DIVORCE

Letter to Family Court of United States

Pursuant to Art. 161, part 1 of the RF Family Code, personal non-property and property rights of spouses are governed by the law of the state within which they have a common place of residence.

The jurisdiction rules are established by the provisions of the RF Civil Procedure Code (articles 28-32), which stipulate that a lawsuit should be filed at the place of residence of the defendant. In a number of cases the law permits to consider the case at the plaintiff’s place of residence or at the place of property location. However in each case the law connects the judicial recourse with the citizen’s place of residence or place of property location.

The place of permanent or preferred residence is recognized as a citizen’s place of residence (Art. 20 part 1 of RF Civil Code). And the registration of a RF citizen on the Russian Federation territory is exclusively administrative: a person actually residing on the territory of Russia at least 183 days a year is a resident of the Russian...

Sur la juridiction: la lettre à la cour française

Madame le Juge aux Affaires Familiales,

Je représente les intérêts de monsieur Shon dans son divorce à St. Petersbourg.

Le ____________________ j’ai reçu le pouvoir signé par monsieur Shon pour le représenter durant son divorce à l’encontre de Mme Vasilieva à la cour de St. Petersbourg, dans le district numéro ________. Les audiences de ce cas ont été planifiées pour le _____________, ______________ et le ____________________. Les audiences ont été repoussées plusieurs fois à cause des réclamations de Mme Vasilieva indiquant qu’un divorce du même type avait lieu en France. Selon elle vous êtes chargé de cette affaire.

En tous cas, un document approprié prouvant ces réclamations n’a pas été représenté à la cour de St. Petersbourg. D’un point de vue légal il n’est pas raisonnable de croire que ce cas puisse être traité par vo...

About jurisdiction: letter to French court

I represent the interests of Mr. Shon in his divorce case in St. Petersburg.

Having received a Power of Attorney rights from Mr. Shon, I filed the court documents in the case seeking a divorce with the district court of city of St. Petersburg. The hearings in the case were scheduled on ______________, on _______________, and on ___________________. The hearings have been postponed several times due to the Mrs. Vasilieva’s claims that a similar divorce case is being heard in France. According to her, such a similar case is being handled by you.

However, an appropriate document proving such claims has not been presented in the court. From the legal stand point it would be reasonable to believe that the case can’t be handled by your court since it would be a violation of rules of judgment and be against the norms of international law. However, if it is indeed true that the case is being considered by your court, such fact would be the result of Vasilieva’s deceitful behavior:

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Divorce in Russia and American Pre-Nup

Each party of an agreement has a right to dispute the agreement.

Although on practice it's unlikely to do if there was no violations while concluding the agreement.

According to the Article 161 of the Family Code of the Russian Federation, the spouses' property rights and duties are defined by the law of the country where they have common place of living. In case of absence of the common residence, the jurisdiction is the country of their last common place of living. Property rights and duties of those spouses who did not have a common place of living are defined in the territory of Russian Federation by the law of Russian Federation.

By concluding pre-nuptial agreement, the spouses who do not have common citizenship or common place of living, can choose the law to be applied to define their rights and duties according to the pre-nuptial agreement. Please note that it is said in your agreement. In case when the spouses did not choose the applied law, there will be provisions of ...

Surrogate maternity

Surrogate maternity is regulated o the legislative level. Laws regulating surrogate maternity, rights and obligations of parties, vary from country to country. An important factor in conclusion of an agreement on the subject is understanding by the parties of obligations undertaken by the parties and possible consequences.

The first successful in vitro fertilization followed by an ECO program was the birth of the English woman Louise Brown in 1978. In 1986, the method of extracorporal fertilization (IVF) was successfully used in the USA.

In the CIS territory, the first case of surrogate maternity successfully started in 1991, when introduction of the process of auxiliary reproductive medicine resulted in the birth of the girl Katya. After the successful experience of Kharkov experts, IVF became widespread in the territory of the former USSR.

Since 1978, about three million children have been born all over the world using the IVF method.

Both in terms of using the IVF me...