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Contact information
Address: Pechatnikov Pereulok 22, Moscow 103045 Russia
Moscow Bar of Arbitration Lawyers
Tel. +7 495 782 3313
Fax. +7 495 6287839
info@divorceinrussia.com
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| Marital property in Russia. Property division. | |
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| Another major more issue related to divorce in Russia is spousal property division.
In a Russian divorce, the basic issue governing property division is that assets purchased during the marriage become the joint property of the husband and wife and in the event of a divorce are divided equally between the two parties. It makes no difference whether one spouse did not work at all during the marriage or both spouses worked equally for the money. | 
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Basic principles
In a number of Western countries, entering a marriage implies the man and woman uniting their assets and this becoming joint property. Russian divorce law, in contrast, stipulates that all money saved and property or assets purchased prior to the marriage remain that individual's property in the event of a divorce. This also applies to assets or monies received without payment: i.e. as a gift or inheritance; the recipient of this gift or inheritance retains sole ownership of the property in the event of a divorce in Russia. This is the case even if the car, flat or country house was used by all members of the family during the marriage.
An important adjunct here in a Russian divorce though it that if in the course of the marriage an investment into one of the spouse's (pre-marriage) properties at both parties' expense substantially increases the market price of the asset then the second spouse has the right to claim for a proportionate sum in that property. For example, in a divorce in Russia, if a country house was renovated from a single story shack into a three-storey mansion then the second spouse would be able to claim for a proportion of the final price equivalent to their proportion of investment.
Court jurisdiction
In a Russian divorce, it does not matter whether a property is located in Russia or abroad. However, experience shows that it makes sense to divide a property in the country where the property is actually located to avoid future problems with enforcement of the court decision. The reason is that a Russian court's jurisdiction over a property abroad could be rejected locally and then proceedings would have to begin all over again.
Russia has signed agreements on providing legal support in civil and family cases with Poland, Finland, India, Egypt, Italy, Cyprus, Greece, Bulgaria, Hungary, the majority of former Soviet republics and some other states. Such an agreement guarantees that a court decision in a Russian divorce would be recognized in the other state and be enforceable if needed. It is important to note that Russia has exclusive jurisdiction over cases related to real estate located on Russian territory.
Marital contract. Pre-nuptial agreement
In a Russian divorce, as with any marriage dissolution, the best option of property division is to work out a compromise ahead of time. In order to formalize such an agreement, spouses can sign a marital contract either before entering into a marriage or during a marriage (i.e. when considering a divorce). A notary should certify the marital contract; such a contract can be concluded and signed through a representative in order to avoid traveling overseas.
Russian divorce law does not anticipate alimony payments to spouses with several exceptions: a spouse becoming an invalid, disabled, unable to work etc. (please see the earlier "Alimony" section). However, a marital contract can stipulate the financial obligation of one partner to financially support the other.
Please note that a marital contract in Russia can only regulate financial issues between a husband and wife. All financial and other issues relating to children, their upbringing, financial support and so forth cannot be regulated by such a contract under Russian divorce law and require a separate agreement.
If you have any further questions relating to divorce in Russia or spousal property division in a Russian divorce please feel free to contact me via telephone or e-mail.
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Divorce in Russia
the procedure of divorce in Russia: civilian registry offices or legal procedure. Questions of jurisdiction of a Russian court. Legal issues of a divorce complicated with a 'foreign' component: spouses are citizens of two different states, spouses are living on the territory of a foreign state, or spouse have no citizenship at all.
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Child custody in Russia
When parents take a decision to separate the question arises on who their child(ren) should remain with. Specificities of the Russian legal system.
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Alimony and child support
Russian divorce law is rather straightforward in relation to spousal and child support. In this section we look at the major issues related to child and spousal support in a divorce in Russia. Child support rates, alimony agreements.
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