Services are provided in native languages by bilingual attorneys: divorces, local and international, consultations about family matters by top experts, Hague Convention, child support, alimony, adoptions, wills and trusts, legalization of foreign divorces, registration and legalization of foreign documents, apostilles, mid-marriage agreements and prenuptials, restoration of vital documents, all matter related to the United States, former USSR territories, Europe, Israel and Australia.
Our offices in Moscow, St. Petersburg, Kyiv Tashkent, and New York continue to assist our current and future clients without interruption. When many places are closed many people are left without help or guidance. During this trying time our attorneys are able to assist 24 hours a day, 7 days a week, and offer free consultations or discounted rates as appropriate. Please contact us at karina.duvall@gmail.com
Family law : divorce and division of property. (USA)
?
Question

I'm an American married to a Russian woman for the past 7 years. We married in 2008 in Moscow and have lived in the Netherlands for the entire time. I bought properties during marriage with money I had earned long before marriage. These are mostly in another European country.

When I purchased them I was required to give wife's consent as I was married.

We are currently discussing divorce.

Will I be obligated to give her a portion of these properties by law under divorce settlement?

!
Answer

According to the Art. 24 of the Family Code of Russian Federation, when dissolving the marriage in court, the spouses may present for the consideration of the court an agreement about property dividing.

If the parties have not agreed, and also if the agreement infringes upon the rights of one of the spouses, the judge, upon the demand of Plaintiff or Defendant, can make division of the property, which parties acquired during their marriage.

However, you need to know that the Russian Court has jurisdiction over foreign immovable property only during divorce proceeding (Art. 24 of the Family Code of Russia). The Russian Court has no jurisdiction over foreign property separate from Divorce procedure. According to the Art 30 of the Civil Procedural Code of the Russian Federation, immovable property can be dividing by competent court where this property located.

So, the best way to you will be receiving the divorce in Russia without property issues. I will be glad to help you, and if I’ll handle your case, we try to avoid property issue during divorce procedure.

If the division of property in Russia is inevitable, then protect your rights will be possible on the basis of Art. 36 Part 1 of the Family Code of the Russian Federation, namely, the property which belonged to each of the spouses before his entering into the marriage, and also the property, received by one of the spouses during their marriage by way of inheritance or by other gratuitous deals, shall be his own property. So, in this case you have to proof that you had earned this money before marriage. But, I have to repeat, the best way for you just avoid property division by the Russian Court, because after divorce the Russian Court will lose jurisdiction over foreign property.

I will be glad to handle your divorce.

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
russian divorce services Payment by credit card
Divorce
The highest compliment you can pay me is the referral of a friend or a relative.
+1-212-205-2211 New York
+1-212-574-3288 New York (Fax)
+1-617-850-9199 Boston
+1-310-929-8444 Los Angeles
+7-495-662-8721 Moscow
+7-921-946-0582 St.Petersburg
+7-812-309-5697 St.Petersburg (fax)

Divorce in Russia ©

Copyright © 1998-2020

Russian attorney at law Karina Duvall.

Terms and conditions of Russian-Divorce PC

LI