Divorce in Russia

DEFAULT JUDGMENT

IN THE NAME OF THE RUSSIAN FEDERATION

March XX, 2013 St. Petersburg

The Justice of the Peace of St. Petersburg Judicial District № XX, XXXXXXXXXXXX, in the presence of the Secretary, XXXXXXXX, the plaintiff’s attorney Karina Krasnova, and the defendant’s attorney Anna Solovyeva,

in open court has considered the civil case initiated on the grounds of the action for divorce brought by XXXXXXXXXXXXXX (Plaintiff) against XXXXXXXXXXXXXXXXXX (Defendant), and has

DISCOVERED THAT:

Plaintiff has filed the action for divorce against Defendant.

The statement of claim states that the parties have been married since 2004. The marriage was registered by Marriage Palace № 2 of the Main Vital Records Department of St. Petersburg, register record number XXX. No children were born in the marriage. The plaintiff requests to dissolve the marriage claiming that the marriage is irretrievably broken, the marital relationship has ended and the parties have been separated for over a year. Though reconciliation is impossible, the defendant avoids dissolution of the marriage by Vital Record Authorities. There is no dispute concerning division of property.

The plaintiff was properly notified of the hearing but hasn’t appeared before the court; the plaintiff applied for trial of the case in his absence. The plaintiff is represented by Karina Krasnova, who submitted order № XXXXXX dated 03.12.2013.

The plaintiff’s attorney Karina Krasnova affirms the claims and insists on dissolution of the marriage referring to Art. 160, part 1 of the Family Code of the Russian Federation, according to which a marriage between a citizen of the Russian Federation and a foreign national can be dissolved in the Russian Federation in accordance with the laws of the Russian Federation. According to Art. 402, part 3, clause 8 of the Code of Civil Procedures of the Russian Federation, courts of the Russian Federation are entitled to try divorce cases, a party in which is a foreign national, provided that at least one of the spouses is a citizen of the Russian Federation. The defendant is a citizen of the Russian Federation; a copy of her passport was entered into the case file. The plaintiff’s attorney Karina Krasnova requests to dissolve the marriage and agrees to passing of a default judgment.

The defendant hasn’t appeared before the court; she was properly notified of the hearing but failed to notify the court of a valid excuse for nonappearance; she didn’t apply for trial of the case in her absence. The court has decided to try the case in the defendant's absence in accordance with Art. 233, part 1 of the Code of Civil Procedures of the Russian Federation.

According to the Defendant’s statement of defense (case file page 28), she resides in the United States of America. She objects to dissolution of the marriage as there is a property division dispute and the XXXXXXX Court, XXXXXXX County, New York, USA has been trying divorce case № XXXXXXX since 2012.

Taking into account the arguments of the Plaintiff’s attorney, who affirms the claims and insists on dissolution of the marriage, and the defendant’s arguments and based on the written materials of the case, the court has found that the plaintiff’s claims should be sustained.

The court took measures to reconcile the spouses in accordance with Art. 22, part 2 of the Family Code of the Russian Federation, i.e. a three-month reconciliation period was granted to the parties. The reconciliation measures failed and the plaintiff insists on dissolution of the marriage. No further statements of defense were received from the defendant and the plaintiff insists on dissolution of the marriage.

The court cannot take into consideration the defendant’s argument that she resides in the USA as the defendant is a citizen of the Russian Federation born in Leningrad and the marriage between the parties was registered in St. Petersburg. According to Art. 160, part 1 of the Family Code of the Russian Federation, a marriage between a citizen of the Russian Federation and a foreign national or between foreign nationals can be terminated in the Russian Federation in accordance with the laws of the Russian Federation.

According to Art. 160, part 2 of the Family Code of the Russian Federation a citizen of the Russian Federation residing outside the Russian Federation is entitled to dissolve the marriage with a spouse residing outside the Russian Federation in the courts of the Russian Federation irrespective of the spouse’s citizenship.

The Defendant’s argument that the XXXXXXXXX Court, XXXXXXXXX County, New York, USA has been trying divorce case № XXXXXXX since 2012 is unsound as according to Art. 220 of the Code of Civil Procedures of the Russian Federation, the court shall terminate proceedings if a final judgment was passed by other court in the proceedings, in which the subject matter, the grounds and the parties are the same, or if a court ruling was made to terminate proceedings due to the plaintiff’s waiver of claims or conclusion of an amicable agreement by the parties.

The court has established that no judgment has been passed in the mentioned US divorce proceedings, and the defendant does not contest this fact. Moreover, according to Art. 409, part 1 of the Code of Civil Procedures of the Russian Federation, foreign court decisions are recognized and executed in the Russian Federation if it is provided for by a relevant international treaty concluded by the Russian Federation.

The defendant’s argument that there is a property division dispute between the parties has not been confirmed by any evidence. The court granted the three-month reconciliation period. No additional information was received from and no counter claim (including a property division claim) was made by the defendant during that period, at the same time, the plaintiff insists on dissolution of the marriage. The court also takes into consideration the fact that marriage and maintenance of marital relations is a voluntary act of two persons that depends only on their will. Any spouse has a right to terminate marital relations, wherefore the court has come to the conclusion that the plaintiff’s claims should be sustained because the marriage between Parties is irretrievably broken and it cannot be saved unless both spouses want it. Therefore, the marriage shall be dissolved even if one of the spouses is against the dissolution.

Based on the above the court has come to the conclusion that the marriage cannot be saved, which is why it shall be dissolved.

According to Art. 22, part 1 of the Family Code of the Russian Federation, a marriage shall be dissolved by court if reconciliation measures failed and one of the spouses insists on dissolution of the marriage.

The abovementioned facts constitute sufficient grounds for satisfaction of the plaintiff’s claim for termination of the marriage.

Based on Art. 18, 21-22, 160 of the Family Code of the Russian Federation, and Art. 167, 119, 194-199 of the Code of Civil Procedures of the Russian Federation the Justice of the Peace does hereby

RESOLVE TO:

dissolve the marriage between XXXXXXXXXXX and XXXXXXXXXXXXX registered by Marriage Palace № 2 of the Main Vital Records Department of St. Petersburg, register record number XXX.

The defendant is entitled to apply for review of this default judgment within seven days from the date of delivery of a copy hereof to her.

This default judgment may be appealed by the parties within one month from the date of expiration of the period established for filing of an application for reversal of this judgment by the defendant or (if such application is filed) within one month from the date of the court’s decision to dismiss the abovementioned application for reversal.

Justice of the Peace /Signature/

Seal

True copy

Justice of the Peace /Signature/

Secretary /Signature/