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International Divorce in Russia

DIVORCE JUDGEMENT
OF THE NAME OF RUSSIAN FEDERATION

Judge of Court district №210 of Saint Petersburg Baranova E.V. by the secretary Rasskazova A.U. with Plaintiff [the name keeps in secret] (Plaintiff, wife) have considered in public court hearing civil case of divorce by complaint of Plaintiff to Defendant [the name keeps in secret] (Defendant, husband),

ESTABLISHED:

The wife addressed judge with complaint to the husband to terminate the marriage, stated that she entered into the marriage with Defendant on June 26, 2013; parties do not have unemancipated children as a result of the marriage. The marriage has broken down irretrievably since April, 2016, there are no economic issues; parties live separate and apart from each other and further mutual life is impossible.

Plaintiff appeared in court, supported the claims, requested fulfill her claims and stated, that on February 27, 2016 Plaintiff and Defendant entered into Settlement Agreement, defining property right of spouses and determining termination of the marriage between parties in Russian Federation.

Defendant was aware of the intention of Plaintiff to terminate the marriage, because Plaintiff personally sent Verified Complaint to the Defendant to his address. Verified Complaint has been received by Defendant, which can be proved by a postal receipt.

Defendant failed to appear in court hearing, although, he was served properly with place and time of court hearing by postal correspondence (page 19). Court considers possible according to article 167 of the Civil Procedural Code of Russia to proceed the hearing in the absence of the Defendant.

Court considered the facts and explanations of Plaintiff, decided the following:

According to part 1 article 160 of the Family Codex of RF dissolution of the marriage between citizens of Russian Federation and foreign citizens on the territory of Russian Federation implement in accordance of legislation of Russian Federation.

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Custody issues in Immigration Law

Divorce supposed to be granted by the court if the judge found that the further marital life of the spouses and the retention of the family is not possible (Art. Art. 21, 22 of the Family Code). Impossibility of marital life is the only and sufficient condition to judge decided to divorce. In contrast to American family law, the Russian court during divorce is not obliged to decide other issues related to divorce, such as defining the place of residence of the children, child support, spousal support, division of property, and etc. In accordance with the family law of the Russian Federation, these issues can be solved separately from the divorce proceeding: it can be decided before, during, or after the divorce. Read More »

Divorce, Custody, and Visitations issues in Russia

On the [confidentially] Federal Court in Moscow had considered a civil case in regard to Claim made by Mr [confidentially] to Ms [confidentially] in regard to dissolution of marriage and access to the child, counter claim made Ms [confidentially] to Mr [confidentially] in regard to the child’s place of residency and child maintenance and third party’s claim made by Mr [confidentially] in regard to access to the child. Read More »

Karina Duvall

CONCLUSION:

Based on the above, guided by Art. 36 of the Family Code of Russian Federation, Articles 209, 549 of the Civil Code of Russian Federation, Art. 2 of the Federal Law № 122-FZ dated July 21, 1997 "On state registration of rights to immovable property and transactions with it", I affirm according to the law, that the sale of property, owned by Mr. Smith, absolutely does not require the consent of his wife. Read More »

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The great advantage of the rule of forum non-convenience is its flexibility based on the facts and circumstances of each case. The rule rests upon justice, fairness and convenience... Read More »