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Family Law in Russia

Family Law in Russia

Updated on Monday 18th April 2016

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Family-Law-in-RussiaThe legislation related to family matters falls under the jurisdiction of the Russian Civil Law. The main legal framework regulating Family Law in Russia is the Federal Constitution, followed by regional laws. The most important laws Russian family legislation is based on are:

  • - the Russian Civil Code of 1996,
  • - the Family Code of 1996,
  • - the Federal Law on Acts of Civil Status of 1997,
  • - the Federal Law on Guarantees of the Rights of the Child of 1998,
  • - the Federal Law on Custody and Guardianship enacted in 2008.

Unlike in other countries, the Russian Family Law is not based on previous court rulings or other legal sources.

The family law court system in Russia

Family matters fall under the jurisdiction of general courts in Russia. However, the system allows justices of peace to rule in minor matrimonial issues, such as divorce proceedings between spouses without children and financial settlements below the sum of 50,000 rubles.

All other divorce procedures are heard in Russian district courts. If a divorce cannot be settled within a district court, it may be taken to state courts and, at last, to the Supreme Court of Russia. All family law matters are tried individually in Russia. However, Russia also ratified international treaties that, in case of conflict, will prevail over the national legislation.

Family matters in Russian courts

Russian courts have jurisdiction over most matrimonial disputes. According to the Civil Procedure Code, a court will decide in a divorce case if:

  • - one of the spouses is a Russian resident,
  • - one of the spouses is a Russian citizen,
  • - one of the spouses is a foreign citizen, but has a property in Russia.

In any of the cases above, marriage dissolution will happen according to the Russian legislation. A Russian court will also rule in financial disputes arising from the divorce of a foreign citizen if:

  • - the other party is a Russian citizen,
  • - if the other party has a property in Russia,
  • - if the other party claims spousal support.

In case of foreign citizens living in Russia and wanting to get a divorce, they can choose the applicable law for the marriage dissolution proceedings. Russian courts will also try family matters involving child support and custody.

For legal representation in litigation matters, you may refer to our attorneys in Russia.

 

 

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