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 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:
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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