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Divorce proceedings in the Russian Federation

 

I. General Provisions

Pursuant to the Russian legislation a marriage can be dissolved upon application of one or both spouses.

The dissolution of marriage can be carried out in court or in the civil registration authorities.

Our law firm offers qualified legal assistance to foreign residents in divorce proceedings in Russia in absentia of any spouse.


II. Dissolution of Marriage in the Civil Registration Authorities


The dissolution of marriage is put in force by the civil registration authorities by mutual agreement of the spouses who do not have common under age (18) children. In this case the dissolution and issuing of a certificate of dissolution of marriage is carried out upon expiration of a month starting from the day of filling of a divorce petition.

According to the Federal Law of the Russian Federation “On acts of civil status” the spouses who do not have common under age (18) children and give their mutual consent for divorce file a joint petition on dissolution marriage. In the petition they confirm their consent for divorce and declare the following information:
 

  1.  name, place and date of birth, citizenship, nationality, place of residence;
  2.  details of a record on conclusion of marriage;
  3.  family names which they choose after the dissolution;
  4.  passport details. 


The mentioned petition should be signed by the both spouses (the date of drawing up of the petition should be specified).

If one of the spouses can’t appear before the civil registration authorities for filing the petition declaration of will of the spouses can be executed in the form of separate petitions. However the signature of a person signed such petition should be duly notarized.

Dissolution of marriage and sate registration thereof is carried out in the presence of at least one of the spouses upon expiry of a month starting from the day of filling of the joint divorce petition.

The certificate of dissolution of marriage is issued to each spouse.

Please note the state duty for state registration of dissolution of marriage including issuing of the mentioned certificate amounts 650 Russian rubles (roughly Euro 8) from each spouse. 


III. Dissolution of Marriage in Court


The dissolution of marriage is put in force by the court if (i) there are common under age (18) children (ii) one of the spouses does not give his/her consent for dissolution (iii) one of the spouses does not have any objections for dissolution however he/she eludes a dissolution in the civil registration authorities.

A court can dissolve a marriage if he comes to conclusion it is not possible for the spouses to live together and keep their marriage.

Please note the court is entitled to adjourn a hearing of the case and appoint a term (up to 3 months) for reconciliation spouses.

If both spouses give their consent to dissolution the court dissolves a marriage without clearing up the motives of the divorce. The dissolution is carried out not earlier than upon expiry of a month starting from the day of filling an application for dissolution of marriage.

The spouses may submit an agreement on severance of a jointure to court. If the spouses failed to present such an agreement or it violates the interests of one of the spouses the court is obliged to portion out the property of the spouses at their request (or the request of one of the spouses).

A marriage dissolved by the court is subject to state registration in the civil registration authorities.

If a marriage between a Russian citizen and a foreign one is dissolved abroad in compliance with the legislation of a relevant foreign state such dissolution of marriage is valid in the Russian Federation.

Divorce cases are tried by a justice of peace before expiration of a month since initiation of proceedings in the case.

The divorce proceedings usually take from 2 till 6 months depending on circumstances of the case.

The following documents are necessary for initiating court proceedings:
 

  1. information on the place of residence of your spouse
  2. certificate of marriage;
  3. information on your place of residence and a copy of your passport;
  4. a power of attorney authorizing us to act on your behalf in the course of the divorce proceedings.


Please note all documents in foreign languages should be duly legalized (or apostilled).

Please note the state duty for initiating divorce proceedings in court amounts 850 Russian rubles (roughly Euro 10).