What documents are needed for a divorce through the registry office in 2023 - list, list, package of necessary documents for divorce at the registry office

Divorce (dissolution of marriage) is possible two ways:

  • submitting an application to the registry office
  • filing a claim for divorce in court

Each of these methods has its own distinctive features. Looking ahead, let's say that divorce through the registry office is faster and easier, but this method cannot always be used. Let's consider these nuances further.

Divorce at the registry office

This method is also called “simplified”. to dissolve a marriage through the registry office if the husband and wife:

  • there is a joint desire to end the marriage relationship
  • the spouses have no minor children
  • there are no disputes about the division of joint property

Only if these conditions are met at the same time is divorce possible. The divorce procedure is carried out on a date agreed upon by the spouses. does not provide a period for reconciliation of the spouses . However, it must pass no earlier than 1 month and no later than 2 months from the date of submitting the application to the registry office.

Where and what documents to submit

Documents required for divorce:

  • joint statement of the spouses
  • passports of both spouses
  • receipt for payment of state duty for divorce

Important!

If one of the spouses cannot appear at the registry office for divorce, then an application must be submitted on behalf of the absent spouse to register the divorce in his absence. The authenticity of this application must be certified by the body (person) authorized to perform this type of action (notary, official of local executive and administrative bodies)

The amount of the state fee for divorce in the registry office is 4 basic units, i.e. 102 rubles (1 basic - 25.5 rubles). These documents are submitted to the registry office at the place of residence or stay of the spouses (or one of them).

In order for one spouse to change the surname that was before marriage, it is necessary to indicate this in the application for divorce. The marriage is considered dissolved after making a corresponding note in the passport. That's all. The procedure is really very simple.

You are now officially divorced from your spouse.

Divorce in court

If at least one of the following circumstances exists, the divorce is carried out by the court :

  • have minor children (1 or more)
  • there is a dispute about property
  • mutual agreement between the spouses regarding divorce has not been reached

When is divorce not allowed?

There are 2 cases in the event of which divorce is not allowed:

  • during the wife's pregnancy without her written consent
  • until the child reaches 3 years of age without the written consent of the other spouse with whom the child lives (if this spouse provides parental care for the child)

How to decide who the children will be with?

This issue is resolved by oral agreement of the spouses or by concluding a written agreement. If such an agreement is not reached, the court will decide with whom the child will remain, taking into account the following:

  • attachment to one parent or another
  • age of the child (upon reaching 10 years or more, the child’s opinion is asked with whom he wants to stay)
  • opportunity to provide for a child
  • who takes great care of the child
  • opinion of guardianship authorities

At the request of the court, the child’s opinion about who he wants to stay with is clarified by the guardianship and trusteeship authority or at a court hearing in the presence of a teacher. It is also determined whether the child was influenced to make the necessary decision.

Spouses' property

As a general rule, property acquired jointly during marriage is community property. In the event of a divorce, the spouses' shares of joint property acquired during marriage are equal. At the same time, by court decision, the share of one of the spouses can be increased (decreased).

Common property of spouses that is not subject to division:

  • belonging to one of the spouses before marriage, including income from its use and alienation
  • received during marriage as a gift or inheritance, including income from its use and alienation
  • personal belongings of both spouses, with the exception of jewelry and other luxury items
  • things purchased during marriage with personal funds
  • property acquired by a husband and wife after the termination of a common household
  • personal items for minor children

Interesting!

Despite the fact that the property belongs to one of the spouses, it can be recognized by the court as common joint property if it is established that investments have been made in this property that significantly increase the value of such property (reconstruction, etc.)

Filing a claim

  • A claim for divorce should be filed in court at the location of the defendant spouse.
  • Sample statement of claim:

Payment of state duty

The state duty is paid at any bank branch. You are given a receipt, which you must keep, since it is a document confirming the fact of payment of the state duty, which is necessary for submission to the court.

Attentively!

The state fee for filing a claim for divorce should be paid according to the details of the court in which you are filing the corresponding claim.

State duty amounts:

  • 4 basic values ​​- upon divorce for the first time
  • 8 basic values ​​- if a second or subsequent marriage is dissolved
  • In case of divorce from a person recognized as missing or incompetent, or with a person sentenced to imprisonment for a term of at least 3 years, the state duty will be 1 basic amount

Also:

If you make a claim for the division of jointly acquired property (together with a claim for divorce), then you will need to pay a state fee separately for this claim in the amount of 5% of the claim amount (the cost of the claim)

Documents to be submitted to court

After filling out the statement of claim for divorce and paying the state fee, you must attach the following documents:

  • copy of the claim for the defendant spouse
  • marriage certificate (original certificate)
  • copy of children's birth certificate
  • document confirming payment of state duty
  • other documents (if there is a dispute about property, etc.)
  • if a request for alimony is made - documents confirming income and their sources

Court

The collected documents must be sent to the court. It is better to do this by registered mail with acknowledgment of delivery, or take the documents with you in order to go to court yourself and take them to the office.

If you have correctly filled out the statement of claim and provided the necessary documents and there are no grounds for leaving the claim without consideration, then within 3 days your claim will be accepted for proceedings. The court gives you a period of 3 months to take measures for reconciliation.

If, after this period of time, you still want to dissolve the marriage, you will be summoned to court to begin the divorce procedure.

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Documents for divorce through court or what is needed for divorce?

Documents for divorce through the court must be collected by each of the spouses who wants to go through such a divorce procedure. In some situations, spouses simply have no choice but to petition for divorce in court.  

Where to file for divorce?

What documents are needed for a divorce through the court, including if there is a child (so-called divorce with a child), a sample application for divorce

How to file for divorce unilaterally? What do you need to file for divorce in this case?

  • Where is an application for divorce filed in court?
  • Court hearing on divorce case
  • How to file for divorce online?

Where to file for divorce?

If a decision is made to divorce, the question often arises of where to file for divorce. This can be done either through the registry office or through the court.

The first method is simpler, but it is not possible in all situations, which is why the second option is used more often when divorcing a marriage.

The corresponding application and documents for divorce through the court must be submitted directly to the judicial authorities.

As stated in the RF IC, divorce by going to court becomes a necessity for citizens in cases where:

  1. The other spouse does not want to give his consent to the divorce procedure at the registry office.
  2. The other spouse actually agrees to dissolve the marriage, but in every possible way avoids visiting the registry office to legally formalize the divorce procedure.
  3. Married citizens have a minor child.

In order to comply with all the rules established by the legislator, the spouse applying to the court must have with him all the documents necessary for divorce.

What documents are needed for a divorce through the court, including if there is a child (so-called divorce with a child), a sample application for divorce to the magistrate’s court

To file a divorce through the registry office, a small package of documents is required, but when dissolving a marriage through a court, including a peace court, you will have to collect much more paperwork. The list of documents for divorce through the court is similar to the list of documents for divorce from a child:

    1. The application, which is drawn up by the plaintiff in free form, in accordance with the requirements of the Code of Civil Procedure of the Russian Federation, must include the following data:
      • full name of the judicial authority that is the addressee of the document;
      • information about the plaintiff (his full name, place and date of birth, residential and registration address, passport details);
      • information about the defendant (his full name, place and date of birth, residential and registration address, passport details);
      • the place and time of the marriage, which should be dissolved on the basis of a court decision (in this case, it is necessary to confirm the specified information by indicating the details of the document on the marriage between the parties);
      • information about common children, details of their birth documents;
      • information about attempts to pre-trial resolve the issue of divorce and other disputes related to this procedure;
      • a complete list of documentation that was attached by the citizen who applied to the judicial authorities for divorce to the statement of claim (you can download a sample application for divorce to the court on our website).
    2. Passport of the citizen acting as the plaintiff.
    3. Receipt for payment of the state duty (see “How much does a divorce cost: state duty for divorce in 2017-2018 (court, registry office)?”).
    4. A document confirming the fact of marriage, in the original copy.
    5. Birth certificates of all common minor children of the spouses. These documents can be presented both in the form of originals and in the form of notarized copies.
    6. A certificate of family composition from the management company at the plaintiff’s place of residence, which confirms the fact that the child lives together with the spouse.
    7. Documents clarifying the amount of wages of each party (if the issue of alimony is being decided simultaneously with the divorce).
    8. A marriage contract concluded between spouses.
    9. A statement of the consent of the other spouse to divorce, which was certified by a notary. Such a paper is submitted to the judicial authorities if the defendant does not have any objections to the court dissolving his marriage with the plaintiff. As a rule, in the application the spouse acting as the defendant indicates:
      • your full name;
      • date of birth;
      • Place of Birth;
      • location;
      • consent to divorce;
      • information about the place and time of marriage;
      • details of the marriage document;
      • number of the entry on the marriage union made in the registration documents;
      • information about the second spouse;
      • information about the existence of property claims against the spouse;
      • date of document preparation;
      • personal signature.
    10. Documentation of property owned by the plaintiff (see “How is property divided during a divorce? How are loans divided during a divorce?”). It is accepted by the court in cases where, along with the application for divorce, the plaintiff puts forward an additional application containing any property claims in relation to the defendant, including a requirement for his obligation to pay alimony.
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“What happens if the husband doesn’t come to court? Will we be divorced? Answer→

How to file for divorce unilaterally? What do you need to file for divorce in this case?

For one reason or another, situations arise when one of the spouses decides to dissolve the marriage unilaterally? The legislation of the Russian Federation, in particular the Family Code (Article 18), does not deprive citizens of this opportunity, provided they comply with the established requirements. You can do this in two ways:

  • out of court;
  • judicially.

In the first case, a unilateral divorce is possible only in strictly defined cases by law: when the second spouse is recognized as missing, deprived of his legal capacity, or sentenced to actual imprisonment for longer than 3 years.

“Is it possible to get a divorce in the registry office and divide the property in court?” Answer→

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If the spouses are unable to resolve the problem peacefully, it is resolved in court. In Art. 17 of the Family Code states that divorce will not take place only if the pregnant woman does not consent to it or if the family has a child under one year of age.

If there is a notarized application from the absent spouse, a unilateral divorce is also possible through the registry office. It is also possible if the second spouse is sentenced to real imprisonment for a term exceeding 3 years, is declared missing or is incompetent.

After the judicial authorities accept the application, the plaintiff will receive a document scheduling a court hearing. At the same time, the plaintiff should remember that the decision on divorce is made by the court within 1 month from the date of filing the relevant application.

Where is an application for divorce filed in court?

According to the Code of Civil Procedure of the Russian Federation, a citizen acting as a plaintiff has the right to file an application with the court of the appropriate instance, which is located at the place of residence of the spouses or one of them. In many cases, the deciding factor is the place of residence of the couple's minor child.

So, if he lives with the plaintiff, the citizen has the right to file a claim with the court at his place of residence. In this case, the place of residence of the spouses’ common child under 18 years of age is certified by a certificate from the house register received by the applicant.

“How much does it cost to file for divorce in court?” Answer→

Court hearing on divorce case

Download a sample statement of claim for divorce

Divorce without mutual consent

A trial in a divorce case is scheduled on the basis of a statement of claim filed in accordance with the procedure established by law. The court may make a decision to dissolve a marriage if further marriage relations between citizens are impossible.

At the same time, government bodies have the right to take a number of conciliatory measures aimed at restoring the marriage so that citizens refuse divorce. In such cases, the proceedings may be postponed.

The maximum period during which spouses can refuse to divorce should not exceed 3 months.

If all the measures taken to reconcile the spouses do not bring the desired results, the court will dissolve the marriage.

Divorce by common consent

If each of them agrees to dissolve the marriage relationship, the court decides to divorce the parties. In this case, the decision is made without clarifying the reasons for the divorce. Citizens can submit an agreement regarding children to the court; if such a document has not been drawn up, then the court independently takes measures to protect the interests of the children.

The children's agreement usually contains information about:

  • with whom the child will live;
  • what is the procedure and amount of alimony paid for child support;
  • what are the conditions for dividing property?

Registration of divorce

After the court makes a final decision on the parties' divorce, it must be registered in the registry office. The court sends an extract from the relevant decision to the state bodies that register the marriage of citizens no later than 3 days from the date of its entry into force.

After the registration authorities register the divorce, citizens are issued a certificate of divorce. Until it is received, persons cannot enter into a new marriage relationship.

Thus, to begin the divorce procedure, the initiating spouse needs to collect a package of documents, draw up an application and submit all documentation to the court for consideration. The final decision of the judicial authorities that accepted the documents from the plaintiff depends on the correctness of filling out the application, the completeness and reliability of the information provided.

Download a sample settlement agreement

How to file for divorce online?

Recently, you can file for divorce via the Internet, and this service is already quite in demand.

In this case, it is enough to visit the government services portal: here you can submit an application directly to the registry office, provided that there are no joint minor children and property claims on the part of one of the spouses. In all other cases, an online application is submitted to the courts.

As for the state duty, here you can either pay it in a way convenient for you (electronic currency or bank card) or print a receipt for its payment.

The main advantage of this application option is that you will be able to significantly reduce time costs and save your nerves, since you will not have to stand in huge queues.

Divorce documents

Divorce as a legally significant action is carried out subject to the provision of a certain package of documents by the spouses. Since different life situations require applying for divorce to different government authorities, the list of necessary documents in each specific case may differ .

For example, in the registry office, a marriage can be dissolved either by mutual consent or unilaterally.

When divorcing in court (for example, if it is a family with a child), questions often arise as to which court should be filed with a claim for divorce.

It is important to take into account that if the spouses present other (additional) demands in addition to the divorce, it will be necessary to collect a number of additional documents.

Divorce documents through the registry office

To dissolve a marriage in the registry office (and this is the fastest and easiest procedure), it is necessary that the spouses:

  • there was mutual agreement to divorce;
  • there were no common minor children.

In practice, it is usually clear to everyone when a child is common : both spouses are listed as his parents in the registry office’s birth book and, therefore, are indicated on his birth certificate. In addition, adopted children - both by both spouses and by one of them (provided that the second spouse is already the parent of this child).

Documents for divorce through the registry office:

  1. original passports of husband and wife;
  2. original receipt of payment of the state duty for divorce (650 rubles for each spouse);
  3. original marriage certificate;
  4. joint application for divorce ( form No. 8 , approved by Decree of the Government of the Russian Federation of October 31, 1998 No. 1274).

To submit an application, the husband and wife must come together to the registry office or to the multifunctional center (MFC) for the provision of state and municipal services.

If one of the spouses is unable to appear in person, he can independently fill out a separate application using the form presented above and have it certified by a notary.

A month from the date of filing the documents, the spouses return to the registry office for the final stage and receive a divorce certificate.

The number of trips to the registry office can be reduced to one if you submit an application for divorce online through the State Services website. It will also be possible to pay the state fee there (until 01/01/2022 this can be done with a 30% discount ). After this, on the appointed day you will need to appear at the registry office to sign the application and complete the divorce procedure.

What is needed for a unilateral divorce?

In exceptional situations, divorce through the registry office is allowed on the initiative of only one spouse

What documents are needed for divorce

Divorce is a process accompanied by some bureaucratic procedures. You can’t just go ahead and start living separately. For an official divorce, a lot of certificates and papers are required. The situation is further complicated by the fact that many simply do not know what documents are needed for a divorce.

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Divorce occurs on the basis of various legislative acts:

  • Civil Code of the Russian Federation:
    • Art. 256 describes the co-ownership regime;
    • Art. 17, 18, 21 and 29 talk about the legal capacity and incapacity of a citizen (the number and exact list of documents for divorce depend on this);
    • Article 47 contains a list of civil status acts;
  • RF IC (chapter 4):
    • Art. 16 describes the grounds for divorce;
    • Art. 18 tells where you can go to get an official divorce;
    • Art. 19 contains information about cases of divorce in the registry office;
    • in Art. 25 talks about at what point the legal dissolution of marriage occurs;
    • Art. 26 describes the possibility of restoring the marriage;
    • Art. 38 and 39 explain the fate of jointly acquired property;
    • in Art. 55 talks about the nuances of divorce with children;
  • Tax Code of the Russian Federation:
    • Art. 333 approves the amount of state fees for divorce:
      • 650 rub. from each spouse, if :
        • litigation initiated;
        • the husband and wife have no children and they both want to get a divorce and do not have any claims against each other;
      • 350 rub. upon unilateral termination.

These laws tell you what documents are needed for a divorce in a particular case, and also describe the nuances of the divorce procedure.

What documents are needed for divorce through the registry office?

Based on Art. 19 IC spouses can divorce through the registry office if:

  • there is official and voluntary consent of husband and wife;
  • they do not have children who have not reached adulthood;
  • there is a court decision regarding the missing spouse;
  • one of the spouses is completely incapacitated;
  • one of the spouses is serving a criminal sentence of more than 3 years in prison.

In other countries, the functions of civil registry offices for Russian citizens wishing to get a divorce are performed by consulates and diplomatic institutions. Russians who do not have common children or jointly acquired property can file for divorce there.

Standard documents for divorce

If the spouses do not have property and “children” disputes, then the following documents for divorce must be submitted to the registry office:

  • application in form No. 8 indicating:
    • FULL NAME;
    • marriage certificate data and passport details;
    • Full name acquired by spouses after divorce;
    • details of the government agency;
  • Marriage certificate;
  • passport;
  • canceled state duty receipt (in the original).
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The application is recognized as a key basis for divorce. The document must be submitted to the registry office based on the registration of the husband (wife) or at the place where the marriage was registered. The application and other documents required for divorce must be strictly unified. This requirement is regulated by:

  • Order of the Ministry of Justice No. 142;
  • 143-FZ;
  • Government Decree No. 1274.

If one of the spouses cannot personally file documents for divorce, he has the right to draw up a power of attorney to represent his interests and have it certified by a notary.

What is needed for a divorce if the spouse is in prison

If one of the spouses is serving a sentence of imprisonment for more than 3 years (and there are no mutual property claims), then the second can file a divorce without his presence according to a simplified scheme.

To do this, in addition to an application (from one spouse!), a passport, a marriage certificate and a canceled state duty receipt, you will need to bring to the registry office an official copy of the court verdict in the criminal case of interest, certified by a seal and having all the necessary points about the entry into legal force of the document and the signature of the judge. In this case, the spouse files an application for divorce according to handicap No. 9.

After receiving the documents, the registry office officially notifies the prisoner of the initiated procedure so that he indicates the surname that he intends to bear after the divorce. Usually this is given a month. In this case, the prisoner's permission to terminate the marriage is not required.

If the husband or wife is imprisoned for a period of less than 3 years, then the divorce process follows a standard, not a simplified, scenario.

According to the usual procedure, divorce will take place if the marriage took place in prison, i.e. the prisoner's husband was initially aware of the nuances of the trial.

A simplified divorce procedure can only apply if the second spouse receives another term of more than 3 years.

If a husband and wife own common property and cannot formalize its division peacefully, then the divorce will occur through the court.

What documents are needed for a divorce from a missing spouse?

A citizen is considered missing if:

  • there is no information about his whereabouts for 12 months;
  • search activities initiated by law enforcement agencies did not help find the person.

Based on the application and the results of the search activities, the court makes an official decision to recognize the wanted person as missing. The spouse who initiated the proceedings should include this paper in the package of documents for divorce and take it to the registry office. Until the court issues an appropriate decision, the divorce proceeds according to the standard scheme.

What documents are needed when divorcing an incapacitated person?

Divorce of a marriage with an incapacitated person can occur unilaterally. The legislative basis for initiating divorce proceedings is an application from the wife or husband of an incapacitated person (incapacitated), submitted to the registry office. Also, in addition to standard documents, you will need to provide a court decision officially recognizing the spouse as incompetent.

At the same time, all controversial issues that concern jointly acquired property and common children are resolved with the guardian of the incapacitated spouse or the guardianship and trusteeship authorities, who make a response demand for the size of the share of their ward. In the event of disputes over the division of property, the divorce process is considered by a district judge, and a guardian or an employee of the AOiP becomes the representative of the incapacitated party.

Divorce through the MFC and the public services portal

Recently, Russians can submit documents to initiate divorce proceedings through territorial branches of a network of multifunctional centers or a government services portal.

This may save time, but the filing order and list of papers remain the same. The above organizations can only perform the functions of a registry office in case of divorce. If a trial is required, then it will not be possible to file a divorce either through multifunctional centers or through the government services website.

What documents are needed for a divorce through court for both parties?

Divorce proceedings in the Russian Federation are carried out through the court if:

  • the spouses have a common child who is under 18 years of age;
  • there are pronounced property disputes between married people;
  • one of the parties evades administrative registration of the divorce through the registry office;
  • the husband or wife does not want to get a divorce.

Most often, divorce proceedings are conducted in district courts according to the defendant’s registration (or at his last location known to the spouse). At the place of residence of the person filing the claim, you can file for divorce if:

  • the plaintiff has minor children (it doesn’t matter: infants or teenagers);
  • the plaintiff is seriously ill and cannot physically go to court, which is convenient for the defendant.

Documents for filing for divorce if there are children

The plaintiff must submit the following certificates and papers to the court:

  • a statement of claim drawn up in triplicate, in which it is necessary to indicate the circumstances of the request for divorce and documentary evidence of these circumstances (for example, if the husband beat his wife, then this could be certificates from the emergency room);
  • certificates about:
    • birth of children (minors!);
    • marriage between the defendant and the plaintiff;
  • an extract from the house register;
  • passport;
  • a document on agreements on the upbringing and maintenance of the child (if the spouses were able to agree peacefully);
  • canceled state duty receipt;

You can also attach to the documentation package any certificates and papers that may be relevant (in the opinion of the plaintiff). For example, these could be:

  • income certificates (needed to determine the amount of alimony);
  • written consent of the child to live with one of the parents (required in extreme cases);
  • certificates confirming the child’s disability and existing chronic diseases (if any);
  • documents about the existing property suitable for living;
  • certificates from children's educational institutions.

What documents are needed for a divorce in court in case of property disputes?

Hearings on divorce proceedings are held in district courts with a claim price of 50 thousand rubles. The plaintiff files in the district or magistrate court:

  • All-Russian passport;
  • claims for:
    • division of property;
    • divorce;
  • marriage certificate between the plaintiff and the defendant;
  • receipt for state duty;
  • settlement agreement on the division of common property (if any);
  • extracts from outpatient records on the health status of the husband or wife certified by the head physician (sometimes the court may accommodate a husband or wife who, after a divorce, will not be able to provide for themselves due to some illness);
  • certificates from social security authorities.

Circumstances under which it will not be possible to get a divorce through the court

There are two conditions under which a marriage may not be dissolved. To do this, the defendant must provide the following documents:

  • certificate of pregnancy with a common child;
  • birth certificates of children under 1 year of age.

What documents are needed for a divorce from a foreigner?

Divorce from a foreigner is no different from a divorce from a Russian if a citizen of another state is officially or unofficially located on the territory of the Russian Federation. Certain nuances exist if the foreign spouse lives in his home country and does not intend to come to Russia to submit an application.

Necessary documents for divorce from a foreign citizen through the registry office

Divorce from a citizen of another state in the Russian registry office is legal if the spouse can be officially recognized as missing. This is possible if the foreigner is not at the place of registration and his relatives do not know where he is. In this case, divorce occurs according to the traditional scheme.

If the location of a foreigner is known, and he does not mind getting a divorce, but does not want to come to Russia, he can personally draw up an application (in the official language of his country) for divorce and personally submit it to the Russian diplomatic mission or consulate in his country.

Documents for divorce through court from a foreigner living outside of Russia

If a foreigner does not live on the territory of the Russian Federation, then a divorce petition can be filed with the court at the address of his last registration in Russia, indicating that the defendant’s travel for permanent residence is impossible (or the place of residence is unknown).

Also, the foreign citizen must be sent a notice of the initiation of divorce proceedings.

To begin legal proceedings without the presence of a citizen of another country, the court will require written confirmation that the spouse has received notice of the divorce and simply does not appear at the hearing.

Also, divorce is possible if a foreigner prepares the following documents:

  • a power of attorney to represent one’s interests in court to one of one’s acquaintances living in the Russian Federation;
  • a notarized petition to carry out the divorce procedure without his participation.

What documents are needed to divorce a marriage that was concluded in another country?

If the marriage was concluded outside the Russian Federation, but legalized in Russia, then the divorce process follows a standard scheme typical for marriages registered in domestic registry offices. In this case, the following will be considered evidence:

  • documents on marital status issued in a foreign country, with an apostille at the consulate or embassy, ​​if the wedding took place in countries that operate within the framework of the Hague Convention;
  • consular legalized marriage document, if we are talking about a state that is not party to the Hague Convention.

If the marriage has not been legalized on the territory of the Russian Federation, then it does not need to be dissolved, because it has no legal force under Russian law and does not entail any legal consequences. Spouses (regardless of their citizenship) in the Russian Federation will be considered unmarried.

Result

Regardless of the nuances of the divorce process, after all procedures are completed, the ex-husband and wife are issued a divorce certificate, and Russians are given the appropriate notes in their all-Russian passports.

The exact list of documents for divorce is determined individually. Often, when dissolving a marriage through the court, during the consideration of the case, additional certificates and official papers may be required.

How to file for divorce in Ukraine 2023?

Such stories rarely end well, and often everything goes very far. The process of divorce itself can be quite long, but how to file for divorce and, in general, how to get a divorce without problems and legal battles, you can read on our website or consult with the registry office employees.

Reasons and motives for divorces in Ukraine

An application for divorce is the last straw in the life of families who want to go their separate ways on different sides of life, and there can be a huge number of reasons for this:

  • treason;
  • undeveloped sense of duty and care;
  • focus on individuality and singularity;
  • problems with money and various addictions: slot machines, betting and others.

Divorce can also be predetermined by various motives that often lead to an application for divorce.

The main ones can be identified as follows:

  1. disagreements in everything - interests, views, which lead to alienation and the gradual collapse of the family;
  2. One of the popular motives, often used by married couples themselves, is the incompatibility of characters. In marriage, many people notice that a person can change for the worse and become petty, dishonest, unbalanced and aggressive;
  3. interference in the relationships of parents and relatives;
  4. dissatisfaction with intimate life can also act as a good motive for divorce;
  5. violence, drug addiction, alcoholism;
  6. low standard of living
  7. reluctance to have children.
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This list can go on and on, but basically such motives often end with an application for divorce and an attempt to find something better in life.

This section will talk about how to file for divorce at the nearest or suitable registry office, where, once the decision is finally made, you should immediately make an appointment for a certain time - an appointment with an inspector. At the moment, in many large cities of Ukraine you can sign up through an online service (website), which greatly simplifies and saves time.

You should fill out everything in the form correctly, select a convenient time and select the registry office office that corresponds to the registration of one of the spouses. The current list of all civil registry offices can be viewed on the official website of the state registration service.

However, you can’t just bring divorce papers, wait a little and get what you want. First, you need to take into account some features of the entire process, and then, having clarified what documents are needed for a divorce, decide on the following details:

  1. the presence of consent of both to voluntarily break off the relationship;
  2. the presence of children complicates the process somewhat, because even with full consent to the divorce, the case will be taken to court. If the children are not married or have reached the age of majority, everything will be relatively simple and will be limited to resolving this issue in the registry office;
  3. if there are missing and incapacitated people, the registry office inspector can accept the application for divorce.

Many people consider it inappropriate to submit an application before the issues of division of property and other details have been resolved, but this is not so - if there is agreement of both parties, then all organizational issues can be resolved after the divorce process or during it.

However, this also has its own nuances; it is best to carefully consider all the details before filing a divorce, since after it you can get rid of the opportunity to peacefully resolve any problems that will subsequently have to be disputed in court, which will additionally cause damage to the nervous system and financial costs.

So, if all the additional features and details have been decided and the time has been set, you should appear at the registry office accurately and without delay and be sure to have the following documents with you for divorce:

  1. passports;
  2. identification codes;
  3. marriage registration certificate.

No further additional documents are required, except in the event that one of the spouses cannot appear to submit. Here it is necessary to have the signature of the application certified by a notary, and the second spouse will provide it to the inspector. When resolving the issue through the court, the following is added to the main list of documents for divorce:

  • copies of the birth certificate of the child or all joint children;
  • income certificate;
  • military ID;
  • agreement on living conditions for children.

The divorce procedure in Ukraine is as follows. In total, the application for divorce includes two parts - one for each side, and you do not need to fill out anything yourself, because the inspector does everything based on documents. After which he prints it out and gives it to each party for verification and personal signature.

You definitely need to double-check everything to avoid errors or typos, and also check all the data from the documents. This information will be contained in the divorce certificate, and errors will not be tolerated in the official document.

Replacing this document with the correct one may take even longer than the entire divorce process, so first of all, before signing, you need to double-check everything thoroughly.

Types of divorces in Ukraine

Divorce proceedings in Ukraine are a complex process of termination and severance of family relationships, which is divided into the following main types:

  1. actual - involves the termination of relations, but without actual and official confirmation. That is, spouses may not have the time or desire to deal with paperwork, go to the registry office, or are simply unsure of their decision and hope to resume a wonderful time together. With this course of events, there may be disagreements regarding significant purchases that are expensive. When officially dissolving a marriage, the court will be able to take into account that, despite the fact that the couple did not live together, the common household was carried on by both spouses, with the possible proof of several witnesses;
  2. economic – property relations exist in every marriage, because the family involves the income and acquisitions of both spouses. All financial flows form a single family budget, which is spent for the common good or for specific purposes. The only thing that cannot be divided is gifts or inheritance, and for the rest there has long been a marriage contract that will help regulate the property regime. Also, with the help of the law, you can achieve child support, even without official divorce proceedings;
  3. legal - involves the end of family relationships with documentary evidence signed by both parties. Options for resolving the issue of divorce in Ukraine are possible through the court or the registry office, and everything depends on disputes over joint property and the presence of minor children. If spouses have children together who have not reached the age of majority, then such divorce proceedings will necessarily be resolved in court, regardless of the consent and desire of the initiators of the divorce themselves. It is also unacceptable to consider without the obligatory consent of the pregnant woman, and until the child reaches the age of three, the husband is obliged to provide financial support to him and his ex-wife.

Sample application for divorce (download)

A sample application for divorce is located on information stands in any court, and should also be posted in the registry offices.

They may change a little every year, but not quite significantly and radically, so it is best to immediately clarify and choose the necessary option in order to avoid some problems or confusion.

But if you don’t have time to go to the registry office, then we provide you with a general sample application for divorce, which you can download.

  • The sample contains all the information necessary for the civil registry office inspector and the court, which must be filled out correctly without omissions or concealment of information.
  • DOWNLOAD SAMPLE APPLICATION FOR DIVORCE
  • Now let's find out how much a divorce costs in Ukraine in 2023.
  • Directly at the reception, the registry office employee will draw up and issue a receipt with all the necessary details for paying for the divorce procedure, and there is no connection to a specific bank, but it is possible to pay in any convenient and profitable one, or perhaps even the nearest one.

If the divorce process is simple and will be carried out through the registry office, then this will not be a costly process and, according to the Decree of the Cabinet of Ministers “On State Duty”, the registration itself costs 8 hryvnia and 50 kopecks.

To this we should also add the drawing up of a statement by a civil registry office inspector, that in different cities and regions of Ukraine the cost is different, and using the example of the capital - Kiev, we can say that even within the territory of one city the cost can change, albeit slightly - 22-24 hryvnia .

Therefore, the amount comes out to about 30-32 hryvnia. Apart from these, there should be no other receipts and you do not need to pay anything else.

How much does a divorce in Ukraine cost in court? This will cost much more and consists of the following basic services:

  1. the court fee, which was previously called the state fee, must be paid immediately before going to court, and its size is 0.4 of the 2023 minimum subsistence level - 768.40 UAH, which is 65 UAH more expensive than last year;
  2. lawyer services - in Ukraine, since December 1, 2018, lawyers cannot represent the interests of spouses, and this right was granted exclusively to lawyers.

Lawyers may have different qualifications and experience, with corresponding costs for services. Therefore, when applying, you should decide for yourself what is important - to save the budget and save on the representing party or to involve an experienced specialist who will adequately protect the interests.

The procedure for divorce in Ukraine

Now let's discuss the divorce procedure. After both applications for divorce have been written and signed and the necessary receipts have been paid, the registry office inspector sets a date and time for the next meeting, which will be intended to carry out the final stage - divorce.

A month is allocated for it from the date of registration and submission of the application. This period has been considered a standard for a long time and is provided for reflection and precise conviction of one’s intentions.

In rare cases, people change their minds and withdraw their applications, but divorce still happens much more often, and a month's deadline solves absolutely nothing.

If one party cannot guarantee presence at registration, the registry office inspector should be informed and warned, and also draw up a statement of consent to termination in the absence of the other party.

If both spouses cannot be present, then an application to transfer registration is drawn up, and the divorce procedure cannot be officially formalized a year or more from the moment the application was submitted.

Registration is a relatively short process and usually does not take more than 15-30 minutes. The spouses arrive at the appointed time accurately and without delay, carrying with them a marriage registration certificate and, of course, passports. The divorce procedure itself in Ukraine consists of the following processes:

  1. drawing up an act record by the inspector, which is printed and given to the former couple for signing;
  2. after this, one copy of the certificate of termination is issued, with the signatures of the head of the registry office and seals;
  3. in passports, a stamp or mark indicating the official divorce is placed on the relevant pages;
  4. the surname can be changed after the official graduation, if this was indicated in the application. The registry office employee will put a stamp indicating a replacement within one month;
  5. At this point, the process is over and the marriage is considered officially dissolved immediately from the day the application is registered in the registry office.

When resolving the issue through the court, everything will not be so fast, and depends on the mood of the spouses and their desire to win back the majority of the property acquired together.

Conclusion

Divorce in Ukraine is not an easy matter in terms of morality and is quite difficult due to disputes and clarification of relations regarding various property. In this article, we looked at the sequence of the entire process, and also clarified what documents are needed for a divorce.

All cases of termination are unique in their own way and require detailed legal analysis to minimize risks, and standard cases often proceed without unnecessary proceedings and in a calm manner.

What documents are needed for a divorce through the registry office in 2023 - list, list, package of necessary documents for divorce at the registry office Link to main publication
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