Divorces in different countries of the world. Divorce across cultures

In different countries of the world they are bred in different ways. There is an interesting custom in one English town. If a person enters the temple and, laying his hand on the Bible, says that throughout the entire calendar year he has never regretted marriage, he was entitled to a reward in the form of a ham. This custom has existed for 350 years. Chronicles say that during all this time only 8 pieces of hams were handed over.

1. Incredibly, until the 18th century in Wales, it was possible to dissolve a marriage with an ordinary broom. It was possible to get a divorce by jumping over a broom set at the front door. The broom was to be jumped over by one of the spouses.

2. There is a small island on the coast of Africa. The inhabitants of the island have the simplest divorce procedure. Only a woman can divorce. In order to get rid of an objectionable spouse, a woman just needs to throw his things out of the house.

3. In 1956, in the USSR, it was only possible to get a divorce in public. This was stated in the Code of Family and Marriage. In order for the marriage to be declared invalid, it was necessary to submit applications, the spouse should be summoned to court. Pay a tax of 100 rubles, as well as publish an advertisement in a newspaper about initiating a divorce case.

4. In Singapore and Malaysia, religious people have announced that SMS messages have become legal. A Muslim for divorce now only needs to repeat the message three times. Then you just need to confirm it in the Sharia court.

5. Previously, a rather strange custom was in Montenegro. In the presence of witnesses, the husband and wife took different ends of the belt or rope and cut it in half. It was believed that after such actions, they are no longer a married couple.


6. The Naraghu tribe living in Africa also has its own custom. After the solemn part, the newlyweds must wear masks without fail and do not take them off for one year. If the period for wearing masks has passed, and they have not yet been removed, then the marriage is automatically considered invalid.

7. In ancient Rome, there was a custom. Men were bound to be chaste. A man could only marry one woman. The marriage was indissoluble. Men could marry several times, and women could marry only once in their lives. It turns out a contradiction. How to explain it? A wife who was tired was simply killed.

8. It's even easier on Yama Island. If a person, no matter what gender, decides to dissolve the marriage for any reason, he must plant five trees.

9. In England, in the old days, in order to get a divorce, a wife had to be sold. The price must be at least one shilling. If a wife was bought, the marriage is annulled. Even in the 21st century, it was possible to get divorced this way. A certain farmer, Joseph Thompson, sold his wife for 12 shillings. And also a puppy.

10. With the help of SMS messages, you can also get a divorce in the AOE. The only condition is that the message must not contain errors.

Marriage registration is a special procedure that allows a couple to become one family. It is carried out in Russia by making an entry in the book of acts of civil status and issuing an appropriate certificate.

It is carried out in the registry office, both in a solemn and non-ceremonial atmosphere. However, if the newlyweds entered into a family union in another state, then there are some rules that allow it to be recognized as valid in the Russian Federation.

When it comes to divorce, there are many questions. How to get a divorce if the marriage is registered in another country, and what is needed for this.

Is it possible to get a divorce in another country?

The basics of the divorce process in matters of its implementation are regulated by Article 160 of the RF IC.

On the possibility of termination of family relations between spouses who are outside the country, there is a separate paragraph 2.

He confirms that the legislation of the Russian Federation allows the dissolution of marriages concluded in the Russian Federation outside the country.

However, there is a very important condition: the entire procedure must be carried out in compliance with the laws of the state in which the divorce takes place, and taking into account the competence of the relevant authorities. In this case, the divorce abroad will be recognized in Russia.

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

When entering into an alliance with a foreigner outside the state, many questions can arise. When it comes to divorce, there are even more of them. The most important of them is the possibility of carrying out a divorce process in Russia if it was concluded abroad. It is possible to implement such a procedure, but this will require the implementation of some rules.

The main requirements of the legislation are set out in Article 160 of the RF IC and say that, regardless of the place where the union is concluded on the territory of the Russian Federation, it is carried out precisely according to the rules of the legislation of the Russian Federation. In this case, you will have to apply either to the registry office or to the court - depending on and.

Where to apply for a divorce in another state?

When a divorce is carried out in the standard way, interested parties have two options for contacting:

  • to the registry office;
  • to court.

However, when it comes to divorce abroad, the question arises of where to apply. It all depends on where each of the spouses is.

If at least one of them lives on the territory of the Russian Federation or has the opportunity to travel there to implement the divorce procedure, then you can still apply to the same registry office or court.

If neither of the spouses can come to the Russian Federation, then it is necessary to apply to the diplomatic missions or consulate of Russia in the territory of the state where they are located.

This rule only works if a divorce in the territory of the Russian Federation is possible through the registry office.

In all other situations, when the termination of the union must be implemented in court, you will have to go to the Russian court.

Interested persons also have the right to apply to the competent authorities of the state where they are located. The problem is that in this case the marriage will be dissolved according to the rules of another country. This is not always applicable, since the laws of some countries are much more strict about divorces than Russian ones. That is why in some cases it is easier to come to the Russian Federation and implement the procedure here.

What documents are required for divorce?

If the process is carried out in the Russian Federation, you will need:
  • ;
  • . If it is issued according to the rules of another country, then an apostille and a notarized translation of documents are required;
  • etc.

If the process is carried out outside the Russian Federation, then the list of required documents must be clarified depending on the rules of the state where the marriage is dissolved.

From the point of view of ease of registration, it is advisable to breed exactly where the union was concluded. This will save you from numerous confirmations of documents, translation into the national language and other nuances.

Deadlines and legal consequences

Regardless of the country in which the union is registered, when it is terminated in the Russian Federation, the rules of the RF IC and other regulatory legal acts apply. This suggests that even in the most difficult case, the judge can grant the maximum. He has the right to postpone the meeting, but this period is also not too long.

Expert opinion

Irina Vasilyeva

Civil law expert

Under the laws of many foreign countries, divorce proceedings can take years.

In the absence of joint children, the procedure is faster and can take up to a month.

The legal consequences of such a procedure will appear immediately after its implementation and receipt of a certificate of divorce.

Is it necessary to dissolve a marriage concluded in another state, but not legalized in Russia?

The issues of the need to legalize a marriage concluded in the territory of another state are quite complex. There are two different situations:

  • the state that issued the certificate is a party to the Hague Convention, which implies automatic recognition of marriage in the Russian Federation;
  • is not, which implies the need for spouses to independently legalize marriage.

Divorce, if necessary, will have to be in both cases. However, in the first place, it is necessary to legalize it first. This procedure takes a lot of time and requires going to various authorities. That is why the best option would be a divorce in the country where the union was concluded.

If marriage is not legalized in Russia, then in fact, in the territory of this country, the person is not in a family relationship. In this regard, there are problems with the implementation of many actions where the permission of the spouse is required. For example, sale, real estate exchange, adoption, etc.

When leaving to marry abroad, it is worth familiarizing yourself not only with marriage, but and divorce traditions. Otherwise, it will take a very long time to wait for the desired freedom, because in some countries this process will stretch for several years.
On distant islands - exotic and fast

The divorce traditions of many island states are no less exotic than their picturesque flora and fauna. For example, in Indonesian On the island of Java, five trees must be planted to obtain a divorce. After that, the Javanese are given 100 days to make sure that the wife is not pregnant, and the desire to divorce remains unchanged.

Photo: © Flickr/Thierry Papillard

The inhabitants of the Bizhagos Islands (Guinea-Bissau) are completely in royal conditions: in order to get a divorce, it is enough for them to throw their husband's things into the street.

The Japanese can also get divorced in a couple of days, there would be a mutual desire not to see each other and the absence of property claims. True, the divorce procedure itself is not a cheap pleasure, since they are bred there only with the participation of lawyers.

Caribbean "divorce" of divorcees

Caribbean divorces are considered one of the fastest, though not cheap. You can file a divorce in the Dominican Republic in just 15 minutes, regardless of the citizenship of the spouses. At the same time, the written consent of the second half is sufficient for the conduct of its affairs by a local lawyer. Therefore, divorces in the Dominican Republic are a profitable business, there are even special Caribbean divorce tours.

The case of the Russian emigrant Nikolai Smirnov went down in history. Being a US citizen, he first married a Spaniard who wanted to get a "green card" and therefore signed a enslaving marriage contract. A few years later, the man decided to get a divorce, entrusting the divorce process to a lawyer from the Dominican Republic. And although the divorce was not part of the wife’s plans, the enterprising husband reminded her of the marriage contract, in which the Spaniard agreed do not interfere spouse if he decides to end the relationship. The couple signed the documents, and after a while the lawyer brought them a divorce paper.

Smirnov immediately married a 30-year-old Chinese woman who was 40 years younger than him. At the same time, the first wife continued to live with the "newlyweds" in the same house. When Smirnov died, both ladies ran to draw up a pension due to the widow of an American citizen.

After lengthy litigation, it turned out that the Caribbean lawyer really divorced the spouses, but in a figurative sense. The divorce paper turned out to be fictitious (there were not enough seals on it), and the first wife remained legal.

African passions and witchcraft

In most African tribes, divorce has never been heard of. But the pernicious influence of civilization gradually reaches the black continent. For example, in the Balanata tribe, a wife can leave her husband if she considers herself unhappy in marriage. She has the right to initiate a divorce as soon as the wedding dress wears out. In particularly difficult cases, the spouse is allowed to speed up the process by tearing the wedding attire.


Photo: © Getty Images/John Moore

The reason for divorce in some African tribes can be the parasitism of one of the spouses (usually a man), a long relationship on the side, as well as witchcraft in order to exterminate the other half. A woman's infertility is not always a reason for divorce, but it is often a reason to have a second wife. In some tribes, if a husband is considered barren, a woman can turn to her husband's friend for help. But the refusal of the spouse from the "assistant" can be a reason for breaking family relations.

The descendants of the Berbers - the Tuareg - to this day have matriarchy, this leaves a seal on the divorce procedure. Women here not only make the decision to break up themselves, but also remain full owners of the tent and all property, including livestock.

In another African tribe, masks are worn on the newlyweds when they marry. If after a year the spouses have not removed their masks, the marriage is automatically considered terminated.

On the side of the wife

Not only is divorce in Italy a long process, lasting three years or more, but it is also quite expensive for unfaithful spouses. Traditionally, children stay with their mother, and Italian husbands are forced to pay alimony to their ex-wife. Moreover, if the children are provided by the father only until the moment when they begin to earn money on their own, then the former spouse has to be supported until the end of her days, or until her next marriage.


Photo: © Flickr/Maria Grazia Montagnari

Similar rules for men are established in Turkey. Men there pay not only the entire divorce process, but also support their ex-wife and children after the dissolution of the marriage. It is much cheaper for the Turks to simply move away from the family without officially getting divorced.

In Mexico, divorce is completely ruinous: in a divorce, the wife gets all the movable and immovable property of her husband.

In addition, Mexican husbands pay their ex-wife 30% of their monthly income and child support. Therefore, they rarely get divorced in Mexico, - comments Marina, who married a resident of Mexico City.

Married half an hour

- Our country is a secular state, but if you need to get married quickly, you can just go to the mullah: he will read a prayer over you - and that's it, you are married. We knew Farid for a month, he courted beautifully, purred about love. And somehow in a cafe I teased him: “Let's get married? I’m even ready to pay for the mullah’s services, will you risk it?” He was hesitant at first, but agreed. On the way back from the mullah, we quarreled with him right in the taxi and got divorced there (he said “I'm getting a divorce!” three times). So I was married for half an hour.

Roya, 38, Azerbaijan

Many people know that in Muslim countries, it is enough for husbands to say “talaq” (divorce) three times for the marriage to be considered dissolved. Legislators in Malaysia, Singapore and the Emirates have gone even further, in step with progress, adopting ... mobile phones. Faithful Muslims of these countries can get a divorce by sending three SMS with the coveted "talaq". True, for an official divorce, husbands need to confirm their decision in the Sharia court.


Frame from the film "Divorce Nader and Simin" / © Kinopoisk

In the United Arab Emirates, this will be followed by the division of property: in accordance with the marriage contract, Arab matrons receive a house and money for maintenance as a consolation. In the marriage contract, if the groom is favorable, the bride can also write a "permission to divorce." If this clause is included in the contract, the wife also receives the right to dissolve the marriage. Otherwise, a woman in the Emirates has the right to divorce only if she proves in court that her husband has a mental or venereal disease, is infertile or missing. Another reason recognized by the judges as worthy is the imprisonment of the spouse.

Previously, in Muslim countries, after the word “talaq”, a wife could be driven out of the house in what she was, without giving time to collect things. That is why traditionally women at any time of the day were hung with all the decorations that they had. To date, the laws of most Sharia states have become more liberal, for example, husbands must return the dowry to Egyptians.

about and about

The British need a reason for divorce. By law Infidelity, leaving the family for more than two years, separation by mutual consent of the spouses for more than two years and separation against the will of one of the spouses for more than five years, as well as "unreasonable behavior" of one of the parties, are considered valid reasons for dissolution of a marriage. The last point is becoming the most popular reason for those Britons who want to get a divorce as quickly as possible. and painless.

"Unreasonable behavior" originally meant domestic violence, drunkenness and unwillingness to pay bills, but in recent years the list has expanded significantly. Now, anything can be hidden under this term: from trying to put the second half on a diet to wearing extravagant outfits, if only the other side agreed with the claim. If the other half considers their behavior quite reasonable, the divorce process can drag on for years.

Absolutely impossible

In some countries, the law prohibits divorce altogether. The states guarding marriage include the Vatican and the Philippines.

Maltese legislation until recently in general did not provide divorce laws, and Chile had a loophole that was exploited by thousands of couples every year who wanted freedom from marriage ties. The law stated that a marriage is considered invalid if the documents were filled out incorrectly. Thousands of Chileans were forced to lie under oath that they made a mistake when entering the marriage, incorrectly indicating the name or surname. But since 2004, the need for lies has disappeared, divorce is legal in Chile. And in the Philippines, to this day, only Muslims are allowed to breed.

Get ready for divorce

If you plan to marry abroad, you should familiarize yourself with local legislation in advance. No matter how much you are in love, it is worth briefly descending to earth and discussing the conclusion of a marriage contract. This is a guarantee and a forced measure that regulates the relations of the spouses and protects the citizen of the Russian Federation from ignorance of the rights of a foreign state. If the marriage contract will be drawn up on the territory of a foreign state, it can include all aspects of the relationship between the spouses, up to personal duties and rights. For example, you can prescribe that your spouse should not make scandals at home and raise your voice at you.


Frame from the film "5 × 2" / © Kinopoisk

In the event of a divorce, spouses can prescribe in the marriage contract the procedure for dividing property, material obligations to each other, the amount of child support, etc. But never specify specific maintenance amounts in the contract! They may be beyond your or your spouse's strength. It is better to indicate the share or percentage of income, - says lawyer Grant Ghazaryan.

It is better to breed at home

- The French husband did not give a divorce and kicked me out. And he left the child behind. So... my friends advised a German law office, there are extra-class specialists - in a couple of months my ex was pressed so hard that he gave a divorce and took me to the airport with a child. We are now at home and happy.

Olga, 28 years old

Unfortunately, cases have become more frequent when foreign grooms choose Russian wives as surrogate mothers. After the birth of a child, they initiate a divorce and, taking advantage of a more privileged position (the presence of citizenship, a well-paid job and better living conditions), select children.

Lawyers advise you to obtain citizenship of the country in which you live as soon as possible. Then in the event of a divorce, you and your spouse will have equal rights, and the child too.

- If you decide to get a divorce, but you have not yet received citizenship, then forget about taking the children with you if your husband does not want it. Without citizenship, you have practically no rights, and there is a high probability that, by a court decision, the children will remain to live with their father. And if we are talking about France or Muslim countries, then you can immediately forget about taking the child away,

Grant Kazarian warns.

If you have decided to divorce your foreign spouse, then it is better to initiate a divorce process in Russia. Our courts traditionally leave children with their mothers, and will also oblige the spouse to pay alimony. And the divorce procedure itself will be relatively quick and inexpensive.

If a marriage between a Russian citizen and a person who does not have Russian citizenship is concluded outside Russia under the laws of another state, then it is valid in Russia. It is not necessary to legalize marriage, the fact of legal marital relations. Such a marriage can be dissolved in accordance with Russian family law.

How to legalize a marriage contracted abroad

Legalization may be required for documents confirming the legality of marriage. This is necessary not only for the termination procedure, but in general for any formalities where confirmation of marital status is required.

There are two ways to legalize marriage documents:

  1. Simplified. If the marriage was concluded in the countries-participants of the Hague Convention, then the apostille stamp is affixed to the certificate. The stamp is affixed by an official institution that registers marriages (an analogue of the Russian registry office, consulate, embassy, ​​and others). Documents with a stamp are translated into Russian, and the translation is certified by a notary. After that, documents on marital status receive the force of a marriage certificate.
  2. Consular. If the marriage was concluded in a country that has not joined the Hague Convention, then they are legalized by the Russian consulate in the country where the marriage was registered. The service is paid separately, and the procedure is longer than stamping. The consulate will check whether the conditions for concluding a marriage comply with the conditions provided for by Russian family law. If a discrepancy is revealed, then the legalization of documents will be denied and in the territory of Russia the spouse - a Russian citizen will be considered unmarried. If the conditions are met, the consulate will issue a legalized document.

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How to dissolve a marriage concluded abroad if it is legalized

A legalized marriage with a foreigner is terminated in the same way as a marriage concluded between citizens of Russia.

If the spouses do not have minor common children from this marriage, they do not have property or voluntarily divided it, and also agree to the termination of marital relations, then the marriage is dissolved in the registry office.

The spouses write an application together, sign it and submit it to the administrative body. A month later, they must appear to participate in the divorce proceedings and receive a certificate of divorce.

A unilateral application for divorce is filed when the foreign spouse:

  • Missing;
  • incapacitated;
  • Sentenced to more than three years' imprisonment.

In court, a marriage is dissolved in the following cases:

  • One of the spouses did not appear at the registry office or objected to the dissolution of the marriage;
  • The spouses have common minor children from the divorced marriage (even if it is determined with whom and where of their parents or other relatives (for children over 14 years old) they will live, and there is no dispute about the order of meetings with them);
  • The spouses have an unresolved voluntary dispute on the division of property.

The following documents must be submitted to the court:

  • Claim in several copies according to the number of participants;
  • Copy and notarized translation of legalized marriage documents;
  • Copies of birth certificates of children, and if children were born abroad, then notarized translations from documents of origin;
  • Copies of passports and notarized translation of the foreign spouse's passport;
  • Evidence of the impossibility to continue living together;
  • Testimony of participants in the process or those who cannot appear in court;
  • Documents confirming the ownership of the disputed property;
  • Document confirming the payment of state duty.

Any documents that, in the opinion of the plaintiff, are relevant to the issue can be submitted to the court. The court independently decides whether to attach or reject them.

How to dissolve a marriage concluded abroad if it is not legalized

An illegal marriage does not require a special procedure for dissolution, because it has no legal force in Russia, does not entail legal consequences, and spouses are considered unmarried.

As practice shows, it is always easier to conclude a marriage than to dissolve it later. Moreover, different countries have their own obstacles and obstacles on this difficult path to "bachelor freedom"

In the United States, the rules for dissolution of marriage in each state are different, and the differences relate mainly to the property obligations of the spouses in this case.

The main form of divorce in America is a no-fault divorce, that is, a "perfect divorce", in which the party initiating the breakup of marital relations does not bring charges of infidelity, causing physical or psychological harm. In this regard, for a long time, the state of Nevada occupied a special position, the legislation of which initially recognized only a "perfect divorce". In order to get a divorce according to these rules, it was necessary to live in the state without a break for at least six weeks. That is why people from all over the United States regularly gathered there who wanted to free themselves from family ties. However, since the practice of no-fault divorce was introduced throughout the country, only residents of New York State, where "faultless divorce" is not allowed, come here.

California is chosen for divorce proceedings by wealthy spouses, since state law provides for an equal division of property, including those acquired in marriage. So, for example, did the wife of multibillionaire Rupert Murdoch and the husband of the famous TV star Kirstie Alley. Ellie herself, like many millionaires, sought the right to conduct divorce proceedings in Maine, where joint property acquired during a divorce is distributed taking into account the contribution of each of the parties.

Lie under oath ... you can and should

Chile, along with Malta and the Philippines, is among the countries whose laws do not allow divorce at all. The country has a Family Code, adopted back in 1884, when Catholicism was the official religion of the country.

There is only one way to get a divorce in Chile - by lying under oath.

The fact is that the law of 1884 stipulates that a marriage is considered invalid if the marriage certificate is filled out incorrectly. Every year, 8-10 thousand citizens of the country go to court, assuring that they indicated the wrong address or distorted their name when they got married. In support of their words, they present witnesses - friends or simply hired people from the street, who fearlessly lie under oath. The judges pretend to believe everything and declare the marriage invalid.

Return the dowry!

Until recently, there were rules in Egypt that are still in effect in all Muslim countries. To divorce his wife, it was enough for the husband to say the phrase “I am divorcing you” three times in front of witnesses, and the marriage was automatically terminated. No trial was required, the presence of the woman herself, as a rule, too. The only thing that limited the husband was the need to return the dowry to his ex-wife, as well as to give her all the jewelry, jewelry and dresses that he gave during his life together. In order to dissolve the marriage, the wife had to prove in court that the missus was subjecting her to physical or psychological violence. Such litigation, given the husband's right to appeal, usually dragged on for years.

But in the middle of this year, the Egyptian authorities made an unprecedented liberalization of the law. Now, in order to dissolve the marriage, it is enough for the wife to announce to the judge about her desire to get a divorce. After that, the spouses are given three months to reconcile, and if after that the woman does not change her mind, the marriage is considered dissolved.

Do you want freedom? Wait...

According to the laws of England and Wales, the sole cause of divorce is the "irreparable breakdown of a marriage", which is confirmed by one of five grounds: adultery, "unreasonable conduct", leaving the family for more than two years, separation by mutual agreement for two years, and finally, separation without mutual consent for five years.

"Unreasonable behavior" is most often used as a reason for divorce, since this is the only way available to those who want a divorce quickly and amicably. One of the parties can choose any excuse as "unreasonable behavior", and if the other party does not protest the demand for a divorce, the court satisfies it - if only all property issues were previously resolved. The situation changes if the other party disputes "unreasonable conduct". In this case, a strong example of such behavior is required, which took place no later than six months before the filing of the request for a dissolution of marriage. Spouses who are willing to wait usually opt for a two-year separation as an argument. This method, for example, was once used by Princess Diana and Prince Charles.

Napoleonic Code

In France, divorce was first allowed after the French Revolution, and this right was enshrined in the Napoleonic Code. At that time, French divorce rules were considered the most progressive: adultery, regular or single use of physical violence, a sentence imposed on one of the spouses for a serious or disgraceful crime, excessive indulgence in alcohol or card games, and infliction of a serious offense were recognized as legal grounds for dissolution of a marriage. In addition, on the orders of Bonaparte, who wanted to divorce Josephine de Beauharnais, the above list for the first time in history included a rule that allowed divorce by mutual agreement of the parties.

However, after the overthrow of the "Corsican monster" divorces again came under the ban. And only in 1884 the norms of the Napoleonic Code were restored, and "Napoleon's personal know-how" - the right to break off relations by mutual consent - appeared in the legislation only in 1985.

Thus, in modern France, a marriage can be dissolved for three reasons. The first is the mutual consent of the parties, which is possible only if both spouses, together with the application, submit to the court an exhaustive agreement on the division of property, the further upbringing of children, etc. The second is the actual termination of the marriage, which means the separation of the spouses during six years or living with a mentally ill spouse for the same six years. The third is the fault of one of the spouses: treason, the commission of a grave or disgraceful crime, alcoholism, infliction of grave offense, physical violence.

Paradise for those who do not want to be together

The Dominican Republic, along with Haiti, is considered a real paradise for those who want a quick divorce. Among those who took advantage of the liberalism of local legislation are the stars of American show business. For example, Michael Jackson divorced his first wife Lisa Marie Presley in the Dominican Republic. Legislation gives judges the right to breed, regardless of the place of registration of the marriage or the citizenship of the spouses. Personal participation in the court session is not required - you can send an application to your lawyer. A marriage can be dissolved not only without the written consent of the other party, but even without her knowledge. Local lawyers assure that the entire divorce procedure takes no more than 15 minutes. Exactly so much is needed for the lawyer to read the petition for divorce to the judge, he made a decision, and the secretary of the court sealed it.

In Haiti, this process takes a little longer - lawyers specializing in divorces indicate a period of 24 hours. Prices for "divorce tours" range from 1.5 to 10 thousand dollars, depending on the terms of divorce and the specifics of a particular case.

"Caribbean divorces" have one drawback: not everyone recognizes them, and you can challenge the legality of a divorce in the event of inheritance disputes in almost any country in the world, except for Russia, which recognizes any divorce made in accordance with local law.