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Family Law: divorce proceedings, conclusion of marriage (Russia)
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Question

Thank you for your e-mail. It is reassuring that there is an expert in St Petersburg who can handle my possible divorce and your fees are reasonable. The divorce proceedings could probably only start in September, when my husband is due to visit the UK and I can inform him face to face.

Before I start the process though, I am also interested to know whether a divorce would still protect any claim my son would have on his father's estate, or whether I would have any claim during the divorce proceedings on behalf of my son.

My son was born in the UK (and is a British citizen), but also has a valid Russian (external) passport and Russian citizenship, and is registered at the address of my husband's flat in St Petersburg (which my husband owns and where he is also registered).

I have the marriage certificate and my son's birth certificate already officially translated and apostiled, but would be grateful if you could send me a sample of the apostiled Power of Attorney document you would need from me to start the process.

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Answer

Divorce is not connected directly with property rights of child. If child owns property in Saint-Petersburg, the divorce of parents will not affect his rights. If child is only registered at place of residence of his father, in this case father can file to court to cancel his registration because the child lives in other place and in other country. If husband files such suit, you will need a housing lawyer in Saint-Petersburg.

I cannot send you a pattern Power of Attorney because I prepare each Power of Attorney individually. The text of Power of Attorney for your case I will prepare and send you if we start common working. A template Apostille there is in attached file.

Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
Karina Duvall
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