence are considered cogent. The court is entitled to hear the case in the absence of any of the parties in case such party was notified about the time and the place of the hearing and didn't give reasons of absence or such reasons were not considered cogent. The court is entitled to hear the case in respondent's absence in case the defendant was notified about the time and the place of the hearing and didn't give reasons of absence or such reasons were not considered cogent. The court is entitled to postpone hearing of the case on application of a party of the case on account of absence of his/her representative due to a cogent reason. As there are a lot of grounds for postponing, the case can be examined during a very long period of time and it is quite difficult to define time limits.

Karina Krasnova

Answer:

Full or partial waiver of legal capacity by a citizen and other deals aimed at incapacitation are considered void according to Art. 22 part 3 of the Civil Code of the Russian Federation.
Your agreement is void according to Art. 168 of the Civil Code of the Russian Federation as non-conforming the laws , in particular the Constitution of the Russian Federation and the Law of the Russian Federation № 5242-1 "Right of Russian citizens to freedom of movement and choice of residence in the territory of the Russian Federation" and the Family Code of the Russian Federation.
Therefore you do not have any legal basis to require termination of the sale/purchase contract and enforcement of other provisions of your void agreement. You can conclude a marriage according to Art. 12 of the Family Code of the Russian Federation, mutual agreement of a man and a woman to conclude a marriage and achievement of marriage age are the only requirements for conclusion of a marriage. A marriage can not be concluded in case any of the circumstances mentioned in Art. 14 of the Family Code of the Russian Federation exist, i.e. a marriage can not be concluded by persons in case one of them is married; such persons are immediate relatives, an adopter and an adoptee; in case one of them is declared legally incapable due to a mental disease. This list is complete.

Karina Krasnova

Answer:

Government Resolution № 873 "Procedure for issue of maternity (family) capital certificates" adopted on December 30, 2006 in accordance with Art. 5 of the Law of the Russian Federation "Supplementary measures of government support to families with children" approves the Procedure for submission of applications for issue of the maternity (family) capital certificates and issue of the maternity (family) capital certificates. According to par. 3 item «а» of the Procedure a right to the supplementary measures of government support is created when a child having Russian citizenship is born. A woman (a citizen of the Russian Federation) who gave birth to a second child on or after January 1, 2007 is entitled to receive the certificate irrespective of the place of her residence. A woman entitled to receive the certificate can apply to a territorial office of the Pension Fund of the Russian Federation personally or by representative at any time after creation of the right. An application shall be supplemented by documents (copies thereof certified in accordance with the procedure established by the law): identification document, document certifying residence of the person entitled to the supplementary measures of government support; documents certifying citizenship of the Russian Federation; documents certifying birth and citizenship of children. A territorial office of the Pension Fund of the Russian Federation shall verifies reliability of data contained in the documents, registers the application and render a written decision to issue or refusal to issue the certificate within one month; whereupon the certificate is issued. The following list of reasons for refusal is complete: lack of the right to the supplementary measures of government support; termination of the right to the supplementary measures of government support; provision of inadequate information including information about birth order or citizenship of a child; termination of the right to the supplementary measures of government support due to use of the supplementary measures of government support in full.

Karina Krasnova

Answer:

According to Art. 58 part 2 of the Law of the Russian Federation “About Certificates of Civil Statutes” a name can be changed by a civil records office locate at the place of applicant's residence or at the place of birth registration of a person changing his/her name. According to Art. 60 part 3 of the abovementioned law, upon receipt of a name change application a civil records office shall require copies of registrations of acts of civil status from a civil records office at the place of storage thereof. You shall receive a written refusal and appeal it in accordance with the established order.

Karina Krasnova

Answer:

An apostille is an international stamp necessary for ensuring document's validity in foreign countries (provided for by the Hague Convention of October 05, 1961). But an apostille is not required for relationships between Russia and Ukraine as according to Minsk Convention of 1993 a notarized translation of a document into Russian is valid in the territory of Russia. Second state registration of birth in the territory of Russia is not possible as the fact of birth has already been registered by Ukrainian authorities.

Karina Krasnova

Answer:

Yes it is. A citizen shall be registered in a consulate in case he/she doesn't have a place of residence in the territory of the Russian Federation.

Karina Krasnova

Answer:

According to Art. 5 of the Hague Convention of October 05, 1961 an apostille (a special stamp) shall be issued on application of a signatory or any holder of a document. Properly filled in apostille certifies authenticity of signature, signatory's capacity and authenticity of a seal or a stamp on a document. A signature, a seal or a stamp on an apostille do nor require certification. An apostille is required for the following documents: a) documents issued by an entity or an officer within government jurisdiction including documents issued by a public prosecutor's office, a court secretary or a legal executive; b) administrative documents; c) notarial acts. An apostille is required for the following documents: a) documents issued by diplomatic or consular agents; b) administrative documents directly related to commercial or customs transactions.

Karina Krasnova