Divorce from a foreigner: without his presence, with children

Marriage to a foreigner, which seems so rosy and happy, sometimes ends in divorce. Different mentality, attitude towards family, everyday life, each other, children, work, most often lies at the origins of mutual misunderstanding .

However, in practice, breaking up with a citizen of another state is not at all easy.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call the numbers below. It's fast and free!

Divorce from a foreign citizen in Russia

Russian legislation provides for the possibility of dissolving marriage ties with a foreigner, depending on the circumstances , in this way:

1. through the court;
2. in the registry office.

It is easier to file a divorce between citizens of the Russian Federation and foreign powers if the process takes place on the territory of the Russian Federation, then clause 1 of Art. 160 of the RF IC, and the work of the court is subject to Russian legislation.

If there is an international agreement between Russia and the country whose citizen is represented by the other half of the marriage union , then the divorce must take place within the framework of this document and according to the rules provided for in it.

It should be understood that divorce under Russian law may not be recognized in a number of countries . You can get by without any problems if you get a divorce in the same country where the marriage was concluded, then all the requirements will be met and the divorce will be legal.

Divorce in another country is recognized unconditionally by the provisions of the Family Code of the Russian Federation (clause 3 of Article 160 of the RF IC).

It matters whether there are children in the family. This complicates the divorce process with a foreigner.

Where to submit documents?

The fact that one of the couple is a citizen of another country will not prevent them from separating according to the laws of our country.

The fastest and easiest way to get a divorce is to contact the civil registry office (Article 19 of the RF IC), but this is only possible under the following conditions:

• the couple property claims against each other
• both family representatives agree to separate ;
• joint children in the family .

By submitting documents together to the registry office in the required amount, after 30 days you can safely receive the desired certificate; the foreigner will receive his copy in person. If the spouse is absent from the territory of the Russian Federation, then the separation can also be formalized through the registry office .

If there are insoluble contradictions regarding the division of property, you will have to collect documents to submit them to the court.

Divorce through the registry office without the presence of a spouse

• If everything has been decided regarding the divorce, but one of the spouses cannot personally come and submit a mutual application, then the other party can do this without him.
• To do this, you will need an application on behalf of the absent spouse , certified by a notary, and a separate application from the one of the couple who personally submits the entire package of papers to the registry office.
• If there are no offspring or if all the nuances with the division of property are resolved peacefully, the divorce will be filed in a month .

How to divorce a foreigner through court?

According to the legislation of the Russian Federation, the issue of ending a marriage with a foreigner is considered in court, regardless of where the couple lives. Documents will be accepted for production if:

1. one of the couple does not want a divorce;
2. minor children born in marriage ;
3. property claims against each other take place;
4. when trying to end a marriage through the registry office, the second spouse does not appear at the authorities.

But there are nuances in this issue, since family ties can be dissolved by a magistrate or district court .

We advise you to familiarize yourself with the specifics of divorce in the presence of a child under 3 years of age in this article and about divorce in the presence of minor children here.

Parting through a magistrate

According to a simplified scheme, you can solve the problem of divorce if:

• There are joint children who are not yet 18 years old in the family, but it was possible to agree on their place of residence and maintenance ;
• one of the spouses who is a citizen of another state does not want to separate and does not go to the registry office;
• the amount of undivided property does not exceed 50 thousand rubles.

Download the claim form for the Magistrates' Court here.

This path of divorce is shorter.

Consideration of the case in the district court (claim)

Filing a claim with the district court is the only way to obtain freedom from the bonds of Hymen when:

• there are common minor children, and it was not possible to come to a common denominator regarding their place of residence;
• property subject to division with a total value exceeding 50 thousand rubles.

The court may try to reconcile the spouses by assigning them a period of one to 3 months, after which the process will be completed by determining the place of residence of the children and dividing the property.

Peculiarities of divorce from a foreigner if you have children

1. The end of a marriage according to our laws almost always means that the children remain with the mother , but in many countries the point of view is the opposite.
2. Not only citizens of the USA and Europe, but also Muslims strive to take the child to their homeland.
3. The grounds for such actions are the laws of the countries where the marriage took place, and whether the children from the marriage are citizens of that country. A citizen of the Russian Federation may lose her children if:

1. the husband is a Muslim, whose descendants, in the event of a divorce according to Sharia, remain with their father ;
2. the marriage took place in another country , and there are children there who officially have the status of citizens of another state; Taking children across the border can be problematic.

In such situations, it is wiser to come with your children to your homeland, the Russian Federation, and try to end the marriage according to our legislation . But even if successful, it is too early to celebrate victory: the bonds can be considered completely broken only when it is recognized where the children’s father is from.

Receiving financial support for children , as well as your share of property if it is registered abroad, will also remain in question

A proxy represents the absent spouse

The process will be faster and easier in the presence of a foreign spouse, and in his absence - in the presence of his authorized representative, who will be able to represent the interests of the absent spouse in court, but only on the basis of a power of attorney .

To do this, the defendant must come to the Russian court, personally draw up a power of attorney according to all the rules and go home, then his representative will take his place. This option is preferable, since it does not waste time searching for the defendant in another country.

Exclusion of a marriage record from the register of a foreign state

Divorce must be brought to its logical legal end - register the document at the consulate of the country of which the spouse is a citizen.

Only after a certain time, having received confirmation from the consulate, can the marriage be considered dissolved. Changes must be made in the records books of another state regarding the marital status of the foreign representative of the couple, and after that the marriage will be terminated.

Arbitrage practice

Since creating families with foreign citizens is no longer a rarity and there are many such marriages, the number of dissolutions of family relationships has increased .

Example No. 1

Russian citizen L., having met German citizen H., formalized her marriage with the intention of going abroad. After 8 months, it became clear that living together was impossible , but X. did not agree to divorce.

The family did not have time to have children, and L., returning to Voronezh, submitted documents to the registry office. Since L. had neither a joint statement, nor a separately notarized statement from the foreign spouse, nor his documents, she was asked to contact the magistrate.

The magistrate granted the divorce. Having registered a document at the consulate, L. a month later received confirmation of a de jure divorce , without any material content, since the duration of the union did not exceed 3 years.

Example No. 2

Russian citizen V. is married to Ukrainian citizen Z., and the family has a 6-year-old son. Both spouses live in Russia. Having decided to separate by mutual consent, the couple could not decide with whom the child should live.

The court considered all the circumstances of the case and came to the conclusion that the bonds could not be preserved . The court decided to leave the child with the mother and determined the order of communication between father and son, and also ordered the payment of alimony. The Ukrainian consulate confirmed the divorce a month later.

• It is tempting to marry a foreigner, as it makes traveling abroad easier and a citizen of the Russian Federation has the opportunity to travel.
• But at the same time, if the marriage fails, getting a divorce will be a problem, especially if there are children together.
• To avoid complications in the future, it makes sense to draw up a prenuptial agreement that takes into account all the nuances in case of divorce: who the children will stay with, where to live, what to do with property.
• If you enlist the support of an experienced lawyer, you can quickly overcome the bureaucratic hassles of dissolving a marriage with a foreigner, even without the personal presence of the ex-spouse.
• Watch the video about the general rules for divorcing a foreign husband in Russia:

Source: https://2supruga.ru/razvod/procedura/obschaya/s-inostrantsem-bez-ego-prisutstviya.html

Divorce from a foreigner without his presence - divorce from a foreign citizen in Russia - how to divorce a foreigner without his presence and participation

Home / Divorces / How to divorce a foreigner in Russia without his presence?

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Citizens of a free country have the right to marry - both with their compatriots and with foreigners. However, it should be remembered that the procedure for concluding and dissolving an international marriage has its own characteristics. The peculiarities of divorce between Russians and foreigners in Russia will be discussed in this article.

The procedure for divorce from a foreign citizen in Russia

The procedures for concluding and dissolving marriages between Russian citizens and foreigners are regulated by the Family Code of the Russian Federation and are practically no different from the same procedures between Russians.

According to Russian legislation, marriages between Russians and foreigners can be dissolved by the civil registry office and the judiciary.

What is needed to divorce a foreigner in the registry office?

The easiest and fastest way to divorce a foreigner is to contact the civil registry office. The foreign citizenship of one of the spouses does not play any role when filing a divorce - the standard procedure for filing an application, state registration of divorce and, after 30 days, obtaining a certificate are carried out.

The conditions for a divorce from a foreigner in the registry office are the same as for a divorce from compatriots: mutual consent and the absence of common minor children.

What documents are needed to divorce a foreigner at the registry office? In addition to the joint application of the spouses, it is necessary to provide passports (or other identification documents), a marriage certificate, and a receipt for payment of state fees.

You can learn more about the conditions and procedure for divorce through the registry office here. Samples of divorce petitions can be found here.

How to divorce a foreigner in court?

• Divorce from a foreigner becomes somewhat more complicated if there are common minor children and in the absence of mutual agreement on the termination of family relations.
• The divorce process will be carried out in a Russian court - magistrate or district (depending on the circumstances of the case), if the foreign spouse is in Russia, since the statement of claim for divorce is sent by the plaintiff to the place of residence of the defendant.
• In addition to the statement of claim, a standard package of documents is submitted to the court, including a passport (or identity document), marriage certificate, agreement on the division of property, maintenance and upbringing of children, and other documents.

A month after accepting the statement of claim for processing, the court begins the trial of the case. If one of the spouses disagrees with the divorce or there is a possibility of saving the family, the court may set a period for reconciliation of the spouses of 1 to 3 months. If reconciliation does not take place, the court decides to dissolve the marriage.

Simultaneously with the dissolution of the marriage, the court can resolve disputes between the spouses regarding the place of residence and the procedure for raising children, alimony obligations, and the division of common property of the spouses.

You can learn more about the standard legal divorce process here. A sample statement of claim and rules for drawing up documents for divorce can be found here.

How to divorce a foreigner in Russia without his presence?

The options for filing a divorce described above are only possible if a foreign citizen lives in Russia. If he lives outside our country, the process of filing a divorce takes on additional features.

So, you can divorce a foreigner without his participation both in the registry office and in court.

Divorce in the registry office without the presence of a foreign spouse

If there are legal grounds for divorce in the registry office, a foreign spouse living outside of Russia must submit a personally written and notarized application for divorce to the registry office.

In this case, a standard divorce procedure is carried out at the registry office. The spouse living in Russia will be present at the state registration of divorce.

Another option is to file an application for divorce at the consular or diplomatic mission of the Russian Federation in the territory of residence of the foreign spouse.

Read also: Low-income large family: what should happen in 2020?

Divorce from a foreigner not residing in Russia through the court

If it is impossible to get a divorce through the registry office, there is a procedure for dissolving a marriage with a foreign citizen through the court. However, there are a number of difficulties here.

Firstly , you can file a claim for divorce only at the defendant’s place of residence. If a foreign citizen does not live in Russia, his place of residence can be indicated as his last place of residence or the location of his property. It must be indicated that the defendant’s new place of residence is unknown or travel there is impossible.

Secondly , the defendant must be notified of the filing for divorce and the conduct of the divorce process. It takes a lot of time to send documents and postal notices.

However, only if the defendant is familiar with the plaintiff’s request for divorce (and this must be documented), the court can begin divorce proceedings without his presence.

This way the rights of the absent party to the trial are respected.

A notarized petition to consider the case without his participation can significantly simplify the procedure for divorcing a foreigner. Another option is to issue a power of attorney to represent a foreign spouse in a Russian court, which will make it possible to divorce a foreigner without his participation, without violating his legal rights and interests.

The moment of official divorce

If a marriage between a Russian and a foreigner was concluded in Russia, the moment of its official dissolution (in the registry office or court) will be the moment of making changes to the civil registry book.

If the marriage was concluded in a foreign country and dissolved in Russia (in court), then the moment of its official dissolution will be the moment of recognition of the court decision in the country that registered the marriage.

Recognition of divorce - in the Russian Federation and other countries

Article 160 of the RF IC regulates the procedure for recognizing a marriage concluded between Russian and foreign citizens in another country, as well as the procedure for recognizing a divorce between them.

Thus, divorce from a foreign citizen in Russia is carried out in accordance with the legislation of the Russian Federation.

If the divorce occurred outside Russia in accordance with the laws of a foreign state, the divorce is recognized in the Russian Federation.

An important aspect of a divorce from a foreign citizen that took place in Russia is its recognition in the territory of another state.

Confirmation of the divorce is carried out in the relevant authorities of this state when the spouses submit all the necessary documents.

If the spouses do not have the opportunity to visit this state to file a divorce, they need to contact its consular or diplomatic mission in the Russian Federation.

Source: http://law-divorce.ru/kak-razvestis-s-inostrantsem-v-rossii/

Divorcing a foreigner without his presence, how to divorce a foreign citizen in Russia without his consent

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Marriages involving citizens of different states remain not the most common, but still a very common phenomenon in our country. Especially considering that foreign citizens are considered not only representatives of overseas states, but also of any countries of the former USSR - Ukraine, Belarus, etc.

If creating a family in this situation is practically no different from a similar procedure between Russian citizens, then divorce without the presence of a foreign spouse has a number of important features.

If a foreign citizen chooses a civilized form of divorce, he will ensure his presence at all stages. However, much more often the foreign spouse does it simpler - he leaves for his homeland and tries to remember family obligations in a foreign country as little as possible.

Is it possible to divorce a foreign citizen without his presence?

Can. The procedure for ending a marriage becomes noticeably more complicated in the absence of a foreign citizen, since he is deprived of the opportunity to appear in person at the registry office. However, the law regulates the possibility of obtaining a divorce even in such a situation.

Divorce with a foreign citizen is possible in the following ways:

• with his presence - according to the general rules of domestic law;
• without his presence in the registry office;
• without his consent and participation in court proceedings.

The conditions for divorce without the participation of a foreign citizen will differ depending on various circumstances, including the peculiarities of international legal regulation of family relations with the country where the foreigner lives. In this case, it is better to first enlist the support of an experienced lawyer by consulting right now online with the experts of our portal.

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Divorce in court without his presence

The presence of a foreign spouse outside of Russia will not be an obstacle to filing an application with the court. The general procedure for considering a case does not differ from the standard rules of legal proceedings in divorce proceedings. However, the following features must be taken into account:

• documents must be presented to the court at the last known place of residence of a foreign citizen in Russia, or exercise the right to file a claim at the place of residence of the spouse raising a minor child who lives with him;
• To carry out the process, it is necessary to serve the defendant with a copy of the claim and notice of the court hearing, otherwise the time frame for consideration of the case may be delayed for a long time.

If the foreign spouse turns out to be a conscientious person, he will easily confirm receipt of the documents and send a petition to the court for the opportunity to resolve the case in his absence. In the remaining part, the general rules of judicial divorce apply to the procedure for dissolving a marriage with a foreigner through the court.

Unfortunately, the procedure for filing a claim in a foreign court has a lot of difficulties, which are almost impossible to solve without the help of an experienced lawyer. If any controversial issues arise, you can right now seek a free consultation from our expert lawyers on the website.

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Divorce in the registry office without his presence

The presence of a foreign spouse outside the country significantly limits the rights to submit documents to the registry office. However, even without the participation of the second party, such a procedure can take place. In Art. 19 of the RF IC regulates three ways to terminate a marriage through the registry office without the need to submit an application from the second spouse:

• establishing the fact of incapacity;
• establishing the fact of unknown absence;
• imprisonment of the second spouse for a term of more than three years.

In the listed situations, divorce is allowed only by unilateral application without taking into account the position of the second spouse and in his absence.

However, for marriages with foreign citizens, there are two more options for terminating the marriage relationship in his absence:

• notarization of the application and signature of the applicant with its subsequent submission to the registry office;
• certification of the specified document through the diplomatic services of the Russian Federation abroad.

In this case, the application of the absent spouse will be equated to his personal application and will become the basis for divorce in the registry office in the absence of the foreign spouse.

How to divorce a foreigner through the registry office

Divorce with a foreigner through the registry office is carried out on the basis of a mutual application of the husband and wife.
In this situation, both spouses will be subject to the general rules of the domestic divorce process, regardless of their citizenship. To obtain a divorce through the registry office, it will be necessary to comply with the general conditions and procedure for filing an application, which are provided for in Art. 19 RF IC.

Conditions for divorce through the registry office

To submit an application to the registry office to terminate a marriage with a citizen of another country, it is necessary to determine the conditions under which this procedure will be possible. As for citizens of the Russian Federation, termination of family relations with the participation of a foreigner is possible in civil registry offices in the following cases:

1. there are no common children under the age of 18;
2. The husband and wife not only reached a mutual agreement on divorce, but both also personally appeared at the registry office and completed all the necessary documents.

The presence of these conditions will be recorded by the husband and wife in an application submitted to the registry office. If at least one of these conditions is absent, divorce proceedings will occur.

The existence of conditions for divorce through the registry office is not associated with disputes regarding the order of distribution of family property assets.
Even if a claim is filed for the division of joint property, the termination of family relations can be carried out through the registry office.

More information about the mechanism of divorce through the registry office can be found in the publication “Procedure for divorce through the registry office,” the information contained in which, in most cases, is applicable to divorce from a foreigner.

The procedure for divorce in the registry office

The procedure for registering a divorce from a citizen of another country through the registry office includes the following mandatory steps:

1. making a decision by husband and wife about the impossibility of continuing the marital relationship, as well as determining conditions that make it possible to do without a judicial procedure;
2. mutual submission of an application to a civil registry office employee, as well as the necessary documents (with the exception of the option of divorce without the participation of a foreigner);
3. waiting for the expiration of the 30-day period established by the RF IC for filing a divorce and giving the parties the right to withdraw the submitted application before the divorce is registered;
4. personal presence at the registration of the fact of termination of the marriage relationship of at least one of the spouses;
5. receiving documents with a divorce mark.

A mutual application of the husband and wife is submitted to the local registry office at the place of residence of one of the spouses or at the place of registration of the marriage.
The procedure is carried out after the expiration of 30 days from the date of submission of the necessary documents in the presence of at least one of the spouses.

An entry about the termination of the marriage is made in the registration book, a divorce stamp is placed on the original marriage certificate, and the parties are issued a certificate of dissolution of the marriage relationship.

Documents for divorce through the registry office from a foreigner

• Application in the prescribed form;
• Spouses' passports;
• Marriage certificate;
• Receipt for payment of state duty.

Simultaneously with the application, you must submit the original receipt of payment of the state fee in the amount of 650 rubles for each of the spouses.

How to divorce a foreigner without his presence or consent in court

The procedure for divorce through the court does not present any particular difficulties if the foreign spouse lives in Russia. In this case, you must perform the following steps:

1. file a claim with the court at the place of residence of the defendant or, if there are children living with the applicant spouse, at his place of residence;
2. ensure your presence at the court hearing or write a petition to consider the case in the absence of the plaintiff;
3. wait for the expiration of the period for reconciliation of the parties, if it is granted by the court;
4. obtain a court decision to terminate the marriage and present it to the registry office to issue a divorce certificate.

In such a situation, the trial will take place within the established time frame if the defendant has received a copy of the claim and is properly notified of the date of the hearing.

Failure to appear in court under such circumstances is not an obstacle to the trial of the case, even if the defendant has not stated his position - in such circumstances the court will simply make a decision in absentia.

If the foreign spouse does not agree and avoids appearing in court in Russia, does not receive court documents and in every possible way avoids contact with the court, long delays in the consideration of the case are possible.

The court will be forced to send a writ petition through the Ministry of Justice to the competent court of the country at the place of residence of the dishonest spouse, suspending the divorce proceedings. Such measures can delay the case indefinitely, from several months to a year.

That is why it is important to try to reach an agreement on divorce before going to court.

Completion of the divorce: from what moment will the marriage with a foreigner be dissolved?

Regardless of the conditions of the procedure for terminating family relations, its official moment is associated with the commission of certain legally significant actions. Such moments will be:

• in the event of the termination of a marriage registered on the territory of Russia - making a record of the divorce by the civil registry office;
• for marriages concluded abroad but dissolved in Russia - from the moment the decision is recognized in the state that registered the family relationship.

Recognition of the fact of termination of marriage is carried out by the authorized bodies of a foreign state after the presentation of legalized documents translated into Russian.

Difficulties in divorcing a foreigner

The process of divorce from a foreign citizen has many features that will be individual in each individual case. Those who decide to end their family relationship with a foreigner will face the following nuances:

• The need to determine the norms of international law governing family relations of Russian citizens with representatives of other states;
• Preparation of a claim in the courts of other countries, the need to comply with the laws of other countries;
• Procedural subtleties of divorce from a foreign citizen in Russian courts;
• Execution of an already rendered decision or recognition of a judicial act of a foreign court.

All these points practically exclude an independent divorce from a foreigner without his presence, and therefore it is recommended to seek qualified legal assistance in advance. Our portal's legal experts are ready to advise you online for free right now.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Read also: Replacing tax identification number when changing surname: through government services, after marriage, sample application

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Source: http://allo-urist.com/razvod-s-inostrantsem-bez-ego-prisutstviya/

How to divorce a foreigner in Russia

• Divorce itself is a process that takes some time, and divorce from a foreign citizen is an even more complex procedure and requires more time.
• The procedure for dissolving a marriage with a foreigner entered into in Russia has many nuances and features that must be taken into account for a favorable resolution of the case.
• Based on the principle of the validity of legal norms in space, the current legislation of the Russian Federation is applied to a foreign citizen entering into a marriage on the territory of Russia .

Marriage and termination of marriage relations with foreign citizens are regulated by the Family Code of the Russian Federation. This procedure is almost similar to the procedure for divorce between Russian citizens, which means divorce is possible both through the civil registry office and in court.

A very important point when divorcing a foreign citizen is recognition of the fact of divorce not only on the territory of Russia, but also on the territory of a foreign state.

Confirmation of the divorce occurs in the relevant authorities of another country upon presentation of all necessary documents or in consular offices and diplomatic missions located on the territory of the Russian Federation.

Divorce from a foreigner in the registry office

The easiest way to dissolve a marriage with a foreigner is through a divorce through the registry office. The divorce procedure in the registry office is quite simple, and the divorce takes place within a month, however, this procedure is possible only if the initiator of the divorce and his foreign spouse have no disputes about children or property and there is mutual consent to dissolve the marriage.

The fact that the other spouse is a citizen of some other state, subject to the above conditions, does not matter, and the divorce occurs according to the usual pattern.
To obtain a divorce from a foreign citizen in the Russian civil registry office, you must provide:

1. Joint statement of the parties;
2. Identity and citizenship documents;
3. Certificate of state registration of marriage;
4. Receipt for payment of state duty.

If a foreign citizen is in Russia at the time of the divorce process, then 30 days from the date of filing the application, the former spouses must appear at the registry office to receive a certificate confirming the fact of divorce.

Divorce from a foreigner in court

The procedure for divorce from a foreign citizen becomes significantly more complicated if the spouses have property disputes or disputes about children. In this case, the divorce will be carried out in a Russian court if at the time of the proceedings the foreign citizen is in Russia, since procedural legislation obliges the plaintiff to file the claim at the defendant’s place of residence.

In this case, the defendant’s place of residence may be considered his place of stay on the territory of the Russian Federation. Next, the procedure for filing a claim will be quite standard, and it will require documents such as:

• statement of claim at the location of the foreign citizen on the territory of the Russian Federation and copies of the statement;
• identification document of the plaintiff;
• marriage certificate;
• an extract from the house management about the place of residence;
• agreement on the division of property or raising children (if any);
• receipt of payment of state duty;
• other documents that are essential for the proceedings.

After the statement of claim is considered accepted for proceedings, the court begins proceedings in the case and subsequently makes an appropriate decision. Additional documents confirming and substantiating the applicant's claims may also be provided during the trial.

Divorce from a foreigner without his presence

The divorce procedure becomes significantly more complicated if the second spouse is outside the Russian Federation, however, if certain nuances are observed, the divorce, although it will take much longer, will still take place.

Divorce without the presence of a foreign citizen is possible both in the registry office and in court, taking into account all the circumstances.

A divorce in the registry office without the presence of a foreign spouse can be carried out subject to the provision of a statement written by him in his own hand. Such a statement must be notarized.

If the above conditions are met, the divorce procedure will generally take place within a month.
If it is impossible to carry out the divorce procedure in the registry office, one of the spouses will still have to write a statement of claim to the court.

When filing an application, difficulties arise with the location of the second spouse. In order for the court to accept an application for consideration, it must be sent to the place of residence of the defendant, that is, a foreign citizen.

If a citizen has left Russia at the place of residence of his citizenship, then when drawing up a statement of claim his last place of residence on the territory of the Russian Federation, or the location of his property on the territory of the Russian Federation, must be indicated with a mandatory indication that travel to the person’s new place of residence is impossible or it is unknown.

The divorce procedure in court can take place without the further presence of the defendant throughout the entire proceedings of the case. The procedural legislation of Russia does not prohibit the consideration of cases in the absence of one of the parties, however, when applying such proceedings, the procedural rights and guarantees of the absent party must be fully respected.

In order to divorce a foreigner and respect all his rights, he must, in accordance with the law, be notified of the essence of the claim and the appointment of a court hearing.

This circumstance significantly delays the process, since it takes quite a lot of time to send the documentation.

The court will begin to consider the case on the merits only if it is convinced that the defendant is fully familiar with the statement of claim and the plaintiff’s demands, and the fact of familiarization can be confirmed by relevant documents.

A notarized petition from the defendant requesting that the case be considered without his participation will somewhat simplify the procedure. The best option for speedy proceedings in the case would be the participation of a representative of the defendant . The defendant can issue a power of attorney for representation in a Russian court, and the representative will defend his interests throughout the entire case.

After a court ruling has entered into force that the marriage can be considered officially dissolved, such a decision must be given legal force in the state in which the defendant resides.

Compliance with this condition is necessary in order to remove a record of the existence of a marriage relationship from all kinds of registers of a foreign state. Without following this procedure, the marriage will not be considered completely dissolved, and the defendant will not be able to enter into a new marriage relationship in the territory of his state.

Source: https://razvodimsja.com/rastorzhenie-braka/razvod-s-inostrantsem/v-rossii.html

Divorce from a foreign citizen in Russia 2020

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Nowadays, marriages with foreign citizens are not uncommon, but unfortunately, any marriage is not immune from breakup. In families where one of the spouses is a representative of another country, another culture, with its own mentality and traditions, the risk of divorce increases.

How to divorce a foreigner in Russia

When dissolving a marriage between a Russian citizen and a foreigner on the territory of the Russian Federation, the courts are guided by the national family and procedural legislation of Russia.

The divorce process itself in our country, from the point of view of family law, is not particularly difficult, even if it is burdened by the division of the spouses’ property or a dispute about children.

If, together with the dissolution of marriage, other demands are made in the claim, at the request of the other party or at the discretion of the court, the demand for divorce may be separated and considered in separate proceedings, which will provide a shorter time frame for resolving this issue.

Even if one of the spouses does not agree to divorce, the court will decide the case in favor of the plaintiff spouse, and the maximum that the disagreeing spouse can count on is a period for reconciliation of up to 3 months.

However, if after the end of such a period the second spouse continues to insist on divorce, the court will certainly satisfy his claim.

Divorce with a foreigner is no exception.

Lawyer for divorces (family issues) in St. Petersburg. Tel.+7 (812) 989-47-47 Telephone consultation

• If one of the spouses is a foreigner, and both spouses have a place of residence in Russia and at the time of consideration of the case both live in the country, then no problems with the dissolution of their marriage will arise.
• Divorce with a foreigner through the registry office is possible if the spouses mutually agree to divorce and they do not have common minor children.
• Divorce with a foreigner through the court is carried out in the following cases:

• One of the spouses does not agree to divorce
• Spouses have a minor child(ren)
• One of the spouses avoids submitting an application for divorce to the registry office

There is one limitation - the husband does not have the right to apply to the court for a divorce during his wife’s pregnancy and within one year after the birth of the child.

Divorce from a foreigner without his presence in Russia

1. If a spouse living outside of Russia agrees to a divorce, his absence from the country will not particularly complicate the divorce procedure, either through the registry office or in court.
2. To do this, you will need to obtain properly executed documents from the absent spouse.

3. If divorce is possible through the registry office:

• A foreign spouse can file an application for divorce with the competent authorities of his country. The application must be translated into Russian, notarized and sent to the registry office, where the state registration of divorce will be carried out
• A marriage can be dissolved at diplomatic missions or consular offices of Russia

In cases where a foreign citizen does not give his written consent to divorce, only the court can resolve this issue.

Divorce with a foreigner in court

According to Article 160 of the Family Code of the Russian Federation, divorce proceedings with a foreigner are regulated by general rules - Articles 21-25 of the Family Code of the Russian Federation.

A claim for divorce is filed with a magistrate at the defendant’s place of residence, except for cases where the claim for divorce is associated with the division of property of the spouses if the cost of the claim exceeds 50,000 rubles, or a dispute about children. In these cases, the case will be within the jurisdiction of the district court.

When filing a claim, a state fee of 650 rubles is paid.

The following must be attached to the claim:

• Receipt for payment of state duty
• A copy of the claim for the defendant
• Original marriage certificate
• Certificate of registration of the plaintiff at the place of residence
• Copies of children's certificates (if available)

Lawyer for divorces (family issues) in St. Petersburg. Tel.+7 (812) 989-47-47 Telephone consultation

If the foreign spouse agrees to divorce

Let's consider a situation where a foreign spouse living in another country agrees to a divorce, but there are children together, and only a court can dissolve the marriage.

In this case, the spouse can draw up a written consent to divorce, translate and notarize it, and send it to the Russian court.

If such a document is available, the court will be able to easily dissolve the marriage in the absence of the defendant.

As we can see, with the mutual consent of the spouses, dissolution of a marriage with a foreigner in Russia is not difficult, even if one of the spouses is absent from the country.

If the foreign spouse does not give written consent to the divorce

The procedure for judicial divorce can take place without the presence and consent of a foreigner for divorce; Russian procedural legislation allows such consideration of the case, subject to compliance with all procedural subtleties associated with notifying the person of the presence of a case in court proceedings, as well as the time and place of the trial. In other words, the procedural rights of the absent party in the process must be respected impeccably.

The case will be resolved in accordance with Articles 21, 22 of the Family Code of the Russian Federation, and if a corresponding petition is received from the defendant, the court may give the spouses a period for reconciliation, and if this does not happen, the marriage will be dissolved even in the absence of the consent of the foreign spouse.

Jurisdiction of cases of divorce with a foreigner

The rules of jurisdiction of Russian courts for cases involving foreign citizens are regulated by Article 402 of the Code of Civil Procedure of the Russian Federation, according to which the jurisdiction of such cases is determined according to the rules of Chapter 3 of the Code of Civil Procedure of the Russian Federation.

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In the event that a foreign citizen does not have registration in Russia or the plaintiff does not know the place of his new registration in Russia , then a claim in accordance with Part 1 of Article 29 of the Code of Civil Procedure of the Russian Federation can be filed in court at his last known place of residence , and if he has at property rights in Russia (apartment, house) - then to the court at the location of this property.

Can a plaintiff file a claim for divorce in the court at his place of residence?

The rules of the Code of Civil Procedure of the Russian Federation on alternative jurisdiction, which allow filing a claim in court at the plaintiff’s place of residence, are applicable in cases of divorce if the plaintiff has a minor child with him or the plaintiff for health reasons, cannot travel to the defendant’s place of residence.

In addition, Part 3 of Article 402 of the Code of Civil Procedure of the Russian Federation provides for the right of Russian courts to accept and consider cases involving foreigners, if in a divorce case:

• At least one of the spouses is a Russian citizen
• The plaintiff is registered in Russia

Divorce from a foreigner in the registry office

Divorce through the registry office from a foreigner is carried out according to the general rules - both spouses must apply to the registry office at the place of marriage or at the place of registration of one of the spouses, or through the MFC at the place of residence of one of the spouses, with a joint application for divorce. Spouses only need to fill out and sign a standard application form; the form can be obtained directly from the registry office or the MFC.

The main condition is that the application for divorce must be signed by both spouses personally; the law does not allow even a representative by proxy to do this.

However, if one of the spouses cannot appear at the registry office and submit an application in person, a representative by proxy can do this for him, but in this case a separate application for divorce is drawn up and the signature of this spouse is notarized.

Lawyer for divorces (family issues) in St. Petersburg. Tel.+7 (812) 989-47-47 Telephone consultation

List of documents when filing a divorce through the registry office:

• Passports of both spouses
• Application for divorce
• Marriage certificate
• Receipts for payment of state duty - 650 rubles for each spouse

State registration of divorce is carried out one month from the date of filing the application . Accordingly, the civil registry office employee will set a day on which the spouses must appear to receive a divorce certificate.

Attention: if both spouses do not appear at the registry office at the appointed time, the marriage will not be dissolved and the submitted application will be cancelled.

Our family law lawyers will provide the following services:

• Free legal consultation by phone
• Drawing up any procedural documents: claims, reviews, statements, complaints, petitions, etc.
• Filing a claim in court
• Full support of the case at all stages of legal proceedings
• Representation of interests in civil registry offices

Consultation with a lawyer is carried out by appointment at the company’s office located in the center of St. Petersburg.

Source: https://zvonok-yuristu.ru/razvod-s-inostrannyim-grazhdaninom/

Divorce from a foreigner without his presence: how to divorce a foreign citizen in the registry office and through the court in his absence

If a foreign spouse wishes or is unable to come to Russia, it is possible to get a divorce at the civil registry office (ZAGS) by submitting two applications from the spouses by one of them, if the second application is notarized. It is also possible to submit an application to the court by drawing up an electronic document with a certified signature.

If the foreign spouse does not agree to cooperate, then the second spouse can file a claim in court. The court will consider the case without his presence after he has been duly notified. For all legal consequences to occur, the court decision must enter into legal force in the territory of the foreign state in which the spouse resides.

Is it possible to divorce a foreigner without his presence?

There are no provisions in family law that would prohibit a divorce from a foreigner without his presence. According to paragraph 1 of Art. 160 of the Family Code of the Russian Federation (FC RF), a marriage concluded between a citizen of Russia and a citizen of another state, or a stateless person, is carried out according to Russian legislation .

This means that in certain cases, it is possible to dissolve a marriage without the presence of a foreign spouse . The reasons for the absence of a foreigner may be:

• Staying on the territory of a foreign state.
• Permanent residence in another country.
• Lack of information about his whereabouts.

In such cases, one of the spouses, who is a citizen of Russia, can either apply to the registry office or to the court to dissolve the marriage relationship. Divorce of a marriage without the presence of one of the spouses still has certain features that are established in law.

How does a divorce from a foreigner occur without his presence?

To terminate a marriage relationship with a foreign citizen who is located outside of Russia, it is necessary to submit a corresponding application to the registry office.

According to the general rules, the grounds for applying to the registry office are the mutual desire of the spouses to divorce and the absence of common minor children (clause 1 of article 19 of the RF IC).

These rules also apply to divorce from a foreign citizen.

In accordance with Art. 33 of the Federal Law “On Civil Status Acts”, for divorce, spouses submit an application to the registry office.

Such an application must be submitted jointly by the spouses themselves.

The second option for filing an application for divorce is submitting an application in the form of an electronic document signed with an enhanced qualified electronic signature.

In the Federal Law “On Electronic Signature”, an enhanced qualified electronic signature is understood as an electronic signature obtained from an accredited certification center, which allows one to prove the authorship of a certain document . For a deeper understanding of a qualified electronic signature, it is necessary to familiarize yourself with the relevant legislation.

In accordance with Art. 7 of the Federal Law “On Electronic Signatures”, an electronic signature created in accordance with the norms of a foreign state is recognized on the territory of Russia. Thus, submitting an application for divorce to the registry office together with a citizen located abroad is possible by sending an application in the form of an electronic document.

When spouses cannot submit a joint application for divorce, including if one of the spouses is outside the Russian Federation, then 2 applications for divorce can be submitted to the registry office.

The signature of the spouse submitting the application later must be notarized (Clause 3, Article 33 of the Federal Law “On Acts of Civil Status”). That is, a spouse can submit 2 applications to the registry office if the signature on the application of the second spouse is notarized.

Example

In 1999, Lyudmila Pastukhova married a German, Mark Mayer, in Russia, where they remained to live. In 2012, they quarreled, and Mark left for his homeland. In 2013, Lyudmila decided to end the marriage. She wrote to Mark and asked him to draw up a statement of divorce. He drew up a statement, had it certified by a notary and sent it to Lyudmila.  

Lyudmila, in turn, translated Mark’s statement and certified it on Russian territory. Then she turned to the registry office with two applications for divorce. A month later, Lyudmila received a divorce certificate.

Application to the court for divorce from a foreigner

The grounds for applying to court for divorce from a foreigner are:

• Having common minor children.
• The second spouse objects to the divorce.
• The spouse avoids going to the registry office for a divorce, despite the stated consent.

To carry out legal proceedings, a spouse wishing to divorce must file a statement of claim for divorce . The requirements for the statement of claim are contained in the Civil Procedure Code of the Russian Federation (Civil Procedure Code of the Russian Federation) and the Investigative Committee of the Russian Federation.

In accordance with Art. 131 of the Code of Civil Procedure of the Russian Federation, a statement of claim must be submitted in writing. The application must indicate:

1. The court to which the plaintiff (the person filing the claim) applies.
2. The name of the plaintiff , his place of residence.
3. Name of the defendant (second spouse), his place of residence.
4. The demands put forward by the plaintiff. In this case, a demand for divorce . One statement of claim may additionally contain demands for the division of property and demands for determining the place of residence of children.
5. The circumstances by which the plaintiff argues his claims.
6. Cost of claim if a claim for division of property is made.
7. List of attached documents (Marriage Certificate and others).

The statement of claim is filed with the court at the last place of residence of the spouse or the location of his property, if the spouse lives abroad or his place of residence is unknown (Clause 1, Article 29 of the Code of Civil Procedure of the Russian Federation).

The Code of Civil Procedure of the Russian Federation provides for exceptions to filing a claim for divorce if the plaintiff lives together with a minor child or, as a result of a serious illness, leaving to file an application seems difficult. In such cases, the application is submitted at the place of residence of the plaintiff.

Conditions for divorcing a foreigner without his presence

The legal process for divorce without the presence of one of the spouses becomes much more complicated. However, there are 3 options for solving this problem:

1. The defendant is duly notified of the date and place of the trial and is familiar with all documents relevant to the case.
2. The defendant filed a motion to consider the case without his participation .
3. A judicial representative participates in the court hearing on behalf of the defendant .

In the first case, consideration of the case in court is possible if the location of the defendant is known. In this case, the person is sent a summons by mail .

In this case, the court hearing must be scheduled taking into account the time that the person needs to arrive at the court and prepare for the case.

If the defendant’s place of residence is unknown , then the court begins to consider the case without the participation of the second spouse after it is convinced that the defendant does not live at the last known address .

In accordance with paragraph 5 of Art. 167 of the Code of Civil Procedure of the Russian Federation, the defendant has the right to ask the court to consider the case without his presence.

If this expression of will comes from a foreigner, he must submit a written, notarized petition to consider the case in his absence and issue him a copy of the court decision.

If these conditions are met, the court will not postpone the hearing, but will consider the case in the absence of the defendant.

The Code of Civil Procedure of the Russian Federation provides for the right of a citizen to participate in court through a representative. A representative may be a legally capable person who has the right to represent the interests of another citizen on the basis of an issued power of attorney.

Thus, if a foreign citizen does not want or cannot be present in court, he can notarize a power of attorney to represent his interests by a representative. Such a representative has all the procedural rights of the defendant.

Decision to divorce a foreigner in his absence

Based on the results of consideration of the issue of divorce, the registry office or the court makes an appropriate decision. The registry office, on the basis of a submitted application or on the basis of a court decision on divorce, makes an appropriate entry and issues a Certificate of Divorce.

The decision to divorce a foreigner has its own peculiarities. After such a decision is made by the civil registry office or in court, it must obtain legal force in the state where the spouse lives. This procedure is carried out in accordance with the legislation of the country in whose territory it is necessary to give legal force to the decision of the court of the Russian Federation.

The termination of a marriage relationship and the entry into force of a decision have certain legal consequences . After the divorce of a marriage, the regime of joint property ceases to apply, the spouses lose the right to receive an inheritance after the death of the former spouse, to receive social benefits related to the spouse (benefits in the event of the loss of a breadwinner) and others.

Questions from our readers and answers from a consultant

I actually stopped living with my spouse, who is a citizen of a foreign country, in 2013. In 2015, I decided to formalize the divorce. As the defendant's place of residence, she indicated the last known address of her husband's residence in Russia. Will it be possible to carry out divorce proceedings if I am not sure that my spouse lives in the same place?

Yes, in your case, the court will begin to consider the case after it is convinced that the defendant does not live at his last place of residence, and it is impossible to determine a new one.

I, Petrov Ivan, have decided to divorce my wife, Kaulaskas Florida, a citizen of Lithuania. There are no minor children together. She said that she agreed to the divorce and would come to Russia to file a joint application. For a month she only promises to come, but keeps avoiding it. What should I do?

You should go to court with a statement of claim. Since the basis for going to court is not only the spouse’s disagreement with the divorce, but also the avoidance of going to the registry office with an outward expression of consent.

Source: http://razvod-expert.ru/razvod/s-inostrancem/bez-ego-prisutstviya/