When can you dissolve a marriage by contacting the registry office?
According to Article 19 of the Family Code of the Russian Federation, you can divorce your spouse through the registry office if:
- both agree to divorce and do not have minor children together;
- spouse has gone missing;
- declared incompetent;
- sentenced to imprisonment for more than 3 years.
In the last three cases, it is possible to dissolve the marriage without the consent of the wife or husband, regardless of whether there are minor children together.
In all other cases, filing an application for divorce is done through the court.
What documents are needed for divorce?
If the spouses divorce by mutual consent and they do not have children together, the following must be submitted to the registry office:
- identification documents of the spouses;
- joint statement;
- marriage certificate;
- receipt for payment of state duty.
If divorce documents are sent online, then an enhanced qualified electronic signature of both spouses will also be required.
In the case where an application for divorce is filed by one of the spouses, provided that the second is missing, declared incompetent or sentenced to more than 3 years , the package includes:
- identification document;
- statement;
- marriage certificate;
- a copy of the court decision that has entered into legal force recognizing the spouse as missing, incompetent or sentenced to more than 3 years;
- receipt of payment of state duty.
The application and documents for divorce must be brought to the registry office at the place of residence of one of the spouses or at the place where the marriage was registered. You can also file for divorce through the MCF or electronically through State Services. In the last two options, the response should be a notification about the acceptance of documents and information about when and in which department of the registry office you need to pick up the divorce certificate.
Child support issue
In my case, there was no need to file a claim. We made an agreement that my ex-husband would transfer me a certain amount every month. But here everything depends on the nature of the relationship and the decency of the ex-spouse.
In such an agreement it is necessary to indicate the amount of monthly payments. If alimony is ordered by the court, then its amount is equal to at least 25% of the income of the former spouse if there is only one child in the family. If there are two children, then the amount will be 33%, if there are three - 50%.
If the defendant does not work, then alimony is awarded in any case. Their limit cannot be lower than 50%, 75% and 100% of the BPM for one, two and three children, respectively.
You can apply for alimony even without getting a divorce. This opportunity is provided for cases when the spouse does not participate in the financial support of the children (by doing so he violates the parent’s obligation, which is specified in Article 91 of the Code on Marriage and Family).
State duty for divorce
Why pay a fee upon divorce?
The specifics of providing state fees for divorce in 2021 and other situations are regulated by Chapter. 25.3 Tax Code of the Russian Federation. The norm reflects the amounts that must be paid for various legal actions. State duty is considered a federal tax. At the local level, they cannot change the amount of payment. Reducing or increasing the amount at the initiative of the regional authorities is considered a violation. Due to the state fee for divorce in 2021, the budget receives revenue, which subsequently goes to ensure the functioning of the authority or the system as a whole.
Do both spouses pay state fees for divorce in 2021 or just one?
If divorce is a mutual desire, and the married couple has the right to submit an application to the registry office, it is easier to terminate family legal relations.
However, the state fee for divorce in 2021 is paid by the man and the woman. When there are grounds for a unilateral divorce through the registry office (the spouse is in prison, missing or officially deprived of legal capacity), only the applicant provides the money (clause 2, clause 1, article 333.26). If family relationships can only be interrupted through legal proceedings, the state fee for divorce in 2021 is paid by the initiator of the process (Article 333.19 of the Tax Code of the Russian Federation). ATTENTION
The state provides benefits. In 2021, persons mentioned in Article 89 of the Code of Civil Procedure of the Russian Federation - veterans, disabled people, citizens applying to the court as part of proceedings to receive alimony - are exempt from making payments to the budget for divorce as a state fee in 2021.
What determines the amount of state duty in case of divorce?
The main document regulating the amount of state duties in Russia is the Tax Code (TC) of the Russian Federation. If we are talking about divorce at the same time as the division of the spouses’ property, then the cost of the state duty will be determined, including taking into account the provisions of the Civil Procedure Code (CCP) of the Russian Federation.
State duty is a mandatory payment levied for the implementation of legally significant actions or the issuance of documents by authorized bodies or officials.
Today, the cost of divorce will depend on how the divorce occurs between the spouses:
- through the registry office;
- in court (through the magistrates or district court).
In turn, divorce through the registry office and through the court also have their own characteristics regarding the payment of state fees and require more detailed consideration.
Fee at the registry office for a divorce certificate
To dissolve a family union through the civil registry office (registry office), the spouses must meet a number of mandatory conditions:
- The desire to hang must be mutual (except for cases specified by law).
- The couple has no common minor children.
- Spouses do not divide jointly acquired property.
If all the above conditions are met, the amount of the state fee (including obtaining a divorce certificate) will be 650 rubles. from each spouse (clause 2, part 1, article 333.26 of the Tax Code of the Russian Federation).
A receipt for payment of the state fee with the necessary details is issued by specialists of the civil registry office for payment at the nearest bank branch directly on the day of filing the divorce application.
A receipt for payment for this public service is a mandatory attachment to the application, and without it a divorce certificate cannot be issued.
simplify the application process and reduce the state fee by using the State Services portal. If a divorce is possible out of court, the spouses can fill out the form online, each in their personal account on State Services and pay the state fee with a 30% discount. As a result, the cost of the duty will be only 455 rubles. on each side .
State fee for unilateral divorce
In exceptional cases, the law does not prohibit unilateral divorce through the registry office (Part 2 of Article 19 of the RF IC) - when it is impossible to obtain the consent of the second spouse, since he:
- declared missing by the court;
- designated by a court decision as incompetent;
- imprisoned for more than 3 years.
When filing a unilateral application for dissolution of family ties, the applicant will have to pay a state fee of 350 rubles .
Cost of state duty for divorce through court
The amount of the amount for providing legal services for dissolving a family union through the court will cost the applicant more than an administrative divorce through the registry office, since in this case it is necessary to pay for two procedures at once:
Filing a claim for divorce in court (according to clause 5, part 1, article 333.19 of the Tax Code of the Russian Federation, the state duty when filing such an application in court is 600 rubles per plaintiff - applicant ).
Obtaining a divorce certificate from the civil registry office after the court decision on divorce has entered into legal force. According to clause 2, part 1, art. 333.26 of the Tax Code of the Russian Federation, the price of this procedure is 650 rubles. from each of the former spouses.
Thus, the plaintiff in this case will pay a fee in the amount of 1,250 rubles (for filing a claim + a certificate form from the registry office), and the defendant will pay only 650 rubles. (only for a state-issued document form).
You should know that there is no time limit for obtaining a divorce certificate itself - that is, you can contact the registry office for this document even after several months or years, by presenting the corresponding court decision.
If a claim for divorce is accepted for proceedings, and the spouses have decided to reconcile, the paid state fee is not refundable to the applicant.
A special place in claims for divorce is occupied by statements of claim with a simultaneous demand for the division of jointly acquired property.
State duty for divorce with division of property
If the claim for divorce is associated with the division of property, then the state duty, in accordance with the Tax and Civil Procedure Codes, will be paid separately for each of the disputes (clause 12, part 1, article 333.20 of the Tax Code of the Russian Federation):
- For divorce - in the amount of 600 rubles.
- For division of property - depending on the cost of the claim
Since the requirement to the court for the division of property relates to a number of requirements that are subject to assessment, the amount of the state duty is regulated by the norms of clause 1, part 1, art. 333.19 of the Tax Code of the Russian Federation and is calculated depending on the cost of the claim.
In turn, the cost of the claim:
- Calculated from the value of the property being divided.
- Determined by the plaintiff independently.
The fee for the division of property is paid before filing a claim, and a receipt for its payment is attached to other documents supporting the claim.
Calculation of state duty when dividing property of spouses
It is quite simple to independently calculate the amount that you need to pay when going to court - all you need is a calculator. The procedure for calculating the amount of the duty is prescribed in clause 1, part 1, art. 333.19 of the Tax Code of the Russian Federation and is tied to the price of the statement of claim (in rubles):
- if the claim amount is up to 20,000 rubles. — 4% of this amount, but not less than 400 rubles;
- at a price from 20,001 to 100,000 rubles. — the cost of the duty will be 800 rubles. + 3% of the amount exceeding 20,000;
- from 100,001 to 200,000 rubles. — state duty 3,200 rubles. + 2% of the amount over 100,000 rubles;
- from 200,001 to 1,000,000 rubles. — 5,200 rub. + 1% of the amount exceeding 200,000;
- over 1,000,000 rub. — 13,200 rub. + 0.5% of the amount over 1,000,000, but not more than 60,000 rubles in total. in favor of the state.
Thus, the minimum amount that division of property will cost is 400 rubles, and the maximum is 60,000 rubles. To the resulting amount you must add 600 rubles. — the cost of the fee for the divorce itself in court.
If the plaintiff, when filing a statement of claim, incorrectly determined the amount of the state duty, the court will make a ruling and independently indicate the required amount of the duty to be paid (Part 2 of Article 91 of the Code of Civil Procedure of the Russian Federation).
If, when filing a statement of claim, the plaintiff does not have the entire amount to pay the fee, it is possible to ask for a deferment (installment plan) of its payment, or a reduction in its amount due to the documented difficult financial situation of the plaintiff (Part 2 of Article 333.20 of the Tax Code of the Russian Federation).
What else will you have to pay for?
In addition to the main state fee for divorce in court, spouses must pay for state registration of civil status and the issuance of a divorce certificate. In this case, 650 rubles are collected from each side.
If, simultaneously with the claim for divorce, demands for division of property are filed, the plaintiff pays for them, based on the provisions of Art. 333.19. Often, divorce is accompanied by claims for the collection of alimony, establishing the place of residence of children and the time of communication with them.
Disputes related to the interests of minor citizens are not subject to state duty.
How to divorce a foreigner?
According to Article 160 of the RF IC, the dissolution of a marriage between citizens of the Russian Federation and foreigners or stateless persons, as well as a marriage between foreign citizens in Russia, is carried out according to the standard scheme - as in the case of a divorce among Russians. In this case, it is necessary to legalize all documents in a foreign language (unless otherwise provided by international treaties of the Russian Federation) and translate them into Russian. The correctness must be certified by a Russian notary.
Divorce proceedings with a foreigner or stateless person permanently residing in the territory of another state can be carried out both in Russia and abroad. But if one of the spouses, despite foreign citizenship, permanently resides in Russia, the divorce must be done on the territory of the Russian Federation.
If, for example, a Russian woman and her foreign husband live outside the Russian Federation, then the former has the right to file for divorce in the court of the Russian Federation. If, according to Russian law, divorce is possible through the registry office, then the procedure can take place at diplomatic missions or consular offices of the Russian Federation.
A divorce process that took place abroad under the laws of another country is recognized as valid in the Russian Federation.
Notary services during divorce proceedings
As a rule, very often during the official divorce of a marriage the services of a qualified notary may be needed.
In this case, you need to pay for the preparation of the relevant documents by a specialist. It is important that a servant of the law help draw up an agreement between husband and wife on the place of residence of their common minor children.
It must be exclusively in written form. Also, if one of the former spouses cannot visit the registry office, a power of attorney must be issued to represent his interests during the lengthy divorce process.
