Divorce without the presence of the alien

Russians have the right to enter into a marriage with persons of any State; marriage and dissolution are regulated by the UK of the Russian Federation. Divorce with an alien is almost identical to divorce with a Russian.

Difficulties can arise only in situations of dispute, disagreement between a foreign person and divorce, lack of information about his or her whereabouts, and it is important that the terminated marriage in Russia be recognized in the motherland of the spouse(s).

The following legal acts apply to the termination of marriage with an alien:

• UK of the Russian Federation.
• Constitution of the Russian Federation.
• Agreement on children ' s rights.
• Minsk Convention.
• The Civil Status Act.
• Civil Code.

Consulates and diplomatic institutions can also regulate the termination of marriage, and divorce must be confirmed not only in the Russian Federation but also in the foreign national's home country.

The simplest, quickest and easy way to divorce is to go to the civil registry.

• The lawsuit.
• Marriage certificate.
• The second spouse ' s consent (with the notary ' s seal) if he is unable to visit the registry at the time of application.
• The passport of the spouses.
• Confirmation of payment of duty (650 roubles).

The law also provides for situations in which the consent of the other party to the break-up is not required:

• A spouse ' s incapacity (an appropriate certificate is required, e.g. from a psychiatric or drug-addicted institution).
• Lack of information on the spouse ' s whereabouts (to take a certificate from the Ministry of Internal Affairs).
• The spouse has been convicted for more than three years and is in prison (a supporting certificate is required).

An application must be filed at the place of permanent or temporary residence, registered and issued a divorce certificate within one month of the date of application.

If you apply to the civil registry after the trial, you will need a court release, and if the former spouses have obtained a certificate, the marriage will be dissolved within the framework of the Russian Federation, and the alien must confirm this in his own State.

Particular features of divorce in court

If no agreement has been reached, the termination of the marriage shall take place before the court; the court shall only divorce the spouses if they have settled the issues of joint children and common property themselves; the district court shall hear the case in all circumstances.

When divorced in a Russian court, it is highly desirable for a foreigner to be in Russia because a lawsuit will be filed against him.Notification to the defendant of the dissolution of the marriage is a prerequisite, since his absence is a violation of the rights of the citizen; when the court is informed that the defendant has received notice, the action shall be heard.

When an application is sent to court

Cases in which the application for divorce is referred to the court

1. There are children under the age of 18.
2. A pregnant wife.
3. Unharmonized separation of property.
4. One party disagrees with the divorce.
5. Either spouse avoids divorce in various ways.

Documents required

1. The application, copies thereof, shall be sent to the place of permanent residence or temporary stay of the defendant.
2. The plaintiff's passport.
3. Marriage certificate.
4. It's a tax check.
5. Residential certificate.
6. Written agreement concerning the upbringing, maintenance and residence of minor children.
7. Written agreement on the division of property.
8. Other documentation relevant to the trial.

The application must include information on the parties to the divorce proceedings, the name of the judicial authority (where the action is brought), the cause of the divorce, a list of supporting documents of an allegation/indictment, and claims.

It was important to present the evidence in its favour, so that the court could give the plaintiff the greatest measure of satisfaction.

If the court sees the possibility of maintaining the family, the couple may be granted a trial period for reflection and possible reconciliation (up to three months) and if the spouses do not reconcile, the divorce will be ordered during the prescribed period.

In the course of the case, the rules for the payment of maintenance, the place of residence of the children, the manner in which they are raised, etc., are also laid down.

How to Divorce in the Russian Federation without the presence of a husband

The termination of a marriage without the alien ' s participation and presence is possible through a court or registry office; the choice of the body concerned will depend on the situation.

It is important that there is no disagreement about children and property, and in such circumstances the divorce period and process is the same as in the case of the defendant ' s presence.

If divorce is not possible in the registry, the case is referred to the court; if the claim is admissible, the application must be sent to the address of the second party; if the defendant has left Russia, the document should be sent to the address of his last residence or to the location of his property.

Before proceeding with the dissolution of the union, the court must know that the alien has been notified of the proceedings; if the defendant is not present at the trial, all his rights must be taken into account.

It is much easier to obtain a divorce if the defendant has filed a formal request for a case without his participation, or if there is a power of attorney issued to a representative who will defend the defendant ' s interests in a Russian court.

The termination of marriage must be confirmed in Russia and in the spouse ' s home State; otherwise, the divorce is not fully valid, since the marriage record has not been removed from all registers.

Divorce with a foreign husband is not an easy matter, so it is better to reach a common agreement on all the important issues.

Validity of divorce in the Russian Federation and beyond

The dissolution of Russian marriage to a foreigner in the Russian Federation takes place within the framework of Russian law, but this does not mean that the divorce will be recognized outside Russia; it often needs to be legalized again.

This requires:

• Visit a diplomatic/consul institution.
• Send a divorce certificate to the necessary authorities of a foreign State (if the country has an agreement with the Russian Federation to recognize the legality of judicial documentation).
• To bring an action before a court of another country if no agreement has been reached to recognize the legality of the court ' s documents between the countries.

Before proceeding to a foreign court, it was necessary to familiarize itself with local legislation and to find out how to properly fill in the claim.

It is possible to divorce through diplomatic/consular representation, a document issued by these entities will be recognized in two countries, but this service is worth about $300 and is not available if the case requires a court decision.

Divorce of an alien in another State

Some Russians had to divorce their foreign spouses in their countries, and the process would therefore be governed by local laws.

Germany

If you want to divorce a German, you don't want to end a marriage, and you need good reasons, for example, a husband beats, humiliates, changes, etc. You don't have enough words, you have to prove the charges.

For divorce and maintenance in Germany, read by reference.

America

Divorce requires a minimum of a year's residence in the United States (sometimes a six-month period) and divorce is possible only through a court of law, even if the parties have agreed to do so peacefully; it is necessary to justify their claims, defend their interests, and present the grounds for divorce.

After the divorce, the ex-husband is forced to pay a certain amount to his ex-wife and children, but if the American court finds out that the marriage was false, it may even deprive him of his citizenship.

France

In France, marriage can only be divorced by one party, but divorce is not possible until six months after the marriage, and it is likely to be difficult for a couple to have children under the age of 18.

England...........................................................................

In order to be formally divorced, the parties must have the right reasons and their confirmation, and the circumstances ranging from lack of mutual respect to manual application can be a valid reason for the dissolution of the union.

If the husband does not confirm the wife ' s allegations, her application is often rejected; only if the child is ill or the mother is unable to work.

Netherlands

In order for a divorce to take place, a marriage union must last for at least a year; a foreign spouse must also live for at least six months in the State, otherwise he must apply for divorce in his country; child support is available if the mother proves that it is necessary.

If, for example, a Russian woman married a Dutchman and as a result acquired Dutch citizenship, she would be stripped of her nationality in the event of divorce from her husband.

Spain

In order to divorce a Spaniard, it is enough to remain in a union for three months, and it is also possible to break the marital bond immediately if one of the parties suffers moral, physical or other harm.

Italy

Respectable reasons will be required and will have to be proved; the dissolution of a family union may be delayed for months or even a year; only the court may separate the couple.

Israel

And if you do not wish to divorce, then if you do not wish to divorce, you have no right to take your wives to your wives.

The divorce cases in Israel are dealt with by a special council of elders and the rabbinic court; in the first stage, the elders try to reconcile the spouses; if this is not possible, the court is involved.

The interests of both spouses are taken into account in the process, and the issue of the division of property and the upbringing of children is resolved.

Islamic countries

As practice has shown, only men can apply for divorce, and the smallest reason is enough, and even a small delay in the wife ' s family may be the argument.

A man may break up a marriage if a woman does not perform her household duties in a good manner, does not cook well, does not satisfy sex, and infertility is also a frequent cause of divorce.

A Muslim wife may file for divorce, but there must be proven serious reasons: adultery, inability to provide for a family, violence, etc.

However, if a woman succeeds in doing so, the ex-husband may be forced by the court to pay compensation.

It was important to study the legislation of his home country well before associating his life with a foreign national.Otherwise, it is possible not only to lose one ' s share of the acquired property, but also to lose citizenship.

Divorce of a foreigner in Russia without his presence — Divorce of a foreign citizen — How to Divorce a foreigner

You want to solve the issue of divorce with a foreign citizen without being nuanced? Divorce without his presence is a special program developed by our experienced lawyers.

When you come to us, you'll get:

• Full range of legal services and advice;
• A detailed study of your situation without time constraints;
• Personal counsel and legal representation in court;

To date, the Russian Federation has authorized the registration of marriages with citizens of other countries and has established procedures and rules for the recognition of marriages in the Russian Federation if they have been registered in another country.

At the same time, foreigners may marry in the territory of the Russian Federation for any personal reason, if this is permitted under Russian law and there are all the grounds for entering into a marriage; in addition to the procedure for registration and recognition, article 160 of the Russian Federation prescribes a procedure for the termination of marriage between a Russian citizen and the holder of another State ' s nationality.

In practice, divorce with an alien is largely similar to the normal procedure for terminating a legal marriage between Russian citizens, but has a number of characteristics and nuances depending on the place of residence and nationality of the parties to the marriage, which you will find out if you read the information below.

Cost of divorce services (divorce)

Name	Value
In Ukraine	from 10,000 rubles
With a non-Russian citizen	from 15,000 rubles
With a Turkish citizen	from 17,000 roubles
With an Egyptian citizen	from 19,000 roubles
With a German citizen	from 21 000 rubles
With a U.S. citizen	from 23,000 roubles
With a Belarusian citizen	from 10,000 rubles

• Each case is individual, specify the exact cost of your divorce by telephone + 7 (495) 722-99-33.
• The time of formal termination of a marriage with a national of another State upon dissolution by the civil registry or court in our country will be deemed to be the time of the relevant changes in the civil registry.
• If the marriage was contracted in another State and the court dissolved in Russia, the moment of official dissolution would be the recognition of the Russian court ' s decision in the country at the place of marriage.

Dissolution of marriage to an alien in the civil registry in the absence of disagreement or dispute

The marriage of a Russian citizen with a foreigner may be dissolved in the following cases:

• When the husband and wife agree to his dissolution
• They have no disagreement over the division of property.
• There are no underage children in the marriage relationship.

In the event that all these conditions are met, it is sufficient for both spouses to apply to the civil registry for a written declaration of termination of marriage and under the terms of the UK, the divorce will be completed within one month, and it is possible to apply to the register both at the place of residence and at the place where the marriage is concluded.

The following documents shall be submitted to the spouses together with the application:

• Original payment document(s) for payment of State duty;
• Documents certifying the nationality and identity of each spouse;
• Marriage registration certificate.

If the grounds for divorce are based on the circumstances specified in the UK – for example, the spouse's conviction to imprisonment or his absence is unknown – the application must be accompanied by supporting documents.

The list of required documents varies according to the situation

If one of the spouses is outside Russia

When the spouse is outside the Russian Federation, if the marriage has taken place in Russian territory and there are grounds laid down by our laws for the dissolution of the marriage, it is sufficient to apply to the consular office or diplomatic mission of the Russian Federation at the place of residence in any State and to apply for divorce; instead of paying a fee for the dissolution of the marriage with an alien through a diplomatic mission (a consular institution), the consular fee must be paid, but the citizens of the Russian Federation are exempt from paying it.

The divorce documents (certificate) are issued to the former spouses after the expiry of the month from the date of the application.

If the alien does not live in the Russian Federation and wishes to divorce voluntarily, in the absence of joint children and property disputes, the holder of another country ' s nationality shall submit to the Registry a notarized and translated application (if necessary) into Russian, after which the marriage shall be terminated in general accordance with the rules of the UK of the Russian Federation.

Dissolution of a marriage with a foreign national through a court of law

An action for the dissolution of marriage between a Russian citizen and a foreigner may be brought before a Russian court, both when the spouses (or one of them) live in the Russian Federation and when they reside outside our country.

Divorce occurs under conditions of:

• Consent of the husband or wife to the dissolution of the marriage;
• Marriage has children under 18 years of age;
• One of the partners in the marriage is not in the civil registry.

The Magistrate ' s Court shall hear the divorce proceedings in the event that:

• The spouses have children under 18 years of age from marriage, but an agreement has been reached on their upbringing and residence;
• The foreign spouse has for a long time refused to appear in the civil registry or refused to file an application if he does not agree to the termination of the marriage;
• The requirement to divide the common property of the spouses up to an amount not exceeding 50,000 roubles has been added.

The District Court settles disputes in the following cases:

• The spouses have children under the age of 18 and have not reached an understanding on their upbringing, and have not agreed on the place of residence of the children after divorce;
• The divorce claim in one claim is for the division of the marital joint property in a total amount of more than 50,000 roubles, calculated on the basis of the share of each of the spouses.

The different cultural traditions of the spouses can lead to serious differences

The court may, at its discretion, grant a period of three months for the resumption of relations and reconciliation, if the judge considers that marriage to an alien may be preserved and if one of the spouses objects to divorce, insisting on the maintenance of the relationship; otherwise, within one month, the court shall decide on the termination of the marriage, and at the same time may decide on the maintenance obligations of the parents with respect to the children or the maintenance of the spouse who is unable to work; and during that period the place of residence after the divorce and the manner of raising the children shall be determined, and the property shall be divided into equal shares.

Regardless of the complexity of the dispute and if there are additional demands for the division of property, the recovery of maintenance or the determination of the manner in which the children are raised and left with one of the parents, the legal aid of the professional divorce lawyers of the ICIP Plan of the Law will prove indispensable to you and will help you to avoid difficulties during the judicial process. A mastermind suit and the assistance of a representative in court will ensure that the divorce decision is obtained in his favour as quickly as possible on all additional points, including the division of property and the dispute over children; dial our number now: +7 (495) 722-99-33, free of charge.

How to divorce a foreigner without his presence

If the spouse of another State intentionally obstructs divorce and does not consent to it, and does not live in Russia, the second spouse has every reason to demand the formal termination of all marital relations through the court of our country.

As in the legal relations of citizens of the Russian Federation, the claim is brought before a court in whose jurisdiction the defendant is registered or actually living, but if the alien has left the territory of the Russian Federation, the applicant is entitled to file the claim with the court in the place of last residence.

Another option is to bring a claim at the location of the known property of a foreign national who evades the appearance of a foreign national; it is necessary to refer in the text of the claim to the unknown presence of the foreign defendant or, if his or her place of residence is known, to the difficulty of leaving him or her with reference to the right to divorce through a court of law in the Russian Federation.

Difficulties in the absence of a second party

In the absence of the foreign defendant, it is an objective difficulty to hear the divorce claim and the court must give notice of the proceedings to the second spouse, pending confirmation that the notice has been found by the addressee.

If it is not possible to notify the alien by mail, the court is entitled to send a judicial order to another court in a foreign State to question the defendant or to notify him of the time and place.

That is, the foreign court itself will call the case, question the record, and hand over the summons and documents in the case.

Another option is to negotiate with a second party living outside the Russian Federation for the establishment of a representational power, which will allow for the accelerated dissolution of a marriage with a foreigner in Russia, even though the citizen does not live in the Russian Federation.

How can you divorce yourself or through a lawyer?

Although the divorce scheme with a foreigner in the Russian Federation is generally regulated by law, it has many nuances and may affect the rules of international law.

This means that it is very easy to delay such a divorce and to violate the laws of a foreign country.

We therefore recommend that this procedure be conducted only under the supervision of highly qualified lawyers with experience in international judicial cooperation.

Divorce with a foreigner in Russia without his or her presence: How does a marriage under the Russian Code of Criminal Procedure be dissolved?

Russian citizens have the legal right to establish relations with both compatriots and foreigners, but when married to a resident of another country, it must be remembered that family relations in an international family are regulated by law somewhat differently than in the ordinary procedure of divorce of an alien.

Nuances of divorce from a foreigner in Russia

The dissolution of a marriage union between a Russian resident and a foreign citizen is carried out by the registry authorities, provided that the couple have no children under the age of 18 and no mutual claims.

The husband ' s or wife ' s nationality does not affect the divorce process; the spouses prepare a standard divorce application and file it with the registry office of the place of residence.

The divorce certificate is issued one month after the submission of the documents.

If there are minor children in the family or disputes over joint property, divorce will not be possible without judicial proceedings; when a divorce case is heard by a Russian court, the proceedings are conducted within the framework of Russian law.

Conditions for divorce without the presence of the alien

The presence of an alien in a divorce with a Russian citizen is not a prerequisite for the execution of the procedure; the spouse residing abroad must personally fill out the divorce application form and assure him/her from the notary; a written document translated into Russian shall be submitted to the civil registry by the wife or husband present in Russia together with a personal application.

What if he doesn't agree?

In some cases, the initiative to end family relations was not supported by the second spouse, and in such a situation it was necessary to file a complaint with the courts.

If there is no consent to divorce a husband or wife residing abroad, the case shall be heard by the Magistrate ' s Court.

In reaching a decision, the judge shall take into account the family circumstances of the parties to the proceedings and the evidence of the facts presented at the hearing.

A marriage with an alien may be dissolved unilaterally only if the wife or husband residing in another State is aware of the husband ' s intentions.

Once notified of the forthcoming divorce proceedings, the alien must consent to a court hearing without his or her participation.

The proceedings will be deferred until such time as they occur.

How to divorce a citizen of another country without his presence under the Russian PKG?

When a Russian citizen divorces a foreigner, there is no problem if both parties agree to the termination of family relations; according to the Code of Criminal Procedure, the presence of a spouse residing abroad in the divorce proceedings is not necessarily sufficient to obtain a personal application from him for a procedure that does not last more than 30 days.

In court

The process of dissolution of a marriage with a foreign national takes place in court in the following cases:

• There are children in the family who have not attained the age of majority (except children from past marriages);
• The husband and wife had disputes over the division of common property;
• one of the parties does not consent to the divorce.

The party concerned must submit to the judicial authority a statement indicating the address of the defendant ' s permanent residence to which the action will be brought. If the defendant ' s whereabouts are unknown, the document shall indicate the address to which he or she was registered in pf.

In accordance with the rules, a claim cannot be heard until the court has been given documentary evidence that the defendant has received notice. In order to expedite the divorce proceedings, it is possible to request an application from a spouse living outside the pf to consider the application without his presence at the trial. The document must be certified by a notary.

in Zangs

The dissolution of a marriage with a national of another country may be registered with the territorial authorities of Zags in the place of residence of the party concerned, if it can provide a notarized divorce application signed by the foreign spouse.

• Application for divorce from the plaintiff;
• Copies of identity documents issued in the Pf territory;
• A document confirming the registration of the marriage;
• A receipt for the payment of the State duty.

through a trusted person

If the spouse who has the nationality of another country has been outside Russia for a long time and is unable to attend the trial in person, a legal representative may do so for him. The person defending the alien ' s rights and representing him or her in court must provide a power of attorney certified by a notary.

If there are children and common property

The divorce of couples who raise children under the age of 18 or have mutual claims over common property is only done by the courts.

The parents must decide who the children will live with after the end of the family relationship and draw up an appropriate agreement.

If the spouses fail to reach a common understanding in this matter, the future fate of the babies will be decided by the court.

When will the marriage be dissolved?

A marriage is deemed to have been dissolved upon the entry into force of the judgement, which must be legalized in a foreign State, in order to enter information on the dissolution of the marriage into the public register of the country of which one of the spouses is a national.

If the document is not legalized, the marriage cannot be considered dissolved; in the future, a foreigner who has terminated his or her family relations in the Russian Federation may have problems in entering into a new marriage in his or her country.

Was divorce recognized in another State?

In some States, divorce under Russian law may not be recognized.

In order to avoid contradictions, marriage with nationals of these countries would be better dissolved in the territory of a foreign country.

If the alien has the nationality of the country with which Russia has concluded an international agreement, the divorce process must be carried out in accordance with the rules laid down in that document.

Underwater stones in divorce from a citizen of another country

Divorce with an alien has many "submarine stones" that affect the outcome and duration of the procedure.

• The need to bring an action before the judicial authority of a foreign State;
• Application of international legal instruments in the case of divorce of Russians with foreigners;
• Enforcement of a judgement handed down by a court of another State under the law in force.

Divorce with a foreign citizen in Russia 2023

How to dissolve marriage to an alien in Russia Divorce with an alien without his or her presence in Russia Dissolution of marriage to an alien in court If the foreign spouse agrees to divorce If the foreign spouse does not give written consent to divorce The jurisdiction of divorce proceedings with an alien may the plaintiff bring a divorce action before the court of his or her place of residence Divorce with an alien before the civil registry authorities

Marriage to foreign nationals is not uncommon today, but unfortunately, any marriage is not immune to dissolution, but in families where one of the spouses is a representative of another country, another culture, with their mentalities and traditions, the risk of divorce increases.

How to Divorce a Foreign Country in Russia

Upon dissolution of the marriage of a Russian citizen with a foreigner in the territory of the Russian FederationThe courts are governed by Russian national family and procedural law.

In itself, the divorce process in our country, in terms of family law, is not particularly difficult, even if it is burdened by the division of property between the spouses or by a dispute over children.

• In the event that other claims are made in conjunction with the dissolution of the marriage, at the request of the other party or at the discretion of the court, the request for the dissolution of the marriage may be set aside and dealt with in a separate proceeding, thus ensuring a shorter time limit for resolving the matter.

Even if one of the spouses does not agree to divorce, the court will decide in favour of the plaintiff's spouse, and the maximum that the dissenting spouse can expect is a period of reconciliation of up to three months.

Dissolution of marriage to an alienis no exception.

If one of the spouses is a foreigner, with both spouses residing in Russia and both of them residing in the country at the time of the hearing, there will be no problem with the dissolution of their marriage.

Dissolution of a marriage with an alien through the civil registry- It is possible, with the mutual consent of the spouses, to divorce and have no minor children together.

Dissolution of a marriage with an alien through a court of law— shall be carried out in the following cases:

• One of the spouses disagrees with the divorce.
• The spouses have a minor child (children)
• One of the spouses avoids applying for divorce in the civil registry.

There is one limitation: a husband is not entitled to apply to a court for divorce during the pregnancy of his wife and within one year after the birth of the child.

Divorce of a foreigner without his presence in Russia

If a spouse residing outside Russia agrees to a divorce, his absence in the country will not make it very difficult to obtain a divorce, either through the civil registry or through the courts.

In order to do so, the missing spouse will need to obtain proper documentation.

If divorce is possible through the civil registry:

A foreign spouse may file an application for divorce with the competent authorities of his or her country; the application must be translated into Russian, certified notarily and sent to the civil registry in which the divorce will be registered by the State.

• Marriage may be dissolved at diplomatic missions or consular offices in Russia

Where a foreign national does not give his or her written consent to a divorce, so much court can resolve the matter.

Legal dissolution of marriage to an alien

Under article 160 of the Family Code, divorce with a foreigner is governed by general rules — articles 21 to 25 of the Family Code.

Dissolution actionshall be submitted to the justice of the peace at the place of residence of the defendant,Except where the dissolution of the marriage involves the division of the property of the spouses at the cost of over 50,000 roubles, or a dispute over the children, in which case the case will be brought before the District Court.

When a claim is filed, the State is paid a sum of 650 roubles.

The following must be added to the claim:

• Compensation for payment of the majesty
• A copy of the suit for the defendant
• Original marriage certificate
• Certificate of registration of the claimant by place of residence
• Copies of the children ' s certificate (if any)

If the foreign spouse agrees to divorce

Consider the situation where a foreign spouse residing in another country agrees to divorce, but there are joint children, and only a court can dissolve the marriage.

In such a case, the husband may issue a written consent to the divorce, translate it and notarize it, and refer it to the Russian court.

If such a document was available, the court would be able to terminate the marriage without problems in the absence of the defendant.

As we can see, with the mutual consent of the spouses,divorce of a foreign national in Russiais not difficult even in the absence of one of the spouses in the country.

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

The procedure for the judicial dissolution of a marriage may take place without the presence and consent of the alien for a divorce, and Russian procedural law allows for such a hearing, provided that all procedural details relating to the notification of the existence of the case in the court proceedings, as well as the time and place of the proceedings, are respected; in other words, the procedural rights of the absent party in the proceedings must be respected without prejudice.

The case will be resolved in accordance with articles 21, 22 of the Family Code of the Russian Federation and, if the defendant so requests, the court may grant the spouses a period of conciliation and, if not, the marriage will be dissolved without the consent of the foreign spouse.

Jurisdiction in cases of dissolution of marriage to an alien

Rules of jurisdiction for Russian vesselscases involving foreign nationalsUnder article 402 of the Code of Criminal Procedure, the competence of such persons is determined by the rules of chapter 3 of the Code of Criminal Procedure of the Russian Federation.

In that case,If the foreign national does not register in Russia or the plaintiff does not know the place of his new registration in Russiain accordance with article 29, paragraph 1, of the Criminal Code of the Russian Federation, an action may be brought before a court of law.at his last known place of residenceand if he has ownership of property in Russia (a flat, a house) thenthe court where the property is located.

Can the plaintiff file a divorce claim with the court of his or her place of residence?

Rules of the Russian Code of Criminal Procedure on alternative jurisdictionTo file a complaint with the court of the plaintiff ' s place of residence;applicable in divorce cases ifA minor child is present at the plaintiff ' s homeor claimantUnable to leave for health reasonsthe defendant ' s place of residence.

In addition, article 402, paragraph 3, of the Code of Criminal Procedure provides for the right of Russian courts to receive and consider cases involving foreigners;If, in the case of dissolution of marriage:

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

Divorce of a foreigner in the registry authorities

Divorce, through the registry, with a foreigner is governed by general rules —Both spouses are required to apply to the civil registry at the place of marriage or at the place of registration of one of the spouses, or through the IFC at the place of residence of one of the spouses, for a joint declaration of dissolution of the marriage; the spouses only need to complete and sign the application form, the form can be obtained directly from the registry or the IFC.

The main condition is...The declaration of dissolution of the marriage must be signed by both spouses in person,The law does not allow even the trustee to do so.

However, if one of the spouses is unable to report to the civil registry office and file an application in person, a power of attorney may do so, but in this case a separate declaration of dissolution of the marriage shall be made and the signature of the spouse shall be notarized.

List of documents for divorce through the civil registry:

• Passports of both spouses
• Application for dissolution of marriage
• Marriage certificate
• Compensations for the payment of the civil service - 650 roubles per spouse

State registration of divorceOne month after the date of applicationAccordingly, the staff member of the registry office will set the date on which the spouses are required to appear to obtain a divorce certificate.

Warning:If both spouses do not report to the civil registry at the scheduled time, the marriage will not be dissolved and the application will be cancelled.

Divorce of a foreigner without his presence in Russia in 2023: model application

Marriages with citizens of other countries have not been rare in Russia for a long time. If the procedure for marriage is not difficult, the divorce has many underwater stones, which complicates the matter. In this article, we will consider how the divorce of a foreigner takes place without his presence and what to do in such a situation.

On the basis of legal practice, only 10 per cent of marriages with foreign nationals take place without any problems and foreigners are present at the divorce process from start to finish; otherwise, they simply leave their country of origin and try not to remember their family or their obligations towards them.

Divorce without the presence of the alien ' s spouse in the registry

If the spouse is not present in the territory of the Russian Federation, you can apply to the civil registry for the dissolution of the marriage and if there are grounds for the dissolution of the marriage regulated by Russian law, you can apply for divorce to the consulate or diplomatic representation representing the country of the spouse in the Russian Federation.

In this case, the State duty should be replaced by a consular fee, from which citizens of the Russian Federation are exempt, and if the application is submitted to the civil registry, the State will amount to 650 roubles.

If the alien is not present in the Russian Federation but is not opposed to the dissolution of marriage, it will suffice if a couple of minor children and property disputes do not exist, to transmit to the civil registry a Russian and notarized divorce application; after a month, the couple will be able to obtain a divorce certificate in general accordance with the rules of the UK.

Jurisdiction upon dissolution of a marriage with a national of another State through the court

The dissolution of marriage on the territory of Russia, if the couple has a child together, becomes much more complicated, and if there are still conflicts between husband and wife, the situation becomes complicated.

In this case, only the court can separate them.

Before bringing a case before a court, its jurisdiction must be determined, which will depend not only on the husband ' s presence in the Russian Federation or his absence, but also on other factors.

It will be necessary to apply to the justice of the peace if:

• The couple have children who have not reached the age of majority, but the parents have been able to agree on their residence and upbringing;
• The second spouse, who is a national of a foreign State, has not appeared before the court, refused to file an application or refused to terminate the marriage;
• The claim for divorce is supplemented by a claim for the division of jointly acquired property, which does not exceed 50,000 roubles.

The District Court will need to be contacted if:

1. The couple had children who had not reached the age of 18 and their parents had failed to reach an agreement on the upbringing and residence of their children.
2. In addition to the divorce claim, there is a requirement to divide property over 50,000 roubles.

Once the jurisdiction has been determined, it may be filed with the judicial office and, in addition to the action itself, the applicant will have to file the following documents with the court:

• Passport;
• Marriage certificate;
• Voluntary agreement on the sharing of property;
• Agreement on the upbringing, residence and maintenance of a common child/children.

A month after the suit is filed, the judge will set the date of the divorce.

If one of the spouses does not agree to divorce and there is at least one possibility of maintaining the family, the court will set a time limit for the reconciliation of the spouses, which may be up to three months; if the couple cannot reconcile, the judge will decide on the dissolution of the marital relationship.

Dissolution of marriage with a foreign national if there is a common child

Under Russian law, if there is a child and a couple choose to divorce, in most cases they stay with their mother, but this rule does not apply to all countries.

Some citizens, after divorce, are doing everything they can to take the child with them, and their actions are justified not only by their mentality, but also by their country ' s legal framework.

Their child ' s nationality also played a significant role.

A woman with Russian citizenship may lose a child if her husband is Muslim, in which case the child must remain with the father when the relationship is dissolved.

In order to solve such a problem, one should come to Russia with the child and have the marriage dissolved in accordance with Russian law.

However, it must be borne in mind that marriage will only be regarded as terminated when the procedure is recognized in the country from which the second spouse is born, and the problems with child maintenance will be the same.

Methods and features of dissolution of a marriage with an alien through a court without his or her presence

As mentioned above, if a foreign spouse lives in another country, the divorce will have many characteristics, and if a couple cannot divorce by filing an application with the civil registry, they will have to resolve the issue of divorce through the courts.

In this case, the applicant ' s spouse will have to face the following difficulties:

1. An application for divorce may only be lodged at the place of residence of the second spouse; if he is not present in the territory of the Russian Federation, the document may indicate his last place of residence or the place of residence of his property; it must also be stated that his current place of residence is unknown and it is not possible to travel there.
2. The defendant must be informed that his other half has decided to divorce and to file an application for divorce.

It is possible to simplify the divorce process by means of a request from a foreign husband to consider the divorce without his participation; the document must be certified by a notary.

Another way to obtain a divorce with minimal problems is for the foreign spouse to obtain a power of attorney on behalf of another person who will represent him in court.

The divorce procedure allows for the dissolution of the relationship without the presence of the foreign spouse at the hearing without violating his rights and interests.

In order to obtain a divorce certificate, registration of the document should be made with the consulate of the country of which the foreign spouse is a national.

Let's sum up.

The dissolution of marital relations with an alien is governed by the same rules as those applicable to citizens of the Russian Federation; if a citizen of a foreign State is outside Russia and does not wish to return to divorce, the second spouse faces a number of difficulties; however, they cannot be described as an obstacle to the exercise of divorce.

Without the presence and assistance of the alien ' s spouse, the only way to obtain a divorce is by resorting to a court; if the other half does not object to the dissolution of the relationship and wants to simplify the procedure, it is sufficient for her to send a request, certified by a notary, or to send a trusted person, to represent her interests in the court, thus making the divorce much faster and without any problems.