Divorce order between Russian and foreign individuals

DIVORCE ORDER

IN THE NAME OF THE RUSSIAN FEDERATION

Justice of the Peace of Court Precinct, having reviewed in an open court session in the court precinct office the divorce case between the plaintiff [her name kept in secret], and the defendant [his name kept in secret],

HAS DETERMINED AS FOLLOWS:

The plaintiff filed a divorce case against the defendant.

In justification of this action, she explained that the City Clerk's Office of New York’s Marriage Registration Bureau registered marriage between the parties. Since that time, the partnership has broken and the spouses have lived separately for over two years. They do not have children in the marriage, nor any property disputes.

The plaintiff did not attend the court proceedings; she had been duly notified by the court of the place and time of the hearing, and she requested for the matter to be decided in her absence.

The defendant did not attend the court proceedings; he had been duly notified by the court of the place and time of the hearing, and he requested for the matter to be decided in his absence. According to his statement, he does not oppose divorce, but he believes that the family has been broken because of the plaintiff.

Having examined the case, The Justice of the Peace concludes as follows:

Pursuant to Article 2 of the Russian Federation Family Code, family laws stipulate procedures for the exercise and protection of familial rights, terms and procedures of entering into marriage, termination of marriage and divorce, regulation of individual non-proprietary and proprietary relations between family members (i.e. spouses, parents and children), and in the cases and within the limits provided for by the family laws between other relatives and other persons, set forth procedures of identification of children left without a parent’s case, including forms and procedures of their placement in a family or temporary placement within organizations in charge of orphans and children left without a parent’s care.

Pursuant to Article 158 of the Russian Federation Family Code, marriages between Russian citizens, and marriages between Russian and foreign citizens which were registered in the foreign country in compliance with foreign legislation, are valid in the Russian Federation with exceptions for preventing circumstances as prescribed by Article 14 of the Family Code of the Russian Federation (Part 1).

Marriages between foreign citizens concluded outside the territory of the Russian Federation in compliance with the legislation of the state on the territory of which they are concluded are recognized as valid in the Russian Federation (Part 2).

The court has determined, following this case, that the marriage between the plaintiff and the defendant was registered by the City Clerk's Office of New York’s Bureau of Marriage Registration. The parties do not have joint children.

Pursuant to Part 2 of Article 16 of the Russian Federation Family Code, marriage may be terminated by divorce.

Pursuant to Article 21 of the Russian Federation Family Code, divorce is carried out in court if the spouses have joint minor children or in the case of a contested divorce. The divorce also should be granted if one of the spouses, despite the absence of any opposition, refuses to administrative divorce through the civil registrar’s office.

Pursuant to Part 1 of Article 23 of the Russian Federation Family Code, in the case of uncontested divorce, the court grants divorce without finding grounds for the divorce. Spouses may incorporate an agreement on children by Part 1 of Article 24 of the Family Code of the Russian Federation. If there is no such agreement, or if the agreement violates the children’s interests, the court shall take measures to protect their interests in accordance with Part 2 of Article 24 of the Family Code of the Russian Federation.

The parties have lived separately for an extended period of time, and do not share a household together. The defendant does not oppose divorce, and there are no property disputes.

THEREFORE, the court decides to grant the divorce.