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

Is Art. 34 of the Family Code of the Russian Federation applicable in case of partition of property owned by citizens living in a common-law marriage?

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Answer

The Family Code of the Russian Federation doesn’t provide for such term as "common-law marriage". According to Art. 2 part 1 of the Family Code of the Russian Federation a marriage is considered to be a marriage only in case it is registered by a civil records office. Any other relationships are not considered to be marriage. According to Art. 34 part 1 of the Family Code of the Russian Federation spouses’ common property can be parted both during the marriage and after divorce at request of any of the spouses. The Family Code of the Russian Federation doesn’t provide for partition of property acquired during a "common-law marriage". Therefore Art. 34 of the Family Code of the Russian Federation is not applicable in this case.

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