the Family code and the law on bankruptcy of physical persons expect changes in connection with the consideration by the state Duma legislative innovations about the divorce process. The authors have developed a lot of changes to the procedure and also want to give greater legitimacy to the marriage contracts in Russia.
the state Duma in the first reading adopted the draft law on the concept of marital property and order partition in the divorce. If the law is passed, it will greatly simplify the sharing of assets. According to the document, the divorce will take place in one trial, and to divide all the property at once.
the Authors of the project were the deputies Pavel Krasheninnikov and Tamara Pletnev.
the novel introduces the Family code change in which the concept of marital property as the sum of all “assets” and “liabilities”, acquired by the spouses during the marriage.
is Now the property of divorcing spouses in any way is considered a single entity, but as a set of objects. Therefore, stakeholders have to attend a few meetings of the court: for the partition of real estate, money and so on. The project is proposed to divide all at once.
the Initiative also proposes to establish a rule on the division of property in the shares of the spouses for judicial partition and agreement. The draft also has a clause according to which the transactions without the consent of a spouse will be considered grounds for reducing the share in the common property.
the Project also lends greater legitimacy to “marriage contracts”. Now often, the marriage contract is later deemed invalid by a court, if its set conditions one of the spouses, their “extremely unfavorable position”.
the Initiative would also amend the law on bankruptcy of natural persons. It is proposed to introduce the possibility of joint bankruptcy marital partners having shared debt.
the Authors have proposed to introduce an “automatic” inclusion in the egrn membership information of real estate simultaneously to both spouses.
