The key facts
- The restriction under Article 17 of the Family Code applies during the wife's pregnancy and for a year after childbirth, including cases of stillbirth or the child's death before the age of one
- During this period, divorce is possible only with the wife's consent, notarized or confirmed at a court hearing
- A woman on maternity leave may claim alimony for her own maintenance until the child turns three, provided the marriage was official
Ban on unilateral divorce
A man may not divorce his pregnant wife without her consent, and this ban remains in force for another year after the child's birth — even if the baby was stillborn or died before their first birthday. Lawyer and head of the Barykin and Partners company spoke about this in a comment to Life.ru Igor Barykin. The practical meaning of the rule is that during this period the decision to divorce cannot be imposed on a woman unilaterally: without her consent the court simply will not accept the husband's claim, and if the petition has already been accepted, it will terminate the proceedings. Once the circumstances provided for by Article 17 of the Family Code cease to exist, the man will be able to apply to the court again.
What the law says
According to Barykin, Article 16 of the Family Code of the Russian Federation provides several grounds for the termination of a marriage: the death of one of the spouses or a court's declaration of them dead, a change to the civil status record due to gender reassignment, and dissolution at the request of one or both spouses. A divorce may also be initiated by the guardian of a person declared legally incapacitated by a court; the procedure is carried out through the civil registry office or in court, depending on the circumstances. 'Article 17 of the Family Code restricts the husband's right to initiate proceedings for the dissolution of the marriage during the wife's pregnancy and for a year after the child's birth,' the lawyer explained. He substantiated the broad interpretation of this restriction with Resolution No. 15 of the Plenum of the Supreme Court of the Russian Federation dated November 5, 1998: it extends the ban to cases where a stillborn child is born or the child dies before the age of one.
When divorce is still possible
A marriage can be dissolved during pregnancy if the woman consents. Barykin noted that such consent can be notarized or confirmed directly at a court hearing: 'It is important that the consent be expressed in a form that allows the court to reliably establish its existence.' Once the child turns one, the restriction no longer applies, and the man will be able to file for divorce without his wife's consent. At the same time, as a general rule, the presence of a common minor child still requires dissolving the marriage through the courts.
Rights of a woman on maternity leave
In addition to the topic of divorce, Life.ru previously reported on financial guarantees for mothers: a woman on maternity leave is entitled to claim alimony not only for the child but also for her own maintenance, even after a divorce. This right remains until the common child turns three; a mandatory condition is that the parents must have been officially married. Payments for the mother's maintenance are set at a fixed monetary amount, and their size depends on the financial and family circumstances of the parties; if no agreement is reached, the funds can be recovered through the courts. A pregnant woman is also entitled to maintenance from her former spouse if the pregnancy occurred during the registered marriage.
