The 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:
Unlike in other countries, the Russian Family Law is not based on previous court rulings or other legal sources.
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.
Russian courts have jurisdiction over most matrimonial disputes. According to the Civil Procedure Code, a court will decide in a divorce case if:
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:
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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