The Husband filed divorce case against the Wife referring to the fact that the Parties he has been married since March 3rd, 2019, as registered by the Municipality of Larnaca, Republic of Cyprus. In substantiating the divorce action, the Plaintiff indicated that the actual family relationship between him and the Defendant had not been started, since the marriage was registered during the holiday in the Republic of Cyprus, they have no joint children from the marriage. Since the marriage in 2019, the spouses have lived separately, the plaintiff in the USA, the Defendant in the Russian Federation.
The Plaintiff did not appear at the hearing, was duly notified, he requested to consider the case in his absence, did not object to the consideration of the case in his absence.
The Defendant did not appear at the hearing, was duly notified about the time and place of the hearing, she failed to inform the court about the reason for her failure to appear, and therefore, with the consent of the Plaintiff, the court decided to consider the case in the absence of the Defendant by way of default proceedings.
Having examined the case file, the court considers the claims to be justified and subject to satisfaction on the following grounds.
In accordance with Article 21 of the Family Code of the Russian Federation, the divorce will be granted if one of the spouses, despite the absence of any objections, refuses to file administrative divorce application to the civil registrar’s office.
In accordance with Article 22 of the Family Code of the Russian Federation, the judge will grant divorce if the court determines that the future life of the spouses is impossible, and the family cannot be kept.
In accordance with Part 1 of Article 158 of the Family Code of the Russian Federation, marriages between Russian citizens foreign citizens which was registered in the foreign country in compliance with the foreign legislation are valid in the Russian Federation unless any preventing circumstances prescribed by Article 14 of the Family Code of the Russian Federation are exist.
By virtue of Part 1, Article 160 of the Family Code of the Russian Federation, a divorce between citizens of the Russian Federation and foreign citizens, as well as marriage between foreign citizens on the territory of the Russian Federation, shall be carried out in accordance with the laws of the Russian Federation.
According to Article 15 of the Treaty between the Union of Soviet Socialist Republics and the Republic of Cyprus on Legal Assistance in Civil and Criminal Matters, which was signed in Moscow on January 19, 1984, any Documents issued or certified in the prescribed form and affixed with the official seal of a competent state institution or an official of one of the Parties do not require any authentication in the territory of the other Party. This also applies to signatures on documents and signatures attested in accordance with the rules of one of the Parties.
Documents which in the territory of one of the Parties are considered as official documents shall also have the evidentiary force of an official document in the territory of the other Party.
In accordance with Article 56 of the Code of Civil Procedure of the Russian Federation, each litigant is responsible to prove the circumstances to which it refers as the basis for its claims and objections.
At the hearing, it was established that the Plaintiff and the Defendant are registered their on March 3rd, 2019 in the Municipality of Larnaca, Republic of Cyprus. They have no joint children.
The court established that the family cannot be kept because the parties refuse to live together. They have no dispute about the division of property. The defendant did not take any measures to keep the family, she did not present any objections against divorce, and therefore the court considers satisfying this divorce action.