Divorce and marriage. Uzbekistan. Family law.

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"However fine our courthouses, however well-defined our constitutional ideals, however refined our legal processes, they are of little significance unless people in need can enjoy their benefit".

Contemplating divorce is always difficult. Whether you are sure you want to end your marriage or are still considering your options, it helps to learn the basics of divorce law and procedure. Should you conclude that divorce is necessary, it is very important that you seek the assistance of an experienced family law attorney with experience and knowledge of family law and divorce. Picking an attorney as soon as possible in the divorce process is one of the best ways to preserve your own long-term financial and emotional health. A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, a divorce will give each person the legal right to marry someone else, divide the couple's assets and debts and determine the future care, custody, and support of their children.

Family Law: divorce proceedings, conclusion of marriage (Uzbekistan)

Question:

I have been asked to assist a citizen of Uzbekistan. She had a marriage performed in Tashkent, Uzbekistan, 4-5 years ago to a US Citizen. She received a permanent Green Card and lived in the US for over 4 years. She is now in Uzbekistan and wishes a divorce. The husband is in the US.

She had a marriage ceremony performed in Uzbekistan about 5 years ago to an American citizen now residing in Oregon, USA. She is a citizen of Uzbekistan with a US Green Card - a permanent resident of the US.

I would appreciate any advice.

Answer:

The key moment in definition of an opportunity of addressing to a court for this women is her preset residence in Uzbekistan. If she lives and has registration in Uzbekistan, she can address to local court at any time. If at departure from Uzbekistan 5 years ago this women had received the passport for residing abroad and if she did not keep the registration in Tashkent, in this case procedure would be a little bit more difficult, but is also possible.

For the addressing to court it is necessary to pay a State fee, to bring an action with statement of the claim and attach the original of marriage certificate. The important question is that they have common children; it should be determined in judgment that the children will reside with their mother.

Other important thing for the case is the opinion of her husband about this divorce. If he agrees to divorce, in this case it should be fast if he addresses to court himself. Under the legislation of Republic of Uzbekistan no matter if he lives abroad and the other side is a resident of Uzbekistan - that is enough condition to address to the court. We can represent him in court in case of his consent. It will simplify divorce case and will reduce terms of consideration. If he gives the consent after his wife addresses to the court - in this case is should be a written consent from him to divorce from him. If the spouse does not consent to divorce, in this case the time to consider such case would increase to 6-9 months.

I have my partner in Tashkent. He is lawyer with wide experience of work. I have already discussed with him prospects of your divorce case. We will be glad to help you.

Karina Krasnova

Family Law: termination of parental rights, rights of the child, alimony. (Uzbekistan)

Question:

I live in Uzbekistan and my husband resides in Germany. We have got a joint daughter with him who is 5 years old at the present moment. I seized the court with the claim on recovery of the alimony payments in the city Tashkent but the judge recommended me to consult with a lawyer and considered that a legal decision in Uzbekistan will take me nowhere. Please could you explain to me if it is true and what I shall do?

Answer:

Coming from my experience and multi-year practice on cases connected with participation of foreign citizens and compatriots residing abroad I suppose that the judge is right: a treaty of legal assistance on civil matters and domestic proceeding is absent between Uzbekistan and Germany. It means that any decision or determination of the court of Uzbekistan is to get through a degree of jurisdiction of a foreign state. No decision will be received to performance on non-disclosure. Thus, if a result of proceedings on your case is a decision or determination on recovery of the alimony payments you will be really able to charge the alimony only after rendition of a corresponding legal decision. What is more, a decision of the German court on recognition and performance of the Uzbek court is to satisfy the canons of the international and national (German) right.

In case of adjudication by the Uzbek court you will be actually enforced to make a fresh start filing an application to the German court on recognition and performance of a decision of the foreign judgment. Actually, it is a double work.

At the same time, you have a possibility to recover the alimony payments in Germany appealing to the German court with a corresponding claim.

Karina Krasnova

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