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Divorce Procedure in Russia

Divorce Procedure in Russia

Updated on Monday 18th April 2016

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Divorce-Procedure-in-RussiaThe termination of a marriage in Russia is subject to the Family Code of the Russian Federation issued in December 1995.

The divorce procedure in Russia

The Russian divorce procedure begins when one or both spouses file a request for marriage dissolution within the local registry offices (ZAGS). The duration of a divorce procedure usually takes about a month in cases of mutual agreement.

The Russian divorce procedure in court of justice includes a period of reflection that can take up to three months, but the whole divorce procedure in court will take no longer than six months in case of families with no children. If one of the spouses does not want a divorce, the judge will allow for a three months period for reconciliation and after that, the divorce will be pronounced even if the spouse still opposes the dissolution.  The divorce procedure cannot be initiated during the wife’s pregnancy or within the first year of a child’s birth without the wife’s consent.

Types of divorce in Russia

The Russian Family Law acknowledges two types of divorce - administrative and judicial.

The administrative divorce in Russia is usually enabled in cases of families with no children that have reached a mutual agreement. The divorce and the issue of the divorce certificate will be registered with the Registry Office within one month of filing the application.

The judicial divorce in Russia usually implies minor children or one of the partners does not want a divorce. In case of the judicial procedure for divorce, the court may rule on custody issues, child and spousal support, the amounts to be paid in cases of alimony and in cases of common property division.

Child custody and support in Russia

The Family Code considers children to be better taken care of by mothers in case of divorce in Russia, but fathers are also entitled to gain custody in court. The Russian Family Law has decided for children with the age over 10 to be allowed to testify in matters of custody in case of a judicial divorce. Russian courts have seldom allowed joint custody.

Child support will be paid by the parent not living with the child or children.  Child support or alimony (алименты) in Russia will be paid until the child or children become adults and the parent must pay 25% of his or her income in case of a child, 33% in case of two children and 50% for more than three children.

Property division in case of divorce in Russia

Russian laws state that properties obtained during marriage whether they are assets or real estate purchases will be divided in case of divorce. Spouses can divide joint property by a mutual agreement that will be certified by a notary.

In case of argument over joint property, the court will rule over the division of property. In cases of joint assets acquired for children, these will not be divided between spouses, but will be given to the parent that has custody over the child or children. Money deposits made by partners in name of their children will not be taken into account when property division is made.

If you require legal advice in cases of litigation, you can contact our law firm in Russia.

 

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