DIVORCE

Answer:

Marriage registration in a third country will probably communicate an exotic touch to the relationship, but will, in my opinion, complicate some procedures in general.

Having the marriage registered in Costa Rica, your wife will face a lot of problems in Russia. According to the data I have, Costa Rica is not a participant in the Hague Convention 1961, that is why to make the document valid in Russia she will have to get through the multi-step procedure of consular legalization.

With a foreign marriage certificate bearing no apostil, she will find difficulty in exchanging her passport if she changes her surname, or in applying for divorce if it should happen in your life, she will have difficulty in recovering this document in case of its loss.

I suppose that a 30-day waiting period established by the Registry Office should not be a drawback to marriage registration in Russia. Firstly, this period can be reduced, if, for instance, your visa is about to expire or you have a valid ticket for a certain date. Secondly, even the 30-day waiting cannot be compared to difficulties faced by people who have their marriage registered abroad and use their foreign marriage certificate.

Marriage registration in Russia is easy. In addition to a standard set of documents you also have to submit a notarial translation of your national passport and a certificate issued by Canada`s Consulate confirming that you are not officially married. You should pay attention to how our name is spelt in Russian and see that your name is spelt the same in all your documents.

Undoubtedly, the most important issue is having a marriage contract. The place of signing a contract depends on where the spouses live. If you are going to live in Canada a contract should better be signed in Canada. If you are planning to live in Russia a contract should better be signed in Russia. You could also sign 2 contracts, one in Canada and one in Russia, spelling out in each of them the future of the property in both countries.

Should you wish to annul your marriage in the future you will also find it easier to do so in Russia having your Russian marriage certificate. The thing is that Canada never signed the Hague Convention, and the documents issued in Canada are also subject to consular legalization. This is a multi-step time-consuming procedure involving additional difficulties.

I wish you a happy family life.

Karina Krasnova

Answer:

Pursuant to the Russian law, any disputes as regards real estate located within Russia fall under exclusive jurisdiction of the Russian court.

Therefore the judgement of U.S. court as regards the separation of Russian real estate will be illegible within Russia. But the divorce decree made in U.S. will be recognized in the Russian Federation.

You are entitled to apply to the Russian court claiming division of jointly acquired property. Simultaneously with the filing of suit you may apply for requesting the required information, and for imposing of arrest on property (prohibition of property alienation) before the trial on the merits.

It is not a problem, if you do not know the addresses of all real properties in Saint Petersburg: based on your petition the court may make the necessary inquiries and obtain information about the composition of available properties. Do you have address of residence of his wife in Saint Petersburg or any address of her property? If you don't know any address, you can give me name of your wife, phone number, email, and other data with which help I can establish her address.

You should know that, if the spouses resided separately, even though the property was acquired during the marriage, is may be recognized as the property of the spouse who had acquired the property.

You should also know that the property acquired for account of the funds received before the marriage, may be also recognized as the property of the spouse whose funds were used for its acquisition.

You should also know that you can't apply for division of property of her mother and other relatives.

The above specified circumstances need evidence. According to general rule the property acquired during the marriage is divided into 1/2 for each spouse. If you want to change the ratio you have to prove numerous facts and circumstances.

She can sell property without your consent. Only the court can forbid it.

Judgement of U.S. court as regards the marriage dissolution will be recognized in Russia. Judgement of U.S. court as regards other facts may be recognized in Russia in the result of court judgement on recognition and enforcement of a foreign court judgement. As for the division of real estate, I think, that it makes sense from the very beginning to bring this issue before the Russian court.

Your presence during the case consideration is not required. The court may oblige a plaintiff or a defendant to appear before the court in exceptional circumstances. According to general rule the presence of Attorney at Law authorized by you power of attorney will be sufficient.

First of all you have to execute a power of attorney certified by the Russian consulate or notarized + apostille. A copy of your passport is also required, a copy of your marriage certificate or divorce certificate with apostille and translation into Russian. Other documents may be also required depending on the circumstances you are intending to prove. In my turn, I will prepare the petition to the court requesting to find out the real properties registered in the name of your wife and to impose arrest on the property.

You need not make your wife provide you with the information about the property. The court will obtain the required information according to your petition.

The sooner you begin the case, the more are the chances to retain the property and prevent its selling by your wife or re-registration in the names of other persons.

The consideration of such cases takes a long time: six months and more.

Upon filing a suit you should pay a state duty which is calculated on the basis of the suit price.

As for attorney’s fee. This matter is rather expensive. So could you, please, specify the amount you would like to fit within? – I will try to take you requests into account, whenever possible. The fee may base on hourly rate or flat rate (if I accept your offer).

In any case, now you should define the composition of your property, and impose arrest as soon as possible to prevent your wife’s disposal of the property before the court judgement.

I will be glad to help you.

Karina Krasnova

Answer:

The first thing that should be noted with regard to your question is that neither U.S. nor Russia acknowledges dual citizenship. That is why the child will have only one citizenship. i.e. citizenship of Russia on the territory of Russia, and the citizenship of U.S. on the territory of U.S.

In the event of a dispute between the parents on the territory of Russia, preference will be given to the mother – citizen of Russia, and your brother will be able to pretend to only the right to visit his child.

His spouse will not be able to deprive him of the right to see his child. Subject to a request of your brother, the court will determine the procedure of realization of parental rights by the parent that lives separately from his child. Breach of this procedure may result in unfavorable consequences for his spouse, this is very serious.

However, at the same time, the court of Russia will not allow your brother to take the child out of Russia.

If your brother’s family moves to U.S.A., and your brother starts the divorce proceedings in U.S.A., in such case he can believe that in case of divorce of the parents the child – citizen of U.S. – will stay in U.S. Either with its mother or with its father – this is for the court to decide, however, this is a secondary matter in comparison with the country of residence of the child. I am sure that it will be easier for your brother to protect his interests in his own country.

This is a mistake that the marriage registered in Russia shall be dissolved only in Russia. This is not right. Place of registration of marriage is not essential for dissolution of marriage. Many marriages are registered even in some remote exotic countries, on exotic underpopulated islands. However, dissolution of marriage shall take place at the place of residence of spouses or one of the spouses. Place of residence is the main factor for dissolution of marriage and disputes with regard to the child. That is why before initiation of the divorce proceedings it is necessary to chose (if there is such a choice) the country, where consideration of the issue will be more favorable.

It is necessary to take into account that documents issued by authorities of one country shall be apostilled to be valid in another country.

Please, let us know about the city where your brother’s family lives. If your brother decides to initiate the divorce proceedings in Russia, we will be happy to help him.

Karina Krasnova

Answer:

The most important question: do you need consent of the father to visa reception in Turkey? If “yes”, you need help from court, and I will be glad to help you with this matter. If “not”, father's consent is not required according to the general rule of exit from the Russian Federation.

If no court decision determining with which parent the child would live with after divorce was obtained then it should be obtained now. Generally, such court decision is needed for the purpose of obtaining visa for the child together with the mother.

As fiancée visa is a non-immigration visa Russian authorities will consider such exit as a temporary trip abroad. If the father is against child’s exit from the country he should submit a written application to the Border Service of Russia. If he does so the child will not be able to leave Russia until this issue is settled by judicial means.

The safest way to resolve such conflict with the ex-husband is to terminate his parental rights to the children. This is possible when the father evades of upbringing the children, doesn't pay child support or the child support paid is below the minimum subsistence level and is not enough to satisfy child’s needs. If this is the case, you should gather evidence that the father does not take part in upbringing of the child, doesn’t meet the children, doesn’t keep in touch with their, doesn’t pay child support, and doesn’t give presents. If father’s parental rights are terminated by the court your fiancée will be able to take any decisions concerning the children without regard to father’s opinion.

Your fiancée will not have any difficulties with moving to Turkey if father’s parental rights are terminated. That is why you should find out what is required to obtain visa to Turkey and whether a court decision determining child's residence is enough. Lawyer in Turkey or immigration officer may help you with this.

Lawyer in Turkey or immigration officer will also provide you with information about marriage registration procedure in Turkey. I may provide you with information about marriage registration procedure in Russia. In order to register marriage in Russia you should have a proof of your marital status (i.e. a document proving that you are not married). You can obtain such document in the Consulate of Turkey in Russia just before you submit documents for marriage registration. You should also have a notarized copy of your passport translated into Russian. It is very important to make sure that your name and your wife’s new last name are identical in all Russian documents. You should also have temporary registration in the territory of the Russian Federation. According to the general rule a marriage is registered upon expiration of one month from the date of submission of the application but it may be registered prior to expiration of one month in case the period of your stay in Russia is limited.

Upon registration of marriage the spouses may choose one or the other's last name as their common or choose not to change their last names.

All documents issued in Russia shall be legalized in order to be valid in Turkey. In the same manner all documents issued in Turkey shall be legalized in order to be valid in Russia.

You may conclude a marriage contract that will regulate the property obtained by you after state registration of marriage. Such matters as place of residence of your future children, their citizenship, place of divorce, etc. can not be covered by a marriage contract.

I can help you in this matter. I need Power of Attorney from your fiancee, Children’s certificates, Divorce Certificate, and Attorney fee. I will be glad to help you.

Karina Krasnova

Answer:

As a have already mentioned a few times, the law expressly provides that a child may leave abroad together with one of the parents. According to the amicable agreement the child lives with the mother. Therefore no special permit was required. Mother was acting within the authorities given to her by the laws and the amicable agreement.

The amicable agreement doesn’t contain any provisions according to which the child shall reside at a certain address. Child’s place of residence is his mother’s place of residence, wherever it is.

Karina Krasnova

Answer:

As I have already mentioned in the previous reply, a minor citizen of the Russian Federation leaves the Russian Federation together with one of the parents according to Art. 21, 22 of the Law of the Russian Federation "Procedure for Departure from and Entry in the Russian Federation". The amicable agreement doesn’t change or cancel the procedure established by the Law. Thus neither the Law nor the amicable agreement provides for father’s consent for departure of the minor citizen of the Russian Federation from the Russian Federation together with his mother.

Karina Krasnova

Answer:

2. Father’s participation in child’s upbringing is regulated by the amicable agreement. Father has no right to demand return of his ex-wife and child to Russia. A right to choose a place of residence is a personal right of a citizen. The parent with whom the child actually lives is entitled to take decisions related to the child unless otherwise provided for in the agreement. The amicable agreement contains no restrictions of limitations of that kind.

When considering a case about a place of residence of a minor child, a court decides whether the child shall live with the mother or the father but it doesn’t determine child’s address after divorce of the parents. In this case the child follows the mother when she changes her place of residence and father’s consent is not required.

Karina Krasnova

Answer:

1. According to Art. 27, part 2 of the Constitution of the Russian Federation any person may freely leave the Russian Federation. Art. 15 of the Law of the Russian Federation "Procedure for Departure from and Entry in the Russian Federation" provides for limitation of the RF citizens’ right to leave the Russian Federation. The list of the limitations is exhaustive. An RF citizen’s right to leave the Russian Federation may be temporarily limited in case the citizen:

1) has an access to state secrets;
2) has been called up for military service or civilian substitute service pursuant to the Laws of the Russian Federation;
3) has been detained on suspicion of having committed a crime or has been put on trial as an accused;
4) has been convicted of committing a crime;
5) evades obligations imposed on him/her by court;
6) has provided knowingly false information when executing the documents required for leaving the Russian Federation.

Art. 20, 21 of the abovementioned law establish a procedure for departure of minor citizens of the Russian Federation. As a rule, a minor citizen of the Russian Federation leaves the Russian Federation together with at least one of the parents. A court decides whether a minor citizen of the Russian Federation may leave the Russian Federation in case one of the parents protests against child’s departure.
Such protest shall be expressed by submission of a relevant claim PRIOR to departure of the minor child. There are no obstacles to departure of a child together with the mother if there is no father’s written protest.

Thus a special permit for departure of a minor child from the Russian Federation is not required. The law expressly provides that a child may leave abroad together with one of the parents and that is sufficient to leave the Russian Federation. Father’s consent is not required by the Law.

As the mother is a custodian parent according to the court decision she is entitled to take the decision about the child’s departure from the Russian Federation and she is responsible for life, health, protection of rights and legal interests of her minor son abroad.

Karina Krasnova

Answer:

As a have already mentioned a few times, the law expressly provides that a child may leave abroad together with one of the parents. According to the amicable agreement the child lives with the mother. Therefore no special permit was required. Ms. Drozdova was acting within the authorities given to her by the laws and the amicable agreement.

The amicable agreement doesn’t contain any provisions according to which the child shall reside at a certain address. Child’s place of residence is his mother’s place of residence, wherever it is.

Karina Krasnova

Answer:

As I have already mentioned in the previous reply, a minor citizen of the Russian Federation leaves the Russian Federation together with one of the parents according to Art. 21, 22 of the Law of the Russian Federation "Procedure for Departure from and Entry in the Russian Federation". The amicable agreement doesn’t change or cancel the procedure established by the Law. Thus neither the Law nor the amicable agreement provides for father’s consent for departure of the minor citizen of the Russian Federation from the Russian Federation together with his mother.

Karina Krasnova

Answer:

Father’s participation in child’s upbringing is regulated by the amicable agreement. X-husband has no right to demand return of his ex-wife and child to Russia. A right to choose a place of residence is a personal right of a citizen. The parent with whom the child actually lives is entitled to take decisions related to the child unless otherwise provided for in the agreement. The amicable agreement contains no restrictions of limitations of that kind.

When considering a case about a place of residence of a minor child, a court decides whether the child shall live with the mother or the father but it doesn’t determine child’s address after divorce of the parents. In this case the child follows the mother when she changes her place of residence and father’s consent is not required.

Karina Krasnova

Answer:

1. According to Art. 27, part 2 of the Constitution of the Russian Federation any person may freely leave the Russian Federation. Art. 15 of the Law of the Russian Federation "Procedure for Departure from and Entry in the Russian Federation" provides for limitation of the RF citizens’ right to leave the Russian Federation. The list of the limitations is exhaustive. An RF citizen’s right to leave the Russian Federation may be temporarily limited in case the citizen:

1) has an access to state secrets;
2) has been called up for military service or civilian substitute service pursuant to the Laws of the Russian Federation;
3) has been detained on suspicion of having committed a crime or has been put on trial as an accused;
4) has been convicted of committing a crime;
5) evades obligations imposed on him/her by court;
6) has provided knowingly false information when executing the documents required for leaving the Russian Federation.

Art. 20, 21 of the abovementioned law establish a procedure for departure of minor citizens of the Russian Federation. As a rule, a minor citizen of the Russian Federation leaves the Russian Federation together with at least one of the parents. A court decides whether a minor citizen of the Russian Federation may leave the Russian Federation in case one of the parents protests against child’s departure.
Such protest shall be expressed by submission of a relevant claim PRIOR to departure of the minor child. There are no obstacles to departure of a child together with the mother if there is no father’s written protest.

Thus a special permit for departure of a minor child from the Russian Federation is not required. The law expressly provides that a child may leave abroad together with one of the parents and that is sufficient to leave the Russian Federation. Father’s consent is not required by the Law.

As the mother is a custodian parent according to the court decision she is entitled to take the decision about the child’s departure from the Russian Federation and she is responsible for life, health, protection of rights and legal interests of her minor son abroad.

Karina Krasnova

Answer:

Peter has two options: he can dissolve the marriage either in America or in Russia. Dissolution of a marriage in the USA is acknowledged in Russia and vice versa. No special procedure should be followed to this effect except for translation of documents into English and apostilization (if required).

I find it reasonable to settle all divorce and child related matters in Russia at the place of residence of the defendant. If he dissolves the marriage in the USA he should serve divorce documents to her in the manner acceptable to US courts. My partners or I can serve the documents to Inna and sign affidavit if such affidavit is acceptable by US courts (I’ve heard my New York colleagues saying that an affidavit may be signed only by a US resident. Is it true? Is there the same requirement in your state?). You may be able to serve the documents to her by Express mail (for example, DHL or FedEx). In any event the documents shall be served to Inna in the manner acceptable to US courts.

As for the child dispute, I don’t think it is in the jurisdiction of US courts. As far as I know a child is not in the jurisdiction of the USA if he/she has been living abroad for more than 6 months (Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).

However, if the child dispute is settled in a US court it will be quite difficult to enforce a decision of such court in the territory of Russia. As you know, there is no agreement on legal aid in civil and family cases between Russia and the USA, therefore such court decision will not be automatically acknowledged and enforced in the territory of the Russian Federation. It will take a lot of effort to enforce a decision of a US court in the territory of Russia. The court decision shall be legalized, apostilled and translated into Russian, a petition for acknowledgement and enforcement of the court decision shall be filed to a Russian court. In fact the Russian court will reexamine the case and deliver a new custody, child support and visitation judgment.

Therefore I think that your client should take legal actions and settle all matters in a Russian court. Visitation schedule will be fixed at your client’s request. But usually Russian courts are not willing to allow visitations outside the Russian Federation anticipating that a parent will not return the child to the territory of the Russian Federation. As you know the girl will be treated as a Russian citizen in Russia and a US citizen in the USA as neither Russia not the USA recognize dual citizenship.

The information you provided is contradictory: the letter dated the 17th of February states that the daughter was born in the USA but the letter dated the 8th of March states that she was born in Russia. The place of birth is of no importance to the settlement of the dispute but it is of the essence for execution of documents. If she was born in the USA your client shall obtain a certificate of her birth in a Vital Records Office at the place of her birth, apostille it and arrange a notarized translation thereof into Russian in Russia.

As for child support, it will be better if the parties are able to settle this matter (as well as custody and visitation) amicably as an amicable agreement between the parents will serve the best interests of the child. However, if the parents are not able to come to an agreement all abovementioned matters may be settled by court. Child support is 1/4 of total income.

But as I have already mentioned a decision of a Russian court is not legally binding in the territory of the USA and a decision of a US court is not legally binding in the territory of Russia. Therefore such court decision will not be enforced in the USA as recovery of child support in the USA differs from that in Russia. In order to enforce a decision of a Russian court in the USA Inna will have to submit the legalized decision of the Russian court in a US court and apply for recovery of child support in accordance with the US laws. It is a costly and time consuming procedure and it is reasonable only when the parties are not able to come to an agreement. An amicable agreement (if it’s possible) is the best way out for both parties.

One of the main advantages of an amicable agreement signed by the parties and approved by a court compared to a court decision is that it will be acknowledged in both countries and no special court procedure is required for that. In general child support is recovered from the date of application to the court.

Karina Krasnova

Answer:

If an agreement covering main issues related to upbringing of the child was signed by the parents such agreement is enough to obtain a Schengen visa and living abroad if provisions covering such issues are included in the agreement. As both parents are citizens of the Russian Federation such agreement shall be signed in the presence of a notary after consulting a lawyer and preparation of a draft agreement. The agreement may be executed in two languages. If citizens of the Russian Federation stay or reside abroad such agreement may be signed in a Consulate or an Embassy of the Russian Federation. I have a vast experience of drafting such agreements. Such agreements are signed by parents all around the world, they simplify relationships between ex-spouses and serve the best interests of minor children. Upon signing in the presence of a notary the agreement shall be apostilled in accordance with the Hague Convention dated 05.10.1961 signed, among others, by Russia and Belgium.

Termination of parental rights is not likely if the parents do not sign such agreement. Termination of parental rights is a measure of last resort applicable to a parent who evades discharge of his/her parental obligations or abuses parental rights. Father’s parental rights will not be terminated if the parents manage to come to an agreement about major issues related to upbringing of the child.

No maximum period between submission of an application for marriage registration and the registration is set by the laws but Vital Records Offices usually do not accept applications for marriage registration earlier than 3 months prior to the proposed registration date.

You should obtain a proof of your marital status in your Consulate in Moscow.

Karina Krasnova

Answer:

Procedure for cancellation of adoption is regulated by Art. 140-142 of the Family Code of the Russian Federation. Adoption can be terminated only by court order and by serious reasons. Usually termination of adoption is a punitive measure applicable to parents who evade discharge of their parental obligations, abuse parental rights, abuse adopted children, or are alcohol or drug addicted.

However a court may also cancellation adoption by other reasons. According to Art. 141, par. 2 of the Family Code of the Russian Federation a court is entitled to terminate adoption of a child by other reasons taking into account child's opinion and if it is in the best interests of the child.

Thus, notwithstanding that fact that the wish of adoptive parents to cancellation the adoption is not a direct and unconditional reason for such termination it may be done “by other reasons taking into account child's opinion and if it is in the best interests of the child”.

If a court comes to a conclusion that return of the child to Russia is in his best interests a corresponding court order will be issued and it will lead to the following:

- reciprocal rights and obligations of the adopted child and the adoptive parents and their relatives (including grandmother) will be terminated by court order;
- the child will be returned to his parents by court order. If he has no parents or return of the child to the parents is not in his best interests, the child will be taken care of by guardianship institutions;
- the court will also decide whether the name given to the child after adoption will be changed.

You should also keep in mind that the court is entitled to lay an obligation to pay child maintenance over the former adoptive parent (your daughter) in accordance with the procedure established by the law. Therefore after termination of adoption in Russia your daughter may be obliged to pay child support until the child becomes 18 years old.

In interests of the child the court can resolve adoption of the child by other family, without returning the child to Russia. In this case I see an alternative way of dealing with your problem. Many families in America dream of adoption and your child may be adopted by another family, in this way he will be able to live in a family in the USA.

For any actions concerning this child it is necessary for you to receive approval of Russian authorities.

Karina Krasnova

Answer:

If no court decision determining with which parent the child would live with after divorce was obtained then it should be obtained now. Such court decision is enough for the purpose of obtaining a US visa for the child together with the mother.

Father's consent is not required according to the general rule of exit from the Russian Federation. As K1 is a non-immigration visa Russian authorities will consider such exit as a temporary trip abroad. If the father is against child’s exit from the country he should submit a written application to the Border Service of Russia. If he does so the child will not be able to leave Russia until this issue is settled by judicial means.

The safest way to resolve such conflict with the ex-husband is to terminate his parental rights to the child. This is possible when the father evades of upbringing the child, doesn't pay child support or the child support paid is below the minimum subsistence level and is not enough to satisfy child’s needs. If this is the case, you should gather evidence that the father does not take part in upbringing of the child, doesn’t meet the child, doesn’t keep in touch with her, doesn’t pay child support, doesn’t give presents. If father’s parental rights are terminated by the court your fiancée will be able to take any decisions concerning the child without regard to father’s opinion.

If required I can prepare a claim for determination of child’s residence or termination of parental rights. We will also be able to carry this case in court and our US partners can prepare all documents required for the interview.

We will be glad to help you.

Karina Krasnova

Answer:

According to Russian legislation you may request annulment because your wife’s previous marriage has not been terminated. As far as I know the majority of countries does not recognize polygamy and impose penalties against such an action.

To get such information you can only through the court because Vital Records Office can provide this information only by court request.

You have right to apply to Russian court with annulment action. The court will request the Vital Records Office whether the divorce had been registered and the date of the registration.

If the answer from Vital Records Office is positive i.e. previous had been terminated, you have right not to participate in the case anymore. In this case, the court may dismiss the case at all.

If you find out that previous marriage has not been terminated, you will have right to request annulment of your marriage, to demand on financial damage and moral compensation.

Karina Krasnova

Answer:

If yore marriage was terminated by court, after court’s decision is in effect, the court is supposed to submit the copy of such a decision to the office where your marriage was registered. Therefore in order to find out whether your marriage had been terminated you have to send the request to this office (ZAGS). You can submit the request to the local court of neighborhood where your wife (or former wife) is residing as well.

On the other hand, knowing that your marriage has been terminated is not enough. You will need to collect all documents proving that such a decision has been made. You will need an excerpt from the court document, copy of that document, copy of the marriage termination, and you will need to put an apostil on these documents.

If you disagree with the court decision and you believe that your rights are violated, you have to ask the court to extend the time when you can appeal.

If your marriage is not terminated you want to divorce, you have to apply to the court to start the process.

Anyway I will be glad to help you.

Karina Krasnova

Answer:

I have analyzed the documents, received from you and the decision of the court, clarifying everything, which was not clear before. By the decision of district court of Moscow, dated 2008, your wife and your son were taken off the registration books at the place of residence as the result of the claim, received from your wife’s ex-mother-in-law, who is evidently the owner of the apartment in Moscow. First of all, what is necessary to do in this situation is to get the court decision from district court.

After you receive the decision of the court, your wife and your son can complete taking off the registration books. After getting the certificates of departure (documents, confirming the fact of taking off the registration books in the Passport office of their latest registration place in Moscow), the stamp about departure will be put in your wife’s passport.

When your wife and child get certificates of departure, they can easily get registered at the Russian consulate in USA. Residence in United States and absence of a residence in Russia will serve as the basis for registration at the Russian consulate in USA. Internet does contain enough information about Russian Consulate in USA, the rules of registration in Russian Consulates abroad are the same in all countries, because the Russian Consulates in all countries report to the Ministry of Foreign Affairs of Russia.

After you wife and your son register in the Russian Consulate in USA, they will be able to submit to the Consul official application with the request to change the name. Consulates abroad serve as Civil Registry Offices in Russia, and they have to make all the actions and formalities to solve your situation. But this should happen only after the registration at the Consulate in completed.

You can choose another option. Without showing the information about taking off the registration books you can submit to the Civil Registry Offices of Moscow application with the request to change the name. However, when you apply to Civil Registry Offices, you have to show them the decision of court, confirming deprivation of parental rights, from which it is vivid, that the registration at the place of residence was cancelled. This can be a reason for refusal.

If you have additional questions or you require practical help in respect of getting certificates of departure or in representation of the interests of your family in the Russian consulate I will be happy to give you my assistance.

Karina Krasnova

Answer:

Pursuant to the Russian law, the property received by way of gift, inheritance or under any other gratuitous deal is recognized as the property of the spouse to whom the property was granted or by whom is was inherited. In terms of the Russian law, the property of your father is out of danger. I believe that a spouse upon divorce in any country cannot divide the legacy, but I think that this matter may be specified additionally in the agreement.

It makes sense to sign a pre-nup in the country, where you are intending to reside. If it is the USA (which state?), you should sign the agreement in that particular state. I can send you to an attorney, who will make up the agreement for you taking into account your wishes and requirements to each other.

You may sign a marriage contract in Russia as well in respect of the property, which you are planning to acquire in Russia in the future. The marriage contract in Russia may be entered at any time within the marriage period, whenever the necessity will arise, and you will decide to acquire Russian property or open accounts with the Russian banks.

I believe that the pre-nup signed in the USA will be recognized in Russia, unless it contains provisions conflicting with the Russian law. However I would recommend you to sign two separate contracts in the USA and in Russia – if the property is available in both countries.

As regards the residence. Unfortunately, pursuant to the Russian law traditionally dating back to the soviet period the residence of a Russian Federation citizen has been understood as the place of his registered residence. Up to now the judicial practice is adhering to this position. Therefore as long as your husband is a Russian citizen and has residence registration within the Russian Federation, in terms of the Russian law he will be considered residing in Russia and being under its jurisdiction. This fact will allow him, if required, to dissolve the marriage in the Russian Federation.

But the available residence of your husband does not imply your residence in Russia: being a foreign citizen you have to comply with the visa regime within the Russian Federation.

If you are going to reside and work in the USA and Switzerland simultaneously, you may find the answer to your question here: http://www.irs.gov/pub/irs-trty/swiss.pdf .

Karina Krasnova