DIVORCE

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

Answer:

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 forth of parents' income for one child, one third of parents' income for two children, half of parents' income for three and more children. The mentioned shares 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. The birth of a second child is a ground for reduction of the alimony amount. But judicial practice is ambiguous in such cases therefore the second wife shall recover alimony payments from her husband in order to reduce alimony payments to the child from the first marriage. A judicial decision on alimony payments to the child from the second marriage is a ground for reduction of alimony payments to the child from the first marriage to 1/6.

Karina Krasnova

Answer:

According to Art. 11 part 1 of the Family Code of the Russian Federation a marriage shall be concluded in the presence of a bride and a groom upon expiration of a month from the date of submission of an application to a civil records office. A civil records office is entitled to allow conclusion of a marriage prior to expiration of one-month term in case of exceptional circumstances, it can also extend such term to the maximum of one month. In case of exceptional circumstances (pregnancy, birth of a child, threat to life of any of the parties and other circumstances) a marriage can be concluded at the date of submission of an application.

Karina Krasnova

Answer:

According to Art. 80, 81 of the Family Code of the Russian Federation parents must support their minor children. Parents determine methods and forms of support. Parents are entitled to conclude an agreement with regard to supporting their minor children (alimony agreement). In case parents do not provide their minor children with financial support (alimony payments) such financial support shall be recovered judicially. In the absence of an alimony agreement, alimony payments shall be recovered judicially from children's parents on monthly basis: one forth of parents' income for one child, one third of parents' income for two children, half of parents' income for three and more children.
Art. 89-91 of the Family Code of the Russian Federation provides for alimony payments to support an unemployable wife (ex-wife) during three years from the date of child's birth. 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. According to the abovesaid a right to alimony payments depend not only on existence of a child under the age of three years but also on existence of a marriage (registered or terminated). In case child's parents have never been married child's mother doesn't have a right to alimony payments to support herself.

Karina Krasnova

Answer:

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. This issue is also mentioned in Resolution № 15 "Application of laws in consideration of divorce cases" adopted by the Plenum of the Supreme Court on November 05, 1998. The first clause of the Resolution provides for the following: while noting divorce claims the courts shall take into account the fact that 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 without wife's consent. In case wife's consent is not obtained the court shall withhold noting divorce claims and in case such claims have been noted the court shall terminate the proceedings. The mentioned is not a preclusion to filing a divorce claim again in case the circumstances mentioned in Art. 17 of the Family Code of the Russian Federation ceased.
A divorce claim filed by a wife can be adjudicated irrespective of child's age. In case the husband disagrees the court is entitled to establish a reconciliation term not exceeding 3 months according to Art. 22 part 2 of the Family Code of the Russian Federation.

Karina Krasnova

Answer:

According to Art. 61 part 2 of the Family Code of the Russian Federation parental rights terminate when children reach the age of eighteen (legal age), minor children get married as well as in other cases when children obtain full legal capacity prior to reaching the legal age. Art. 80 part 1 of the Family Code of the Russian Federation obliges parents to support their minor children. Art. 85 of the Family Code of the Russian Federation provides for the only case when parents must support their children after the latter reach the legal age – in case children are unemployable (disabled). Studying in a higher education institution is not a disablement and doesn't entail an obligation to effect alimony payments.

Karina Krasnova

Answer:

According to Art. 87 of the Family Code of the Russian Federation adult able-bodied children are obliged to support their unemployable impecunious parents and take care of them. Alimony payments shall be enforced by action in case there is no alimony payment agreement. Alimony amount shall be determined by the court taking into consideration financial and marital status of parents and children as well as other noteworthy interests of the parties, such amount shall be fixed and shall be paid monthly. The court is entitled to take into account all adult able-bodied children of such parent irrespective of whether the claim has been raised against all or any of them.
Children can be relieved from their duty to support their unemployable impecunious parents in case it is proved that the parents deviated from performance of parental duties. Children are relieved from alimony payments to parents deprived of parental rights.

Karina Krasnova

Answer:

According to Art. 89, 90 of the Family Code of the Russian Federation spouses shall financially support each other. In case of refuse to render such support or in absence of alimony payment agreement between the spouses, an unemployable impecunious spouse is entitled to recover alimony payments judicially from his/her spouse having the required funds. A disabled impecunious former spouse who became disabled prior to divorce or within a year from the date of divorce is entitled to recover alimony payments from his/her spouse having the required funds. According to Art. 91 of the Family Code of the Russian Federation in case spouses (former spouses) do not reach agreement concerning amount of alimony payments, such amount shall be determined by the court on the basis of financial and marital status of the spouses (former spouses) and other noteworthy interests of the parties, such amount shall be fixed and paid monthly. A former spouse can be relieved from his/her duty to support his/her unemployable impecunious spouse or such support can be limited by time both during the marriage and after divorce in case spouse’s disability resulted from inordinate drinking, drug use, commission of an intentional crime; due to short period of marriage or disgraceful behaviour of a spouse claiming for alimony payments (Art. 92 of the Family Code of the Russian Federation).

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:

According to Art. 15-17 of the Law of the Russian Federation № 114-ФЗ dated August 15, 1996 “Procedure of entry and exit from the Russian Federation”, sub article 5 art. 6.1 of the Instruction approved by Order N 310 “Approval of the Instruction on issue of passports to Russian citizens for purposes of entry and exit from the Russian Federation” issued by the Ministry of Internal Affairs on 26.05.1997, a right of a Russian citizen to depart from the Russian Federation can be temporarily limited in case he/she avoids fulfillment of obligations imposed on him/her by court (in this case – alimony payments) until complete fulfillment of obligations or unless the parties reach an agreement. Relatives’ consent is not provided for by the Russian Law. However you will be able to exit and enter the Russian Federation without father’s consent. Basis: Art. 20, 21 of the Law of the Russian Federation № 114-ФЗ dated August 15, 1996 “Procedure of entry and exit from the Russian Federation”.
New Zealand visa granting procedure is regulated by the laws of New Zealand. You should find out in the New Zealand Consulate whether unfulfilled obligations are a basis for visa denial.

Karina Krasnova