How to obtain a divorce through the civil registry by mutual consent, divorce without children and property

We all know that divorce is a complicated procedure, both psychologically and procedurally, even if the spouses do not have children and they do divorce by mutual consent through the civil registry, and in a situation of stress, people do not understand where to go and how to get a divorce, but not everyone knows the rules and reasons for divorce through the civil registry.

There are several reasons why the divorce procedure is carried out through the civil registry:

  1. The mutual consent of the husband and wife without common-age children for a divorce.
  2. No claims under property.
  3. The second spouse is reported missing on the basis of documents from the court.
  4. Either spouse has been convicted for at least three years.
  5. The second spouse is incompetent and this is also recognized by the courts.

The divorce procedure through the registry is as simple as possible. This was done in order not to take time off formal procedures for couples who realized that there was no future for their marriage, even if they stayed together. Statistically, divorce through the registry is "need" mostly for those who were married for less than a year.

Divorce stages

The first stage of divorce through the civil registry will be the correct writing of the application; if the application is written by both parties, the divorce procedure will take place much faster; the form of the joint application is given below.

Figure 1 Form for writing a joint application for divorce

The second stage is the collection and submission of the necessary documents, which are listed below, and, depending on the circumstances, additional documents can be provided that can speed up the divorce.

The third stage is the divorce process, which lasts one month, after which the ex-wives return to the civil registry office and collect divorce certificates. There is no shorter divorce process.

Fill out and file the application.

In writing the application together in the civil registry, the data of the two spouses must be given: the ISI, birth information, citizenship, address of residence.

It is necessary to fill out the details of your passports and your marriage certificate, and at the stage of filling out the application, you must decide and write the name you want to leave after the divorce.

If she so wishes, the wife will keep her husband's last name.The husband may also leave the wife ' s last name if he has accepted it at the time of the marriage.

After all the entries in the application form have been filled in, the date and signatures of the applicants must be entered. Remember that the entry "nationality" can be omitted; it is not necessary to fill it in. The difference between the application filed in the registry and the application filed in court is that there is no entry for the reason for the divorce.

Selecting the civil registry for divorce

The divorce is most often filed in the register in which the couple are registered, but there are cases in which the husband is from one city and the wife from another, and after the divorce, she is not able to come; in which case the wife has the right to apply in her own city and the husband in her own; but if the application is submitted from one place, it is better to speak of the mutual decision of the spouses.

There are several places of application:

  1. Personally go to the civil registry and file a statement.
  2. Using the Internet portal, it's not available in some cities.
  3. Pass the application through the multifunctional center.

Documents required for divorce

In addition to the application to the civil registry, a number of binding instruments must be provided:

  • Divorced passports, which will be stamped after the divorce procedure;
  • The original marriage certificate, which is confiscated in the event of divorce;
  • A statement from the propiska is necessary to convince the civil registry in the absence of common children;
  • The Panel recommends no compensation for this claim.

If one of the spouses is not able to come in person in the civil registry, in addition to the above-mentioned papers, a notary certified that he has no objection to the divorce procedure without him.

Before applying to the civil registry, lawyers are advised to draw up a marriage contract, which will specify all the conditions of divorce that do not include any children, so that when one of the divorcees enters the register, he will not change his mind or the procedure for divorce.

Therefore, resolve the disputed issues in writing:

  • How do you share your wealth?
  • If there are loans to which debts will be passed;
  • may be paid by one of the spouses in favour of the other and to what extent (may the former spouse wish to make a contribution for the children of other marriages).

You don't have to trust oral agreements, let's just leave it at peace and you don't have children in common, it's not a guarantee that there's no old grudges coming up that could lead to litigation.

Some people think that the concept of "minor children" is perfectly understandable and does not require an explanation, but it is wrong, and it turns out that underage children make more than just 18 years of age.

There is a concept of emancipation: under the Civil Code, a child can be fully free at the age of 16 with the consent of his or her parents – this procedure is called emancipation.

After this procedure, the child may be employed in accordance with the Labour Code of the Russian Federation, start a business, etc.

With this "emancipated" child, 16 years of age, his or her parents can divorce through the civil registry.

The divorce procedure may take place through the civil registry if the couple has children under the age of 16 to 18 years, but they are the result of previous marriages; the questionnaire then indicates the absence of common children.

Registration of divorce

When you apply for a divorce, you must have one of the spouses or a trusted person present on the date of the divorce, with a notarized document to replace him, that's the order. The divorce will take place in exactly 30 days. But if no divorced person is present on that date, the divorce procedure will be postponed to an indefinite date, provided that the reasons are valid. If there are no valid reasons, the couple's application will be rejected. And you have to go back to the registry, fill out the application, and wait for 30 days.

Once a divorce has been registered, the spouses are issued with a certificate and a passport with corresponding records; if the name is changed, the holder is required to change the passport with the application and the certificate issued in the event of the divorce to the passport table; the old passport shall not be valid for more than a month.

The cost of divorce in the registry

With the consent of the divorcees and the absence of the children, the cost of the divorce will not exceed the cost of the government service, but consider in more detail what the spouses will have to pay for:

  • a government service of 650 p. for each, provided that the application is submitted jointly;
  • 650 p. for each – payment for the registration of divorce records in the civil registry;
  • If the application is submitted by one spouse unilaterally, provided that the second divorceee is found to be incompetent, missing or convicted, the first spouse shall pay the State Secretary of State at 350p.

The payment of all government offices takes place only through the bank to an account issued by the civil registry office; the original receipt of the payment of the public service is submitted together with the application for divorce; therefore, in order to avoid loss, a copy of the receipt should be made.

The benefits of divorce in the civil registry are obvious: no one digs into their private lives, no reasons for divorce, no witnesses are called.You can say that it ends at the time of the application, and the mutual consent of the divorcees allows you to complete your relationship through the civil registry without any nerves or extra money.

Divorce proceedings through the civil registry without children

It's rare to rush into any life situation when it comes to good consequences, but now it's a habit to do things quickly to keep your luck going. Only a relationship needs to be built like a house, thinking about steps, and most important is a solid foundation, and if the foundation is weak and doesn't withstand any trouble, financial problems, then we have to separate.

And if a relationship has been registered, then a couple is going to get divorced. Easier, in that case, if there is no single minor child in the family. Divorce is always unpleasant, though divorce through a zags without children is the simplest and most forgiving way to break the relationship between the spouses. This process is two things:

  1. Coherence of the actions of divorcers
  2. An arrangement for where they're going to get a divorce.

You can also get a divorce through the civil registry if your children are of legal age and have no joint property, which means they don't need any part of it, and no matter whether the adopted child, the adopted child, or the family, is the same as the couple, which means that both parents have to take care of it.

Application to the civil registry

You can apply to the registry authorities either in the nearest place of residence of the former family or on the basis of your husband ' s (wife ' s) residence, and often apply for divorce where the marriage was registered, but the latter is not necessarily the case, since a city where a couple has obtained a marriage certificate may be hundreds of kilometres away from them.

The first step is to file an application. His joint application indicates mutual consent to breakup. This statement has a certain form(s) where it's written, information:

  • Those who file for divorce and also the details of the documents that serve to establish the identity of those who divorce;
  • :: A certificate of marriage;
  • Here is a decision on the names of the spouses, whether the wife will remain with the same name or change it to the previous name (girl);
  • The signature of the divorced person and the date.

The special feature of such a divorce application is that it is not necessary to indicate the reasons for the break-up.

  1. Personally, the application is filed with the civil registry.
  2. Use the Internet as a public service portal.
  3. A multifunctional centre can also serve as an application tool.

If the applications are filed separately, but the spouses ' decisions are mutually agreed, then the signature of such a document must be certified by a notary, but if the person is in correctional facilities and in custody, his signature must be certified by the superiors of the place.

Also, at the request of one of the spouses, divorce is possible through Zags and in such situations (even if the couple has a minor child):

  • One of them is incompetent (recognized in court proceedings);
  • The husband (or wife) is missing (FIO as well as the address of the residence of the person managing the property of the missing person);
  • One of the divorcees was convicted for more than three years (application No. 9 is used, stating: cause of divorce, place of serving a criminal sentence by one of the spouses and court decision).
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Divorce through Zags, in accordance with the procedure established by Russian law (arts. 19 and 20) without children and property, takes place approximately a month or a little longer.

Documents required

The spouses who have decided to divorce, while maintaining a peaceful, friendly relationship, negotiating the future divorce procedure, in advance; the harmonization of actions and joint work; the collection and preparation of the necessary documents for the official divorce; and the acceleration of the process.

A divorce through the organs of the Zags without children and common property is considered to be the simplest, most generous option for breaking up a relationship.

  1. A two-way application, divorceing parties.
  2. Marriage certificate (only original).
  3. Both spouses' passports.
  4. A bill of payment of a duty in the amount of 650 roubles (directly, from the husband and from the wife) established by the law of the Russian Federation.

The application, Form No. 9 (husband convicted, incompetent, missing), will require, in addition, such documents:

  • The court ' s decision, which is the basis for one of the divorcees ' imprisonment;
  • The declaration of incapacity of the spouse issued by the court;
  • A missing person ' s disappearance, which is officially proven.

In this case, the State is 350 rubles, regardless of the place of divorce: Zags in the city, the Russian consulate abroad or local self-government (villages, districts in the city) does not change the list of required documents.

It should be borne in mind that the experts and the authorities of the Zaghs check all the documents you have filed for their authenticity, and that their duties include talking to each of the divorced spouses in person and verifying that the application for divorce is correct.

If all the documents have been collected, the actions of the spouses have been agreed upon, then within a month, the divorce certificate shall be issued in the register (each of the spouses shall have his or her own copy); if, at the scheduled time, none of the divorced persons has received the document, according to the divorce procedure, he or she shall not be registered; the dissolution of the marriage shall not take place.

This means that if no spouse, on time, has received a certificate, the couple is considered to be married (rethinking to break up the relationship). The circumstances have not allowed either wife or husband to come to the zags. Prepare to start the divorce proceedings first. The UK of the Russian Federation clearly prescribes a time frame for each stage of the divorce proceedings without children and property.

Conclusion

It is impossible to start a life in a new way unless it is done in the past. In a registered relationship, it is necessary to dissolve the marriage and resolve all matters relating to the process. When the spouses have agreed and there are no children or property in the family, they should turn to the authorities of the Zags.

If one of the spouses is opposed to divorce, then there will be a trial for about three months, and the court can give the family time to reconcile, and that will further reduce the time of your freedom.

Therefore, in order to get out of the situation quickly, if the family is not bound by the common child, the house, the car, the joint case, the Russian law provides the option of divorce through Zags. In the UK, the procedure and procedure for divorce without children can be examined; it is important to collect the divorce certificate in time or it is cancelled.

Divorce by mutual consent without children through zags – timing

Couples divorce their children only through a court of law, but if a husband and wife do not have offspring, it will be easier for them to separate.

The only thing they're gonna have to discuss and decide is the need for divorce and the sharing of property.

It should be borne in mind that the civil registry does not deal with any problems other than divorce, so it is necessary to start the proceedings in advance.

The break-up in this institution is much easier and faster than in the courts, and you don't have to explain anything, give reasons, but it's worth a lot of money in modern times.

However, not all couples are entitled to the procedure in this way.

This requires:

  • to reach mutual agreement on the need to separate

For the registry, all matters must be resolved in advance and dealt with as much as possible. No claims by the parties should exist because the institution was not involved in resolving disputes.

Therefore, it is necessary to be prepared to give consent to the dissolution of a failed marriage and not to try to solve property, moral and any other problems in this institution.

The existence of common children makes it impossible to apply to the civil registry, and divorces of families with offspring are only made by the court.Children after the age of 18 are not an obstacle, nor are the children of one of the spouses if they have not been adopted or adopted by the second spouse.

As for foster children, their parents will also have to divorce through a court, and if they have a child in the custody of both spouses, they will also have to divorce through a court.

The exception is an emancipated child, a child who has started doing business or working under an employment contract, with which parents will not have to wait until he turns 18, nor will the court be needed.

Such a child is considered to be an adult.

An application written by the two parties is also a measure of voluntariness and mutual agreement.

The basic rules and grounds for divorce are described in detail in the Civil Status Act, Chapter 4.The text covers situations arising in the process of cohabitation and makes recommendations on how to divorce each of them.

Exceptions to the rule

The legislation provides for a number of cases in which it is possible to break up through the civil registry on the initiative of only one party and in the case of children:

One of the parties is incompetent.

It refers to the established inability to respond adequately to the situation and to make decisions that are the result of the diagnosed disease.

At the same time, chronic alcoholism or drug addiction is not taken into account (these cases of divorce are dealt with by a court), and disputes over material assistance to a divorced spouse who is incompetent are also settled in court.

The husband/wife is considered dead

If a citizen is found missing, a divorce is permitted at the request of one party, which is conducted by the civil registry.

The husband/wife is serving a sentence for the offence committed

A spouse who has received a long period of time for an unlawful act may be separated unilaterally, his consent or disagreement shall not be taken into account.

These exceptions are listed in article 19 of the UK of the Russian Federation, which states that the children of one of the parties also do not prevent the official recognition of the marriage as dissolved.

We need to take a few steps:

  • write a divorce request (jointly or to each participant)
  • to pay the duty
  • file a document with the institution
  • Do not forget to follow a paper confirming the change in civil status 30 days from the date of filing. What is written in divorce papers via Zags (consensual, non-dispute, no children)

The document is prepared jointly.You can write two separate papers, or one, a husband or wife signs it, and it's a notary assurance.

The form of such paper is regulated by law and must be followed.

Form No. 8 shall be used with full consent and the following data shall be required:

  • Basic information on the passport, including the propiska (required for the two parties)
  • Information from the marriage certificate
  • address and other data on the institution to which the paper is sent
  • names to be given to the spouses after the divorce
  • Date of writing of the document, signature of the parties.

If the procedure was conducted unilaterally, Form No. 9 was applied; the forms were almost identical, but the reason for the application would have to be indicated in that form.

Information is provided on the court ' s decision (disability or sentence for a crime).

The package of additional documents is also very small and necessary:

  • passport
  • Payment document (payment of duties)
  • Marriage document
  • Judicial acts (if divorce is unilateral).

No one's gonna find out, a failed family is just gonna get divorced.

At the same time:

  • Change of status recorded
  • Written confirmation that two citizens have become free
  • Prints have been stamped and the necessary passport entry has been made.

Where documents are filed

The grounds and sequence of the divorce procedure are set out in article 19 of the UK of the Russian Federation.

An application and additional divorce documents may be filed:

  • Personally
  • fill-in online forms (gosport services)
  • At the public service center.

The institution itself is chosen at the place of registration of the parties, where the marriage was previously concluded.

If the avoidance occurs at the will of one party, the other party must be notified within a month.If the spouse is incompetent, the guardian shall be notified.

New Certificate

In lieu of a formal marriage certificate after the expiry of the prescribed period, the couple receives written confirmation of the non-existence of the marriage.

Two copies of the document are issued and the following information is provided:

  • names to be given to former spouses
  • information from the passport
  • Date of termination of divorce proceedings
  • Date of issuance of paper
  • Address of the institution that issued the document.

How much is a divorce?

The price hasn't changed in at least two years; it'll cost 650 rubles.Two parties will have to pay.

The document is also not free of charge and will cost the same amount.

If the participant is alone, he or she will pay 350 roubles (if the grounds permit the use of Article 19). Only one party will pay.

The money should be deposited in advance according to the agency ' s details.

Supplementary information

A quick divorce requires a personal presence on both sides.If one of the spouses is unable to come, he may send a representative with certain powers certified notarized.

  1. The agreement to break up can also be expressed in writing, and it must be certified.
  2. An application may be written and submitted by third parties if they have representative status, which is documented (a power of attorney written in a notary office).
  3. Although the civil registry does not share the property, in the event of a dispute over the property, divorce proceedings may be initiated first and then filed with the court for the settlement and acquisition of the share of the joint property.

It should be borne in mind that this institution will do nothing to reconcile the parties and preserve the family.Moreover, the registered divorce was not reviewed and no time was allowed for further reflection.

With the ability of the parties, the decision is final, so everything needs to be weighed before going to this facility.

The whole process is simple and easy, but only for those who divorce themselves who are able to negotiate property and other matters among themselves, and do not use the law to do so.

If no agreement was reached, it would be necessary to apply to the court, since the registry did not have the power to resolve disputes between citizens.

The right to family and divorce is not restricted by law, but couples without children are the easiest to break up.If there are children, the law requires parents to dissolve under the control of the law, in the interests of the children only, so that their rights are not infringed while adults destroy the family.

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Divorce by mutual consent: without children, how to formalize, deadlines

Divorce is a very painful procedure, even if there is no connection between the two, and if there are young children in the family, it becomes even more difficult to do so. A Russian woman is willing to live in a "active" family, creating an illusion of happiness, justified by what she does for the children. Of course, it will not last long, and the children of such parents will not appreciate it.

If the spouses (or one of them) did decide to break up, they would face a morally difficult procedure. Legally, it's absolutely not difficult.

In order to get a divorce, there is no need to contact lawyers and highly paid family lawyers; it's easy to do it on your own; you just have to read and follow the instructions.

Ways forward

When a decision is made, there are two ways to move forward on the road to freedom, depending on two things:

  • Whether children under the age of 18 are married
  • Whether an agreement has been reached between the parties on divorce

By answering these questions, it is easy to determine where to go.

First way, court: if there are children in the family, and by the time the parents are in a state of dissension, they are underage, or the parties do not express a mutual desire to divorce, one hopes to preserve the union, the other will have to go to court.

It matters!It is not lawful for a spouse to apply for divorce if her wife is pregnant (the pregnancy is confirmed by a medical certificate) and she is opposed to divorce and wishes to keep her family; and if the couple has a child who has not yet reached the age of one; but for the woman herself, this is not the rule; if she wishes, the parties will divorce.

In this case, the lawmaker does not rush into a young family and tries to protect the woman and her child by giving the spouses time to make an informed decision.

The second option: the civil registry: When both parties voluntarily wish to terminate their marriage, they do not have children under 18, they are offered a simpler procedure; the parties should divorce through the civil registry offices established in order to register such acts.

A further three cases have been defined by law in which one of the spouses is allowed to apply for divorce to the Zags department unilaterally, and the consent of the other spouse is not required.

This is permissible when the other spouse has been sentenced to more than 3 years ' imprisonment, and has been declared legally incompetent or missing.

Pay attention!All judicial acts provided in addition to the application shall be duly certified and shall contain information on the entry into force of the instrument.

Divorce procedure

The term "divorce" used in the conversation is not legally reflected anywhere, and the term "dissolution of marriage" is enshrined in law.

Article 19 of the Criminal Code regulates the possibility of and requirements for divorce through the Zaghs authorities.

Families who meet the requirements set out in the article, if they wish to divorce, can process the procedure through Zangs; this is much faster, more morally easier and less time-consuming than litigation.

Unlike the court procedure, there's no need to tell you why you've decided to break up, the registry staff won't try to reconcile the spouses and keep the family together.

This approach is appropriate for people who have made a well - thought - out, responsible decision, rather than being subject to severe emotional pressure.

Pay attention!In court, it is not uncommon for a woman to say why she wants to divorce and then, a few days later, to make peace with her husband, to withdraw her application; indeed, in practice, most of these marriages are dissolved when the party's patience runs out.

As you go all the way to freedom, and as you go through the zags, it looks like this:

  1. To begin with, you have to decide which territorial body you have to go to. This may be the same department where their marriage once took place. But you don't have to. You can just go to the nearest department where the parties live, or even someone else, especially when the spouses live in different cities. Then it's easier to come together and file documents than waiting for a subpoena from the court.
  2. Paying g/p for 650 rubles each.
  3. Don't forget to bring all the necessary things with you (the identity document, the original of the first marriage document, the check book for g/p, additional documents if necessary), the spouses come together to the Zags section, where they express a mutual desire to dissolve the previous marriage.
  4. In advance (after 30 days), the two return to the Zags to formalize the dissolution of their marriage with a record in the barn book, confirming their intentions again.

If one of the couple does not appear on the day due to respect, the freedom will have to be delayed, the application procedure will be delayed and the entire process will take a little longer, but without the personal will of both spouses, the marriage will not be dissolved.

If the spouses choose to keep the family or, for no apparent reason, do not come at the appointed time, their application will be withdrawn; and if necessary, the application may be renewed, but the previously paid g/s will not be returned.

You can pay for g/p in any bank or even online by printing a receipt, and most importantly, you need to have the right props that are best taken from the organ of the zags or from the website of the body itself.

It matters!The requisitions should be carefully checked; different cities, and sometimes parts of the city, may have different props to pay for g/p.

The divorce procedure by one of the spouses is virtually the same as the standard one where two are present; the only difference is that the spouse transmits the application alone, the consent of the other party is not required, but it is imperative that the basis for the application be supported by a judicial act (sentencing, other act).

Otherwise, it's the same thing, and in time, it's going to take the same 30 days, and then you can get papers and be free of family ties.

Under general civil law, any person may issue a notarized power of attorney to represent his or her interests before the courts and other authorities; this is a frequent practice in cases of property litigation between former spouses.

Application for divorce with and without children, divorce procedure in 2018 by mutual consent

In cases where the spouses have finally decided to break up and are prepared to terminate the relationship, there is no dispute about the matter, nor is there a desire to keep the family, the dissolution of the marriage in 2018 will vary depending on whether or not there are minor children in the family.

If there are no offspring, the couple will have a simple procedure to follow: just to go together and file the required divorce application through mutual consent.

If a child is born in a marriage who, at the time of the parents ' decision to divorce, has not reached the age of majority (or one of them has not reached the age of majority), one of the spouses will have to resort to a poor procedure, to a court of law; this is not as scary as it seems, and with the right approach, it will not take much longer, although the mandatory procedural time limits will have to wait.

The spouses will have to fill out the proposed application form by contacting the Zags and must read it carefully, carefully and fill in each point of the application form.

Form of application for divorce through Zags

How long it takes to get a divorce through the register

In addition to the generally accepted information on a married couple, the application completes the details of their first family document, as well as their nationality and nationality, and it is important for women to fill out their future family name correctly if they wish to return their maiden name, so that they can immediately identify and save themselves from further trouble.

It matters!Attached to the application are the original of the first family document (cv), receipts for payment g/p, other additional documents (judicial acts).

In preparing for a court case, it is wise to collect a package of documents in advance, taking samples on the Internet, or better, on the official resource of the area where the claim is brought, and in fact there is no single claim form, you can write on a blank sheet, respecting all the mandatory elements.

You can also go to court without a statement, but you can take all the documents, and you can write the right statement on the spot on the basis of a model, plus you can immediately identify the area and write it in the name of the judge. If you have already paid for g/p (600 rubles), you can submit a ready package of documents through the office.

  • If the application for marriage is filed with the court, additional documents must be attached according to the list indicated in the annex to the application.
  • All documents, including the statement of claim, shall be filed with the court in two copies, except a receipt of g/p.
  • If the judge considers it necessary to provide any other documents without which it is impossible to accept the application, the claimant will be notified and the claim will be dismissed until the defects are corrected.

Dissolution of marriage.

30 days from the day of the joint application for divorce to the Zagsa organs, the spouses of yesterday may come for an official divorce document; this period is well established for the spouses to re-examine and finalize their views on the family.

Before the end of the month, either spouse has the right to withdraw the application and to keep the family.

It matters!The deadline is from the day following the day of registration of the application in the register; if the thirtieth day is the day off, the procedure is postponed to the next working day.

The exact date of the marriage shall be communicated to the spouses at the time of the application.

When the procedure is processed in court, the entire procedure will last a little longer; no sooner than a month from the date of the registration of the claim, there will be a trial, before the parties will be called by the secretary for the discussion; with the consent of the defendant, the marriage will be dissolved, but it will have to wait until the court's decision becomes enforceable.

But if the defendant wishes to keep the family, the judge will be given up to three months to reconcile. In the end, if the reconciliation does not take place and the plaintiff insists, the marriage is dissolved.

It appears that consent to the dissolution of a marriage is not required, even if there are minor children in the family.

Marriage dissolved when there is a registration document

Submission of divorce documents through the IFC

Modern technologies in public services and public services allow for applications for divorce through the Multifunctional Centre (IFC).

The procedure and requirements here are the same as if they were submitted directly to the Zags, but the waiting period may be somewhat prolonged; in general, such a service for processing through the IFC is not perfect to date.

The IFC has been established in Russia to provide public and municipal services to citizens on the "one window" principle, meaning that whatever authority you need, you can go to the IFC with courage.

It should be noted that, in order to obtain a registration service and apply for divorce, it is necessary to go to the IFC at the location of the Zagsa authority where the marriage was registered, which is certainly a big negative. If the marriage was entered into in another city, this is no longer the case.

It matters!It is necessary to make sure that this service is available in the right region before carrying documents for r/marrying at the IFC.

The requirements for applying for divorce through the IFC are the same as when applying for divorce before the Zangs authority: consent of the parties and absence of children under 18 years of age.

In general, it is worth saying that the usefulness of applying to the IFC for a service such as divorce is highly controversial, without even considering that the Multifunctional Centres system does not provide such a service in all regions.

The course of action and the list of requirements here are exactly the same as when you go to Zangs, which is not the competence of the IFC staff dealing with many services, the need to work in various continuously updated programmes.

Even if a competent officer was to help deal with any problem, properly fill out the application and deal with the documents, it would still take days to wait for the age of the marriage document to be done directly through the Zags' organs.

I think it's only appropriate if IFCs are around and there's no rush to divorce.

Divorce through the civil registry

The divorce procedure in the civil registry is virtually the same as the registration of the marriage.

The divorce procedure in the civil registry is virtually the same as the registration of the marriage; every civil registration authority performs only a technical function without interfering in the personal affairs of citizens.

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What is needed for divorce in the civil registry?

Application for dissolution of a marriage, how to file for divorce

If a couple divorces their marriage by mutual consent, their divorce must be confirmed by a joint declaration, and a special form of the prescribed form shall be used for this purpose. The application for divorce shall normally be filed at the wife's or husband's place of residence on specified reception days. A schedule may be found in the register, usually published on the website of the institution.

In the event that one of the spouses is unable to attend for a valid reason, he or she may file it on his or her own.

If the husband does not have the opportunity to appear in the registry office in person to file for divorce in the registry, he may transmit the application through a representative or send it by post.

But then his signature must be certified by a notary, otherwise the document will be null and void and will not be considered by the staff of the registry.

The law considers as valid the reasons for the absence of a citizen at the time of the application for divorce:

  • A serious illness;
  • Service in the army;
  • Long-term departure on mission;
  • Living in a very hard-to-reach area from which it is not possible to get out for a long time;
  • To serve a sentence in places of deprivation of liberty.

Registration documents for divorce

According to article 33 of the Civil Status Act, any application for dissolution if a divorce is executed in the civil registry by mutual consent must contain several mandatory paragraphs:

  • The FIO of the spouses;
  • The address by which they live;
  • Information on citizenship is required when a divorce is processed through the civil registry;
  • The names chosen by the parties in the event of divorce: the spouses have the opportunity to return to their surnames which they carried before the marriage;
  • The details of the registration of the marriage certificate.

All these documents are required for divorce in the civil registry.

If the application is made in accordance with all the rules, the civil registry official who accepts the divorce documents through the civil registry shall give him a special registration number and shall record the date of dissolution of the marriage; this is mandatory; in another case, the acceptance of the documents will not be established and they will not be used for the dissolution of the marriage.

Conditions for divorce

Russian legislation clearly specifies which documents for divorce in the registry must be provided and how divorce through the registry should be carried out if there is a divorce in the registry by mutual consent.

How do you get a divorce through the D.A.S.A.?

Marriage can be broken up in the civil registry:

  • With the mutual consent of the husband and wife;
  • In the absence of a couple of children who have not attained the age of majority, the procedure for divorce through the civil registry without children is quite simple.

If one of the parties has young children who have not been adopted by the other party, the marriage is also easily dissolved in the civil registry.

If one of the spouses actively disagrees with the divorce and does not appear within the prescribed time limit in the civil registry, the marriage will have to be dissolved in court, in which case divorce through the civil registry is not possible.

If the divorce has been carried out on the basis of a court decision, it is still registered in the civil registry, which requires the provision of documents for divorce in the registry, an extract from the court decision and a statement; this is all that is required for divorce in the registry.

The procedure is carried out on the indicated days of admission, in which case the divorce documents, through the register, also include a declaration, which is written on a form specially designed and prescribed by law.

Only one of the spouses or his guardian may apply, i.e. without the presence of the other party (in trust on behalf of the spouse).

This facilitates divorce through the civil registry if the divorce has been previously decided by the court.

Divorce procedure: divorce by mutual consent in the civil registry

The procedure for the dissolution of a marriage in the civil registry is very simple, but it is only possible if the spouses have no differences or minor children.

Only divorce in court was possible, and in order for divorce to take place in the Zags, it was necessary to know the days of admission to the nearest civil registry office, which was located at the place of residence, and to file an application.

In addition, it can be done by means of a formal electronic system.

Any person in Russia has the right to register a divorce in the civil registry, but only if it is a divorce without children and property through the civil registry.

Divorce by mutual consent takes place fairly quickly and does not require any additional documentation.

Divorce proceedings through the civil registry without children

Divorce through the civil registry takes place when the documents required for divorce are in place in the civil registry; divorce through the civil registry without children and divorce procedures are provided for the parties to provide the documents necessary for the procedure.

In the first place, the spouses apply for divorce and other documents for divorce in the civil registry, the form of which was approved by Government Decision No. 1274 of 31 October 1998.

In addition, in order to obtain divorce through the civil registry, the parties submit documents for divorce to the civil registry:

  • Passport;
  • Marriage certificate;
  • A certificate of payment for the public service;
  • Court decisions concerning the husband or wife.

That's how divorce goes without children and property through the civil registry.

Divorce in the Zags department unilaterally

An application for divorce can also be made by way of a single application, and divorce through the civil registry without the presence of the spouse is possible in a number of cases established by law:

  • If the second spouse has been found missing in court;
  • If it has been declared incompetent;
  • If he has been convicted for more than three years and is in prison.

In doing so, the party filing the application unilaterally in order to record the divorce in the registry must provide the staff of the registry with documents that confirm that the other party has been declared incompetent, etc.

In turn, the staff of the registry office responsible for the divorce in the registry are required to notify the spouse or his guardian of the application only if he or she has not disappeared.

Divorce through the civil registry without the presence of the spouse

How can a divorce be processed through the register if the other spouse is not known? To admit that a person is missing is to be found only in court. The grounds for doing so are the Family Code of the Russian Federation. A person may be declared missing if no information on his place of residence is available during the year, in which case the person concerned may file a complaint with the court.

If a person ' s place of residence is discovered after a period of time, the court shall revoke its decision and give him back all his rights, including the property, in a situation where the divorce was carried out unilaterally, e.g. through the civil registry, the newly born spouse may revoke it; this is possible if the second spouse is not at that time in a new marriage (art. 26).

Divorce through the civil registry: value

A divorce can be registered in the civil registry and the value of which is clearly specified in the law, if the State fee for divorce in the registry is paid.

The dissolution of a marriage is possible only in the event of the payment of the civil service for divorce through the civil registry; in general, the amount of the civil service depends on whether the marriage is dissolved in court or in the civil registry; for example, if the divorce takes place in court, account is taken of the division of property and the savings of the spouses.

The divorce fee for the civil registry in 2016 is 650 roubles for each party by mutual consent of the husband and wife; if the whole divorce procedure takes place unilaterally and the application is submitted without the presence of the other party, the amount of the government fee for divorce through the civil registry is 350 roubles.

In order for the duty to be paid correctly, it is necessary to specify the amount of the fee and to obtain bank details in the civil registry. The fact is that these requisitions often change, so it is easy to make a mistake. When the duty is paid, a receipt containing the following information must be provided:

  • FIO;
  • Passport data;
  • IDN;
  • SNILS;
  • The name of the registry;
  • Bank details of the civil registry authority;
  • The amount of the duty;
  • Date;
  • signature.

Divorce certificate

After divorce, both parties receive a certificate on the dates of admission, i.e. a document confirming the official dissolution of the marriage.

Each of the spouses must obtain the original document confirming the dissolution of the marriage in the registry; if one of them cannot be present at the issuance of the document, it may not be issued to a third party, even if he has the power of attorney.

The divorce certificate when a divorce occurs through the civil registry must contain the following particulars:

The FIO of the spouses;

  • The details of their passports;
  • The date of the termination of the marriage and the registration thereof;
  • Information on the place of registration;
  • Date of issuance of the document.

Time frame for divorce proceedings through the civil registry

The law gives both spouses one month after the application for divorce and the divorce documents have been filed in the civil registry (all that is required for divorce in the registry) to change their minds and be able to revoke them (art. 19). If the divorce period in the registry has expired and no one has withdrawn the application, the divorce is registered by the State.

When the period expires on public holidays or weekends, the day of the end of the period is postponed to the following working day: the parties must obtain a divorce certificate and the former spouses ' passports must also indicate that the divorce through the register has been completed.

If the spouses change their mind within a month and decide to cancel their application, they must report to the civil registry office; if they fail to do so, the marriage will not be dissolved.

Divorce in the registry office is simple enough, but it requires only the preparation of documents for divorce in the registry office, the preparation of an application, the payment of the State Secretary ' s fees and the filing of all the documents, as well as information on how to obtain a divorce through the registry office.

It is important that there be no obstacles to this, such as underage children; in Russia, only divorce through the civil registry without children is possible.

A divorce may also be granted without the presence of a second spouse if there is every legitimate reason to do so.

Reference to main publication
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