Differences of marriages and divorces in Russia from those in other countries

The procedure for getting married (or, on the contrary, divorcing) in Russia may significantly differ from that in your country. This article answers some frequently asked questions from foreign nationals.

NO MARRIAGE LICENSE
In some jurisdictions, couples need a permission called “license” before getting married. The license does not record the marriage itself, but gives a right to perform it. It is required, e. g., in some states of the USA. In Russian jurisdiction, a license is not required. All a couple must do is to file an application with the ZAGS (registry / vital records office) and, at least in a month, put their signatures in the Marriage Logbook and thus obtain a marriage certificate.

NO FAULT DIVORCE
If a couple, or one of the spouses, wishes to terminate the marriage's legal bond, they do not have to provide any good reason for why they should be allowed to divorce. It is enough to indicate that there has been an irretrievable breakdown of the marriage.

NO WITNESSES
In some countries, especially Muslim ones, the presence of two witnesses is compulsory to record a marriage, while in Russia the couple can come to the ZAGS in splendid isolation and get the coveted certificate. Witnesses can be invited to the wedding as a tribute to tradition, but they do not sign any documents.

NO RELIGIOUS MARRIAGE
The Russian Federation is a secular state and recognizes only civil marriages recorded by the ZAGS. Church wedding ceremonies quite often take place, yet are optional and require an additional registration in the registry office. However, Russian authorities validate the marriage performed abroad if it is considered valid in the country where it took place, regardless of who recorded it – a civil registrar or church/mosque officiant.

NO SEPARATION, ONLY DIVORCE
In the legislation of European states, USA, Philippine, India and some other countries, there is an alternative to a divorce – legal separation – if serious conflicts appear between the spouses, but there is still the hope for reconciliation. This status allows to protect the interests of children, if any, and give the husband and the wife the opportunity to reconcile before “burning the boats” and ending the marriage. However, in Russia a couple can be either married or divorced, the “intermediate state” does not exist. A foreign national legally separated from his/her spouse is recognized as married in this country.

NO PUNISHMENT FOR SEXUAL INTERCOURSE ON FALSE PROMISE TO MARRY
This punishment exists in some conservative countries, such as India, but in Russia there is freedom of sexual intercourses and it is impossible to hold a person liable for such a thing.

OPTIONAL FATHER ON BIRTH CERTIFICATE
If a baby was born in a marriage, the mother’s husband will be automatically put as the father on his/her birth certificate; the opposite may be proven in court only. In case of unwed couples or when the second parent is not known / is dead / unaccounted for / refuses to be involved in the child’s life, the father’s name is not a requirement to issue a birth certificate. Then the mother will be considered the only custodial parent.

NO SAME SEX MARRIAGES OR CIVIL UNIONS
It is easy – Russia records neither same sex marriages nor civil unions, and does not recognize those legally performed abroad.

NO ALIMONY TO EX WIFE
Courts do not award alimony payments to the wife after divorce, even if she does not have a job (unless otherwise provided for in the prenuptial agreement). It is another matter if the couple has a child and he/she stay with the mother; yet in this case money is paid for the child’s needs, not the mother’s.

COMMUNITY PROPERTY
It is not important in the name of which spouse the property was registered – in case of divorce all the material possessions the couple purchased during the marriage will be distributed equally. You can read about exceptions to the rule in this article. This regime also may be changed by signing a prenuptial agreement by mutual consent of the parties. If you have not concluded an agreement and acquired a lot of property during the marriage, be emotionally ready to the fact the asset distribution might be difficult and long-lasting.



You might also like the articles:
Can I marry in Russia earlier than in 1 month after filing an application?
Disputes over children in Russia: custody and parenting time
Marital Agreement in Russia
Divorce in Russia

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