Mississippi Divorce in Russia is valid without additional requirements

DECISION

IN THE NAME OF THE RUSSIAN FEDERATION

July 15, 2010

XXXXXXXXXX Town Court of Moscow Region consisting of

Presiding Judge XXXXXXXXX

in the presence of Secretary XXXXXXXXXXX

in open court considered civil case № XXXXXX initiated upon appeal of XXXXXXXXXXXXXXXXXXXXX against actions of XXXXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region,

DISCOVERED THAT:

Applicant XXXXXXXXXXX appealed against actions of XXXXXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region, i.e. rejection to register the divorce.

The applicant stated that he had been married to XXXXXXXXXXXXXX (last name before marriage - XXXXXXXXXXXX) since May 28, 1982. On March 28, 2007 the marriage was terminated by judgment of Mississippi county court, USA. The judgment became effective; it was apostilled as required by the Hague Convention of October 5, 1961 and accompanied by notarized translation into Russian. The mentioned judgment is effective in the Russian Federation; it doesn’t require any additional legalization and shall be enforced on the territory of the Russian Federation without any further proceedings. The judgment was delivered in accordance with the laws of the United States of America. In order to enforce the judgment dated March 28, 2007 the applicant applied to XXXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region at the applicant’s residence with a view to register the divorce in accordance with the requirements of the laws of the Russian Federation as the RF laws provide for obligatory state registration of divorces and issue of divorce certificates. XXXXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region refused to register the divorce as it considered that the US judgment was final and it didn’t require registration on the territory of the Russian Federation. The applicant thinks that the rejection is unlawful as the judgment dated March 28, 2007 became effective, it has been recognized in the Russian Federation and therefore it is subject to state registration in accordance with the laws of the Russian Federation. Lack of the divorce certificate prevents him from exercising his rights, namely contracting a new marriage. Therefore, XXXXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region had to register the divorce in accordance with the established procedure and issue a divorce certificate to the applicant.

The applicant sustained his claims and added that the rejection was based on the reply of the Consulate of the United States of America stating that the judgment dated March 28, 2007 was final and wasn’t subject to state registration in the Russian Federation. Moreover, the Consulate of the United States of America is not competent to give estimation to the laws of the Russian Federation. The applicant also explained that at the time of termination of the marriage the applicant and XXXXXXXXXXXXXX were the citizens of the Russian Federation.

A representative of XXXXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region was duly notified of the time and the place of the hearing but didn’t appear before the court and filed a request for trial of the case in his absence. The representative objected the applicant’s claims in writing and explained that in reply to XXXXXXXXXXXXX application for state registration of divorce based on the judgment of Lafayette County Chancery Court, Mississippi, XXXXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region sent a request to the Consulate of the United States of America in Moscow with a view to find out whether the abovementioned judgment was subject to state registration. According to the received reply the judgment confirms termination of the marriage. US judgments of divorce are final and are not subject to state registration. The judgment dated March 28, 2007 is accepted as valid in the Russian Federation and doesn’t require state registration by Vital Records Authorities. Therefore, there are no obstacles to contracting a new marriage by XXXXXXXXXXXXX as the judgment dated March 28, 2007 is recognized as the document confirming the divorce.

After having heard the applicant and studied the materials of the case the court has come to the conclusion that the asserted claims are unfounded and shall be dismissed.

Based on the materials of the case it was established that:

XXXXXXXXXXXXXXX, citizen of the Russian Federation, is registered at XXXXXXXXXXXX Town, Moscow Region.

The marriage between XXXXXXXXXXXXXX and XXXXXXXXXXX was registered on May 28, 1982.

The marriage between XXXXXXXXXXXXX and XXXXXXXXXXXXX was terminated by Lafayette County Chancery Court, Mississippi, announced and established by the decree dated March 28, 2007. The judgment became effective upon announcement. The judgment was apostilled on March 17, 2010 and is accompanied by notarized translation into Russian.

On June 01, 2010, XXXXXXXXXXXXXX applied to XXXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region with a request to register the divorce based on the judgment dated March 28, 2007 and issue a divorce certificate.

On June 04, 2010, XXXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region sent a request to the Consulate of the United States of America in Moscow with a view to find out whether the judgment dated March 28, 2007 was subject to state registration by competent authorities.

According to the reply of the Consulate of the United States of America in Moscow dated June 08, 2010 court judgments confirm termination of marriages on the territory of the United States of America, such judgments are final and are not subject to state registration. An apostilled judgment doesn’t require any further consulate legalization.

Registration of the divorce and issuance of a divorce certificate was rejected by the letter of XXXXXXXXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region dated June 22, 2010 and addressed to XXXXXXXXXXXXX as the US judgment is final and is not subject to state registration.

After having considered XXXXXXXXXXXXXX request for registration of the US judgment dated March 28, 2007 by a Vital Records Office on the territory of the Russian Federation and issue of the relevant certificate, the court doesn’t find any grounds for satisfaction of XXXXXXXXXXXXXXXX request.

According to Art. 160 of the Family Code of the Russian Federation:

1. Marriages between citizens of the Russian Federation and foreign nationals or stateless persons as well as marriages between foreign nationals are terminated on the territory of the Russian Federation subject to the laws of the Russian Federation.

…3. Termination of a marriage between citizens of the Russian Federation or termination of the marriage between citizens of the Russian Federation and foreign nationals or stateless persons outside the Russian Federation is recognized in the Russian Federation in case it complies with the laws of the relevant foreign state regulating the competent authorities that took the decision on termination of the marriage and other applicable laws.

Based on Art. 13 of the Federal Law “On Vital Records”:

Documents issued by competent authorities of foreign states as a confirmation of vital records made with regard to citizens of the Russian Federation, foreign nationals and stateless persons outside the Russian Federation under the laws of the relevant foreign states are accepted as valid in the Russian Federation subject to legalization unless otherwise established by an international treaty signed by the Russian Federation.

According to the Hague Convention of October 5, 1961 signed by the Russian Federation on May 31, 1992 US judgments do not require any additional legalization on the territory of the Russian Federation provided that they are apostilled by competent authorities of the United States of America.

After having studied the reasonableness of the applicant’s claims the court has come to the conclusion that the abovementioned judgment of divorce is not subject to state registration on the territory of the Russian Federation since pursuant to the reply of the Consulate of the United States of America in Moscow the judgment of divorce confirms termination of the marriage on the territory of the United States of America and such judgment is final and is not subject to state registration by any competent authority of that country and since the judgment is accepted in the Russian Federation as valid as a valid document issued to a citizen of the Russian Federation as a confirmation of divorce under the laws of the United States of America.

The court cannot take into consideration the applicant’s statement that the judgment is subject to obligatory state registration by a Vital Records Office pursuant to chapter 4 of the Family Code of the Russian Federation and the applicant cannot contract a new marriage until the divorce certificate is issued. The court took into account the fact that chapter 4 of the Family Code of the Russian Federation and Art. 160 of the same Code regulate termination of marriages between citizens of the Russian Federation on the territory of the Russian Federation. In this case the marriage was terminated on the territory of the United States of America in accordance with the applicable laws which is why the provisions of chapter 4 of the Family Code of the Russian Federation are not applicable. The court agrees with the statement of XXXXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region that the apostilled judgment dated March 28, 2007 is the document certifying termination of the marriage between XXXXXXXXXXXXX and XXXXXXXXXXXXXX, it is not subject to state registration and a divorce certificate shall not be issued.

The applicant’s reference to the fact that the Directorate of the Federal Migration Service of Moscow Region will not make the relevant record in the absence of the divorce certificate doesn’t have legal effect.

Based on the above the court has found rejection of state registration of the marriage based on the US judgment dated March 28, 2007 by XXXXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region lawful and justified.

Based on Art. 258, 195-198 of the Code of Civil Procedures of the Russian Federation, the court does hereby

RESOLVE TO:

Dismiss XXXXXXXXXXXXXX appeal against actions of XXXXXXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region, i.e. rejection to register the divorce, and dismiss XXXXXXXXXXXXXX request to oblige XXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region to register the divorce and issue the divorce certificate.

This judgment may be appealed in Moscow Region Court through XXXXXXXXXXXXX Town Court within 10 days from the date of the judgment.

Presiding Judge /Signature/

Judge /Signature/

Secretary /Signature/

Seal: (XXXXXXXXXXXXX Town Court, Moscow Region)