Marriage and divorce are two sides of the same coin. Marriage testifies to the desire of people to live together and build their relationships, and divorce says that people have ceased to be close to each other. But in addition to personal claims, you need to understand that divorce involves legal aspects. In particular, spouses are subject to a state divorce fee, which they must pay in order to obtain a new status.
Current prices for divorce proceedings for 2021 have changed slightly. The state fee for divorce in 2021 largely depends on the authority where the procedure will take place. Prices may be different in court or in the registry office. Also, the final amount of the state duty is influenced by the fact of division of property (more precisely, whether it takes place) and the value of the divided property. Having collected all these factors, we can talk about the final amount that will be contributed by the former spouses when the marriage is dissolved.
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
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.
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
| Cost of claim | The fee is fixed | Additional percentage |
| Up to 20 thousand rubles | 4% of the claim amount but at least 400 rubles | No additional interest |
| from 20,001 rubles to 100,000 rubles | 800 rubles | 3% of the amount exceeding 20 thousand rubles. |
| from 100,001 to 200,000 rubles | 3200 rubles | 2% of the amount exceeding 100 thousand rubles |
| from 200,001 to 1,000,000 rubles | 5200 rubles | 1% of the amount over 200 thousand rubles |
| More than 1 million rubles | 13,200 rubles | 0.5% of the amount over 1 million rubles, but the duty cannot exceed 60,000 rubles in total. |
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.
Common Mistakes
In conclusion, I would like to pay special attention to the mistakes that spouses often make during the divorce process.
Absolute trust
Despite the impending divorce, spouses sometimes do not lose trust and warm feelings for their partner, which can sometimes turn out to be not the best outcome for them. Unfortunately, some people go to the so-called. an inconspicuous divorce, when, for example, a spouse files an application, hiding this information from her husband. According to the law, if the defendant (which is the husband in this situation) does not appear in court, then the divorce is filed in absentia on those grounds that will be most convenient for the wife.
In some cases, one spouse may hide filing for divorce from their partner
As a result, the husband may accumulate debts, which leads to predictable problems with the law. To get out of such a difficult situation you will need to go through a long and difficult path:
- hire a competent lawyer;
- provide evidence that the defendant knew nothing about the divorce;
- annul the divorce.
As a rule, such “scams” are carried out if the spouse moves to another city. In this regard, when moving, it is recommended to hire a lawyer who would take responsibility for all notifications received in the mailbox.
In order for alimony debts to be invalidated, the divorce will need to be annulled.
Ignoring notarization
Often, spouses prefer to refuse the services of specialists because they believe that they can cope with drawing up an agreement on their own. However, as practice shows, such arrogance can lead to big problems in the future. The presence of a neutral party in the form of a lawyer will allow you to take into account the interests of both parties and draw up a correct document in which all requirements will be clearly outlined.
Notarization will help avoid possible conflicts
Illiterate division of property
The division of property is one of the most problematic issues in the divorce process. The division includes only the property that the spouses acquired directly during the period of marriage and belongs to the category of jointly acquired property. As a rule, each party is interested in owning a larger share.
Common arguments include the following:
- living together with a common child;
- greater financial contribution to the acquisition of property and so on.
The division of property during a divorce requires legal savvy of each party.
But in court proceedings, this evidence turns out to be largely ineffective. That is why an experienced lawyer, when defending his client, will prove that he invested finances in the property that were available before marriage.
Unreasonable self-confidence
Some spouses are absolutely sure that certain pieces of real estate will remain theirs under any circumstances. For example, a client may own property that belonged to him before marriage. It is considered personal and indivisible, which reduces the chances that the husband will sue her to almost zero.
When dividing property, it is advisable to enlist the support of a lawyer.
And indeed, according to the law, only its owner can claim this house or apartment. However, according to the same law, if major repairs were carried out at a given facility with the money of both spouses, then from now on it becomes common. Among the so-called integral improvements include:
- wiring;
- gasification;
- covering the walls with plaster.
Therefore, if desired and due legal support, the spouse can claim his rights to something that, as it seemed to the client, has nothing to do with him. Thus, according to the logic of divorce proceedings, victory remains with the one who is most savvy in legal matters.
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.
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.
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.”
What is divorce of spouses
Official divorce is the dissolution of a marriage between spouses. It is not enough to simply move to different apartments, stop communicating and run a joint household. Divorce means that it occurs in the prescribed manner, with the receipt of official documents confirming that the marriage is terminated.
Only those spouses who entered into it through the registry office can dissolve a marriage. The word divorce is not used in family law; it is colloquial. It is correct to say, and even more so to write in official documents, divorce.
A marriage can be ended not only by its dissolution; the marriage ends in the event of the death of the spouse, and in some cases the marriage can be declared invalid.
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.
○ Average cost of legal services.
In certain situations, you cannot do without qualified assistance from specialists. After all, the desire to save on the services of a lawyer and understand the laws on your own can result in additional expenses.
Assistance may, for example, be required in preparing a statement of claim and submitting a package of documents to the court, in representing interests, in drawing up and filing petitions, and in appealing court decisions. Some law firms offer service packages for managing the divorce process, as well as such a comprehensive one.
The cost of a lawyer’s services directly depends on the complexity of a particular situation, as well as on the timing and scope of his work.
The average prices for legal services in Moscow are as follows:
- Oral consultation on divorce - 1,500 rubles.
- Written consultation - from RUB 2,500.
- Preparation of a statement of claim for divorce - from RUB 3,500.
- Representation of interests before a magistrate - 25,000 rubles.
- Representation of interests in federal court in a case of division of property - from RUB 30,000.
In St. Petersburg:
- Oral consultation on divorce - 1,000 rubles.
- Written consultation - from RUB 2,000.
- Preparation of a statement of claim for divorce - from 3,000 rubles.
- Representation of interests before a magistrate - 20,000 rubles.
- Representation of interests in a federal court in a case of division of property - from RUB 45,000.
In other regions:
- Oral consultation on divorce – from 1000 rubles.
- Written consultation - from 2500 rub.
- Preparation of a statement of claim for divorce - from 3,000 rubles.
- Representation of interests before a magistrate - 20,000 rubles.
- Representation of interests in federal court in a case of division of property - from RUB 30,000.
How to pay the state fee for divorce?
- 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.
- 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.
- 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.
- 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.
Legal issues
What is the state fee for divorce through court with children in 2021?
If you divorce with children in 2021, you will have to pay:
1. If the parents have decided with whom the children will live - 600 rubles. (state fee for divorce) and 1,300 rubles . (for registering a divorce in the registry office). 2. If there is a dispute about children - 600 rubles . (state fee for divorce), 300 rubles . – for each additional requirement and 1,300 rubles. (for registering a divorce in the registry office).
To collect child support through the court, you do not need to pay a state fee.
And to conclude an alimony agreement with a notary, you will have to pay 500 rubles . as a state duty and from 8,000 rubles . – for technical and notarial services.
How much is the state fee for divorce in 2021 through court with 2 children?
If parents want to settle claims for each child separately, then the fees for a dispute over children will double.
For example, Irina filed for divorce and determination of the place of residence of her son Ivan with her husband and daughter Valentina with her mother. In this case, she will have to pay 600 rubles. – for divorce, 300 rubles. – for determining the daughter’s place of residence, 300 rubles. for determining the place of residence of his son. Total – 1,200 rub.
The amount of the fee at the registry office (RUB 1,300) remains unchanged.
Where can I get the details of the magistrate's court to pay the state fee for divorce?
It is better to obtain payment details directly from the court clerk.
Court specialists rarely ensure that information about the details on websites is up to date. Therefore, there is a high probability of depositing money in the wrong place. Of course, they can be returned, but this will require a lot of time and nerves. You can find the address of the court site using the GAS Justice service. Enter the defendant’s registered address in the form and click on the “Find” button.
How to pay the state fee for divorce at Sberbank?
You can pay the state duty at Sberbank in the following ways:
Through the cash desk at a bank branch. To do this you need to have: - a receipt with the correct details; - passport; — money in cash or on a Sberbank card.
Through Sberbank online. To do this, you need to have a personal account in the Sberbank-online service, payment details, and money on your Sberbank card. Additionally, you need to know your TIN. Note! The service does not automatically provide court details.
Through an ATM. This is the most difficult way. To make a payment you must enter:
- payment details; — your data; — TIN; - residential address.
How to pay the state fee for divorce through State Services?
You can pay the state fee through State Services only when submitting an electronic application through the service.
In this case, the fee will be 455 rubles. Payment goes through the service. Therefore, you need to prepare a bank card for payment and a phone number to confirm payment in advance.
You can make payments using Visa, MasterCard, MIR bank cards and electronic services Webmoney, Yandex.Money, ELPLAT, QIWI Wallet.
How long does the state duty for divorce last?
That's a moot point.
As a general rule, a receipt for payment of state fees for divorce is valid for 3 years. But during this period, the amount of duty or payment details may change. Therefore, if you paid the fee and did not file for divorce, it is better to return the amount paid immediately.
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.
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.
The legislative framework
| Name of the law | Articles from the law |
| Family Code of Russia |
|
| Tax Code of Russia (part 2) |
|
| Civil Procedure Code of Russia |
|
| Civil Code of Russia (part 1) |
|
Collection of alimony, division of property
Unfortunately, if, in addition to the divorce itself, you have questions related to the payment of alimony, the division of property located outside the Russian Federation, then in any case you will have to face a foreign court, even if the issue of alimony has already been resolved in a Russian court.
Recommended reading:
Divorce and children: with which of you will the child live?
Division of property of spouses: term of division, shares of property of spouses and other nuances
Liability for non-payment
Due to the fact that the procedure, amounts and features of the state duty are established by the norms of the Tax Code of the Russian Federation, liability measures are regulated by the same law. Art. 122 of the Tax Code of the Russian Federation establishes liability for failure to fulfill obligations to pay a fine for divorce. In this situation, the tax service acts as an administrator, taking responsibility for the flow of funds into the regional and federal budgets.
Within the meaning of Art. 20 of the Budget Code, in case of non-payment of the fine for divorce, the inspection of the Federal Tax Service of the Russian Federation has the right to recover the unpaid amount. In accordance with Art. 428 of the Code of Civil Procedure of the Russian Federation, the court issues a writ of execution against the debtor and sends it to the Federal Tax Service of the Russian Federation. Tax specialists review the writ of execution and then collect the required amount. In addition, the tax office has the right to impose a fine for late fulfillment of the obligation to deposit funds for divorce.
When is it necessary to pay a fine?
In order to understand the period for paying a fine for divorce, you need to refer to the legislation:
- Part 1 art. 132 of the Code of Civil Procedure of the Russian Federation indicates that when filing a statement of claim, it is necessary to attach a receipt indicating payment of the fee.
- Art. 10 of the Federal Law “On Civil Status Acts” regulates the need to pay a fee for registering a divorce record.
Thus, the fine is always paid before the divorce procedure begins. The corresponding receipt is attached to the application to the authorized body, be it a court or a registry office. However, the legislation in 2021 provides for the possibility of deferring the payment of the duty. This right is enshrined in Art. 90 Code of Civil Procedure of the Russian Federation. Deferment is a postponement of the due date for payment of the duty, that is, the court can consider the claim without the paid duty, the money can be transferred later. Installment plan is a phased payment of the divorce fine over a specified period. The basic rules of procedure are established in Art. 64, 333.41 Tax Code of the Russian Federation:
- The period for deferring the payment of fines during a divorce cannot exceed 12 months.
- For the entire period, no interest is imposed on the duty amount and the cost remains fixed.
- Can only be provided to a person whose financial situation does not allow payment on time. The following reasons are specified by law: damage to the plaintiff as a result of a disaster or emergency; the threat of signs of bankruptcy, etc.
- Installment plans or deferments are not provided in parallel for several taxes or duties.
- In order for the court to make a decision, it is necessary to write a corresponding petition and confirm the impossibility of fulfilling the obligation. This could be bank account statements, income statements, emergency statements, or others.
In practice, such requests to defer the fine for the divorce procedure are always recorded in writing.
A sample document on deferment of payment of state duty is available.
Complex cases
Divorce from an absent spouse
One of such cases can be considered the termination of marital relations with a spouse, about whose place of residence the other spouse has not known anything for more than 1 year.
In order to get a divorce, the interested spouse must file a claim with the judicial authority with a request to recognize the other participant in the family union as missing. To support his own claims, the plaintiff must provide evidence to support his words. These may include:
- Materials from the case of the search for a citizen, taken from the police department of the Russian Ministry of Internal Affairs.
- Testimony of witnesses about the absence of the spouse at the place of registration.
An extract from the house register or housing office confirming the registration of the absent spouse.
The plaintiff attaches a receipt or check for payment of the state duty to the claim document. It is equal to 300 rubles.
After the court decision has been given legal force, the spouse brings it to the registry office and pays a fee to the state treasury for the production of a certificate confirming the fact of termination of marriage in the amount of 350 rubles. After receiving a certificate of dissolution of the family union, the spouse is considered officially divorced.
Dispute over the amount of alimony
In this case, the plaintiff is obliged to transfer 150 rubles to the treasury, established by the Tax Code as the amount of the state fee for considering disagreements between the wife and husband on the issue of alimony payments.
This fee is paid in addition to the main fee charged for the consideration of a case of divorce or for the consideration of a dispute over the division of common assets.
