Yes, under Russian law, this is possible.
Russian courts may hear disputes concerning the division of spouses’ property even if real estate, bank accounts, or other assets are located outside Russia.
In such cases, Russian courts usually do not treat the dispute as a direct claim concerning rights to foreign real estate or foreign assets. Instead, the dispute is viewed as a matter concerning the matrimonial property regime and the division of jointly acquired marital property.
For this reason, Russian courts regularly consider cases involving:
— division of real estate located abroad;
— allocation of spouses’ shares in foreign assets;
— compensation claims related to foreign property;
— division of funds held in foreign bank accounts;
— recognition of assets as marital property.
This approach is reflected in Russian case law.
For example, in 2021 court case, the court confirmed that claims concerning the division of foreign marital property:
— do not fall within the exclusive jurisdiction of foreign courts;
— may be considered by Russian courts of general jurisdiction;
— are not treated as claims concerning title to foreign real estate, but rather as disputes concerning the matrimonial property regime between spouses.
Russian courts also consider disputes involving foreign bank accounts.
In the Russian Supreme Court Ruling No. 5-V10-51 dated 17 August 2010 in the case of Doroshenko v. Sergeev, the dispute concerned the division of funds held in banks located in the United States.
The lower court had effectively assumed that the matter should be resolved in the United States. However, the Russian Supreme Court held that claims concerning funds held in foreign banks do not fall within the exclusive jurisdiction of foreign courts.
The Supreme Court further confirmed that disputes between Russian citizens concerning foreign bank accounts may be heard by Russian courts under the ordinary jurisdiction rules established by Russian procedural law.
However, in international family disputes, one important point must always be kept in mind: the fact that a Russian court may hear the case does not automatically mean that the resulting judgment will be recognised or enforced abroad.
In practice, recognition and enforcement abroad often become the most difficult stage of the dispute.
A foreign court may:
— conclude that the dispute should have been heard exclusively in the country where the property is located;
— refuse recognition of the Russian judgment;
— critically assess issues related to international service of process;
— apply a completely different approach to matrimonial property and asset division.
Careful strategic planning is especially important where:
— the property is located in the EU, the United Kingdom, the United States, or other jurisdictions with complex recognition rules;
— one of the spouses resides abroad;
— parallel proceedings already exist in another country;
— enforcement abroad will ultimately be required.
Disputes involving foreign bank accounts are often even more complicated than disputes concerning real estate.
Questions frequently arise regarding:
— how to prove the existence of foreign accounts;
— how to obtain banking documents;
— how enforcement measures may work in practice;
— how a foreign bank or foreign court may react to a Russian judgment.
An international family dispute is rarely limited to the simple question of “which court should hear the case.”
Issues of jurisdiction, international service, recognition of judgments, and cross-border enforcement are usually closely interconnected. For this reason, strategic planning is essential from the very beginning of the dispute.
