Termination Of The Marriage In Russia Russia

TERMINATION OF THE MARRIAGE IN RUSSIA
 
The termination of marriage in Russia is governed by The Family Code Of The Russian Federation ? 223-Fz Of December 29, 1995.
 
ANNULMENT OF THE MARRIAGE
 
A marriage may be annulled in one of the following condition:
  1. A marriage shall be recognized as annulled, if the spouses, or one of the spouses, registered the marriage without an intention to start a family.
  2. A marriage shall be recognized as annulled by the court.
  3. The court shall be obliged, within three days from the date of the court decision on recognizing the marriage as annulled coming into legal force, to forward an except from this court decision to the registry office by the place of the state registration of the marriage.
  4. A marriage shall be recognized as annulled as from the date of its registration.
THE GROUNDS FOR TERMINATING THE MARRIAGE
 
As per the law of the country the following are considered as grounds for terminating the marriage:
  1. The marriage shall be terminated as a consequence of the death of one of the spouses, or as a consequence of the court declaring one of the spouses as dead.
  2. The marriage may be terminated by its dissolution upon an application of one or of both spouses, and also upon an application of the guardian of the spouse, recognized by the court as legally incapable.
Restriction of the Husband's Right to File a Claim for the Dissolution of the Marriage
 
The husband shall not have the right to institute court proceedings on the dissolution of the marriage during the wife's pregnancy and in the course of one year after the birth of the child.
 
PROCEDURE FOR THE DISSOLUTION OF THE MARRIAGE
 
The action for dissolution of the marriage may be effected either at the registry offices or in court.
 
DISSOLUTION OF THE MARRIAGE AT THE REGISTRY OFFICES
 
In case there is the mutual consent to the dissolution of the marriage on the part of both spouses, who have no underaged children, the marriage shall be dissolved at the registry offices.
 
The dissolution of the marriage upon an application of one of the spouses, regardless of whether the spouses have or have not common underaged children, shall be effected at the registry offices, if the other spouse:
  1. is recognized by the court as missing;
  2. is recognized by the court as legally incapable;
  3. is sentenced for committing a crime to imprisonment for a term of over three years.
The dissolution of the marriage and the issue of the certificate on the dissolution of the marriage shall be effected by the registry office upon the expiry of one month from the date of filing an application on the dissolution of the marriage.
 
The state registration of the dissolution of the marriage shall be effected by the registry offices in conformity with the procedure, established for the state registration of the civil status acts.
 
CONSIDERATION OF THE DISPUTES
 
When the marriage is being dissolved at the Registry Offices, the disputes about
  1. dividing the spouses' common property,
  2. about the payment of the means for the maintenance of the disabled needy spouse, and
  3. also the disputes about children,
one of whom is recognized by the court as legally incapable or is sentenced for committing a crime to imprisonment for a term of over three years shall be considered in court apart from the dissolution of the marriage at the registry offices.
 
DISSOLUTION OF THE MARRIAGE IN COURT
 
A marriage shall be dissolved in court, if the spouses have common underaged children, or if one of the spouses does not consent to the dissolution of the marriage.
 
A marriage shall also be dissolved in court, if one of the spouses, while raising no objections to it, avoids the dissolution of the marriage at the registry office (refuses to file an application, does not wish to attend the registering of the dissolution of the marriage, etc.).
 
If One of the Spouses does not consent to the dissolution of the Marriage
  1. The marriage shall be dissolved in court, if it has been established that the further life of the spouses together and the preservation of the family is impossible.
  2. When considering the case on the dissolution of the marriage in the absence of one of the spouses' consent to the dissolution of the marriage, the court shall have the right to take measures for reconciling the spouses and shall also have the right to put off the proceedings by the case, having fixed for the spouses a three-month reconciliation term.
The marriage shall be dissolved, if the measures, taken to reconcile the spouses, have failed and the spouses (one of the spouses) insist (insists) on the dissolution of the marriage.
 
DISSOLUTION OF THE MARRIAGE WITH MUTUAL CONSENT
 
If there is a mutual consent to the dissolution of the marriage on the art of both spouses, having common underaged children, or on the part of the spouses, the court shall dissolve the marriage without finding out the motifs behind the divorce. The spouses shall have the right to present to the court an agreement on the children. In the absence of such an agreement, or if the given agreement infringes upon the interests of the children, the court shall take measures to protect their interests in the order.
 
The dissolution of the marriage shall not be effected by the court before the expiry of one month from the date of the spouses' filing an application on the dissolution of the marriage.
 
ISSUES TO BE RESOLVED BY THE COURT
 
When dissolving the marriage in court, the spouses may present for the consideration of the court an agreement
  1. on the issue of with whom of them the underaged children will live,
  2. on the procedure for paying out the means for the maintenance of the children and (or) of the disabled needy spouse,
  3. on the amount of these means or on dividing the common property of the spouses.
THE MOMENT OF TERMINATION OF THE MARRIAGE
 
The marriage, dissolved at the registry offices, shall be terminated as from the date of the state registration of the dissolution of the marriage in the Register of the Civil Status Acts, and if the marriage is dissolved in court- as from the date of the court decision coming into legal force.
 
The court shall be obliged, within three days from the date of the court decision on the dissolution of the marriage coming into legal force, to forward an excerpt from this court decision to the registry office by the place of the state registration of entering into the marriage.
 
DIVISION OF THE SPOUSES' COMMON PROPERTY
 
The division of the spouses' common property may be effected both in the period of the marriage and after its dissolution upon the demand of one of the spouses, and also if the creditor makes a claim for the division of the spouses' common property in order to turn the exaction onto the share of one of the spouses in the spouses' common property.
 
The spouses' common property may be divided between the spouses by their agreement. At the wish of the spouses, their agreement on the division of the common property may be notarially certified.
 
In the case of a dispute, the division of the spouses' common property and also the delineation of the spouses' shares in this property shall be effected in court.
 
While dividing the spouses' common property, the court shall define, upon the demand of the spouses, what property shall be subject to transfer to each of the spouses. If the value of the property, transferred to one of the spouses, exceeds the share due to him, the other spouse may be adjudged the corresponding monetary or other kind of compensation.
 
The court may recognize the property, acquired by each of the spouses in the period of their living apart after terminating the conjugal relations, as the property of each of them.
 
The things, acquired exclusively for satisfying the needs of the underaged children (the clothes, footwear, school things and the sports accessories, musical instruments, the children's library, etc.), shall not be subject to division and shall be transferred without compensation to that of the spouses, with whom the children live.
 
The deposits, made by the spouses at the expense of the spouses' common property to the name of their common underaged children, shall be regarded as belonging to these children and shall not be taken into account, when dividing the spouses' common property.
 
If the spouses' common property is divided in the period of their marriage, the part of the spouses' common property, which was not divided, and also the property, acquired by the spouses subsequently in the period of their marriage, shall comprise their joint property.
 
To the claims for dividing the common property, made by the spouses, whose marriage was dissolved, a three-year term of legal limitation shall be applied.