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

After divorce in 2002 my husband and I concluded a written agreement with regard to our mutual obligations. In particular, my ex-husband undertook an obligation to leave St. Petersburg and live with his mother in her apartment in Tver. I undertook an obligation not to get married until our daughter finishes school. After divorce my husband went to Tver. In August 2003 our mutual friend told me that my ex-husband is going to buy an apartment in St. Petersburg in violation of our agreement. I want to dispute the sale/purchase contract and make him leave St. Petersburg. What laws can be applicable in this case and how can I control his actions in future?

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Answer

Full or partial waiver of legal capacity by a citizen and other deals aimed at incapacitation are considered void according to Art. 22 part 3 of the Civil Code of the Russian Federation.

Your agreement is void according to Art. 168 of the Civil Code of the Russian Federation as non-conforming the laws , in particular the Constitution of the Russian Federation and the Law of the Russian Federation № 5242-1 "Right of Russian citizens to freedom of movement and choice of residence in the territory of the Russian Federation" and the Family Code of the Russian Federation.

Therefore you do not have any legal basis to require termination of the sale/purchase contract and enforcement of other provisions of your void agreement. You can conclude a marriage according to Art. 12 of the Family Code of the Russian Federation, mutual agreement of a man and a woman to conclude a marriage and achievement of marriage age are the only requirements for conclusion of a marriage. A marriage can not be concluded in case any of the circumstances mentioned in Art. 14 of the Family Code of the Russian Federation exist, i.e. a marriage can not be concluded by persons in case one of them is married; such persons are immediate relatives, an adopter and an adoptee; in case one of them is declared legally incapable due to a mental disease. This list is complete.

Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
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