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In other words, the old forms, which were approved by Government Decision No. 1274 of 31 October 1998.........................................................................................................................
In which cases the application will have to be filed
On the basis of article 18 of the Russian Federation, the annulment of a marriage may be effected:
- Administratively, i.e. through the civil registry;
- Or in court.
If the spouses do not have children under the age of 18 and both agree to divorce, the divorce shall be made by the civil registry. (Article 19, paragraph 1, of the Code of Criminal Procedure) The spouses simply file a joint application with the civil registry and their marriage shall be dissolved in one month ' s time.
The exception, referred to in article 33, paragraph 3, of FL 143 of November 15, 1997 (hereinafter referred to as FL), is that when one of the spouses is unable to appear in person before the civil registry to file an application, each spouse makes separate applications.
It is also not necessary to go to court in the cases referred to in article 19, paragraph 2, of the Russian Federation. Here, too, a statement will be required, but not a joint one, but filled out by only one spouse, to those who initiate a divorce in the event that the second spouse is missing, incompetent or sentenced to more than three years' imprisonment.
An application will also be required if the marriage is dissolved by a court; since the court does not itself enter the information into the civil registry, it does so on the basis of an extract from the court ' s verdict (art. 35 FL).
Nuance – If, in all other cases, a written application is mandatory, a declaration may be made orally in the event of a court decision, so we will not elaborate on Form No. 12 in the article.
New forms
New forms have been in operation since 24 October 2018 and people wishing to terminate a relationship need to use them, and the forms are available for consultation in Order No. 201 of the Ministry of Justice of 1 October 2018 on approval of....................................................................
Application with the mutual consent of the spouses in the event that both may appear before the civil registry for filing
In this case, the application form No. 9 is used, and the form and sample 2023 can be found below in the picture or in the Order (by reference above).
This is an article from vseofinshah's dot. If you take this article on another website, it's stolen.
The basic rules for filling-in are set out in Annex 2 to the Order:
- All information shall be entered in the applicable step;
- If no data are available, a dash shall be placed in the appropriate field;
- may be filled in either on a computer or manually;
- The upper left block of the application is filled by the official of the civil registry, while the upper right block is filled by the applicants;
- The dates are as follows: the number of the month is in numbers, the month is in the bloodfall by word, the year is in numbers, and at the end is the number of the month, the example: October 22, 2018.
- Fields such as " Nationality ", " In which marriage was (a) " filled at the request of the applicant;
- Information on the spouse ' s place of residence is entered in accordance with the identity document.
At the end, the date of completion and signature of both spouses is mandatory.
Application if one of the spouses cannot appear in person before the civil registry for application
In the present case:
- The person who may appear completes Form No. 9;
- who cannot appear fill out Form No. 10 (however, the signature of a spouse who cannot appear must be notarized).
Note: The Order does not specify exactly how a spouse who may appear to complete Form No. 9 – it is nevertheless intended to be filled in jointly.
Among other things, there is a field for the signature of the second spouse, which clearly states that only Form 10 is filled out by the person who cannot appear.
Therefore, it seems that if he is able to appear in fields intended to be filled in by a second spouse, he simply draws figures.
Application filed by one spouse if another is missing, convicted or incompetent
In this case form No. 11 shall be filled in.
- The FIO, date, place of birth and nationality of the other spouse (not the applicant) shall be filled by the relevant court decision (on deprivation of liberty, missing persons, etc.) – if no information is available, these fields shall not be filled;
- The field of the identity document is only filled in with respect to the applicant of the divorce;
- Also, in the case of a non-applicant spouse, it is not necessary to fill the fields...........................................................
So since October 2018, new forms of applications for annulment have been applied, and they need to be filled in by new rules. All applications are filed in writing, except in cases where the marriage has been dissolved by a court of law; then an oral application can be made.
Read also:How to Share Credits in Divorce
2018, All about finances, all rights protected, copying of material only with author ' s permission.
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Application for divorce at the civil registry office, model 2023, application form for divorce through the registry office
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The dissolution of a marriage through the registry authorities is permissible in cases where the couple do not have joint minor children from the marriage and where the husband and wife have reached absolute consent in respect of the termination of the relationship; otherwise, the spouses have to apply to the court for divorce.
However, a unilateral divorce may also be possible in the circumstances described above.
This is permissible in cases where:
- The spouse has been found missing or has been found to have died in court;
- The spouse has been declared legally incompetent;
- The spouse has been sentenced to a real sentence of more than three years ' imprisonment.
In this case, the presence of children or the absence of the consent of the second spouse is irrelevant and the divorce takes place in the civil registry by filing an application.
At the end of the divorce proceedings, the court will also have recourse to the civil registry office, together with a copy of the court decision, to file a formal application and to register the dissolution of the marriage.
In each of the cases listed, the application must be submitted, the form of which is standard and must be completed thoroughly and without errors.
How to Make a Divorce Request Right
Resolution No. 1274 of the Government of the Russian Federation of 31 October 1998, as amended on 2 February 2006, approved model forms for applications to the civil registry for divorce.
For each case of divorce, the civil registry provides for special forms of documentation.
Form No. 8 | A model form for divorce in the absence of common children and mutual consent to the dissolution of a marriage. |
Form No. 9 | The application form for a unilateral divorce if the second spouse is incompetent, is missing or is in prison. |
Form No. 10 | Application form for registration of divorce following court decision |
These forms of declaration are strictly binding and cannot be changed unilaterally either by the applicant himself or by the civil registry.
The application is completed both by the husband ' s husband personally and by the civil registry officer through a special programme.
For this purpose, they shall take the documents submitted, the information of which shall be entered into the programme and then the application form entered shall be printed out and submitted to the applicant(s) for reading and signature.
BACKGROUND: The spouses have the right to come immediately to the registry office with a completed application, downloading the form and providing all the necessary information, but it is important to keep in mind the strict rules relating to its filling-in.
The application for divorce through the civil registry shall not contain:
- Corrections and marinas;
- Unreadable words and figures;
- Mistakes crossed out or removed by means of correction liquids of letters and figures.
One minor error – and the application form can be considered spoiled by starting to fill out a new document.
Virtually all registry authorities prefer to fill out the application on their own, so you don't have to waste time filling out the form on your own, unless you're going to file for divorce at the registry office without your presence and return the application by post with a notarized signature.
Model application for divorce in the civil registry 2023
For information on divorce application forms and self-filling forms, you can view or download below the sample documents.
If questions arise as to how to fill out the forms and the nuances of their application to the registry offices, you can always consult our lawyers free of charge right now by contacting the on-call lawyer.
Form 8 form
A divorce form, in general, without minor children and with the consent of both spouses.
Form 9 form
A divorce form may be submitted without the presence of or without the consent of the second spouse in connection with the circumstances specified in article 19 of the UK, namely:
- When the husband is declared missing under article 42 of the Criminal Code of the Russian Federation;
- If there is incapacity in accordance with the rules defined by article 29 of the Russian Civil Code;
- In the case of a prison sentence of more than three years.
Form 10 form
Application form for registration of divorce on the basis of a divorce order issued and in force.
Documents annexed to the statement
When each application form is filed, it must be accompanied by a number of documents confirming the grounds for divorce.
In all cases, the original marriage certificate must be submitted to the civil registry; if it is not available, you must apply for a duplicate and then apply for divorce.
The passport is returned to the applicant after all information has been entered into the programme by the civil registry officer; the marriage certificate remains with the civil registry authorities.
When applying for form 8
- Passport;
- Marriage certificate;
- A divorce fee receipt.
When applying for Form 9
- Passport;
- Marriage certificate;
- A copy of the decision (or an extract) confirming the right to divorce without the consent of the second spouse;
- a receipt for the payment of the duty.
The judgement (sentence) or discharge from it must be certified in accordance with the established procedure and be marked as having legal effect.
When applying on the application form 10
- Passport;
- Marriage certificate;
- A judicial decision on divorce (copy) or discharge from it;
- A receipt of the sum of the duty.
The judgement shall be certified by the court and shall mark the entry into force.
How to apply for divorce
There may be certain features for each application to the civil registry for divorce.
Identify the situation
- You are determined by the situation you have and by the application form, which is relevant to her.
- Together with all the necessary documents, you come to the Office of the Registrar at the place of application, fill out the application and file the required documents.
- You can apply for divorce either at your place of residence or at your place of marriage.
It is also possible to apply for divorce from the civil registry office and through the State Services portal if the applicant has a certified record; the application form is filled in by the applicant himself on his/her own computer and then transmitted to the registry office electronically.
After processing it, he is given a date of entry into the civil registry to complete the divorce proceedings.
Collect Documents
The documents listed above for each situation should be collected and brought to the registry office with them.
The absence of any document would constitute a refusal to accept the application, which does not deprive the applicant of the right to apply to the registry office again.
Pay the mistress.
Since registration of divorce is a procedure for performing a legally valid act that is part of public and municipal services, it must be accompanied by payment of a State duty.
Regardless of the method of termination of the family relationship, the complainant will have to pay the government fee in the following amounts:
- If the procedure is performed unilaterally through the civil registry - 350 roubles;
- In the case of registration of the termination of the marriage on the basis of a judicial decision or by agreement of both spouses, the total number of roubles is 650.
The requisitions for payment should be specified directly to the civil registry office, and the original payment of the fee should be submitted with the application.
Be on the appointed date for divorce
Once the documents have been accepted and verified, the staff member of the Registry will set the date on which the spouses must arrive for divorce.
The total period of divorce is 1 month, excluding registration of divorce on the basis of a divorce order.
- With mutual consent: at least one of the spouses is required to appear and the other may make a notary declaration;
- In the event of a unilateral divorce: the applicant ' s appearance is strictly mandatory on that date; upon completion of the divorce proceedings, the applicant shall receive a certificate of dissolution of the marriage.
- Due to the constant changes in legislation, regulations and judicial practice, we sometimes fail to update information on the website.
- Your legal problem is 90 per cent individual, so self-protection and basic solutions are often not appropriate and will only complicate the process!
So contact our lawyer for a free consultation right now and get rid of the problems in the future!
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What is the divorce application form?
For the most part, the marriage obligations are terminated in court proceedings, where the custody of the children is discussed and the property is shared, but there are situations where divorce can be arranged through the Zags, and there are few, but the process is much simpler and less nervous.
Basic document for the dissolution of the union in the registry
If you trust a statist, an estimated 20% of marriages don't require legal proceedings to be dissolved, you can put everything in the bag, in which case it's a little easier to officially "run away."
But to do so, you must not have minor children or any property issues.
If that's the case, your formal marriage will really end in just a few minutes.
Sometimes divorce requires only a wife or a single husband. It is customary to call it a unilateral divorce and it is permitted if the second one is a convicted person (three years or more) or is incapable or is found to be absent. For any case, regardless of the spouse's status, you will need a court decision on the matter in question.
Historical fact: A little over half a century ago, in the USSR, it was possible in any situation to file a divorce with the civil registry for one person, with very little waiting, and the second spouse could not immediately have known his new status – for example, if he had been away – for a short time, the laws had been revised quite quickly.
The last situation is, you've already had a court hearing (perhaps only one) and now you're officially divorced, but you're not getting a divorce certificate in court, and you're gonna go back to Zangs.
In all cases, regardless of the type of divorce, you will need to fill out a standard civil registry form..
What does a divorce application form look like?
This document is in three forms:
- For divorce by mutual consent (form 8);
- For divorce of a convicted, incompetent or missing spouse (form 9);
- For the registration of a certificate following a divorce (form 10).
Any form is clearly similar to a marriage registration application. For each of the spouses, a column is used to provide personal information. If a divorce is planned with an incompetent, convicted or missing spouse, a particular cell will need to specify the court decision (it must be in hand).
Where can you download a sample?
If you don't want to sit in the office, you can find a standard form for downloading, for example, on the public service portal or here. It's very convenient to have a pre-filled divorce application form in the civil registry, because you can save your time.
For example, you can download and print samples of the divorce application form by reference, or by using the following images.
Please download the divorce forms:
- Form No. 8 (blank of consent to divorce);
- Form No. 9;
- Form 10.
Divorce application forms
Divorce application form (form No. 8)
Divorce application form (form No. 9)
Divorce application form (form No. 10)
How do I apply?
The application process depends on the form you're going to apply for..
- If you have reached a mutual agreement, you have no minor children and you have no property, you have to come to the Zangs together, either fill out Form No. 8 there or bring it ready. You have to take your passports, copies and the original of the marriage certificate. Each of you has to pay the State duty (now 400 rubles) and bring the receipt.
- If your divorce process is one-sided, the government is halved (200 rubles), except for your own identity card and marriage certificates, take a court decision to present it to the employees of the Zags.
- If you have already been officially divorced by a court and the decision to do so has entered into force, you can come to the register separately and fill in the application only on your own behalf.
Don't forget that you can't spell and rule anything in any form. If you've already downloaded a divorce application from the registry office, print out a few grand in case of a mistake.
After you fill out the form and deliver the accompanying documents, the staff member of the registry will set a deadline, and it will take at least one month to wait for a divorce, and then your divorce will be considered to have been fully completed.
Below you will find a video that will tell readers more about :
How to draw up a declaration of divorce in the civil registry — models of forms
The marriage is not only about the positive things that you will remember with a smile on your face, but also about the most difficult things.
The first step towards this is to apply to the civil registry for the dissolution of marriage, how such a document is drawn up and what it takes to do so will be discussed below, and we will also find out where we can get a sample of the divorce application.
How to Fill - Form and Content
The rules for filling in and the content of the application may vary slightly depending on the circumstances, which are as follows:
- The dissolution of a marriage is based on a joint decision of the spouses;
- The application for the dissolution of a marriage is submitted unilaterally;
- A divorce was granted by the judicial authorities.
Common to all cases, the data needed to complete the divorce application, including without children, will be as follows:
- The document indicates F.I.O. of both spouses wishing to divorce.
- Their date of birth must be specified.
- Information concerning the place of birth of both spouses will be required to be filled in.
- We need to specify the details of the husband's and wife's identity card.
- The address of the divorcee's residence.
- It's important to fill out the details of your marriage registration certificate.
These data are common to all forms. There are three types of documents:
- Form 8, which is used by mutual consent to divorce.
- Form 9 to be completed when applying for divorce by one of the spouses.
- Form 10 used if the divorce was ordered with the participation of the court.
Notice that when you fill out your papers, be careful not to make any mistakes; if you do not have any faults or corrections, you may refuse to break your marriage.
Samples of divorce applications in the civil registry
An example of an application for divorce can be downloaded from our website. This can be done quickly and conveniently by clicking on a link of interest to you. For example, form 8 on divorce is downloadable. This will provide you with a sample of the application for divorce without children, by mutual consent.
In addition, there are a large number of completed templates that are an example of filling in such applications, and you can file a divorce application and obtain a resolution on the application without any problems.
Form No. 8
The fastest and most painless option for divorce is divorce by mutual consent, where the couple do not have a common minor child or an expensive property to share, in which case it is sufficient for the husband and wife to complete Form No. 8 with the following data:
- Indicate the name of the civil registry office to which the application is submitted.
- Enter the family name, first name and patronymic of both spouses.
- Indicate their place of birth, date and nationality.
- Information concerning the nationality of the husband and wife is not required to be filled in; however, if you wish, you can also provide this information.
- Don't forget to indicate the address you're living at right now.
- When filling out the form, the details of the document, which is the identity of each spouse, must be provided; in the territory of the Russian Federation, the document is a passport.
- The application form also includes the particulars of the marriage certificate.
The completed document is certified by personal signatures and indicates the date on which it was completed.
Model Form No. 8
Form 9 form
Used in the following cases:
- The spouse is considered missing;
- The husband or wife is deemed to be incompetent;
- Your second half is in custody and the sentence is not less than three years.
The difference between the form and Form No. 8 is as follows:
- Information should be provided on the reason for the divorce.
- Please indicate the existence of a document confirming the existence of one of the above-mentioned situations, which allows for unilateral divorce.
- If the spouse is missing, the initials of the trusted person who is responsible for the spouse ' s property, as well as his or her address, must be entered.
- In the case of incapacity, the second half must indicate the identity of his guardian and the address at which he or she lives.
- In the case of imprisonment, the address of the correctional facility where the husband or wife is serving the sentence will need to be noted.
Model Form No. 9
Form No. 10
It is filled in by the civil registry in cases where the dissolution of the marriage has been ordered by a court of law and may be effected by either spouse.
A distinctive feature of this statement will be the need to provide information on the judgement, which is completed under the title of the document.
Otherwise, the information entered in the form is identical to the basic form and is filled in identically.
Model Form No. 10
Documents annexed to the statement
In addition to submitting the application on Form No. 8, the spouses must attach the following documents to it:
- Identification documents;
- A certificate of marriage;
- Checks or receipts confirming payment of the necessary State duties charged by the State for the conduct of such activities.
When applying for forms Nos. 9 and 10, it is also necessary to attach documents which will certify the court ' s decisions concerning divorce proceedings.
How do I apply?
It can be submitted by means of a personal visit to the marriage registration authorities; it is also possible to use the public services website; this can be done only if the decision is made jointly and there are no minor children; if there is notarized consent for divorce of the second half, only one spouse can come to the civil registry for the registration of documents.
Don't forget to collect all the necessary documents, pay the money, and show up on the scheduled date for divorce at the civil registry office, which may lead to a refusal to issue you with a divorce certificate.
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Application for dissolution of marriage in the civil registry — law-divorce.ru
Principal divorce/Marriage divorce application in the civil registry
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- Administrative divorce (as compared to divorce) is a procedure with many advantages:
- First, the ease of preparation and application, as well as the minimum set of documents.
- Second, minor expenses (generally only the payment of public services),
- Third, divorce in the shortest possible time.
- An additional advantage could also be seen as the formal procedure for administrative divorce proceedings, which did not require a review of the reasons for divorce and other subtleties of the family relationship.
Conditions and grounds for applying to the civil registry
But not every married couple can "let themselves" break the marital bond administratively.
The law clearly provides for cases in which a husband and wife (or husband, wife unilaterally) may file for divorce with the civil registry, and in which cases they may not divorce without trial.
Grounds for divorce through the civil registry
Ooh.Conditions for divorce of a married couple through the civil registry:
If only one spouse wants to divorce and the other does not want to divorce, divorce is possible only through a court, and divorce is only voluntary, as is divorce, as is the case with the civil registry. If a husband or wife opposes divorce and wishes to keep the family together, the State assumes the obligation to do so in the course of legal proceedings.
- Absence of children under 18 years of age.
If the spouses have common (native and adopted) minor children, it is not possible to divorce without a court, since the State ensures respect for the rights and interests of minors; if the children are not common (e.g. children from the previous marriage of the wife or husband), if the children have reached the age of majority (or are recognized as fully legal at 16), divorce is possible through the civil registry.
- No disputes requiring trial.
If the dissolution of a marriage is complicated by disputes that the court may resolve (e.g. the division of marital property), the case is tried.
Grounds for unilateral divorce through the civil registry
Separately, one should refer to unilateral divorce, which is possible under the conditions laid down in article 19 of the Criminal Code of the Russian Federation.Grounds for unilateral divorce through the civil registrywhere the consent of the second spouse is not possible or necessary, regardless of the existence or absence of common minor children:
- The court has established the total incapacity of one of the spouses (in which case he is unable to assess the circumstances and make an informed decision to maintain or terminate a family relationship);
- One of the spouses is found missing or deceased (since it is not possible to obtain consent in such a case due to the absence of any information on the whereabouts of the spouse, the marriage may be dissolved unilaterally);
- The court found one of the spouses guilty of a criminal offence and deprived him of his liberty for three years or more, which also provides grounds for the unilateral dissolution of the marriage without his consent.
Application rules
So the circumstances of your family life are in accordance with the law and allow for the dissolution of marriage through the civil registry.
The standard procedure for administrative divorce involves the passage ofSeveral steps:
- Completion of the divorce application form (forms Nos. 8, 9, 10);
- Payment of the civil registry;
- Application to the civil registry with mandatory annexes;
- 30 days after the filing of the documents, a visit to the civil registry for the divorce procedure;
- To obtain a divorce certificate.
If the dissolution of a marriage occurs by mutual consent, the couple shall submitJoint application for divorce.
However, since it is not always possible to visit the husband's and wife's registry at the same time, the law provides for two separate applications by the spouses, as well as two applications by one spouse, provided that the signature of the second spouse is notarized.
How to fill out the application correctly
The application for divorce in the civil registry is a document to be completed by each of the spouses in strict form:
- №8- Joint declaration of dissolution of marriage between spouses without minor children;
- №9- A unilateral declaration of dissolution of marriage on the basis of the circumstances provided for in article 19 of the Criminal Code of the Russian Federation;
- №10- Application for State registration by the civil registry office of divorce on the basis of a court decision.
How do you fill out the form correctly?
The joint application of the spouses (form No. 8) shall contain:
- Personal data of spouses: F.I.O., date of birth, nationality, place of residence, passport data;
- Data on marriage (Registration of Marriages in the Register of Registrations);
- The text of the divorce application with the request of the spouses for the dissolution of the marriage;
- Data on the family name that each spouse wishes to bear after divorce (e.g., leave the current or return the previous one before marriage);
- The signature of the spouses;
- The date.
The application, which is submitted separately by the spouses (in case of mutual consent to divorce but no joint visit to the civil registry), must be submitted by the spouses.The signature of the spouse who cannot visit the registry for the joint filing must be notarized.
Application submitted unilaterally by one of the spouses,If there are grounds provided for under art.
19 The Criminal Code of the Russian Federation, in addition to personal data, must contain the grounds for the unilateral dissolution of marriage and the details of the documents supporting these legally relevant circumstances (e.g. the details of the sentence of deprivation of liberty, the court decision declaring the spouse dead, missing or incompetent).
Model application for divorce in the civil registry 2023
The application form can be obtained directly from the civil registry office, as a general rule, the application forms are also submitted, but it will not be necessary to consult them in advance in order to avoid filling-in errors, so we also invite you to download and consult the models of the divorce application forms:
If you have any questions about how to fill out the form, ask our lawyer in the chat room or call the hotline and get free legal advice.
Documents attached
The list of documents to be attached to the application for divorce in the civil registry depends on the grounds on which the divorce proceedings take place.
If a married couple without children is divorced by mutual consent, the completed form No. 8 should be accompanied by:
- Copies of the spouses ' passports;
- A copy of the marriage certificate;
- Amounts (payment by the Government of 650 roubles each)
If the marriage ends unilaterally with a spouse deprived of liberty by a court sentence, the completed form No. 9 must be attached:
- Copies of passports;
- A copy of the marriage certificate;
- A copy of the court ' s judgement (with the entry into force of the law);
- (payment of 350 rubles by the Government)
If the marriage ends unilaterally with the spouse who has been found dead or missing by the court, the completed form No. 9 must be attached:
- Copies of passports;
- A copy of the marriage certificate;
- The decision of the court to declare the spouse missing (with the entry into force of law);
- Qualitation (payment of 350 rubles by the Government);
If the marriage is dissolved unilaterally with a spouse who has been declared incompetent by the court, the completed form No. 9 must be accompanied by:
- Copies of the spouses ' passports;
- A copy of the marriage certificate;
- The court ' s decision to declare the spouse incompetent (with the entry into force certificate);
- Qualitation (payment of 350 rubles by the Government).
Dissolution of marriage through the civil registry 2023
Divorce through a court or civil registry, the means of dissolution of a marriage by which to file an application for divorce with the civil registry or the divorce court without a court in the civil registry.
The time limit for the dissolution of a marriage through the civil registry of the State for divorce in the civil registry. Which documents would be necessary for the dissolution of a marriage through the civil registry would seem to be quite simple, but the procedure for the dissolution of a marriage between the spouses is far from familiar with the dissolution of a marriage, both in the registry and through the courts, given the large number of questions that our lawyers are asking.
Divorce in the register in St. Petersburg. Tel. +7 (812) 989-47-47Telephone counselling
Lawyers and lawyers at the PetroJurist Legal Centre will conduct the divorce proceedings in full, both in the registry and in court.
Divorce through court or civil registry, means of dissolution of marriage
There are two ways of divorce under the law, depending on the circumstances:
- Administrative method - by applying to the civil registry
- The judicial method is the divorce proceedings initiated by one of the spouses.
The most attractive way to do this is to get a divorce through the D.A.S.A.
The divorce process through the civil registryIt is simplified and cannot exceed a period of one month, whereas in court divorce proceedings may be prolonged up to three to four months, with the court ' s decision coming into force.
A number of procedural circumstances may affect the length of the divorce proceedings: failure to notify and present the defendant, granting the parties a time limit for conciliation, the need to send judicial notices or instructions to another region, etc.
Where to apply for divorce - to the civil registry or court
Despite the high preference for divorce through the civil registry, the choice of divorce depends not on the will of the spouses, but on a number of factors, the existence or absence of which determines the divorce method through the civil registry or the court; there is no alternative for the spouses.
The Act sets out the criteria that only the combined existence of which will enable the spouses to dissolve the marriage in the civil registry, otherwise they will have to initiate divorce proceedings in a court of law in accordance with the rules of jurisdiction and other procedural subtleties.
Divorce without trial in the registry
There are two conditions under which divorce can be obtained through the civil registry:
- There are no common minor children (under 18 years of age)
- Both spouses agree to divorce
If there are no common children, but if one of the spouses avoids the dissolution of the marriage, or if there is mutual consent for the divorce of the spouses with a common child, it will no longer be possible to obtain a divorce through the civil registry,Except in the cases provided for by law (as follows).
Childlessness of spouses (absence of children)Total 3 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —The only criteria for the dissolution of a marriage through the civil registry are the mutual consent of the children (i.e. children) and their mutual consent to divorce.
On various Internet resources, it is possible to have private opinions about the impossibility of divorce through the civil registry in the case of a property dispute between the spouses.
Such statements are fundamentally incorrect and not based on the law.
The division of property between spouses is not an obstacle to divorce through the civil registry; the current family law of the Russian Federation does not contain such reservations and restrictions.
The dissolution of marriage between spouses cannot be made dependent on the division of property acquired by the spouses.
The spouses may divide their property by agreement or by judicial means, both during the marriage and after its dissolution.
Family divorce lawyer in St. Petersburg. Tel. +7 (812) 989-47-47Telephone counselling
Dissolution of marriage through the civil registry unilaterally
Dissolution of marriage with minor children through the civil registryis only possible if this is expressly provided for by law.
There are.Exceptional cases of unilateral divorce through the civil registry– and these are the exceptional circumstances where divorce is possible through the registry.on the application of one of the spouses Whether or not the spouses have common minor children.
According toart. 19 (2) of the Family Code of the Russian FederationExcept in cases where the second spouse:
- He committed a crime and was sentenced by a court to more than three years ' imprisonment
- Incompetent on the basis of a court decision
- Court decision found missing
In the event of at least one of the above-mentioned circumstances, the marriage shall be dissolved by the civil registry on the application of one of the spouses in accordance with the procedure laid down in article 34 of the Federal Act on Civil Status.
Of course, the application for divorce must be accompanied by copies of the relevant legal acts which have entered into force:
- Conviction by the court against the spouse
- Court ' s decision declaring the spouse incompetent
- Court ' s decision to declare a spouse missing
Copies of these judicial acts must be certified by the court that accepted them, i.e. they must be accompanied by the court ' s blue seal and the judge ' s live signature.
A copy of the relevant judicial act of the second spouse can be obtained in court only if he or she has been directly involved in the proceedings.
Given that the recognition of a citizen as dead or incompetent is carried out by the court on the application of close relatives, and in the case of a married person, it is generally the declaration of the second spouse that this is the case, that there should be no problem in obtaining a copy of the decision.
As a last resort, assistance may be sought from persons involved in the case.
With regard to the conviction of the spouse, a request for a copy of the said court act may be made to the convicted person's counsel or, if possible, to the victim or his or her counsel.
Where do you apply for a divorce?
Divorce is not necessary in the same registry office where it was registered by the State.
Couples wishing to obtain a divorce through the civil registryA legal alternative to the selection of a registry office has been provided:
- Office of the Registrar, where the marriage took place
- Register of residence of spouses (wives or husbands)
Application for dissolution of marriage through the civil registry.
Upon the mutual consent of the spouses to the dissolution of the marriage, a joint application by the spouses shall be submitted to the Office of the Registrar in writing; the divorce form may be taken directly from the Office of the Registrar and all appropriate entries may be filled in.
A joint divorce application may be filed in the following ways:
- Personally by spouses when visiting the registry office
- Through a single State Service portal in the region in the form of an electronic document
- Through the IFC
In a situation where one of the spouses cannot appear in person at the registry office or at the IFC to file a joint application for divorce, two separate applications may be made, and the signature of the spouse who is unable to attend the application must be certified by the notary and, if he is serving his sentence, by the head of the correctional facility concerned.
Legal advice on divorce cases in JSb. Tel. +7 (812) 989-47-47Telephone counselling
Period of dissolution of marriage through the civil registry
The dissolution of marriage and the corresponding State registration shall be carried out by the civil registry office after the expiry of one month from the date of the application for divorce by the spouses (one of the spouses).
The 1-month divorce period in the civil registry is mandatory.
If divorce proceedings in court may be prolonged and exceed a month, the period may not be arbitrarily extended or reduced in the civil registry.
The civil registry does not identify the reasons for divorce and does not have to take measures to reconcile the spouses, but, formally, this period of one month is reserved for the reconciliation of the spouses, which is often the case.
If the spouses do not change their mind, their marriage will be dissolved after exactly one month.
But one factor should be noted:It is mandatory that at least one of the spouses be present at the dissolution of the marriage.
The dissolution of a marriage and the State registration of its dissolution shall be carried out in the presence of the spouses or at least one of the spouses (art. 33, para. 4, of Federal Act No. 143-FZ on Civil Status).
Based on the meaning of the above-mentioned provision of the law, if no spouse shows up at the civil registry office in a month ' s time, the marriage between the spouses will not be dissolved.
If the spouses were reconciled before the end of the month from the date of the application for divorce, it was not necessary to withdraw the application from the register, it was simply sufficient for both parties not to report to the registry at the scheduled time, and the divorce certificate would be cancelled.
The law also requires that a marriage certificate be produced in the event of divorce, but what if the marriage certificate is lost (lost, destroyed, etc.).
In such a case, the following considerations should be taken into account:
- If the divorce is not performed in the same civil registry office where the marriage was registered, a duplicate of the marriage certificate will have to be obtained.
- If the divorce is processed in the same registry where the marriage is concluded, a duplicate of the marriage certificate will not be required.
Minister for divorce in the civil registry.
A single State duty is paid by the spouses for the State registration of the dissolution of a marriage and the issuance of the corresponding certificate, in the amount determined by the Tax Code of the Russian Federation (art. 333.26).
- If an application for divorce is filed with the civil registry, with the mutual consent of the spouses, the State shall be paid a sum of 650 roubles per spouse.
- When a marriage is dissolved in the civil registry on the application of one of the spouses for one of the grounds listed in article 19 of the Family Code of the Russian Federation (the second spouse is convicted, incompetent or found to be missing), the State is paid 350 roubles.
What documents are needed for the dissolution of a marriage through the civil registry
The following documents should be attached to the divorce application filed in the civil registry:
- Copies of both spouses ' passports (one of the spouses in the unilateral dissolution of marriage)
- Marriage certificate
- Compensations for payment of the Ministry of the Interior (precise details for payment should be checked in the registry)
- duly certified copies of judicial acts in the unilateral dissolution of marriage on the grounds of article 19 of the Family Code of the Russian Federation
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