Russian laws limit the right of men to unilaterally file for divorce from their pregnant wife in the absence of her consent. This is due to the fact that the legislator gives women who are expected to have a child in the future a special status. The reasons for this are:
- If you allow husbands to divorce their spouses while pregnant on their own initiative, then with a high degree of probability the ex-wife will experience financial difficulties, since due to her “situation” she will not be able to provide for herself.
- Considering the physiological characteristics of the female body bearing a fetus, divorce can be a psychological blow for the expectant mother and affect the health of the newborn.
However, what is written above does not mean that it is absolutely impossible to dissolve a marital relationship with a pregnant wife. It is possible to formalize the termination of a marriage through a trial or through the registry office either at the request of the spouse or by mutual consent of the marriage partners. The features of the divorce procedure during pregnancy on the initiative of the wife or by mutual agreement of the spouses are described in detail below.
If both agree
When the desire to dissolve a marriage is mutual, difficulties usually do not arise. At any time, until the child is born, the couple can go to the registry office, pay the state fee and write an application for divorce. In addition, you will need the passports of the parties and a marriage certificate. If a woman cannot go to the registry office, but agrees to a divorce, she can confirm this in writing. The document will need to be certified by a notary.
Expert commentary
Shadrin Alexey
Lawyer
Although the registry office employees, on their own initiative, can try to dissuade the spouses from this step, they cannot refuse to accept the application.
Traditionally, a month passes between the filing of the application and the official divorce. If during this time the spouses have not changed their decision, you need to come to the registry office, get a divorce certificate and put a stamp in your passport. If you change your mind, you will need to withdraw your application.
When consent is not needed
In some situations, a pregnant woman can divorce her husband through the registry office without his consent. This right is enshrined in Art. 19 RF IC in the following cases:
- a sentence that has entered into force condemning a man to 3 or more years in prison;
- a court decision has entered into force declaring the husband incompetent and missing.
It is clear that in this situation pregnancy often occurs from another man. This doesn't matter to the law. But by officially filing a divorce, a woman gets the opportunity to marry the father of her child.
General conditions for divorce
The Family Code of the Russian Federation establishes the right of citizens to terminate marital relations.
The provisions of the article of the RF IC define the following grounds for divorce:
- Initiative of one of the spouses;
- Death of husband or wife;
- Recognition of the legal incapacity of one spouse.
On a note! With mutual consent, the official marriage is dissolved in the registry office. In other cases, the divorce occurs in court.
The disagreement of either spouse to divorce has no legal significance. However, during the trial, circumstances that may help preserve the family will certainly become clear.
Article 16 of the Family Code of the Russian Federation “Grounds for termination of marriage”
If the initiator is the wife
The law does not restrict a woman from wanting to break up with a man. She can do this at any time, including during pregnancy. When the spouse objects to this, the issue will have to be resolved in court. It is not necessary, but it is advisable, to justify your decision. For example, antisocial or aggressive behavior of a spouse, lack of financial assistance, etc. If there are no objective reasons for divorce, the court will not refuse to accept the application and dissolve the marriage on the initiative of the wife, but the judge, at his discretion, can set a maximum time for reconciliation - 3 months.
Advice for women - how to survive divorce during pregnancy?
Don't blame yourself for not being able to save your family. Rejoice that with the divorce, the scandals will finally end. Advice not to be nervous during pregnancy is not an empty phrase. If you want to give birth to a mentally and physically healthy child, take your mind off your problems. Walk more, meet friends, find a hobby.
During pregnancy, any little things can irritate you, and there is no need to change your life because of this. Whether it’s worth showing your proud disposition and staying alone, or keeping silent once again and saving your family, everyone decides for themselves, based on the situation. The best destiny for a child is to grow up in a complete family, with loving parents. If, of course, the family situation is dangerous for the health of the expectant mother and her child, it is better to survive the divorce and live in peace.
If the initiator is the husband
If a man decides to leave his pregnant wife, the law has no right to stop him. But it can legally prevent you from filing a divorce. Starting from the moment it became known about pregnancy and until a year has passed since the birth of the child, the spouse does not have the right to demand a unilateral divorce (Article 17 of the RF IC).
Article 17 of the RF IC - Restriction of the right of a husband to file a demand for divorce
The husband does not have the right to initiate proceedings for divorce without the consent of his wife during his wife’s pregnancy and within a year after the birth of the child.
The law does not provide for exceptions to this rule. Even if the process has already begun and during it the woman learned that she is expecting a child, she can present a pregnancy certificate at any time before the decision is made. The case will be dismissed even if the man continues to insist on divorce.
It is also impossible to file a divorce on the initiative of the husband until a year has passed since the birth of the child. It does not matter whether the baby lived to see his first birthday. Even if he dies during childbirth, this will not give him the right to separate from his mother. Only after 12 months does a man have the opportunity to file for divorce.
Sometimes men doubt that the child was conceived from him and on this basis demand a divorce. If the wife does not confirm these suspicions, the only way is a DNA test. Technically, it can be done even during pregnancy, but this requires the consent of the expectant mother. It is rarely given, so the man has to wait for the baby to be born and challenge paternity in court.
Even if it can be proven that the child is from another man, the law does not provide for this fact as a basis for divorce without the consent of the spouse until the child is one year old. But in this case, the man gets rid of the need to pay alimony.
When is it necessary to go to court?
A woman who decides to separate from her husband during pregnancy must file a lawsuit in the following cases (Article 19 of the RF IC):
- the husband is against divorcing his pregnant wife and insists on saving the marriage;
- the couple already has children together;
- There are disputes about the division of jointly acquired property.
Which court to submit documents to depends on several circumstances:
- spouses live together or separately;
- whether they have other children;
- the amount of the disputed property.
Expert commentary
Kamensky Yuri
Lawyer
If, apart from the unborn child, the spouses have no other common children and there are no property disputes, the claim is filed in the magistrate’s court at the place of residence of the defendant. If it is necessary to determine the fate of children born earlier, or to divide joint property worth more than 50 thousand rubles, the case should be considered by the district court. When the spouses live separately at the time of pregnancy, and the woman has other children from this marriage, she can go to court using her own registration.
State duty amount
| Name of government agency or official | Amount of money to be paid |
| Civil registry office | 350 rub. - one-sided divorce. 650 rub. – separation by mutual decision or on the basis of a court decision. Paid separately by each marriage partner. |
| Judicial authorities | 600 rub. - divorce proceedings. 0 rub. It is worthwhile for the plaintiff to file alimony claims. If these claims are accepted, the defendant will be charged 150 rubles. Division of property – clause 1, part 1, article 333.19 of the Tax Code of Russia |
| Notary offices | 250 rub. - alimony agreement. 500 rub. - marriage contract. 0.5% of the agreement amount (minimum – 300 rubles, maximum – 20,000 rubles) – agreement on division of property. |
Statement of claim for divorce
An application for divorce is drawn up in free form in accordance with the general requirements for business documents.
First, indicate the full name of the court. You can find it on site or look it up on the Internet. Next comes information about the plaintiff and defendant - full name, residential address. It is also advisable to indicate a contact phone number for faster communication.
The content part contains information about the marriage: when it was concluded, whether there are children. Next, the plaintiff justifies the impossibility of further family life and submits a request to the court to dissolve the marriage. Also, a woman may have other requirements - to determine the place of residence of children, to assign alimony, to divide common property.
The package of documents attached to the statement of claim depends on the specific situation. In any case, you will need:
- a copy of the woman's passport;
- a copy of the marriage certificate;
- receipt of payment of duty.
The remaining documents depend on the circumstances of the particular case. For example, birth certificates of other children, a list and estimated value of joint property, a certificate of pregnancy, an alimony agreement (if both spouses agree to a divorce, but they have children and the law requires filing a claim in court), etc. The list of applications is not limited, the only requirement is that they must relate to the essence of the matter.
At the end, the applicant puts a date and signature. In total, three copies of the application will be needed - the court will send one to the defendant, the other will be attached to the case, and the third with a mark of acceptance will be taken by the plaintiff.
If it is not possible to submit documents in person, they can be sent by registered mail with acknowledgment of receipt. The meeting is scheduled one month after the application is submitted.
Regulatory framework
| Acts of Russian legislation | List of articles |
| Family code | Chapter 14 - rules on the payment of alimony benefits in favor of a pregnant ex-wife. Chapter 16 – rules on alimony agreements. Article 17 is a legislative privilege for a pregnant wife, limiting the husband’s rights to terminate the marriage. Article 25 – the moment from which the marriage is considered terminated. Article 34 – a list of property acquired during marriage that is joint. Article 36 – list of personal property assets. Article 38 – general provisions on the division of marital assets. Article 39 – rules on calculating the size of shares. Article 42 is a list of what is permissible and what is not permissible to include in a marriage contract. |
| Tax Code (Part 2) | Article 333.19 – court fees. Article 333.24 – notary fees. 333.26 article – duties for the registry office. |
| Civil Procedure Code | Article 23 – the magistrate’s court and its competence. Article 24 – district court and its competence. Article 132 – additional papers submitted to the court together with the claim (list of them). Article 167 – failure of the defendant to appear at court hearings and the consequences of this failure. |
Divorce proceedings
During the hearing, the judge’s task is to make sure that continuation of family life is impossible. To do this, he listens to the arguments of the parties and, based on this, sets a deadline for reconciliation. Maximum it can be 3 months.
The court will also have to determine other issues: with whom the other children (if any) will remain after the divorce, assign alimony, and determine the fate of jointly acquired property. In this case, one meeting may not be enough and the process will be delayed.
Expert commentary
Gorchakov Vladimir
Lawyer
After all issues have been resolved, the parties will receive a court decision. Another month is given to appeal. After this, the document comes into force. Within three days, the court secretary will independently send the extract to the registry office where the marriage was registered. After this, the spouses are officially considered free.
Rights of a pregnant woman after divorce
The law protects a pregnant woman not only during marriage, but also after its dissolution. Since during pregnancy and in the first years after the birth of the child it is difficult for her to provide for herself, the law gives her the right to demand child support not only for the baby, but also for herself. This rule applies from the moment of divorce until the child turns 3 years old. If a child was born disabled or became disabled after some time, the right to maintenance remains until he reaches adulthood. But only on condition that the woman proves the need for additional financial assistance.
Alimony for the maintenance of a pregnant woman and a mother raising a child is assigned in a fixed amount. Specific values are not specified in the law. Spouses can agree on them independently and fix them in an alimony agreement. If the issue is decided by the court, payments are usually assigned as a multiple of the regional subsistence level to facilitate calculations and indexation.
The final amount depends on the financial situation of the parties. If the husband has no official income or has other dependents, he can ask for a reduction in the amount of payments or a complete exemption from them. He can also provide evidence that the wife does not need additional help. For example, she receives income from renting out housing or has a high salary and is entitled to good maternity benefits. But practice shows that the court usually sides with the woman.
A woman is not required to prove her need for money; the fact of pregnancy is enough. But she can present evidence of expenses - maintaining a pregnancy in a paid clinic, buying vitamins, a “dowry” for the unborn baby, etc. – to achieve larger alimony payments. She also has the right to apply for them at any time until the child reaches 3 years of age.
If a man disputes paternity and his suspicions are confirmed, the ex-wife will lose the right to alimony. In the same way, she cannot count on financial assistance from her ex-husband after remarriage. It is believed that further responsibilities for its maintenance are transferred to the new spouse, and the previous one retains obligations only in relation to the children.
Alimony for minor children
One of the basic rights of a child that must be respected after a divorce is financial support from a parent who does not live with him permanently. Therefore, such a parent is obliged to pay child support until the child reaches the age of 18.
Family law establishes that the procedure, form and amount of alimony payments to children are determined by the parents by drawing up an alimony agreement. At the same time, the parents themselves determine the moment when the collection of alimony for the maintenance of the child begins.
A child support agreement is equivalent to a document of execution; if one of the parents does not fulfill the obligations under the agreement, then the second parent has the right to apply to the judicial authorities for enforcement.
When concluding an alimony agreement, there is a payer (the parent who pays alimony) and a recipient (the parent who receives payments for the child) of alimony, as well as a child, if he is 14 years old at the time of divorce.
The law does not provide for a specific form of alimony agreement. It is necessary that the provisions of the agreement do not contradict the laws and do not violate the rights of the child.
The agreement should include the following:
- information about the payer, recipient of alimony and their minor children;
- the method, procedure and amount of money to be paid;
- term and frequency of payments;
- the amount of penalties in case of late payments;
- other conditions that are introduced by mutual agreement of the parties to the agreement.
The amount of alimony is not strictly limited for the entire period of payment. If circumstances arise that affect the financial situation of the payer, the amount may be reduced or increased.
In the absence of a child support agreement, the court independently determines the amount of payments for child support.
The size of the payment depends on the number of children for whose maintenance alimony is required.
The amount of alimony in accordance with the law is:
- 1/4 of all types of parent’s earnings, if there is one child;
- 1/3 of all types of parents’ earnings, if there are two children;
- 1/2 part of all types of parents’ earnings, if there are three or more children.
The alimony payer may petition the court to reduce the amount of alimony due to financial difficulties due to loss of work or for other valid reasons.
