Can and how to apply for divorce without a marriage certificate

Divorce is the official dissolution of a union between a man and a woman as a result of an application to the civil registry office or to a court; there are often situations in which one of the spouses does not want to separate and obstruct the event in various ways.

In this case, the dissenting party refuses to submit a divorce document, so many are interested in the question of whether a divorce can be divorced without a marriage certificate? This procedure is possible under certain conditions and requires other documents confirming the conclusion of the marriage.

Importance of a marriage certificate

At the time of marriage, the spouses were given a document showing the legality of the procedure.Paper is the official confirmation of the union and is necessary for divorce.

• In the absence of a certificate to restore it, it is necessary to contact the civil service office and write a statement about its loss.
• The importance of the marriage certificate lies in the fact that the document is official proof of the fact that the marriage has been concluded and proves the legality of the proceedings.
• Evidence of a registered marriage must also be provided in the event of a divorce.

It matters!If there is no marriage certificate, how to file for divorce depends on compliance with the procedure for a duplicate document or the preparation of an application for judicial review.

How to Divorce Without a Marriage Certificate

Before determining whether a divorce requires a marriage certificate, consideration should be given to how to deal with different circumstances.The dissolution of the union in the civil service office shall be effected in such cases:

• The mutual consent of both spouses and the presence of common adult children (over 18 years of age);
• The husband ' s imprisonment (the procedure is carried out without the husband ' s consent);
• A spouse ' s incapacity as recognized by the court;
• The fact that a missing person (husband) has been missing for a long time.

In the event of other situations, the divorce procedure is conducted.During the trial:

The above reasons suggest that there is no voluntary agreement between both spouses, so there is often moderate concealment of the marriage certificate by the other party.

At the same time, current legislation provides for ways to address this issue:

Re-establishment of the marriage certificate by civil registration number at the civil registry office(in the preparation of the application by both spouses);

• To obtain a certificate from the Marriage Departmentin which the marriage was registered, this procedure for the re-establishment of the document is necessary if the civil record number is lost or unknown;
• Resumption of the certificate through the courtis the case where the party in question does not consent to the divorce and moderately fails to provide the necessary documents.

Divorce procedure without a marriage certificate

If the spouses agree with each other and there are no other circumstances, the appeal shall be brought before the Magistrate ' s Court.

The decision shall be taken within 30 days of the submission of the documents.

The existence of claims between the two parties implies the filing of an application with the District Division of the Court, which, after reviewing all the documents submitted, deals with the division of property and the residence of minor children.

When a marriage is dissolved, the following list of documents must be submitted:

• A correct statement of claim stating the circumstances of the loss of the certificate or description of another reason;
• Identification of both parties (passport with mutual consent);
• A report on the size of the family;
• The original or duplicate of the marriage certificate;
• Existence of a receipt for payment of a duty imposed by the State.

It matters!If you do not have a marriage certificate, and the husband has reasonably hidden all the documents and does not want to give his consent, this procedure is permitted in court by filing an application with a detailed description of the situation.

Model statement of claim for loss of marriage certificate

After careful consideration of how to file for divorce if there is no marriage certificate, attention should be paid to the drafting of a claim at the loss or moderate concealment of the document.

A number of particulars need to be specified when filling in the document:

• Address information of the court ' s branch in the upper right corner of the sheet;
• An indication of the initials and precise addresses of the plaintiff and defendant;
• The title of the document (the declaration of dissolution of the marriage) is placed in the middle of the sheet;
• Detailed information on marriage (date of registration, data on the spouse);
• A description of the reasons for the divorce and possible claims for the division of property or maintenance of common children (in the absence of a claim, this fact should also be written in a document);
• An indication of the individual circumstances (loss of the marriage certificate or moderate concealment of the document by the dissenting party);
• Provision of a legislative framework on the basis that divorce proceedings are possible;
• Reference to the list of attached documents which are necessary for the implementation of the procedure;
• Establishment of a handwritten signature, deciphering the initials and the date of completion of the document.

Whether to apply for a divorce without a marriage certificate depends on the reason for the lack of a document, since if there is good evidence, the court will help to expedite the divorce process.

It matters!An indication of the reasons for the lack of evidence in the statement of claim can significantly speed up the procedure, as the court in the case requires the civil service office to issue a duplicate document in a short period of time!

In order to restore the marriage certificate as usual, a passport, a fee receipt and a statement of confirmation from the two parties must be submitted to the Region Office of the Civil Registry.After consideration of the application, a duplicate document with a new certificate number shall be issued.

A duplicate of a marriage certificate may also be obtained by third parties:

• Children of disabled or deceased parents;
• Official guardians of persons with disabilities and persons with disabilities;
• Representatives with a formal power of attorney.

Conclusion

A divorce in the absence of a document significantly delayed the procedure but did not cancel the divorce process; all the circumstances of the case had to be examined and the most appropriate solution chosen to resolve the problem had to be found quickly.

Divorce without a marriage certificate: How to obtain a divorce

• Application for divorce;
• Passports on both sides;
• Marriage certificate;
• a confirmation of payment of the mistress.

This set may vary depending on the particular case of divorce.For example, family documentation, birth certificates or information on the division of property may be added.Other points need to be addressed:

• Certain papers must be submitted in the original and others may be copied;
• In the case of divorce in court, evidence not specified in the standard list may be requested.

An important document in divorce is a marriage certificate, which is required to be made available to any divorce authority, and in the case of packages of documents that differ slightly from one another (depending on the type of divorce), a marriage certificate must be provided in its original form.

There are often situations where there is no marriage certificate, and there are different reasons for this, and the question of how to divorce a marriage without a certificate and whether copies can be used is relevant to many.

Before answering these questions, however, it is necessary to consider basic information on the types of divorce, the list of documents for each type and the rules for submitting them to the relevant authorities.

How to Divorce: Ways

In which cases the process takes place in the registry:

• If the spouses do not wish to live together without children, or if their children have reached the age of 18;
• When the second spouse is in detention, when his whereabouts are unknown or he is incapable.

Divorce must be performed through a court of law:

• If one of the families does not consent to the divorce;
• If disputes arise over the division of property;
• Where there are small children in the family;
• In disputes over the child ' s place of residence.

The court does not delay even if the children are present if the spouses have reached agreement in all respects.

Package of documents and the manner in which they are submitted in the case of divorce in the registry

The dissolution of a marriage through the civil registry is the simplest and fastest; accordingly, the package is to be collected as a minimum; it consists of the following documents:

• Statement;
• Passports;
• Original marriage certificate;
• a confirmation of payment of the mistress.

In order to save time for paperwork, it is better to know in advance the order in which the required paper is submitted to the relevant authorities.

• All papers are submitted and signed by each of the spouses in person; in the event that one person cannot be present at the filing of documents for a valid reason, he or she shall provide a notary ' s certified statement where he or she asks for them to be received.
• If one of the spouses is in prison, his or her consent must be obtained in writing, certified by the prison authorities.
• It is convenient to file documents online. A special form is being completed and the necessary data entered. You can go to the registry office at a convenient time and bring the originals, not copies, and sign the statement.

List of documents and their filing in court

The list of court papers will be somewhat larger:

• The application shall be made by both spouses with mutual consent and shall not be completed in detail; in the event of the absence of the consent of one partner, the other shall draw up a declaration detailing the reasons for the dissolution of the marriage.
• The passports of both spouses or one of them, if the other does not agree to the divorce, must be in the originals.
• Birth certificates are provided, copies can be made available and must be certified by a notary.
• Family profile.
• Original marriage certificate.
• Confirmation of the payment of the mistress.

As you can see, more paperwork needs to be collected, and in both cases a certificate is required in the original, copies are not accepted in the registry or in court, so we've come up with the question of how to act on people who don't have the original marriage certificate in their hands.

How to Divorce Without a Certificate

It is not unusual for a person who wishes to separate from another person to have an original marriage certificate; it may be lost or simply concealed by one of the spouses who does not want to separate.

And all the organizations involved in divorce require original copies. In any case, the original will have to be restored, the copies won't fit. There are several situations that often arise in life without this paper:

Both spouses agree to divorce

Another situation where both agree to divorce, but no one remembers the number of the record and date; then a second certificate will be required before a joint application is filed, and an application for the issuance of an important document is also made, and it is mandatory for the civil registry where the union was registered.

One of the spouses against divorce

If one of the two parties does not agree to an end of the relationship, the court must take the matter to his place of residence, and write down a statement of claim, stating that the paper is lost or does not want to be given by one of the spouses.

Can you apply for a divorce without a marriage certificate, an application?

The dissolution of a marriage requires the provision of a declaration and a limited list of documents, each of which is provided for by law; the expansion of the list is not foreseen; however, the parties may lose one of them; and consider whether it is possible to file for divorce without a marriage certificate.

What do you want to do?

On the date of the conclusion of the marriage, the parties shall receive a document confirming the registration of the marriage and the information on the marriage shall be entered into the spouses ' civil passports; thus, a citizen may prove not only the family status but also the change of family name.

The absence of a registration document for a union may give rise to a number of problems for each of the spouses, the main reasons being:

• Destruction;
• Loss;
• The second spouse's detention.

Destruction is defined as the receipt of a form of damage which cannot be accepted by the official authorities; it is also possible to cause local errors, which are called damage; in any case, once the damage has been sustained, the document cannot be used for its intended purpose.

Loss means loss or theft.

The marriage certificate is usually held by one of the spouses, who may obstruct the second spouse in order to prevent an application for divorce from being submitted to the authorized authority.

In order to apply for a divorce, it is necessary to provide the original marriage certificate, the absence of which makes it impossible to accept the application; a copy, including a notarized copy, is not accepted.

Attention!In such a situation, the citizen must receive a second form, which is decided by the Office of the Registrar or by the IFC. In special cases, the court may request information on the marriage in the civil registry itself at the request of one of the parties.

Difficulties in obtaining a certificate

Is it possible to apply for a divorce without a marriage certificate? The certificate is one of the main documents; therefore, its existence is important.

It is possible to obtain a duplicate in any case, but in some situations there may be delays:

• If the marriage was in another region;
• If the marriage took place in the territory of one of the Union Republics during the period of the USSR ' s existence.

A request for documents from another region requires a notarized statement.

Although the claim is not mandatory because it is not sent directly to the applicant but to the nearest civil registry office, the duplicate is issued by the passport officers.

But delivery may take between two and six months, so it is advisable to notarize the document in order to avoid possible rejection.

The situation is more difficult with respect to documents from the former Union Republics, the process of processing the application is similar, but delivery may take longer.

Divorce without a certificate

Consider how to apply for a divorce without a marriage certificate. The law provides for a number of cases in which a duplicate is not required.

In the civil registry without a certificate

Can you apply for a divorce without a marriage certificate? The law provides for the possibility of applying without it if the documents are submitted to the civil registry office, which conducted the marriage ceremony, in which case you may not receive a duplicate.

In other situations, a second certificate is required.

Regardless of the availability of the document, the parties should visit the Office of the Registrar jointly.In order to obtain a divorce, the parties shall file a joint application.Application to the registry office is possible in the event of:

• Mutual consent to divorce;
• The absence of joint adoptions or bloodskins of minors.

In addition, one of the spouses may apply to the Civil Registry Office if there are special circumstances with regard to the other party:

• Incapacity;
• 3 years ' imprisonment;
• An unknown absence.

It matters!The absence of the need to obtain duplicates saves the claimants time and money. 350 rubles will have to be paid in 2018 to obtain a second document. 600 rubles will be paid to each of the applicants for the dissolution of the union in the registry office.

To court without a certificate

Can a divorce be divorced without a marriage certificate? A judicial authority can help in this situation.

The application for divorce must include information on the absence of a document due to the husband ' s retention or loss; the court may request it from the registry office itself; and the registry shall provide information to the court as soon as possible.

The applicant is not entitled to provide a duplicate certificate, but a certificate of registration of the marriage, which is issued on the application of one of the spouses; the cost of producing the certificate is 200 roubles in 2018.

The original certificate remains in court; this option is an alternative to a duplicate.

How do I get a duplicate?

The authority authorized to issue a second certificate is the District Register Office, which has arranged the marriage of the parties; if it is not possible to apply directly to it, the law provides for the application of any district to the IFC; the basic condition is the location of the necessary department in the same region.

The applicant may be:

• One of the spouses;
• Their legal guardian or guardian;
• Their blood or adopted child;
• Their official representative.

The applicant must present his/her civil passport; there is no need for the presence of the second party to the marriage to obtain a second certificate.

If the document is to be obtained by an official guardian or guardian, he must provide a civil passport and an order from the district guardianship department for the appointment of a guardian/guardian, and a certificate from the guardian is attached.

The official representative is a person who has been authorized by a notary power of attorney, and the citizen must present the original of the power of attorney and the passport.

Duplicate algorithm

How to apply for a divorce if there is no marriage certificate? Consider the step-by-step guide for a duplicate:

• Processing of the application;
• Payment of the duty;
• Provision of documents to the Office of the Registrar;
• To obtain a certificate.

It matters!If the marriage has been declared null and void by the courts, the civil registry office will refuse to issue a second certificate and it cannot be obtained after the dissolution of the union has been registered.

Statement

Is it possible to divorce without a marriage certificate? First, you have to try to get a second document.

To do so, a declaration must be made. It must be filled in with a neat emphasis. It must be done by the applicant himself, hand in hand. The printed version must not be allowed. The declaration must not contain malformations or errors.

Documents

How to divorce without a marriage certificate? The law provides for the need to obtain a second document or a certificate from the civil registry office.

The list of documents varies according to who the applicant is, one of the spouses only provides:

• Civil passport;
• The fee receipt.

Blood and adopted children shall additionally provide:

• Birth/adoption certificate;
• The certificate of incapacity or death of the parent.

The guardian or guardian of the incompetent spouse shall present:

• The certificate of the guardian/guardian;
• A document on incapacity.

The official representative shall attach:

• Notarized power of attorney, which should include a paragraph on possibilities of recourse to public and municipal authorities to obtain duplicates of documents.

When a new document is received, the applicant shall sign in the register; if the certificate has been sent from another region, an accompanying letter of transmittal shall be attached.

How to Get a Marriage Certificate

Do you need a marriage certificate in the event of divorce? In order to apply for a divorce, you can attach a marriage certificate, using form No. 28.

The difference between the price of the duplicate and the certificate is minimal: in 2018, the complainant will pay 200 rubles; in addition, when applying to the court, the original certificate must be submitted in order to be attached to the case; the duplicate certificate remains with the owner; and the photocopies must be applied to the case.

The document includes the following information:

• The registration number of the certificate;
• Information on the civil registry office which issued the document;
• The personal data of the parties who are married;
• Date of the marriage;
• Information on the change of family name;
• Date of issuance of the document;
• A specialist's signature.

A particular feature of the certificate is the possibility of issuing it after the dissolution of the union; the right to obtain a duplicate post-departure of the union is terminated.

Is divorce possible without a marriage certificate? The law provides for situations in which the applicant may refuse to provide such a document, one of which is the filing of divorce documents with the civil registry office at the place of marriage.The plaintiff has the right to request a duplicate from the court.

As a last resort, the applicant can submit certificate No. 28 from the civil registry office; the absence of a document increases the length of the divorce; therefore, it is advisable to prepare the documentation in advance by deciding on the dissolution of the marriage.

Can you file for divorce without a marriage certificate?

Divorce is referred to as the breakdown of the marital relationship between the spouses, which is referred to the civil registry or court for registration.

How fast and how difficult the procedure would be is directly dependent on certain circumstances.

These include matters relating to the division of property, the joint consent of spouses and children under the age of 18.

It is very important, in making a claim, to have all the required documents in hand:

• A declaration of desire to dissolve the marriage.
• Current passports of both spouses.
• A financial document confirming the payment of a duty imposed by the State.
• Document certifying the registration of the new family ' s education.

There are certain features about the latter in the list of documents: if it is sufficient for the court to produce a copy of the document, the original will be required in the registry; however, the judge may wish to see the original as well.

Can you apply for a divorce without a marriage certificate?

A certificate confirming the existence of a State registration of a marriage confers official status on the union concluded between the spouses and confirms the legality of the marriage.

There are often situations where the original document cannot be submitted for one reason or another.

• The document's gone.
• The certificate was destroyed or damaged.
• The second spouse refuses to extradite him, hoping in this way to sabotage the process.

By way of information, the existence or absence of a certificate may change the nature of the divorce proceedings, since in this case the author of the divorce will have to apply to the civil registry to obtain a duplicate.

What could prevent a person from getting a certificate?

There are several reasons that have a serious impact on the length of the proceedings and sometimes require recourse to the courts:

• If you have to order a duplicate in another city, in which case the bureaucratic and "operational" aspects of the Russian mail have to be filled in between 20 and 30 days, especially since the application must be confirmed by the notary.
• When a person needs a certificate from another country, it will take two to six months to get through the consular office.

It is now possible to use the public service portal in order to obtain a duplicate, in addition to a court or registry, and such services are also provided by legal companies and firms, but in the second case it will be necessary to issue a notarized power of attorney and pay the time of a representative whose services cost between 5,000 and 10,000 rubles.

How to apply for a divorce without a marriage certificate

We've already said that there are two options, each one of which will be described in more detail.

Divorce without a marriage certificate by court

When making a statement of claim, it must be stated that the document has either been lost or hidden by the partner; generally, the court does not take much time to resolve this problem; a request is sent from the office to the appropriate registry and the case is resolved quickly.

The plaintiff may also apply to the civil registry office for a certificate confirming that the marriage was in fact registered, and this document is attached to the action brought before the court, which he or she is comfortable with.

This is one way of applying for the dissolution of a marriage when there is no marriage certificate.

Divorce through the civil registry in the absence of a marriage certificate

In order for the marriage to be terminated through the civil registry, the participation of the two spouses is mandatory, and passports are provided, and a joint declaration is issued requesting the dissolution of the marriage.

The absence of a certificate may not be an obstacle to the termination of marital relations if a situation arises in which the right to a unilateral divorce is granted:

• When one of the spouses is officially declared incompetent.
• If there is a document supported by law enforcement authorities that finds a person missing.
• Provided that one of the spouses was sentenced to more than three years ' imprisonment.

Where you can get a duplicate marriage registration certificate

Such a document can be obtained from the registry; the best option, of course, is to contact the office in which the marriage was registered, but this can also be done in a unit located at the plaintiff ' s place of residence, in which case a request is sent by his or her staff or the data are kept in a single archive.

If, for some reason, the second spouse was unable to attend, it is sufficient to present his passport data, and the recipients of the duplicate may also be:

• Children, if parents have the status of incapacity.
• Persons who are legal guardians.
• A trusted person of one of the spouses, if he or she has a document certifying his or her authority.

If a marriage is suspected, the duplicate will not be issued.

How to apply for a divorce without a marriage certificate

In order to obtain a document, the applicant must comply with a certain sequence of actions:

1. A sample application for a duplicate is being completed.
2. The State fee for the duplicate is being paid.
3. The application and receipt are transferred to the civil registry.
4. It's a duplicate.

Statement

The use of Form 19 forms is being implemented:

The most common reason why staff can't produce the original evidence is that it's better not to make it up, but to say it like it is. The form needs to be filled out by hand, by handwriting, without any corrections or mash, otherwise it has to be rewritten.

Necessary documents

To obtain a duplicate, it will require:

• Claimant ' s passport: If there is no passport, a foreign passport or a military ticket may be used.
• Financial document confirming payment of State duty (350 roubles).

There are situations in which there is a need for additional documents:

• A certificate certifying the death of the second spouse.
• If the application is submitted by children or guardians, medical confirmation of the spouse ' s incapacity will be required.
• When the document is restored by an employee lawyer, there must be a power of attorney certified by a notary.
• When the spouse is serving a criminal sentence, a certificate from the FIN and a copy of the sentence should be prepared.

Upon receipt of the certificate, the applicant notes this in the register, which may then be used to initiate divorce proceedings.

Can you apply for a divorce without a marriage certificate in 2023?

The divorce procedure must be registered with the civil registry; for divorce, the applicant would have to produce certain documents on the list of which the marriage certificate was included, but could a divorce be filed without a marriage certificate?

Dissolution of a marriage without a certificate

If the spouses do not have the possibility to produce a marriage certificate for divorce in the civil registry, the following actions should be taken:

1. If the spouses do not have children and have no property dispute, divorce may take place through the civil registry; and if there is no marriage certificate, it may be restored by informing the official of the public office of the date of the marriage; with the help of the information received, the official of the registry will restore the certificate by means of the civil registry; within 30 days the marriage will be dissolved.
2. If the spouses do not remember the exact date of the marriage, the registration of the dissolution of the marriage will require the re-establishment of the registration certificate, which requires that the spouses write a statement to the civil registry where the marriage took place.
3. The divorce proceedings may be prolonged if one of the spouses does not agree to the dissolution of the marriage and does not file a document, in which case the author of the divorce proceedings should write to the court and indicate that there is no marriage certificate due to the loss or concealment of the other spouse; in this situation, the court will request the relevant information in the registry, after which the family registration certificate will be sent to the court and the divorce will be processed; the plaintiff may obtain the duplicate before filing the claim with the court.

Divorce through the civil registry without a certificate

The termination of official relations through the civil registry is the fastest and simplest, and the following documents are required to register the dissolution of a marriage:

• Statement;
• Civil passports of spouses;
• I've got a receipt to pay the government fee.

The following actions will be required of claimants:

1. The registration of divorce in the absence of a marriage certificate would require a request from the civil registry office, which had registered the establishment of a family.
2. A member of the public service will be required to present a passport stamped on the registration of the marriage.
3. An application form for Form No.8 will be issued in the register of divorcees. It must be filled in and handed over to the staff member.
4. For divorce proceedings, each spouse will have to pay a State fee of 650 roubles and the requisitions are issued in the civil registry.
5. In 30 days, if the spouses do not change their minds, the divorce will be registered and a certificate confirming the dissolution of the marriage will be issued to each of them.

Dissolution of a marriage through a court of law

If there are any obstacles to the termination of marriage through the civil registry (minor children, property disputes, refusal of divorce by one of the spouses), the court will have to deal with the issue of the division of property between the spouses; if the issue of the division of property is resolved between the spouses, an action must be brought before the justice of the peace; if there is no compromise, an action must be brought before the district court.

If the marriage certificate is lost, a certain sequence of actions is recommended:

1. Prior to filing the claim, apply to the civil registry or the IFC for reinstatement of the document.
2. Prepare the complaint and its documentation: passports of citizens of the Russian Federation, duplicates of the marriage certificate, children ' s birth certificates, a bill of payment of a State fee of 600 roubles, etc.
3. The first trial will be held 30 days after the filing of the claim.
4. If the claim is successful, the parties may obtain a court decision.
5. A court document must be submitted to the civil registry for the issuance of a certificate of dissolution of marriage.

In order to obtain a duplicate certificate through the IFC or the civil registry, the following documents are required:

• Form 19 application form (in situ);
• A copy of the civil passport stamped on the registration of marriage;
• A bill for the payment of a State fee in the amount of 350 rubles.

If the application is submitted to the same civil registry where the family union was registered, a new document can be obtained during the day; if the application for the renewal of the certificate has been submitted to another government office, it will have to wait 20 to 30 days.

Divorce without a marriage certificate

The law permits unilateral divorce in the following cases:

• By a court decision, the spouse was found to have lost his legal capacity;
• In the Ministry of Internal Affairs, the spouses have been declared missing (the relevant document may be taken from the district);
• The husband is serving his sentence in a colony for more than three years.

In each of these situations, the author of the divorce can provide a notarized copy of the divorce certificate instead of the lost marriage certificate; therefore, it is better to make several copies of the document after the marriage; this will help to avoid possible difficulties in the future.

It is much more difficult to obtain a divorce if the marriage has been registered in another State: when one of the spouses has left the country where the marriage took place and the other is residing there permanently and is not going to leave; it is not possible to obtain a divorce without a marriage certificate in such a situation.

The dissolution of a marriage would not require leaving the country; the Consulate of the State in which the family was registered should be contacted.

The institution ' s employees should declare that they wish to obtain a divorce and that there is no marriage certificate; if there are no minor children, recourse to the Consulate is sufficient for divorce.

If there are children, there is no need to bring a claim before a court.

Let's sum up.

In the absence of a marriage certificate, the court initiates the re-establishment of the marriage, after which the divorce will be granted, and it may take two to three months to obtain a new document.

Thus, in a number of situations, the law allows for the registration of the dissolution of a marriage without a certificate of registration, and several copies of the document are recommended in advance in order to avoid the time required to re-establish the marriage.

Can you file for divorce without a marriage certificate? How can I get a divorce?

Divorce is the official dissolution of a man's and a woman's marriage. Sometimes one of the spouses does not want to divorce and hinders the process. Can you apply for a divorce without a marriage certificate?

Reasons for lack of evidence

The certificate officially confirms the marital union; this document is required by the public authorities when the spouses wish to break up; it is subject to special requirements: it must be read well, it must not be corrected or it must not be dirty, otherwise it will not be accepted.

The original certificate may not be available for a number of reasons.

• Loss;
• Destruction or deterioration;
• The husband's (wife's) disclosure is an expression of a reluctance to divorce.

In such cases, new paper — its duplicate — would be required; the case would not be considered when a copy was submitted.

Model of a valid marriage certificate

Pay attention!Extradition will take no more than half an hour and the registration authorities are provided with a passport, a claim and a paid receipt; this certificate has the same legal effect as the original.

How can you divorce without a marriage certificate?

Can you apply for alimony while married?

How can you divorce without a marriage certificate? The dissolution of a marriage without an official document is performed through the civil registry or by the court; if the other party refuses to do so, they shall apply to the court in her place of residence.

It matters!If the decision is mutual, the spouses may not restore the marriage certificate, if the couple applies to the wrong registration authority in which the marriage was entered into; if the divorce takes place in another division, the paper will be issued within 20 to 30 days.

Divorce procedure without a marriage certificate

In order for the union to be dissolved, it is necessary to follow a certain procedure and to provide a list of documents. If the decision is mutually binding and other circumstances are not present, the application shall be submitted to the court; the decision shall be taken within 30 days.

There are cases in which spouses do not have a marriage certificate, either the spouse is lost or the other spouse is deliberately hiding it. The divorce agencies ask for a certificate. Can you apply for a divorce without a marriage certificate?

The original will have to be restored, a copy of it won't work. Without official paper, you can divorce in a few ways. The first is when the couple agree to divorce.

In that case, the record will be lifted and the original will be restored. The procedure will take one month.

The dissolution of marriage is possible in two ways

If the parties do not remember the date and number, a second certificate will be required before submitting the application; a new claim shall be filed with the registration authority in which the union was formed.

If the spouse does not wish to divorce, he or she must apply to the court in his or her place of residence.

The duration of the divorce proceedings will be prolonged if a duplicate is ordered in another city or country, and the case will have to be confirmed by the notary.

It matters!In order to obtain a duplicate of the certificate, it is not necessary to apply to the court or to the registration authority; an application may also be submitted through the Public Services Portal.

Through the civil registry

Making Maintenances in a Marriage — What Documents You Need

Divorce through the registration authorities implies the presence of a married couple and a joint application is filed after the issuance of the passport.

Pay attention!The possibility of divorce without the certification of a marriage union is regulated by Federal Act No. 143 on Civil Registration.

Divorce in civil registration bodies is faster and easier to divorce than through a court of law.

The method is for couples whose desire to divorce is mutual, who have no children, and who have no claims against each other.

If a party is unable to attend, a notarized statement shall be drawn up in which it requests the acceptance of the documents.

Through the court

If the former couple has a child or other circumstances (a refusal by one of them, the existence of joint property, disputes over the child ' s place of residence) preventing divorce through the civil registry, the procedure shall be brought before a justice of the peace.This shall be done:

1. They file an application and documents — a passport, a birth certificate, and a union.
2. They're paying the state duty.
3. They're in court.
4. They're getting a court order to dissolve the union.
5. Contact the registration authorities to record the process and obtain the certificate.

The Russian Family Code provides for divorce proceedings, even if one of the spouses is against it. A court hearing will not be prolonged, even if there are young children, if the former spouses have reached a common agreement.

Noted.After the judgement has been handed down, the time limit must be one month for appeal; if this has not occurred, the decision shall be valid and the union shall be deemed to have been dissolved.

Where to apply for a duplicate divorce certificate

In the event of the loss of a divorce certificate or other circumstances, it is permissible to obtain a duplicate, which may be done by one of the spouses by writing a declaration. The duplicate shall issue the civil registry office for a period of 10 days.

On the basis of a record of the registration authorities, a duplicate can be obtained

Model statement of claim for loss of marriage certificate

If the marriage certificate is lost, a claim for reinstatement must be made.The claim states:

• Name of vessel;
• The initials, address of the plaintiff and defendant;
• Details of accession to the union — when it was concluded;
• Reasons for divorce and possible claims against the second party;
• Personal circumstances — loss or concealment of paper;
• List of attached documentation.

At the end, the applicant ' s signature (with decrypting) and the date of completion shall be added.

The application form is taken by the civil registration authorities or filled in by hand; one of the couple can obtain a duplicate, but both passports will have to be presented; it is not allowed to correct the application and leave the graphs blank.

Pay attention!If the reason for the lack of the certificate is indicated, it will be possible to speed up the process of re-establishing it; when the application is considered, the court must issue a duplicate within a short period of time.

The suit is filed by one of the spouses.

When a marriage can be dissolved without a certificate of marriage

Can marriage be dissolved without a marriage certificate?In the absence of this paper, without great difficulty, they will be reconnoitred if:

• The desire of the couple is mutual and their children have reached the age of majority;
• One of them is serving a prison sentence, divorced without his consent;
• On the decision of the court, the other party was found to be missing or incompetent.

Pay attention!Even if the original marriage certificate is missing, a notarized copy of it will be appropriate.

If a union has been concluded in another country, it will be more difficult, and one party has remained in it and the other has left the country, and if the marriage is to be dissolved, you must go to the office of the State in which the other spouse lives, and declare the loss of the certificate.

Thus, the absence of a marriage permit will delay the divorce process but will not cancel it. If the dissolution of the marriage is to take place quickly and without problems, the circumstances of the case must be examined and the best solution chosen. If the divorce process is to take place, a duplicate of the marriage certificate must be obtained from the civil registration authorities.