DIVORCE

Answer:

According to Art. 188 part 1 item 6 of the Civil Code of the Russian Federation a power of attorney is considered terminated upon issuer's death, i.e. after your aunt's death you will not be able to receive any compensations instead of her.

Karina Krasnova

Answer:

It is impossible to register a marriage after death of one person. But father’s name can be given to the child. According to Art. 49 of the Family Code of the Russian Federation in case a child is born from unmarried parents, paternity shall be established by the court at request of any of the parents. The court accepts any evidence proving paternity including statement by witness including your evidence.

Karina Krasnova

Answer:

According to Art. 80 of the Family Code of the Russian Federation parents must support their minor children. Parents determine methods and forms of support. In case parents do not provide their minor children with financial support (alimony payments) such financial support shall be recovered judicially. According to Art. 85 part 1 of the Family Code of the Russian Federation parents must support their children after they reach the legal age only in case the children are unemployable (disabled). Studying in a higher education institution is not a disablement and doesn't entail an obligation to effect alimony payments. You daughter is entitled to chose an education form that will allow her to work as her parents do not have to support her after she reaches 18 years.

Karina Krasnova

Answer:

According to Art. 81 part 1 of the Family Code of the Russian Federation in the absence of an alimony agreement alimony payments to minor children shall be recovered judicially from children's parents on monthly basis: one third of parents' income for two child. Your alimony recovery application shall be adjudicated actionably with attraction of your husband’s first wife as a third party. It is advisable that your husband also applies for reduction of alimony payments to the child from the first marriage. In this case you and your husband’s first wife will be entitled to 1/6 of al income of your husband.

Karina Krasnova

Answer:

You are entitled to apply for reduction of alimony payments to a court (Art. 81, 119 of the Family Code of the Russian Federation). In case your claim is settled you alimony payments to your first wife will make 1/6 of all your income.

Karina Krasnova

Answer:

According to Art 36 part 1 of the Family Code of the Russian Federation all property owned by spouses prior to the marriage as well as property received by a spouse during the marriage as an inheritance or under other compensation-free deals (property of each spouse) is considered to be personal property of the spouse. According to Art 34 of the Family Code of the Russian Federation all property acquired during a marriage is considered to be common property of the spouses. So a wife doesn’t have a right to the property acquired by your brother before the marriage. But you shall hold in mind that in case you register your wife in your apartment she may acquire a right to use the mentioned apartment so you shouldn’t do it. You shall also hold in mind that you can conclude a marriage contract (Art. 40-43 of the Family Code of the Russian Federation).

Karina Krasnova

Answer:

Alimony payments can be recovered by court at your wife’s request (Art. 81 of the Family Code of the Russian Federation). They can be recovered during the marriage and after divorce. In case a claim hasn’t been filed you can conclude a notarized agreement with your wife ad effect alimony payments under such agreement, you can also file an application to your employer’s accounting department with a request to withhold an alimony amount of ¼ of your income or you can effect alimony payments to your wife by mail. You can chose the most convenient variant. You can initiate divorce proceedings and the case will be examined irrespective of your wife’s wish, the court is entitled to establish a reconciliation term not exceeding 3 months, in case the reconciliation is not reached the upon expiration of such term the marriage will be terminated (Art. 21, 22 of the Family Code of the Russian Federation). In your case the court may oblige your wife provide you with possibility to see the child and spend your vocation with him: termination of parents’ marriage doesn’t affect child’s rights (Art. 55 of the Family Code of the Russian Federation).

Karina Krasnova

Answer:

The Family Code of the Russian Federation doesn’t provide for such term as "common-law marriage". According to Art. 2 part 1 of the Family Code of the Russian Federation a marriage is considered to be a marriage only in case it is registered by a civil records office. Any other relationships are not considered to be marriage. According to Art. 34 part 1 of the Family Code of the Russian Federation spouses’ common property can be parted both during the marriage and after divorce at request of any of the spouses. The Family Code of the Russian Federation doesn’t provide for partition of property acquired during a "common-law marriage". Therefore Art. 34 of the Family Code of the Russian Federation is not applicable in this case.

Karina Krasnova

Answer:

I suppose that the refusal is lawful. A Civil Records Office shall verify conditions for marriage registration (Art. 12 of the Family Code of the Russian Federation) particularly reaching marriage age (Art. 13 of the Family Code of the Russian Federation) at the moment of filing a marriage application. Furthermore, according to Art. 21 part 1 of the Civil Code of the Russian Federation a citizen obtains ability to receive and use civil rights, create civil liabilities and fulfill them (civil legal capacity) upon reaching the legal age i.e. eighteen years. Therefore, you girlfriend is under-age at the present time and can not file a marriage application unless local authorities reduce the marriage age.
In case you think the refusal is unlawful you are entitled to appeal to a higher authority of court but I guess that by the time you obtain a response whether positive or negative your girlfriend will reach the legal age.

Karina Krasnova

Answer:

You friend is entitled to terminate the marriage in case she wants it. Her husband doesn’t have such right. According to Art. 17 of the Family Code of the Russian Federation a husband is not entitled to initiate divorce proceedings during his wife's pregnancy and during the first year of their child's life unless he’s got wife's consent. Right to alimony payments doesn’t depend on divorce, alimony payments can be recovered during marriage (Art. 81 of the Family Code of the Russian Federation). Your friend is also entitled to recover alimony payments to support herself until the child reaches the age of three years in case she takes care of the child (Art. 89, 90 of the Family Code of the Russian Federation). Marriage termination is not required in this case either.

Karina Krasnova

Answer:

According to the Russian Law you have a right to child support money. According to Art. 163 of the Family Code of the Russian Federation rights and liabilities of children and parents including parents' duty to support their children are determined by laws of the country of parents' joint residence. In case parents and children do not live together rights and liabilities of children and parents are determined by laws of the country of child's citizenship. Laws of the country of child's permanent residency may be applied with regard to alimony obligations and other relations between children and parents upon plaintiff's request.

Karina Krasnova

Answer:

Unfortunately you didn't give enough information. I can suppose that you and your husband are citizens of the Russian Federation. I case it is not so, divorce procedure is the same but there are a few details that should be take into account in executing documents. According to the Family Code of the Russian Federation in case both spouses agree to divorce and they do not have minor children, the marriage is terminated by a civil records authority. A marriage can be terminated by a civil records authority upon application of one of the spouses irrespective of whether they have minor children or not in case the court declares the other spouse missing or legally incapable, the other spouse is sentenced for a period exceeding three years. A marriage is terminated and a divorce certificate is issued by a civil records authority upon expiration of one month from the date of divorce application.
A marriage shall be terminated by court decision in case the spouses have minor children or one of the spouses is against the divorce or in case one of the spouses avoids termination of the marriage by a civil records authority though he/she doesn't have any objections to termination of the marriage. A marriage is terminated in case the court comes to a conclusion that family life of spouses can not be retained. In case one of the spouses is against divorce the court is entitled to establish a reconciliation term not exceeding 3 months.
In case such reconciliation measures do not bring any result and the spouses (one of them) insist on divorce the marriage is considered dissolved. In case both spouses agree to divorce by judicial means, the court shall terminate the marriage without identification of reasons for the divorce. A marriage shall be terminated upon expiration of one month from the date of divorce application filed by the spouses. In order to divorce you should present your passports and your marriage certificate. Other documents may be required depending on a situation.

Karina Krasnova

Answer:

According to Art. 34 of the Family Code of the Russian Federation a child has a right to communicate with both parents, grandfather, grandmother, brothers, sisters and other relatives. Divorce of parents, invalidity of parents' marriage or separate residence of parents doesn't affect child's rights. In case of separate residence of parents a child has a right to communicate to each of them. A child has a right to communicate to his/her parents even in case they live in different countries. All disputes related to upbringing of children shall be settled by judicial means.

Karina Krasnova

Answer:

In case both spouses agree to divorce there is nothing that can cause difficulties. As they have a child their marriage can be terminated only by court decision (Art. 21 of the Family Code of the Russian Federation). Herewith in case the husband applies to court, the wife can give a written consent to divorce and hearing of the case in her absence (it can be given in a notarial office or in the court). The wife can also apply to court and request the court to hear the case in her absence. The marriage can be terminated even if she leaves Moscow without giving her consent to divorce or filing a divorce claim: in this case a notice issued by the court in her name shall be registered in housing authorities.

Karina Krasnova

Answer:

According to Art. 34 of the Family Code of the Russian Federation all property acquired during a marriage is considered to be common property of the spouses. Property acquired during the marriage includes income of spouses received from labour activity, entrepreneurial activity and intellectual activity, pensions, allowances and other monetary payments, movable and immovable property acquired during the marriage, securities, participatory interest, deposits, shares in capital contributed to credit organizations or other commercial organizations, as well as other property acquired by the spouses during the marriage irrespective of the fact whose name it is registered on or who contributed the money. Common property shall be divided in accordance with Art. 38 part 3 of the Family Code of the Russian Federation (judicially).

Karina Krasnova

Answer:

There are three ways to receive a duplicate of the marriage certificate: go personally and receive; or address to a civil records office at the place of residence – the office shall request a duplicate marriage certificate and issue it to you. You will have to present your passport and pay the state duty; or you can authorize a representative in Vladivostok to obtain a duplicate marriage certificate for you (power of attorney is required). You decide which variant is suitable. You shall apply to court in Kaliningrad and give your wife's registered address and actual place of residence.
In case your wife is against divorce the court will to establish a reconciliation term not exceeding 3 months. In case the reconciliation is not reached upon expiration of the mentioned term your marriage will be terminated (Art. 22 part 2 of the Family Code of the Russian Federation). On the assumption of your letter I do not think your wife has any rights to your parents' apartment.

Karina Krasnova

Answer:

According to Art. 21 part 1 of the Family Code of the Russian Federation a citizen obtains ability to receive and use civil rights, create civil liabilities and fulfill them (civil legal capacity) upon reaching the legal age i.e. eighteen years.
In cases when the law allows conclusion of a marriage before reaching the age of eighteen, a citizen who hasn't reached the age of eighteen obtains full legal capacity at the date of marriage.
Legal capacity obtained as a result of marriage shall retain in full in case of divorce before reaching the age of eighteen.
In case a court declares a marriage invalid it can also deprive an under-age spouse of his/her full legal capacity from the date determined by the court.

Karina Krasnova

Answer:

According to Art. 81 part 1 of the Family Code of the Russian Federation in the absence of an alimony agreement alimony payments to minor children shall be recovered judicially from children's parents on monthly basis: one forth of parents' income for one child. According to Art. 90 part 1 of the Family Code of the Russian Federation an ex-wife during pregnancy and during three years from the date of child's birth is entitled to alimony payments. According to Art. 91 part 1 of the Family Code of the Russian Federation in the absence of an alimony agreement between spouses (former spouses), alimony amount shall be determined by court on the basis of financial and marital status of the spouses and other noteworthy interests of the parties, such amount shall be fixed and shall be paid monthly.

Karina Krasnova

Answer:

According to Art. 58 of the Law of the Russian Federation “About Certificates of Civil Statutes” a person who reach the age of fourteen years is entitled to change his/her name including last name, first name and patronymic name. Change of the name shall be registered by a civil records office locate at the place of applicant's residence or at the place of birth registration of a person changing his/her name. Name of a minor child can be changed in case of agreement of his/her parents, adoptive parents or a guardian or on the basis of a court decision except for cases when a child obtains full legal capacity prior to reaching the legal age. Change of a name of a person who hasn't reached the age of fourteen shall be performed on the basis of Custody Agency’s resolution in accordance with the procedure established by Art. 59 of the Family Code of the Russian Federation. Change of name is subject to state registration by civil records authorities.
According to Art. 59 of the Family Code of the Russian Federation in case the child hasn't reached the age of fourteen a Custody Agency is entitled to allow a change of child's name at parents' joint request. In case child's parents do not live together and a parent with who the child lives decides to give the child his/her last name a Custody Agency shall consider this matter depending on child's interests and taking into account the other parent's opinion. Parent's opinion may not be taken into account in case such parent's residence is not known, such parent's parental rights were terminated, such parent was declared legally incapable and in case such parent avoids upbringing and supporting the child without due causes. Name of a child who reached the age of ten years can be changed only upon child's agreement.

Karina Krasnova

Answer:

According to the Russian Law – not the US Law – in accordance with the laws of the state of your residence.
As for the Russian Law. According to Art. 89, 90 of the Family Code of the Russian Federation the following former spouses are entitled to alimony payments from their former spouses having necessary funds:
- an ex-wife during pregnancy and during three years from the date of child's birth;
- a impecunious former spouse taking care of their disabled child of legal age or their child disabled from childhood (I invalidity group);
- a disabled impecunious former spouse who became disabled prior to divorce or within a year from the date of divorce;
- an impecunious spouse who reached pension age within five years from the date of divorce in case the spouses were married for a long period of time.
This list is not complete.

Karina Krasnova