DIVORCE

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:

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

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:

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. Correspondence and evening education allows a person to study and work at the same time. Obtaining higher education is a right of a citizen and parents do not have to support him/her in this case. Alimony obligations are considered terminated from the date a child reaches the legal age (18 years).

Karina Krasnova

Answer:

According to Art. 160 of the Family Code of the Russian Federation termination of marriages between Russian and foreign citizens shall be performed in accordance with the laws of the Russian Federation. You shall file a divorce claim to a court. I wouldn’t recommend you to conclude a new marriage prior to termination of this one as it may be held invalid (Art. 14, 27 of the Family Code of the Russian Federation).

Karina Krasnova

Answer:

The law is on mother’s side in this case. As you do not want to recognize you paternity voluntarily your child’s mother is entitled to file a claim. According to Art. 49 of the Family Code of the Russian Federation in case a child is born from unmarried parents and in absence of parent’s joint application or father’s application, paternity shall be established by the court at request of any of the parents, child’s guardian or at request of a person providing the child with financial support or at child’s request upon reaching the legal age.
Herewith the court accepts any evidence proving paternity. A result of a genetic test is sufficient for settlement of such claims. In case you are proved to be child’s father you will have to support the child until he/she reaches the legal age (18 years) according to Art. 80, 81 of the Family Code of the Russian Federation.

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.
A spouse who didn't have personal income during the marriage due to housekeeping, upbringing of children or other justifiable reason also has a right to common property. You and your child are entitled to receive alimony payments. You child – according to Art. 81 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 fourth of parents' income for one child. The mentioned part of income paid as alimony payment can be reduced or increased by the court in consideration of financial and marital status of the spouses and other noteworthy interests of the parties. In the absence of an alimony agreement between the parents and in case a parent liable to effect alimony payments has irregular, changing salary and/or other income or in case such parent receives his/her salary and/or other income in foreign currency or such parent doesn’t have any income and in other cases when recovery of alimony payments in terms of a share of income is impossible, difficult or violates interests of one of the parties, the court in entitled to fix an amount of monthly alimony payments or as a combination of a share of income and a fixed amount. A fixed amount shall be determined on the basis of saving maximum possible level of child’s former financial support level taking into account financial and marital status of the parties and other noteworthy circumstances (Art. 83 of the Family Code of the Russian Federation). You are entitled to recover alimony payments for your own support according to Art. 90 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 recover alimony payments from her husband having necessary funds”. According to Art. 161 of the Family Code of the Russian Federation personal non-property and property rights of spouses who do not live together are determined by the legislation of the Russian Federation in the territory of the Russian Federation. According to Art. 163 of the Family Code of the Russian Federation rights and liabilities of parents and children including parents’ duty to support children are determined by laws of a country of their 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:

According to Art. 26 part 2 of the Law of the Russian Federation "About Certificates of Civil Statutes" in case of persons intending to conclude a marriage can not appear in a civil records office for the purpose of filing a joint application, such persons can file separate applications. Signature of a person who can not appear in a civil records office shall be notarized. In your case he should certify his signature in a Russian Consulate in Canada. You can not file an application by virtue of a power of attorney.

Karina Krasnova

Answer:

During these 10 days you shall familiarize yourself with judge's decision. In case the judge delivered a judgment to terminate the marriage (Art. 21-23 of the Family Code of the Russian Federation) you can appeal the decision. In case the judge delivered a judgment to terminate the proceedings due to conciliation of the parties, you shall wait for entry of the decision into legal force upon expiration of the mentioned 10 days. In any case the judge can not return the application accepted by the court to you and must deliver a judgment. The case files that you will receive will show what kind of judgment the judge has delivered.

Karina Krasnova

Answer:

According to Art. 23 of the Family Code of the Russian Federation a marriage shall be terminated given mutual consent of the spouses having minor children or in case one of the spouses avoids termination of the marriage though he/she doesn't have any objections. A marriage shall be terminated by court decision upon expiration of one months from the date of filing the divorce application (that is why hearing of your case was appointed in a month). According to Art. 22 part 2 of the Family Code of the Russian Federation in case one of the spouses is against divorce the court is entitled to establish a reconciliation term not exceeding 3 months. According to art. 167 of the Code of Civil Procedures of the Russian Federation the hearing shall be postponed in case one of the parties of the case is absent and there is no information concerning notification of such party. In case the parties were notified about the time and the place of the hearing the court shall postpone the hearing if reasons of their absence are considered cogent. The court is entitled to hear the case in the absence of any of the parties in case such party was notified about the time and the place of the hearing and didn't give reasons of absence or such reasons were not considered cogent. The court is entitled to hear the case in respondent's absence in case the defendant was notified about the time and the place of the hearing and didn't give reasons of absence or such reasons were not considered cogent. The court is entitled to postpone hearing of the case on application of a party of the case on account of absence of his/her representative due to a cogent reason. As there are a lot of grounds for postponing, the case can be examined during a very long period of time and it is quite difficult to define time limits.

Karina Krasnova

Answer:

Full or partial waiver of legal capacity by a citizen and other deals aimed at incapacitation are considered void according to Art. 22 part 3 of the Civil Code of the Russian Federation.
Your agreement is void according to Art. 168 of the Civil Code of the Russian Federation as non-conforming the laws , in particular the Constitution of the Russian Federation and the Law of the Russian Federation № 5242-1 "Right of Russian citizens to freedom of movement and choice of residence in the territory of the Russian Federation" and the Family Code of the Russian Federation.
Therefore you do not have any legal basis to require termination of the sale/purchase contract and enforcement of other provisions of your void agreement. You can conclude a marriage according to Art. 12 of the Family Code of the Russian Federation, mutual agreement of a man and a woman to conclude a marriage and achievement of marriage age are the only requirements for conclusion of a marriage. A marriage can not be concluded in case any of the circumstances mentioned in Art. 14 of the Family Code of the Russian Federation exist, i.e. a marriage can not be concluded by persons in case one of them is married; such persons are immediate relatives, an adopter and an adoptee; in case one of them is declared legally incapable due to a mental disease. This list is complete.

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