New law on divorce of spouses in the presence of children in Russia in 2020

Litigation related to divorce involves legal difficulties. The main one is the division of property (common assets and debts). Legal relationships between spouses are regulated by several normative documents of the Civil and Family Code of the Russian Federation #143. Some articles of the main bills have significant shortcomings, which lead to delays in divorce proceedings for months and years. In 2020, a series of amendments were made to the laws. Experts believe that after their consideration, the divorce procedure will be simplified. In this article we will look at the new law on divorce and its provisions. We will also list which divorce laws are new in Russia.

What is divorce and the rights of spouses

Marriage and family relations are based on mutual love and respect (Article 1 of the RF IC). But in life there are legal, financial, everyday and personal problems that lead to divorce.

Termination of marital relations is a public procedure established by law that regulates issues of common property of spouses. The legal framework in Russia provides for two methods of divorce: voluntarily through the registry office and through the territorial court with the filing of claims within the framework of the civil procedure code.

The provisions of regulatory documents establish that a husband and wife have the right to count on a share of jointly acquired property and the right to raise common children. The legislative framework for measures taken during divorce includes the “Law on Executive Proceedings” No. 229 of 2007.

Divorce in court

Modern Russian family law suggests two ways of conducting court cases regarding divorce.

A simplified procedure – when there is a mutual decision to divorce. This fact has always been proof that the union has ceased to exist.

The motives and reasons for the breakdown of family relationships in this case are not clarified, and the court does not take actions aimed at reconciling the parties. However, minor children in the event of a separation from their parents are protected by Family Law in any scenario.

To ensure the interests of the children, the two parties must, even before the process, come to an agreement on who will support and raise the children and how. If parents cannot resolve these important issues, then the judge will decide.

It is also advisable, before the trial, to amicably resolve issues regarding the division of common property and, if there are legal grounds, about the payment of alimony to one of the spouses by the other. The second way is when one of the couple wants to get a divorce, and the other is against it.

In such cases, it is the judge’s duty to make sure that in the future it will be impossible to preserve the family. It is also necessary to establish the fact of the collapse of the union. The court is competent to examine the circumstances that contributed to this.

The experience of family law shows that people get divorced, in general, for the same reasons - drunkenness, adultery, etc. This is given a very vague definition of “dissimilarity of characters.”

Lawyer's comments: the Family Code of the Russian Federation does not prevent the dissolution of marital relations, but the judge must make sure that life in the family harms all its members. Society, represented by the court, gives a chance to improve intra-family relationships and tries to preserve the unit of society.

Using the data from the survey of the husband and wife, the testimony of witnesses, and on the basis of other facts, the court may come to a decision that, after all, there is an opportunity to preserve the unit of society. If this is the case, then the court sets a time for the spouses to reconcile.

The period for reconciliation is set within 90 days. If during this period the wife and husband eliminated disagreements and reconciled, then the case of divorce by the judge is terminated. But, if after three months the desire to divorce has not disappeared, then the judge still divorces the couple.

Simultaneously with the decision on divorce, the judge decides the following issues:

who does the teenager stay with?
who will pay child support and how much;
about the division of property.

It’s easier, of course, to reach an agreement, but during a divorce it’s rarely possible to maintain impartiality. In such cases, the representative can himself decide questions about the teenager’s place of residence and alimony.

What are personal non-property and property rights of spouses

The list of the main intangible benefits of a husband and wife includes:

implementation of professional activities;
free choice of interests;
freedom of movement and residence;
equal rights to family planning and raising children;
equal right to material goods (house, apartment, cash account);
other family issues.

Relationships of this kind are not regulated by a marriage contract, do not end after marriage, and are not subject to the influence of one of the spouses.

Division of property according to the RF IC

The property side of family relationships is one of the most exciting. That is why the Russian Investigative Committee defines the procedure for dividing the property of spouses, both at the request of one of the parties and after a divorce.

According to the law, everything acquired during a marriage can be divided:

equally between husband and wife. This division procedure is ensured by the provisions of the RF IC on the legal regime of property;
by contract. Before marriage or at any time after marriage, spouses can enter into an agreement that will describe the procedure for dividing property.

The RF IC also defines a list of property that is recognized as personal and is not subject to division. For example:

received by one of the parties free of charge;
acquired before marriage;
personal items;
child's things. Usually they go to the parent with whom the minor remains, etc.

The share of each party may be reduced or increased, unless otherwise provided by agreement, depending on the presence of certain circumstances:

the presence and determination of the place of residence of children;
presence of evidence of wasteful attitude towards the family budget during the marriage of one of the parties, etc.

When a contract is drawn up, the division of property will be implemented in accordance with its provisions. However, it must be certified by a notary and signed by both spouses.

As a result of the division, everyone will receive their share of the property. However, it is important to prove to the court all significant circumstances that may affect the order of division.

Official Divorce Bill 2020

Schemes for conducting divorce proceedings provided for by Russian legislation:

the simplified procedure is applied with the mutual consent of the husband and wife who do not have minor children;
divorce through the registry office if one of the spouses does not agree;
proceedings in federal court in the presence of serious property disputes, which can significantly complicate the process.

The main basis for divorce is the submission of a written application by one of the spouses. The divorce certificate is issued by an administrative officer. If one of the spouses refuses the claim, he can go to court.

The statement indicates the reason for the divorce:

one of the family members is officially declared missing;
one of the parties became a participant in a criminal offense;
long-term residence of spouses separately (more than 10 years);
incapacity of one of the spouses;
personal data, presence/absence of children.

How does divorce happen through court?

Divorce in court is clearly regulated by Art. 21-24 SKRF. After studying the case and the information provided by the spouses. The judge can listen to witnesses, who are often brought by spouses. The way of life of the spouses and their financial condition will also be taken into account in order to correctly determine the place of residence of their common children. Spouses can draw up a written agreement between themselves on the right to raise and reside children. If the court does not find any points that violate the rights of children, it approves this agreement and satisfies the claim for divorce.

There are a number of situations in which a judge may refuse to satisfy a claim:

pregnancy of the wife - Article 17 of the Criminal Code of the Russian Federation;
death of a common child less than a year ago - Article 18 of the Criminal Code;
child under 1 year - Article 18 of the SKRF.

The divorce may not take place if the plaintiff withdraws his application; this right is given to him by Articles 18-19 of the ICRF.

When terminating a marriage in court, citizens must be prepared for a protracted process, especially if the case involves a claim for the division of joint property. In matters of division of jointly acquired property, a judge in resolving controversial issues can rely on articles of the Civil Code. The SKRF also has articles that address the issue of dividing shares in common property - 38-39.55, 66.

When rendering a verdict, the judge clearly justifies in the appropriate document his decision on divorce, on the division of property and on the place of residence of each of the children. The judge's decision can be appealed within 10 days from the date of the verdict. If this is not done, a certificate will be issued and the marriage will be dissolved.

Cost of services in divorce cases

The new law on divorce in Russia also provides for the payment of a state fee, which is established when filing a claim. The new amendments made to the bill set the following prices:

650 rub. paid by both parties upon divorce under a simplified procedure;
the same amount will be paid by the former spouses upon dissolution of the family union through the court;
350 rubles – in case of incapacity of one of the spouses, resulting in unilateral divorce according to a simplified procedure.

The new bill on divorce provides for an increase in the amount of state duty in some cases and the establishment of penalties for failure to comply with court decisions.

Article 23. Divorce of marriage in court with mutual consent of the spouses to dissolve the marriage

1. If there is mutual consent to dissolve the marriage of spouses who have common minor children, as well as the spouses specified in paragraph 2 of Article 21 of this Code, the court dissolves the marriage without clarifying the reasons for the divorce. Spouses have the right to submit to the court an agreement on children, provided for in paragraph 1 of Article 24 of this Code. In the absence of such an agreement or if the agreement violates the interests of children, the court takes measures to protect their interests in the manner prescribed by paragraph 2 of Article 24 of this Code.

2. Divorce of marriage is carried out by the court no earlier than the expiration of a month from the date the spouses filed an application for divorce.

Main innovations in the rules for dividing property of spouses

As described above, the standard procedure for dividing property provides for equal shares of the two spouses. The size of the allocated spousal portion is determined by the court. If the owners have reached an agreement or there is a prenuptial agreement, there is no need for litigation.

When filing an application to court for divorce, the plaintiff and defendant face the following problems:

the law does not regulate the mechanism for fulfilling debt obligations;
the emergence of difficulties in the division of real estate, securities, business;
the court or notary authority establishes monetary compensation in exchange for an undivided share, but the defendant does not bear serious responsibility for violating the decision of the legal authorities;
concealing part of the husband's (wife's) income violates the interests of the second spouse, since he loses the opportunity to receive compensation for part of the indivisible property.

The law on the regulation of family relations has remained virtually unchanged since the times of the Soviet Union and is not fully applied to marital disputes. Lawyers hope that the new divorce law will change the situation. The provisions of the bill may regulate the mechanism for dividing earned material benefits if it is approved by the Russian Duma. The amendments to the bill were satisfied by the ministerial departments of Russia and met with a positive reaction from the expert legal community.

How does a divorce work?

Divorce of a marriage by the RF IC is possible only after a written application by one or both spouses to the registry office or court. The government agency reviews the application and either accepts it or returns it to the plaintiff. The grounds for ending a marriage are clearly described in Art. 16 IC RF.

Spouses who decide to divorce should know where to file the claim, because the place where it is considered differs depending on the reason for the divorce. For example, if spouses divorce by mutual consent and do not have children in common, their case is considered by the registry office; if the spouses are not averse to divorce, but have children, then their case is handled by a magistrate. If there are controversial issues and children, then you cannot do without a district judge. The possibility of independently determining the body where you need to file a claim is regulated by Art. 18 IC of the Russian Federation. You can familiarize yourself with the procedure for considering and conducting the divorce process in Art. 19, 21-23 IC RF. Legislation in Russia clearly describes the moments of legal termination of an official marriage, Art. 25 IC RF.

The Divorce Law of the Family Code also provides for an article according to which spouses are given time for reconciliation and restoration of the family. Even after submitting an application, a couple can take advantage of Art. 26 of the RF IC and continue to live in an official marriage.

The Family Code describes divorce as a clear legal procedure that has a regulated structure:

How to properly file an application for divorce through the court or the registry office?

Filing a claim addressed to a judge or court at the place of registration. A lawyer or office staff can help you draw up an application. A package of documents must be attached to the application, which includes: passport, marriage certificate, birth certificates of children, receipt of payment of state duty. The amount of state duty through the registry office and through the court is clearly regulated by Article 333 of the SKRF.
Submitting an application to the court or registry office for consideration. The procedure for considering the case is determined by the relevant article on divorce in the SKRF and is 30 days. During this time, the court will study the appeal and may send it for revision, accept it or not accept it.
If the application is accepted after 30 days, the first meeting will be scheduled. If the couple has no controversial issues, the spouses have reached an agreement on raising children, the magistrate will dissolve the marriage at the first meeting. The marriage is unilaterally dissolved, also at the first meeting. If there is a divorce with disputes and division of property, the hearing can last up to six months.
After the court makes a decision, the spouses are issued a corresponding document, which is subject to registration in the registry office. After it is entered into the Register Book of the Russian Federation, the spouses will be issued a certificate of divorce. The moment of divorce and the issuance of a certificate is clearly described in Article 25 of the Russian Federation Family Code.

Divorce laws state that after a divorce certificate is issued to the spouses, they no longer have obligations to each other, they can end any relationship and even not communicate.

Divorce under the new legislation

The innovations apply to notarial transactions and court decisions.
Experts have identified a list of property obligations that can be divided according to the principle of agreement. The bill provides for the execution of the contract taking into account the total debts and shares, as well as provisions that guarantee mandatory repayment. List of new provisions in the consideration of cases during divorce proceedings:

the division of joint assets will be carried out by determining the parts of both parties with a list of movable and immovable property, the amount of material compensation;
the judge's decision must indicate the exact debt share;
Until the amount of material compensation is determined, the law automatically imposes restrictions on the use of property, doing business, and conducting real estate transactions (donation, rent, sale), until the other party to the divorce receives the entire amount of the debt.

Issues of legal status of spouses

As is known, the conclusion of an officially registered marriage between individuals is a legal fact. From the moment of its actual registration, each of the spouses entering into marriage equally becomes the owner of the corresponding rights and obligations established by family law.

The emergence of rights and obligations of spouses for individuals, according to Art. 13 of the IC, is allowed from the moment they reach the age of marriage, which in general cases is 18 years, and in exceptional cases - 16 years.

The legislator’s determination of exactly this age as the main condition for the possibility of marriage is not accidental - in this matter, the provisions of family law refer to the Civil Code, which defines the main aspects of the legal status of spouses under the Civil Code:

The possibility of individuals having conjugal rights and obligations is determined by their civil capacity (Article 21 of the Civil Code). Only upon reaching the age of majority, individuals can, by their actions, acquire rights and obligations , including marital ones.
In cases where the law allows marriage before adulthood, an individual acquires legal capacity from the moment of marriage (Clause 2 of Article 21 of the Civil Code). It should be understood that the emergence of full legal capacity from the moment of marriage allows the emergence of not only marital, but also any other rights and obligations regulated by the Civil Code.
The Civil Code also regulates issues of legal capacity of individuals (Article 17 of the Civil Code) - the ability to have any rights and perform any duties. This ability arises in citizens from the moment of birth and ends at the moment of death. Since spouses are individuals, their ability to have conjugal rights and perform duties is directly related to their civil capacity .