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

My brother is going to marry but I think the girl wants to get married solely for the purpose of obtaining an apartment and probably other property. It is impossible to persuade my brother from marriage but I can at least give him advice in order to minimize material losses in case of divorce. What is a wife entitled to in case she initiates a divorce in a year? My brother owns an apartment (he lives there alone), a half of our country house and a car.

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Answer

According to Art 36 part 1 of the Family Code of the Russian Federation all property owned by spouses prior to the marriage as well as property received by a spouse during the marriage as an inheritance or under other compensation-free deals (property of each spouse) is considered to be personal property of the spouse. According to Art 34 of the Family Code of the Russian Federation all property acquired during a marriage is considered to be common property of the spouses. So a wife doesn’t have a right to the property acquired by your brother before the marriage. But you shall hold in mind that in case you register your wife in your apartment she may acquire a right to use the mentioned apartment so you shouldn’t do it. You shall also hold in mind that you can conclude a marriage contract (Art. 40-43 of the Family Code of the Russian Federation).

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