How to get a divorce if the marriage is registered in another country

How can a decision on divorce made by competent authorities abroad be recognized in Russia?

In order to recognize a decision on divorce made by competent authorities abroad in Russia, the following conditions must be met:

competence condition; That is, the decision to divorce must be made by the competent authorities. For example, if, in accordance with the family law of the country where the divorce took place, the competent authority is a judicial institution, then the divorce must be carried out there.

Important: It is very important here to know the legislation of the country where the divorce takes place. Many countries do not allow divorce between spouses who have no ties to the country where the divorce is planned. Check with our specialists!

compliance with the legislation of the foreign state in which the divorce is being carried out. Divorce must be carried out in strict compliance with the family law in force in the country of divorce. Quite often, the legislation of countries contains reference rules, due to which it is necessary to refer to the law of another state. All these factors must be taken into account.

If these conditions are fully satisfied, the divorce abroad will be recognized in the Russian Federation.

Article on the topic: Divorce

After a marriage is dissolved in court, the spouses will receive a court decision. It is necessary to register a divorce in the same way as it would be done at home. In Russia, registration is carried out by registry offices, and abroad - by consulates.

Other articles on the topic: Divorce

The divorce process becomes somewhat more complicated if the couple has minor children, or one of the spouses is against divorce. In such cases, it is necessary to contact the authority competent to consider such cases. International treaties of the Russian Federation may provide for the possibility of its own citizens turning to the competent authorities of a foreign state, but it is more reliable to resolve divorce cases in Russian courts. To do this, it is not necessary to come here; the law provides for the opportunity to conduct cases in court not only personally, but also through representatives. You just need to contact a family law attorney and send him a duly executed power of attorney and other necessary documents. A lawyer can help resolve related issues: property, alimony, and the future residence of children. If you are not planning to seek professional help, you need to send by mail a claim to the court, an application to consider the case in the absence of the plaintiff, a statement from the defendant agreeing to divorce and considering the case without his participation (this will greatly simplify the matter), a document confirming the marriage, and other documents (their list depends on the issues being resolved in the process). After receiving the necessary materials, the court may agree to consider the case without the plaintiff, defendant and representatives, but it may also refuse. In any case, you will have to be patient; such processes are not quick.

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It turns out that a wedding is a very happy moment in life, but after happiness, joy disappears very quickly. Getting a divorce is, of course, very difficult and unpleasant, especially when one of the parties does not give its consent to dissolve the marriage. The most quickly effective divorce occurs at a time when previously newlyweds and now divorcing give simultaneous consent, and the absence of children will have a positive effect on the speed of execution of the act. In this course of events, the procedure takes place in the local registry office. To simplify the process, it is better to contact the institution where the marriage certificate was previously registered. But a divorce can be filed not only at the place where it was concluded. You can also file a claim in lieu of permanent residence.

If you are filing for divorce and at the same time are in the city where you formalized your marriage, then the process will not be so complicated. Another thing is living in other cities or even countries, and not having a residence permit with a permanent place of registration. However, it is not possible to obtain a comprehensive answer from modern legislation. The following conclusion can be drawn: during the execution of the act through any higher institution, the place of residence is determined by the place where the request was submitted. In accordance with the law of the Russian Federation “On the possible right of residents of Russia to freely choose their place of residence”, this is understood as any place suitable for location that meets the following requirements:

Where is the best place to apply?

The same law provides for mandatory and compulsory registration of absolutely all citizens at their place of registration. It turns out that you can only apply for divorce with state-approved registration.

If a spouse wishes to dissolve the marriage under Russian law, but lives abroad, then he can draw up an application and submit it to the Russian consulate or diplomatic mission in the country of his residence. In this case, there are a number of peculiarities: instead of a fee, a consular fee is paid (which on average and in most cases is 280 US dollars), as well as other fees that are associated with the direct provision of this service by the state, but citizens of the Russian Federation do not pay them.

When is a marriage considered dissolved abroad?

The marriage is considered dissolved from the moment the foreign decision enters into legal force. To determine the exact period, it is necessary to refer to the procedural legislation of the country where the divorce took place. If you are interested in this question, write to us.

The legal company GFLO Consultancy provides a full range of services in the field of family law in Russia and abroad. If you have questions or need advice, we will be happy to help!

Video: Marriage with a foreigner. Legal assistance, consultation

Marrying a foreigner, flying away to a magical overseas country - isn’t this what many single ladies secretly dream of? But the reality is that there is often a need to file a divorce from a foreign spouse, and here difficulties arise due to a lack of understanding of the intricacies of international law, foreign and domestic legislation, as well as one’s own rights and obligations.

When can you divorce a foreigner at the registry office?

application in the form established by the registry office;
passports of those persons who apply;
document confirming marriage;
confirmation that the state duty in the required amount has been paid (if two people apply, with their mutual consent, then 650 rubles are paid from each spouse; if, in the presence of significant circumstances, one spouse has the right to divorce, then he must pay only 350 rubles);
in accordance with the reason that served as the basis for the unilateral filing of the application, a judicial act will be required that establishes the person’s incapacity, or his unknown absence, or the commission of a crime.

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In the modern world, Russians often marry foreigners. In this regard, the question may arise: how to get a divorce if the marriage is registered in another country. In Russia, there are special rules for the recognition of marriages registered abroad. The procedure for its termination is similar to that for citizens of the Russian Federation.

...Greek

“Agapi mu” is the Greek word for “my love.” It sounds for the time being, until a painful, but very vital situation arises related to the need to end the marriage.

By the way, divorces of spouses are known to us from Ancient Hellas - 2.5 thousand years ago, during the time of Homer, it could be demanded by both husband and wife. In modern Greece, most non-consensual divorces inevitably take place through litigation. The law limits the reasons for the dissolution of a marriage: bigamy, adultery, separation, threat to life or domestic violence. And the decision on the divorce of spouses, custody of children and the necessary alimony to be paid on the basis of a corresponding claim is made by the district court of first instance at the place of residence of the defendant or at the last place of joint residence of the family during the period of marital disagreements.

It is curious that, in accordance with Greek law, third-country citizens who have received a residence permit as family members of a Greek citizen have every right to remain in Hellas even after breaking off relations with their spouse. It is enough for the marriage to last at least three years.

State duty

This excitement towards you is caused by the fact that after the end of a relationship, very often spouses move to different cities or countries. They live there with a marriage on their shoulders, although nominally it has been absent for a long time. The longer, the more problems and difficulties await those who, for whatever reason, did not immediately dissolve their marriage. It is important not to hesitate here, because later the matter can be extremely delayed.

If there is consent of the second spouse

You also need to draw up a power of attorney, which should also be sent to your husband (he must also be certified). But this method is only suitable for those couples whose members express mutual consent.

May 15, 2021 uristgd 183

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Nuances of divorce from a foreigner in Russia

The interested party must submit an application to the judicial authority indicating the permanent residence address of the defendant, to which the corresponding claim will be sent. If the location of the defendant is unknown, the document indicates the address at which he was registered in the Russian Federation.

In a court

If the document is not legalized, the marriage cannot be considered dissolved. In the future, a foreigner who has ended his family relationship in the Russian Federation may have problems entering into a new marriage in his home country.

If the conditions mentioned above are met (mutual consent, absence of property claims and a common child), the divorce in the registry office occurs on the basis of a joint application of the husband and wife. But if one of the spouses is in the territory of another state, but agrees to divorce, he should personally sign and notarize the application. Then the registry office employees will register the divorce in the deed book; the participation of the foreign husband is not necessary. The application can be submitted by a spouse living in Russia, or the document can be sent by mail.

Question: how can spouses who have been staying or living in another state for a long time get a divorce? Do you have to come to Russia to get a divorce, or can you get a divorce abroad?

Divorce from a foreigner in the registry office

It must be taken into account that the claim is filed at the place of residence of the defendant. But where to send the documents if the foreign husband has left the Russian Federation and it is not known where he currently lives? In such cases, the application is sent to the court at the place of last residence of the spouse (or married couple), or at the location of the property. The application must indicate that the defendant’s new address is unknown, the latter has left Russia and has been living abroad for a long time.

the couple has common children under 18 years of age, but no agreement has been reached regarding their future place of residence, upbringing, education, and financial support;
division of jointly acquired property is required, the total value of which exceeds 50 thousand rubles.

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There are no problems if the defendant is in the Russian Federation. According to Art. 28 of the Code of Civil Procedure of the Russian Federation, the claim is sent to the place of residence of the foreigner. If it is not known for certain, the application can be submitted at the place of last stay or location of the property in the Russian Federation (Clause 1, Article 29 of the Code of Civil Procedure of the Russian Federation).

Foreign husband is not in Russia, but agrees to divorce

If a spouse from another country deliberately prevents a divorce and does not give consent to it, and at the same time does not live in Russia, the second spouse has every reason to demand the official termination of all marital relations through the court of our country.

Citizens of our country can start a family with foreigners. But divorce will differ somewhat from the standard procedure due to circumstances. It is possible to divorce a foreigner in Russia ; you just need to take into account some of the nuances regulated by the Family Code of the Russian Federation.