The legal Advice to a Foreigner before Marriage to a Russian Citizen
Two Sides of the Same Coin
There are always personal and legal relationships between the spouses. The personal relations are a mutual affection, respect towards each other, and love. The legal relations are the law that regulates the marital relations in a specific country. These are two sides of the same coin. If the spouses do not consider the legal side of the issue, sooner or later, it may affect their relationship. Especially, all the above refers to the international marriages.
Let me draw an analogy. If a sailor is going to the sea, he must know what he takes with him and he definitely needs a map. If a Russian citizen and a citizen of another country are marrying, the latter may not know about his/her real rights and responsibilities, especially if the marriage was registered in Russia and/or the spouses live in Russia. However, if they reside in another country (not in Russia), the different nationality of the spouses can play a cruel joke with them.
A few Examples from Life
- A couple has a long-awaited child. But for various reasons, the relationship deteriorated. The husband (or wife) with the Russian citizenship takes a child and goes back to Russia. Immediately the following questions arise: how to get the child back, how to see the child, how to prosecute a spouse, what legal consequences arise for the other spouse, etc.
- Even though the country of permanent residence of the spouses was (for example) Turkey, the couple bought an apartment in Moscow (Russia) during their marriage. If the marriage between the spouses is terminated, then the question of the partition of jointly acquired property inevitably arises. Believe me, in this case, there is a huge number of legal nuances.
- Another example from life is the law of succession. Death is part of life; we all will die sooner or later. If a deceased spouse has a piece of property in Russia, then the living spouse shall have the right to disclaim it (in part or in full).
The Main Goal of the Legal Advice
Again, all the above is only a part of the examples from the actual practice. My job as a lawyer is to clarify the rights and obligations to my client so that he/she knows what to pay attention to and what to be beware of; and of course, to offer a concrete decision on the legal issue, if needed. Together with the client, we create a plan of action to achieve the desired result.
In the end, our client receives a written legal opinion with the specific proposals for his/her legal matter. An example of such opinion is available on our website.