A marriage with a foreigner, which at first seems like a happy fairy tale, sometimes turns into a divorce. The reason for this may be different views on family relationships, the construction of life, relationships, mentality and so on. However, a divorce from a foreigner can be very difficult.
How to initiate a divorce proceedings?
The separation of former lovers is always stress, and when the Family Code intervenes in the process, the number of unpleasant surprises and problems increases at times. The ideal option is to get a divorce by mutual consent. In this case, a divorce from a foreigner is filed at the registry office. In all other cases, you will need to contact the judiciary. At the beginning of the process, it is necessary to draw up a statement of claim, collect a package of necessary documents and submit them for consideration.
Mandatory documents for a divorce from a foreigner:
- Divorce Statement.
- Identity cards of both spouses.
- Citizenship Document.
- Conclusion on the registration of marriage.
- State duty receipt.
If the divorce is filed through the court, then the statement of claim must be submitted at the place of registration of the defendant. This condition is mandatory and strictly controlled by law. It is allowed to register a divorce with a foreigner in the territory of the Russian Federation without his personal presence.
Divorce from a citizen of another country on the territory of the Russian Federation
Depending on the circumstances, the marriage union with a foreigner can be terminated in the following ways:
- In the registry office.
- Through the court.
- In the Russian mission of another state.
The divorce between a citizen of the Russian Federation and a citizen of another state is easiest to issue on the territory of Russia. In this case, the decision is made according to the rules of Russian law.
If between Russia and that state, the citizen of which is the second side of the marriage, an international agreement is concluded, then the case will be considered within the framework of the existing document and according to the directives provided for in it.
In addition, you should know that a divorce from a foreigner, drawn up under Russian law, may be unrecognized in some countries. To avoid this problem, it is better to conduct a divorce proceedings where the family was created. Then all the requirements will be exactly met, and the decisions are valid.
Of great importance is the presence of children. So, if the family consists of three persons or more, then a divorce from a foreigner in Russia, and even more so in another state, becomes much more complicated.
Divorce through registry office
This is the simplest method, from a procedural point of view. But only spouses who have no children can use it, they both live on the territory of the Russian Federation and have no claims to each other regarding the division of property acquired together.
In this case, the former lovers simply submit an application for the termination of the marriage bonds and other documents to the registry office at the place of residence. After that, their direct participation is not required. A month later, you need to come to the registry office and get your hands on a ready divorce certificate.
Registration of a divorce in the registry office without a spouse
If a divorce is made in Russia with a foreigner, but he cannot be present at the same time, then the procedure will still be carried out. But for this to happen, it is necessary to comply with the condition - the application submitted to the registry office must be written by a foreigner by hand, translated into Russian and notarized. If everything is done correctly, then the divorce will be issued in 30 days.
Features of divorce through the court
When a couple cannot agree and complete everything through the registry office, one of them will need to file a lawsuit. A marriage union with a citizen of another state is so terminated in the following cases:
- In case of disagreement of one of the parties.
- If there are minor children.
- Spouses cannot independently divide property.
- If necessary, collect alimony for the maintenance of minor children.
Divorce on the territory of the Russian Federation with a person who does not have Russian citizenship is accompanied by a number of nuances. If they are not followed, then the process will not begin. The most important condition is that a statement of claim for divorce can be submitted to a foreigner only at the place of registration of the defendant. In the event that he does not live at his former address, the document indicates that the whereabouts of the spouse is unknown.
To comply with the rights of a foreigner, it is necessary to notify him that a lawsuit has been filed and a trial is being prepared. You should not hope for a quick divorce, since it takes a lot of time to find and notify the defendant.
The court will begin to consider the submitted application and documents only after evidence is received about informing the defendant. A foreign citizen must notify that he has read the lawsuit and has no claims to the proceedings.
Significantly simplifies the procedure, a notary certified by the notary from the defendant with consent to the divorce and a request to formalize everything without his personal participation. If necessary, he may instead send himself an official adherent who has the right to legally participate in the process and represent the interests of an alien.
After the end of the divorce proceedings, the former spouse must be given a court decision to transfer it to the authorized bodies and legalize it in the territory of their country. This condition is mandatory, its violation will mean that the marriage is not completely dissolved. A foreigner will not be able to remarry.
Divorce in court is not particularly difficult if the foreigner is in the territory of the Russian Federation. In this situation, the procedure consists of several steps:
- Filing a statement of claim at the place of residence of the defendant, or if, when divorcing a foreigner, the child lives with the applicant, then at the place of his residence.
- Attend a meeting at a set time or file a motion for consideration of a claim without the presence of the plaintiff.
- Waiting for the expiration of the term set by the court for reconciliation of the parties (if it was given).
- Obtaining a court decision on termination of marriage ties.
- Submission of a document to the registry office for registration of the certificate.
The court session is held within the accepted time limit in the event that the defendant was provided with a copy of the claim and he was notified of the date of consideration.
Failure to appear in court is not a reason for the postponement or cancellation of the process, and even if the defendant has not expressed his position, the court will make an absentee decision.
Foreigner does not agree to divorce
A trial of a divorce suit with a foreigner may be conducted without his presence and written consent. Russian law allows a divorce from a foreigner without his presence, but provided that the legal aspects have been respected. These include:
- Notification of the spouse about filing a lawsuit.
- Information about the place and time of the hearing.
In other words, all rights of the absent party must be fully respected.
The case of divorce is considered in accordance with articles No. 21 and 22 of the Family Code. If the defendant receives a request for a pair of deadlines for reconciliation, then most likely he will be appointed. In the event of subsequent changes, the marriage will be terminated, this absence of the spouse will not affect.
Divorce at a representative office or diplomatic mission
If, upon registration of a divorce from a foreigner, the spouse cannot leave the territory of Russia, but there is a need to dissolve the marriage according to the legislation of the Russian Federation, he has the right to apply to the consulate of the country where he lives.
When conducting a divorce procedure through a representative office, the same procedure applies as when applying to the registry office in Russia. The process can be initiated only if both parties are not against separation, they have no minor children and property disputes.
The legality of divorce in Russia and other countries
In accordance with Article 160 of the Family Code, a divorce from a foreigner in the Russian Federation is regulated by Russian law. The peculiarity of the procedure is that the court decision and the certificate of divorce are valid only in the territory of our country. If the former spouse lives abroad, then this document does not apply to him. Therefore, it is very important to complete the procedure and recognize the legitimacy of breaking up relations in another country. What do I need to do?
- Contact a diplomatic mission or consulate.
- Submit a divorce document to the competent authority of that country.
True, this is possible only if the countries cooperate with each other on the issue of legalization of judicial documents. If an international agreement with the Russian Federation has not been signed, then it is necessary to file a claim with the local judicial authorities in the country of the alien's residence. But in this case, a number of difficulties arise:
- Firstly, it is necessary to have the appropriate knowledge to correctly draw up the application.
- Secondly, you need to know exactly where to send it.
- And thirdly, with the current legislation of that country should be familiarized in advance.
Therefore, without the qualified assistance of a lawyer in this matter can not do. When choosing a specialist, give preference to those in whose practice there have already been cases of this kind.
If there are children
A divorce from a foreigner in Russia in the presence of children in 90% of cases ends with the children remaining with their mother. These are our laws, however, in many other countries the attitude to the issue of parental care is very different from ours. Nationals of Europe, the USA, as well as Muslims seek to take their children to their homeland.
The grounds for such aspirations are the laws of those countries in whose territory the marriage was concluded and children were born. A woman can legally take away children in the following cases:
- The husband is a Muslim. According to Sharia, the descendants remain with their father upon dissolution of the marriage.
- The marriage was concluded in another country, and the children are official residents of another state.
In such cases, it is most reasonable to fly to Russia with the children and file an application for divorce from a foreigner at home. But even if the divorce proceeds in favor of the mother, rejoicing early, do not forget that the procedure is considered valid only after it is recognized as legal in the country where the spouse lives.
Also in this case, the alimony and the division of property will remain in question, if it is located abroad.
How to divorce abroad?
In some foreign countries, divorcing a foreigner is much more difficult. For example, in Italy, the divorce process lasts about a year, and in some cases even longer. The reasons for initiating a divorce proceedings there may be the following:
- Inability to fulfill conjugal duty.
- Threat to the health and life of one of the family members.
In Denmark, you can disperse only in a specialized divorce institution. In the absence of claims from the parties, the procedure is carried out as soon as possible.
In Germany, the judge will not make a positive decision on divorce if the couple decided to leave permanently.
In France, you can officially leave only if the former lovers get permission for this. Both spouses and one of them can submit an application. There can be only two reasons for divorce:
- Evidence of guilt before a soulmate.
- Separate accommodation.
In addition, applying in France is permitted only six months after the marriage has been officially registered. After receiving the documents, the couple is given three months of a trial period, and only after that they begin to be considered. If the offspring do not approve of the divorce of the parents, the judge will never give permission for it, since it is believed that the rights of children will be infringed upon the destruction of the family.
Regardless of who you are going to marry, remember that this is a very responsible step that provides not only rights, but also obligations. Before you formalize the relationship, think carefully, especially when it comes to marriage with a foreigner.
If the husband is a foreigner, the divorce is executed according to the general rules that apply to citizens of the Russian Federation. If the spouse is outside the Russian state and for some reason cannot return here and get a divorce, then the second side has some difficulties. But even all the attendant difficulties are not a reason to abandon the plan.
Without the help of a foreign husband, the procedure can only be carried out through the judiciary. If the spouse is ready for cooperation, then everything can be solved much faster.