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Family law : divorce and division of property. (Russia)

Question

I am hoping you will be able to assist with what the correct process is to seek a legal separation from my wife who is Russian. Our circumstances are the following:

- I am a Dual Citizen of Australia and USA. I am resident in Australia; ex is in New York, soon to return to Russia
- Married in St Petersburg in 2008
- Separated for 1 year and 8 months
- Have no children
- Amicable separation
- Joint asset is an apartment in joint names in Australia

I have 2 main questions:

1. how I should dissolve the marriage, whether this needs to take place in Russia, Australia and United States?

2. How to formalize the separation of assets/wealth - I wish to propose an amount (which we agreed verbally) and ensure . What is law in Russia with regards to what she is legally entitled to. Ideally I wish to do this ASAP and prior to the divorce.

Please could you also confirm your services and how you could assist in drafting a separation letter, arranging legal divorce in Russia/UK.

thanks in advance.

Answer

International law gives you a choice of jurisdiction. Divorce in Russia is usually the most convenient for foreign citizens, because the Russian judge can grant divorce fast (in generally, 3-4 months), and independently from property issues.

I can help you with divorce in Russia. In order to get a divorce in Russia, please provide me Power of Attorney, and give me full information about your marriage.

I can prepare a property agreement also. If you reach agreement before divorce, the judge will incorporate this agreement to divorce case. If you can’t reach agreement, it is not preventing divorce procedure: you can do it later or file division property action against your wife.

You should bear in mind that, in accordance with Art. 24 Family Code of Russia, during the divorce procedure, the spouses can provide to the court property agreement. If this is not possible, any of you can file division property issues to court. However, when divorce is granted, the Russian court loses jurisdiction over foreign property (only Russian property) (see Art. 30 Civil Procedural Code of RF). In this case, you can divide Australian property in Australia only.

I will be glad to help you.
Karina Duvall
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