APOSTILLE FOR DIVORCE IN RUSSIA
An apostille certifies the authenticity of the signature, the capacity in which the person signing the document acted, and, where appropriate, the authenticity of the seal or stamp affixed to the document.
An apostille usually takes the form of a rectangular stamp in English or in the language of the issuing country, containing the mandatory title "Apostille" and a reference to the Hague Convention of 1961. It is placed exclusively on the original document or on a notarized copy if an apostille cannot be placed on the original (e.g., passport, driver's license).
If the issuing country is not a participant in the Hague Convention, you must go through consular legalization.
What Documents Require an Apostille?
- Marriage, divorce, birth, death, name change certificates, etc.
- Diplomas, certificates, any educational documents, and their attachments issued by educational institutions.
- Court decisions, orders, rulings, and verdicts.
- Notarized copies of documents.
- Other notarial documents (wills, powers of attorney, etc.).
- Extracts from the trade register, tax registration certificates.
- Criminal record certificates.
Therefore, if you plan to get married abroad, ensure that an apostille is placed on your marriage certificate in case, for example, of a future divorce. Translation and notarization of documents are generally advisable to be done in the country of actual residence.
If you have already dissolved a foreign marriage through a Russian court, you should contact the registry office at your place of residence to obtain a divorce certificate. Then, you should get an apostille from the Civil Registry Office at the regional level. The foreign country where the marriage was registered may request a legalized court decision on the divorce, so it is advisable to obtain an apostille from the Ministry of Justice of the Russian Federation.
Since each country has its own document requirements, it is essential to check with the relevant foreign authority for the exact list of documents needed for registering a divorce and the requirements for their content and legalization.
The Gosuslugi portal now offers the ability to order an apostille electronically or schedule an appointment with the relevant authority.
When is Document Legalization Not Required?
If documents are issued in a country that is a participant of the Minsk Convention, consular legalization or an apostille is not necessary. A notarized translation is sufficient.
According to the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters of January 22, 1993, documents produced or certified within the territory of one of the Contracting Parties by an institution or specially authorized person within their competence and in the prescribed form, and sealed with an official stamp, are accepted in the territories of the other Contracting Parties without any special certification.
Documents that are considered official documents in the territory of one of the Contracting Parties are recognized as having the evidentiary power of official documents in the territories of the other Contracting Parties.
List of States Parties to the Minsk Convention
· Republic of Azerbaijan
· Republic of Armenia
· Republic of Belarus
· Georgia
· Republic of Kazakhstan
· Kyrgyz Republic
· Republic of Moldova
· Russian Federation
· Turkmenistan
· Republic of Tajikistan
· Republic of Uzbekistan
* As of December 29, 2023, the Convention on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters of 1993 and its 1997 Protocol have ceased to be in effect for Ukraine.
Comments