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P. v., Сн. v.
DIVORCE.
2. The existence of consanguinity, affinity, or spiritual relationship
between the parties ;
3. Either party being already married ;
4. Either party being divorced without permission to marry again ;
5. If one or both of the parties are under marriageable age, more
than 80 years old, or have already been married three times ;
6. Either party being under vows, or holding diaconal or priestly
office ;
7. If one of the parties is a non-Christian.
The grounds for divorce according to the civil laws of Russia are
as follows :—
1. Adultery.
A confession of adultery, however, is not taken into consideration
unless it is supported by convincing collateral proof.1
2. Conjugal impotence.
A petition for dissolution of marriage on this ground cannot be
brought if the impotence of either of the parties is not congenital
or is of later date than the marriage.2 Such petition cannot be
presented earlier than three years after the marriage.
3. The sentence of either of the parties to a term of punishment
involving the loss of all civil rights, or banishment to Siberia with
the deprivation of all special rights and privileges, unless the other
party is desirous of accompanying the exile voluntarily.3
In the same manner, if both parties to a marriage contract are
condemned to the forms of punishment referred to, they may petition
for the dissolution of their marriage contract and permission to
remarry in accordance with the Rules and Regulations for Transported
Convicts.4
4. Desertion.
If one or other of the parties absent himself or herself from their
common place of residence and for five years or more give no sign
of existence, the remaining party may petition his or her spiritual
superior for the dissolution of their marriage and permission to contract
a new one.5 Wives of soldiers of the lower militar}’ orders whose
husbands desert the service, or are reported missing, or are taken
prisoner by the enemy, may, after the expiration of five years, if they
fail to return, petition for the dissolution of their marriage. The
petition must be accompanied by a certificate from the police giving
the date of enlistment of the absent man and of his disappearance
and stating that he has not since been heard of. These certificates
are issued on the strength of information supplied to the police
authorities by the commanders of the various army divisions.
The unauthorised rupture of a marriage contract, without the
decision of a court of law and merely by mutual consent, is prohibited.
In Christian marriages irrespective of denomination, no
preliminary arbitrary contracts between the parties may be concluded which
1 Code of Civil Laws, Arts. 45 & 47. 2 Ibid., Art. 49. 3 Ibid., Art. 48.
4 Ibid., Art. 50. 5 Ibid., Art. 54.
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