Dear Karina Markovna,
The application of your client for registration of divorce based on the judgment of the Department of Family Cases of the Circuit Court of Cook County, Illinois, USA, has been considered.
Please be informed that according to Art. 25 of the Family Code of the Russian Federation a divorce is subject to state registration in accordance with the procedure established for state registration of acts of civil statuses.
Herewith, the applicable laws provide for special procedure for acknowledgment and enforcement of the documents issued by competent authorities of foreign states (including foreign divorce judgments) on the territory of the Russian Federation.
According to Art. 415 of the Code of Civil Procedures of the Russian Federation foreign judgments of termination or annulment of marriages between a citizen of the Russian Federation and a foreign national are recognized in the Russian Federation and do not require any further proceedings (i.e. registration by Civil Records Authorities) in case at least one of the spouses resided outside the Russian Federation at the time of the proceedings.
According to clause 3 of Art. 160 of the Family Code of the Russian Federation termination of a marriage between citizens of the Russian Federation and foreign nationals outside the Russian Federation is recognized in the Russian Federation in case such termination complies with the laws of the relevant foreign state that regulate the activities of the competent authorities that took the decision on termination of the marriage and other applicable laws.
According to Art. 13 of Federal Law № 143-ФЗ “On Vital Records” dated 11.15.1997 the documents issued by competent authorities of foreign states as a confirmation of civil statuses of citizens of the Russian Federation, foreign nationals and stateless persons 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.
Based on the above, the judgment of the Department of Family Cases of the Circuit Court of Cook County, Illinois, USA, dated 12.29.2010 is the document issued by the competent authority of the foreign state as a confirmation of termination of the marriage and it is recognized as such on the territory of the Russian Federation without any additional proceedings, i.e. it doesn’t require state registration by Civil Records Authorities.
Please also be informed that in case of registration of a marriage by Civil Records Authorities in the Russian Federation the abovementioned judgment will be accepted as a document certifying termination of the previous marriage.