Russian laws on marriage

You do not have to be legally separated to initiate marriage termination. It does not have to be tangled with any other issues such as parental disputes, child support claims or any other financial matters. In the overwhelming number of cases those are heard separately russian laws on marriage the marriage termination proceedings, if raised by the parties.

The Russian family law provides for two types of the marriage termination procedure: judicial and administrative. It is generally available to those couples who do not have minor children of the relationship and have reached a mutual agreement to divorce. Should You Apply to a Russian Court to Get Divorced? Please note that in your particular case divorce may be subject to more than one jurisdiction, in other words, you may have a choice whether to apply to a Russian court or some other court outside of the Russian Federation. It is recommended that you discuss advantages and disadvantages of each with a lawyer to make the best choice. If the divorce proceedings have already been issued in a different jurisdiction, and are pending the hearing or have been heard, court may dismiss the divorce application.

Another important limitation is that an application to divorce cannot be filed during the wife’s pregnancy and until the child becomes one year of age, unless the wife agrees to that or files the divorce application herself. Under the Russian family law, the irretrievable breakdown of marriage is the only ground for divorce. A marriage is dissolved if it has been established that the spouses are unable to live together and preserve the family. The court on the application of one of the spouses may give the parties a cooling off period of up to 3 months. However, if upon its expiration one of the parties still insists on a divorce, the court will terminate the marriage. RUSSIA IS THE TOP DIVORCING NATION.

A foreign divorce carried out in compliance with the legal requirements of a respective foreign state will be recognised in Russia. Importantly, the marriage dissolved abroad must not contradict the principles of the Russian family law. The marriage in Russia federation is governed by the Family Code of the Russian Federation, the form and the procedure for entering into a marriage on the territory of the Russian Federation shall be defined by the legislation. The marriageable age shall be established as eighteen years. In the presence of valid reasons the bodies of the local self-government at the residence of persons wishing to enter into a marriage may, at a request of such persons, permit entering into a marriage to persons who have reached the age of sixteen years.

The procedure and the terms, because of whose existence a marriage may be entered into, by way of an exception, with account for specific circumstances, before reaching the age of sixteen years, may be laid down by the laws of the subjects of the Russian Federation. The medical examination of the persons, entering into a marriage, and consulting them on the medical-genetic issues and on those of the family planning shall be effected by the institutions of the state and of the municipal public health system by the place of their residence, free of charge and only with the consent of the persons, entering into a marriage. The results of the examination of the person, entering into a marriage, shall be a medical secret and may be reported to the persons, with whom he intends to enter into a marriage, only with the consent of the person, who has passed the examination. If one of the persons, entering into a marriage, has concealed from the other person the existence of a venereal disease or of the HIV-infection, the latter shall have the right to turn to the court with a claim for recognizing the marriage as annulled as per the code. A marriage shall be concluded in the presence of the persons, entering into the marriage, after the expiry of a term of one month from the date of their filing an application to the registry offices. If there are valid reasons for doing this, the registry office may permit the conclusion of a marriage before the expiry of one month, and may also extend this term, but not by more than one month.