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The lawyer warned about the risks of tougher divorces in Russia

Gilmanova's lawyer: restrictions on divorce will hit the institution of the family
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Photo: IZVESTIA/Elmira Zakirova
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In Russia, the discussion of a possible tightening of the procedure for divorce may lead to an increase in actual divorces and a decrease in interest in the institution of the family. This was stated to Izvestia on April 21 by Regina Gilmanova, head of the Family Law and Inheritance Practice at Sokolov, Trusov and Partners Law Office in Moscow, lawyer and mediator.

"If it's unbearable to stay in a marriage anymore, you have to leave it. I would really like such initiatives to be taken not on the issue of banning the dissolution of marriage, but on the issue of helping young people choose a partner, the importance of marriage and the responsibility of spouses," she stressed.

The expert recalled that the current legislation already provides for certain restrictions: according to Article 17 of the Family Code of the Russian Federation, a man cannot initiate a divorce during his wife's pregnancy and within a year after the birth of a child. At the same time, according to Gilmanova, such a rule does not violate the principle of equality of rights, since it is aimed at protecting women during the vulnerable period associated with motherhood.

At the same time, she pointed out the risks in situations of domestic violence. Despite the existing deadline for reconciliation of spouses of up to three months, such mechanisms should not be applied if it is a question of the safety of one of the spouses and children. According to her, practice shows that repeated cases of violence after reconciliation attempts often become more violent.

Gilmanova also noted that the tightening of the divorce procedure may negatively affect the statistics of marriages and divorces. According to her assessment, some citizens will postpone marriage, fearing the difficult process of its dissolution, and some couples will begin to formalize relationships abroad. In addition, the appearance of "gray" schemes is possible, including fictitious grounds for an accelerated divorce.

The expert stressed that such initiatives can lead to an increase in "forced" marriages and a deterioration of the psychological climate in families. In her opinion, public policy should be aimed not at restricting the right to divorce, but at forming an informed attitude towards marriage and family, as well as at supporting healthy relationships between spouses.

Chairman of the Federation Council Valentina Matvienko said on April 20 that the divorce procedure should not be too simple. According to her, in France and the UK, a divorce takes at least two years. In Russia, it is enough to write a statement for a divorce, even if there are several children in the family. She noted that she was not calling for stricter legislation, and stressed that the procedure needed to be made more humane.

Переведено сервисом «Яндекс Переводчик»

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