DIVORCE

Answer:

It is one of the ways for lonely people to solve the problem of creating a family. It is the way having the full right to exist. It is the way that fits shy and irresolute people who need help and directions, and those who are far from knowledge of computers and are unwilling to learn something new. Here we can also mention parties for those who are “thirty something”. In my opinion, this is a rather out-fashioned way to solve the problem of creating a family, but it works and helps people.

Karina Krasnova

Answer:

This is a modern and effective method of making acquaintances, and not only for the youth. If you have a personal computer connected to the Internet, you have unlimited opportunities in terms of creating a family, regardless of your age, sex, financial position and social status. However, along with great opportunities you might be faced with dangers: it is exactly in the Internet where fraudsters and crooks are more numerous than in any other place. Do not fall into despair and do not reject this method of getting to know new people. There are a lot of smart, talented, efficient people there who are not looking for entertainments and do not waist their time. One of them could be your choice. If you wish to find a husband/wife via the Internet, talk to as many people as possible. Make acquaintances, get to know something new, but do not give your personal information that could be used against you – do not forget that not only your friends are around. Follow simple rules: do not give your phone number immediately, do not give your personal data, do not appoint a meeting with each stranger. If you have talked with somebody long enough and are ready for the first meeting, appoint it in a busy place in the center of the city. Do not go to your new friend’s place and do not invite him/her to your place. Do not get in his car, but walk. Walking around the city does much good to your health. Do not carry extra money with you. Do not show that you are rich or, on the contrary, poor. Behave yourself calmly and pay close attention to your friend’s behavior. If something has caused your suspicions you had better abandon the acquaintance and continue the search.

If your man or woman of choice lives in another city or country, you should be even more careful and watch well so as not to be deceived. Do not idealize your chosen man and if you make up your mind to marry him, try to understand legal consequences of your choice. A few words on the subject are provided below.

Karina Krasnova

Answer:

Only marriage contracts can change the lawful ownership of spouses` property. As is known is a marriage contract is missing, property purchase by spouses in a marriage is their joint property and belongs to each in equal parts. However, spouses can come to agreement in respect to property belonging to them, on any terms not contradicting the current legislation. A marriage contract can be concluded both in respect to all property and any part thereof. A contract determines to whom spouses` property will belong in case the marriage is annulled, and can be concluded both in respect to the property already owned and future property. A marriage contract is reliable protection of spouses and their property in case of marriage annulment and in case of each other’s unfair acts. However, unlike marriage contracts of other countries, it cannot regulate non-property aspects of spouses` joint life. Mutual obligations, rights and obligations in respect to under-aged children and many other issues are still beyond the scope of a marriage contract.

Rights and obligations stipulated by a marriage contract can be limited in time or depend on certain condition. A contract can be changed, concluded or terminated at any moment of the marriage provided both parties agree. A marriage contract can be concluded at any moment of the marriage and even before state registration of the marriage. In the latter case it will become effective only upon marriage registration. We should not forget that joint living of unmarried persons does not generate any rights and obligations of spouses, and in respect to property belonging to them a regime of separate ownership is effective. In such case what matters is in whose name property is purchased and in which shares.

Karina Krasnova

Answer:

We have already talked about international marriages. You have to be as careful about your choice as possible, and remember that a family is not eternal. Divorce statistics in the 21st century is just threatening… That is why if you decided to marry an overseas prince or princess, you have to understand clearly in which country and on what terms you are going to live; which legislation is acting in respect to foreigners, when you will be able to obtain a temporary and permanent residence permit, when you will be granted the right of citizenship, what will happen to your children in case of marriage annulment, and what will happen to your property. If everything is more or less clear with Europe and America, Muslim countries for many of us are a mystery.

Problems of international marriages and divorces are raised daily in my practice. I wrote many articles and gave many explanations on the issue. Here are two of them.

Karina Krasnova

Answer:

Marriage crooks have been around in all times, and it is impossible, I believe, to root this phenomenon out. It has been much discussed in press and on TV. One should always watch out. Always…

Karina Krasnova

Answer:

Don’t worry; your personal data will never be published on web sire. We guarantee the confidentiality.

Karina Krasnova

Answer:

The question is put in the wrong way. Only a municipal apartment can be privatized; in case an apartment is cooperative it can not be privatized. In case the apartment is municipal and your mother privatized it you may be already deregistered from it (in any case it could be done only judicially). In this case you shall immediately recover your rights. In case the apartment is cooperative: who is the owner? Conclusions can be drawn depending on the circumstances. As for registration of the child, you can register your daughter at the place of your residence without obtaining any of your relatives’ consent (only upon your wife’s consent – Art. 20 p. 2 of the Civil Code of the Russian Federation). Your nephew’s wife can be registered in the apartment only upon written consent of all family members of legal age.

Karina Krasnova

Answer:

I think there is no responsibility for such actions. In accordance with the existing Family Code of the Russian Federation a marriage is considered dissolved from the effective date of a bill of divorce. Therefore receipt of a divorce certificate in a Civil Records Office is a formality which doesn’t change the civil status of the parties.

Karina Krasnova

Answer:

In accordance with Russian law, you can divorce without consent of your wife. In this case she has to claim that she doesn't agree and court will give up to three months for reconciliation. If the reconciliation doesn't come, the court will break the marriage.
You cannot begin the divorce proceedings in Russia if your wife has already addressed to Russian or foreign court with divorce suit and the case is being processed at the moment.
Depending of the circumstances, the divorce in Russia can take from 2 to 6 months.
In accordance with Russian law, you cannot be recovered alimony for support of your spouse if she doesn't perform maintenance of common child in age up to 3 and if she doesn't have disability. A criminal proceeding cannot be started against you due to divorce. But it's good idea to receive a consultation about the same questions from an American lawyer from the point of view of American Law.

Karina Krasnova

Answer:

First I would like to make more exact whether I understand your situation correctly:
1. Has your wife filed or is she going to file a divorce suit to a court in Saint-Petersburg? Do you wish me to represent you in court and appeal about reconciliation?
If so, please specify is there the divorce case processed, which court, what's date of hearing and all other information you know about it. I should inform you that if no reconciliation occurs and your wife insists on divorce, court will dissolve your marriage. But I will try to do as much as I can to force you wife to change her attitude towards divorce.
If you want to begin our common work, I will prepare and send you a text of Power of Attorney that you should sign.
2. I did not understand situation about the money. Do you want to recover the money you sent her if your marriage would be dissolve? I cannot help you in this matter. It seems me unlikely. You would not prove that there was a designed fraud from her side. Probably you make her life hard this way but it would not return your money back.

Karina Krasnova

Answer:

I can work with your divorce case.
But unfortunately I cannot help to return gifts you presented to your wife.
If you agree please send me a scan of your marriage certificate.

Karina Krasnova

Answer:

There is no such treaty. But Russia and Germany are participants of the Hague Convention of October 05, 1961. Any notarized and apostilled document will be accepted in any country participating in the Convention. Nevertheless, such document shall be accepted by a court only as a written proof but not as an evidence: evidence shall be given personally, orally and in public. In case you are a plaintiff, a defendant, an applicant, a third party or a victim you can issue a power of attorney to any person to read the case and such person will be authorized to witness for you in the court.

Karina Krasnova

Answer:

A marriage contract can not contain any provisions contradicting to the Family Code of the Russian Federation. Art. 168 of the Civil Code of the Russian Federation provides for nullity of a contract contradicting to the law or any other legal instruments. A marriage contract or any part thereof may be held invalid by the court on the basis of Art. 166-181 of the Civil Code of the Russian Federation. Te court may also hold a marriage contract or any part thereof invalid upon a spouse's request in case contract provisions discriminate this spouse. A marriage contract can not limit legal capacity or competence of the spouses; their right to seize the court in order to protect his/her rights; regulate personal non-property relations between the spouses, rights and liabilities of the spouses with regard to children; contain provisions limiting right of an unemployable impecunious spouse to receive financial support; contain any other provisions discriminating one of the spouses or contradicting to the main provisions of family legislation. Marriage contract provisions violating these requirements are considered void. Art. 43 of the Family Code of the Russian Federation and Art. 450-453 of the Civil Code of the Russian Federation provide for grounds, procedure and consequences of amendment and termination of a marriage contract.

Karina Krasnova

Answer:

According to Art. 10 of the Family Code of the Russian Federation a marriage shall be concluded in Civil Records Authorities. Rights and liabilities of spouses originate at the date of state registration of the marriage by Civil Records Authorities. You have to obtain a new passport for the purpose of marriage registration. Religious marriage is not acknowledged in Russia and doesn't have validity.

Karina Krasnova

Answer:

Because your wife is a Russian citizen and she permanently lives in Russia, and your marriage was registered in Russia, therefore, the court in Russia cannot decline to review your case, and this case can be reviewed in Russian court.

Karina Krasnova

Answer:

I am a member of Saint-Petersburg Bar association and I can work on your case in Moscow too. Please send me all the information about your divorce by email. Thanks.

Karina Krasnova

Answer:

Indeed it's possible to find out if the divorce took place. You will need to give that lawyer Rights of Attorney, so he/she can get access to the requested documents. If indeed the divorce took place, the lawyer will get the divorce certificate, legalize it and send it to your brother. Let me know where your brother's wife was living and I will be able to help you.

Karina Krasnova

Answer:

I have long time experience in divorce cases involving foreign citizens. If you are interested in working with me I can send you a Power of Attorney. When I receive the Power of Attorney signed by you, I can start all the required actions in Russia. Could you please let me know what city in Russia she lives? Who does possess the Marriage Certificate? Where was the marriage registered? I am ready to start working on your case and awaiting for your response.

Karina Krasnova

Answer:

In your case it's advisably to divorce in the USA. But it's possible to divorce in Russia if your wife has place of permanent living in Russia and she has not lost Russian citizenship.

Karina Krasnova

Answer:

I can find out whether your divorced took place or not. After that we can discuss the fee.

Karina Krasnova