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).


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