Family Law in Russia
Family law in Russia is primarily regulated by the Family Code of the Russian Federation (1995), which governs marriage, divorce, child custody, adoption, and inheritance. Russian family law is largely secular and focuses on protecting the rights of spouses, children, and other family members. Here are the key aspects of family law in Russia:
1. Marriage
Requirements for Marriage
The legal age for marriage is 18 years old. However, in exceptional cases (such as pregnancy), a regional authority may permit marriage at 16 years old.
Marriage must be officially registered with the state at the Civil Registry Office (ZAGS).
Both parties must provide consent, and forced marriage is illegal.
Polygamy and same-sex marriage are not recognized under Russian law.
Foreigners can marry Russian citizens, but additional documentation (such as proof of single status and a translated passport) is required.
Marriage Contracts (Prenuptial Agreements)
Spouses can sign a prenuptial agreement to determine property ownership and financial responsibilities in case of divorce.
The agreement cannot regulate personal matters like child custody.
2. Divorce
Ways to Obtain a Divorce
Mutual Agreement (Simplified Procedure): If both spouses agree and have no minor children, they can divorce at ZAGS without a court.
Court Divorce: If the couple has minor children or one spouse disagrees, the divorce must go through the court system.
A pregnant woman or a mother of a child under one year old cannot be divorced without her consent.
Division of Property
Russia follows the community property rule: all assets acquired during the marriage are divided equally unless a prenuptial agreement states otherwise.
Personal property acquired before marriage, as well as inheritance or gifts, remains with the original owner.
3. Child Custody and Support
Child Custody (Parental Rights)
In most cases, after divorce, custody of young children is given to the mother unless the court finds her unfit.
Fathers can obtain custody if they can prove that it is in the best interest of the child.
Joint custody is possible, but it must be approved by the court.
Child Support
The non-custodial parent must pay child support:
1 child → 25% of income
2 children → 33% of income
3+ children → 50% of income
If the parent refuses to pay, wages can be garnished by court order.
4. Adoption and Guardianship
Both Russian citizens and foreigners can adopt Russian children, but foreign adoption is regulated strictly.
A person must be at least 16 years older than the child they wish to adopt.
Individuals with criminal records, mental illnesses, or substance abuse problems cannot adopt.
Russian law prioritizes keeping children in Russian families and has banned U.S. adoptions since 2013.
5. Inheritance Laws
Russia follows forced heirship principles: children, spouses, and parents are entitled to a mandatory share of the estate, even if a will states otherwise.
A will can dictate who inherits what, but it cannot exclude minor children or disabled relatives from receiving part of the estate.
If a person dies without a will, inheritance follows a priority system, starting with spouses, children, and parents.
6. Domestic Violence and Protection Orders
Domestic violence is a controversial issue in Russia. In 2017, some forms of domestic violence were decriminalized, meaning first-time offenses that don’t cause serious harm are punishable only by fines.
There are no specific restraining orders, but victims can report abuse and seek help from social services.
Women’s rights organizations and international groups have criticized Russia’s weak domestic violence protections.
7. Rights of Foreigners in Russian Family Law
Foreigners married to Russians are subject to Russian family law while in the country.
Divorce and child custody involving a Russian citizen can be complex, especially if one parent wants to take the child abroad.
Russia is a signatory to the Hague Convention on Child Abduction, meaning it enforces international child custody rulings in many cases.
Conclusion
Russian family law is based on secular principles but places strong emphasis on protecting children and traditional family structures. Marriage and divorce are regulated by the state, property is typically divided equally, and child custody favors the mother in most cases. However, domestic violence laws remain weak, and inheritance laws ensure that close relatives receive a mandatory share of the deceased's estate.
RELATED Blog
0 comments