Divorce

Russian law of divorce has abolished  the concept of fault. The Chapter IV of the Russian Family Code lays down the provisions on divorce which may be an administrative  or a judicial one. Civil acts officer (or a Russian consul if spouses live abroad) is competent to grant and administrative divorce under one of the following grounds:

  • If the spouses have no minor children and both are consent  to divorce;
  •   If  a spouse goes to prison for more than three years;
  • if he/she is presumed to be dead by court.

If the couple has common minor children, the divorce is granted through a court procedure in a district court at the choice of a claimant: either at the court located at the place of residence of the defendant, or where his/her property is situated or, if a claimant has minor children, at the court situated at his/her place of residence.

According to art. 22 of the Russian Family Code  an irretrievable marital break-down is to be established in court. While evaluating the marital break-down, court may take into account the following circumstances:   

  • Alcoholic addiction of one of the spouses; 
  • lack of intimacy between spouses; 
  • factual separation;
  • abandonment; 
  •  adultery;
  •  biological inability to have a child,  so on.

But If both spouses are consent the court may grant  divorce without evaluating the marital break-down and its causes (art. 23 of the Family Code).

 

Family Law Expert

CONTACT information

+7 977 366 13 76

familylawyer.expert@gmail.com

expert_family_lawyer