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Family Law: divorce proceedings, conclusion of marriage (Russia)
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Question

My friend wants do divorce. It is her husband's initiative (he found another woman). They have a child (2 months). Can he initiate divorce proceedings? Shall divorce be registered for the purposes of recovery of alimony payments? My friend heard that her husband shall also support her in case of divorce. Is it true? Does she need to register the divorce in this case?

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Answer

You friend is entitled to terminate the marriage in case she wants it. Her husband doesn’t have such right. According to Art. 17 of the Family Code of the Russian Federation a husband is not entitled to initiate divorce proceedings during his wife's pregnancy and during the first year of their child's life unless he’s got wife's consent. Right to alimony payments doesn’t depend on divorce, alimony payments can be recovered during marriage (Art. 81 of the Family Code of the Russian Federation). Your friend is also entitled to recover alimony payments to support herself until the child reaches the age of three years in case she takes care of the child (Art. 89, 90 of the Family Code of the Russian Federation). Marriage termination is not required in this case either.

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