State duty for divorce in 2021: how much does a divorce cost through the registry office and court

The amount of state duty for divorce in 2021 in Russia

In 2021, the cost of the state divorce fee has not changed.

Through the registry office

To submit an application through the civil registry office, Art. 333.26 of the Tax Code of the Russian Federation the following state duty amounts are currently established:

• with mutual consent of the spouses - 650 rubles ;
• in case of divorce based on a court decision (registration of termination of marriage) – 650 rubles ;
• in the event of the unknown absence of the spouse, his incapacity, or if he is in prison, the amount of the state duty will be 350 rubles , only the applicant will need to pay it.

Through the court

The cost of divorce through court, regardless of whether a claim is filed in the magistrates' or district court, is fixed. The state duty will be 600 rubles , which is fixed by the provisions of Art. 333.19 Tax Code of the Russian Federation.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

If, along with the divorce claim, other demands are also made, for example, collection of alimony, division of property, or determination of the order of communication with children, then the total amount of the fee payable when applying to the court must be calculated individually, based on the circumstances of the particular case.

If you have any questions regarding the calculation of duties, our expert lawyers will provide free legal advice online. ATTEND A QUESTION

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Amount of duty for division of property

Combining claims for divorce and division of property in 2021 also entails a significant increase in the amount of state duty. Unlike the fixed fee for ending a marriage, the fee for division of property depends directly on the value of the disputed assets divided between the spouses.

The amount of the duty linked to the price of the claim is determined by Art. 333.19 of the Tax Code of the Russian Federation, namely clause 1, clause 1 of this article.

The fee will be calculated as follows

The resulting fee for the division of property is added to the divorce fee. You can pay either separately or with one receipt, but lawyers advise paying for each claim with a separate receipt - this will simplify the verification of the fee by court employees and will be useful if you suddenly change your mind about filing a claim with combined claims.

Example . Citizen Z. filed a claim for divorce and division of property. The total cost of property (apartment and car) is 3 million rubles. The plaintiff claims a share worth 1.5 million rubles, and therefore the duty will be calculated from this amount.

• the base duty will be 13,200 rubles;
• 5% of the amount exceeding 1 million will be (500 thousand * 0.5%) 2500 rubles;
• the total fee for division of property will be 15,700 rubles.

In total, plaintiff Z. will have to pay when filing a claim for division and divorce:

• 600 rubles fee for divorce in [current_date format='Y'] year;
• 15,700 rubles for division of property.

As mentioned above, it is better to pay for this in separate receipts.

Important! To calculate the fee for the division of property, not the value of the entire property is used, but only the value of the share that the plaintiff wants to win for himself.

Who pays the state fee during a divorce?

If the spouses agree to divorce through the registry office, as well as when registering a divorce based on a court decision, the amount of 650 rubles must be paid by each spouse.

Even if, according to a court decision, one of the spouses applied for registration of divorce, the second in any case will be required to pay a fee when applying for his copy of the divorce certificate.

When submitting an application through the registry office without the consent of the second spouse in exceptional cases, a fee in the amount of 350 rubles is paid only by the applicant.

Such cases include:

• divorce when one of the spouses is declared incompetent;
• upon divorce from a spouse recognized as missing;
• if the spouse is sentenced to imprisonment for a term exceeding 3 years.

This is the only exception in which only one of the spouses pays the divorce fee.

When going to court, a fee in the amount of 600 rubles is paid directly by the plaintiff, and when a decision is made, the same amount is also collected from the defendant.

Thus, both spouses will pay the fee for a divorce in court, as well as for a divorce through a civil registry office.

Receipt validity period

People often ask how long the receipt is valid and whether it can be used, for example, in a year. Everyone’s situations are different, some have changed their minds about getting married, and some don’t have money for a wedding.

We hasten to please you, according to our legislation, you can use your receipt at any time for the rest of your life; it has no time limits.

In addition, if you change your mind about getting married to someone, no one forbids you to use the same receipt at a wedding with another person.

Just remember that the amount is constantly growing, if 2 years ago they took 200 rubles for registering a marriage, now the amount is 350 rubles. And there are no guarantees that in a year the amount will not increase to 500-1000 rubles.

How long is the state duty valid?

The validity period of the document confirming the fact of payment of the state duty is not established by law..

Since to confirm the fact of payment of the state fee it is necessary to submit the original payment document, it is understood that the original receipt submitted along with the documents to the registry office or to the court is valid indefinitely.

Courts and the registry office do not have the right to refuse to accept documents confirming payment of the fee if its payment was made within a reasonable time (no more than 3 years, as a rule).

Courts, however, often apply, by analogy with the statute of limitations, the three-year validity period of the payment document for payment of state duty. That is, if you paid the fee more than 3 years ago, you no longer have the right to use this document.

This practice seems controversial and can be challenged in a higher court if your claim is rejected on the grounds of “overdue state duty.”

How to confirm payment of state duty

The types of documents confirming payment of the state fee are given in Letter of the Ministry of Finance of the Russian Federation dated January 30, 2014 No. 03-05-06-03/3614:

• a payment order bearing the mark of a bank or the corresponding division of the Federal Treasury or other competent government agency - to confirm the non-cash form of depositing funds;
• a receipt of the established standard, which is issued to the client by the bank or cash desk of the authority where the payment was made - to certify its cash form;
• information on payment of state duty contained in the State Information System provided for by No. 210-FZ.

The Tax Code of the Russian Federation does not contain information about the payment of state duties through organizations that are not banks. For example, you cannot deposit money through various payment agents, as well as through their terminals. This can only be done using the methods listed above.

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Is it possible to return the state fee for a divorce?

The state fee for divorce is refundable only if the consideration of the case does not take place, the claim is returned to the applicant, or the court refuses to accept it. The fee can also be returned if you paid it, but did not use the receipt to go to court. For example, changing your mind about divorcing your spouse.

To return the fee, you need to obtain a certificate from the court stating that no procedural actions were carried out against you and that the submitted receipt was not accepted by the court. Then you need to contact the tax service with this certificate.

If the plaintiff refuses the claim, the fee paid will not be refunded!

If the fee has been paid to apply to the registry office, you can directly contact the tax office by presenting the original receipt or certificate (check) from the bank.

Where can I get a receipt for the state fee for divorce through the court?

If a husband and wife have minor children and/or have acquired common property during their family life, then they have a direct route to court. The following materials must be attached to the lawsuit:

1. A statement of claim containing information about the spouses, the name of the civil registry office that registered the marriage, the reasons that prompted the parties to dissolve the relationship, the parties’ claims against each other, information about minor children.
2. Copy of wife's passport.
3. Copy of husband's passport.
4. Document on the birth of minor heirs, if any. If a couple has offspring whose age is over 18 years old, their interests are not taken into account by the court, with the exception of children with childhood disabilities of group 1.
5. Marriage registration document.
6. Documents about existing property. This is relevant if the spouses were unable to peacefully agree on how much, who and what will get after separation.
7. Property valuation certificate. The paper will definitely be needed when calculating the state duty.
8. Family composition document.
9. A certificate confirming the income of both parties when it comes to establishing the amount of child support or how much each spouse must pay monthly to pay off common debts.
10. A document confirming the incapacity to work of one or both spouses in the event that the party applies for financial assistance from the other half.
11. Certificates of existing loans, if the spouses intend to divide obligations through the court.
12. A marriage contract, if such a document is concluded between the parties.
13. A receipt for the state fee for divorce, which is valid for a month after payment.
14. Other documents as required by the court.

How to pay the state fee for divorce?

1. The first step is to obtain the details or receipt for payment of the fee before filing for divorce. Depending on the authority you plan to contact (registry office, magistrates' court or district court), the payment details will differ. Be sure to check them on the official website of the authority or directly at the reception.
2. Decide on the amount of the fee. If there are no other requirements when filing a claim for divorce in court, follow the information above or, to be on the safe side, contact the lawyers of our portal for a free online consultation.
3. Pay the state fee at any bank branch or at self-service terminals. Be sure to take the received documents and save them before contacting the government agency.
4. Attach the original receipt to the divorce document package.

Receipt

You can obtain a receipt for payment of the divorce fee directly from the court where the divorce will be performed.

Payment details can also be found on the official website of the court to which the claim is being filed.

Important! Do not use the details of another court to pay the fee! In this case, your claim will not be accepted, since each court has its own details, differing in OKPO and OKTMO codes.

When submitted to the district court, a receipt can be generated automatically through the website, indicating your full name and amount.

When paying the fee using online banking details, you will need to contact a bank branch to obtain supporting documents or print a check order at a self-service terminal.

Sample and form of receipt

In the details of this receipt you need to fill in the following fields: - OKTMO code - Payer information - Payer registration address - Amount of state duty - Date of payment

In the image below you can see in detail how to fill out the form and what it should look like.

If you don’t want to make payments on the last day, download the forms, print them out and fill out all the details at home. You can visit the website of the registry office to which you will submit your application. Remember that the bride or groom can fill out the information; only one of the future spouses pays the state fee.

Other expenses

During the trial and if other demands are made in addition to the divorce, the plaintiff and defendant will have to bear some additional legal costs.

Additional

Additional costs may include:

• payment for the participation of specialists or psychologists, if necessary, to obtain an opinion from them regarding the child;
• expenses for a forensic psychological examination appointed to determine the child’s greatest attachment to one of the parents;
• expenses for conducting appraisal or construction-technical examinations, if the claim for divorce states a requirement for division of property;
• expenses for making copies of documents, travel to the meeting place, etc.

It is impossible to even roughly indicate the limits of the amounts of expenses in the listed cases. The cost of the assessment can vary from 4,000 rubles for vehicles and real estate. Complex examinations cost up to several tens of thousands of rubles.

The issue of compensation to the parties for expenses incurred for certain legal costs is decided individually in each case and with mandatory consideration of the merits of the decision.

Thus, when dividing property simultaneously with a divorce, fees and other expenses will be collected in proportion to the amounts awarded.

Notary

When going to court through a representative, as well as when sending a notarized application for divorce to the registry office without presence, you will additionally need to incur a number of expenses for notary services and fees for notarial acts.

The fees are:

• certificate of application - 100 rubles;
• power of attorney – 200.

However, notaries, in addition to the fee, also issue an invoice for the so-called “technical work” - drawing up a document, affixing a certifying inscription, etc. The cost of these services is set by regulations of notary chambers, so they vary depending on the region.

Compensation for these expenses during a divorce through the registry office is impossible, but through the court it is allowed within the limits of the awarded claims. If the claim is satisfied, the plaintiff’s expenses may be compensated at the expense of the defendant.

Preparation of documents.

Features of registering family relationships are described in the Family Code of Russia and Federal Law No. 143.

It is proposed to register them at the registry office at the place of residence of the future husband or wife.

In this case, several basic conditions for registration, which are enshrined in law, should be taken into account:

• To submit documents to formalize the relationship, the personal presence of both parties is required.
• The date of marriage is set no earlier than one month from the date of application to government authorities. If there are special reasons, this period can be reduced.
• Both spouses must be legally capable and of legal age.
• To register a marriage, the voluntary consent of both parties is required.

Recently, electronic resources have become widespread, which allow you to save time and avoid visiting government agencies in person.

Therefore, applicants are interested in the question of how to submit an application to the Civil Registry Office through State Services.

To use the official portal, you should follow the following steps.

• Login or register an account.
• Find the form and write down all the information regarding the first applicant.
• Click send and wait until the second applicant enters the necessary information about himself.
• Pay the state fee.

The other party will receive a message by e-mail that he needs to fill out the paper. The document will be accepted when confirmation of payment of the fee is received.