Has the bill on payment of a fee of 30,000 rubles for divorce entered into force?

Home/Divorce registration/Fine for divorce in 2021

Dissolution of marital relations in the Russian Federation is possible in two ways: administrative procedure through the registry office and judicial proceedings. Divorce is a legally significant process, which, like many others, is subject to a state fee, which is often confused with a fine. In addition, a number of expenses and additional expenses arise, this is especially true in the case of divorce through the court. The legislator has repeatedly developed a law establishing a fine for divorce.

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Has the bill establishing a fine for divorce come into effect in 2021? What is the amount of the penalty? What costs will spouses have to bear during the divorce process? You can read about all this and much more in our article.

Are there penalties for divorce?

The legislator emphasizes the importance of the family as a unit of society in numerous regulations, including the Constitution of the Russian Federation, the Family Code of the Russian Federation and many others. In this regard, the divorce process is not encouraged, but, on the contrary, condemned by the state. That is why several years ago, in 2013, D. A. Medvedev put forward an initiative to introduce the so-called fine for divorce. It was supposed to increase the amount of the state fee when submitting documents for dissolution of a marriage to 30,000 rubles.

Society reacted sharply negatively to the upcoming reform. The proposal to establish a fine for divorce caused a stir in the media. It is worth clarifying that the bill was about increasing the amount of the state duty, and not about establishing penalties. What is the difference? You should understand what a fine is:

1. This is a type of punishment provided for a person committing an administrative offense or crime. This definition is reflected in Art. 3.5 Code of Administrative Offenses of the Russian Federation.
2. This is a monetary penalty imposed by authorized bodies.
3. The amount of the fine is established by the norms of the Code of Administrative Offenses and the Criminal Code of the Russian Federation.

Note:
In addition, the state fee for divorce in 2021 is fixed by the provisions of the Tax Code of the Russian Federation and does not imply holding a person liable.

Currently, the presented initiative has not been reflected in practice, this is due to the fact that the cost of living in 2021 is 11,000 - 13,000 rubles. The amount of the fine for divorce cannot significantly exceed the amount of wages. This limits the freedom of choice of citizens and violates the principle of voluntariness when dissolving a marriage between spouses. However, the goal of reducing the number of divorces cannot be achieved by increasing the fee. Thus, in 2021, the amount of the state fee for divorce does not change, in addition, there is no fine in the amount of 30,000 rubles.

A fine of 30,000 rubles for divorce. When will the new law come into force?

Today, society is actively discussing the topic of raising the level of state fees for divorce to thirty thousand rubles. Discussions on this topic began after the speech of the Prime Minister of the Russian Federation Dmitry Medvedev. It was he who proposed such a significant increase in the duty. However, it is worth saying right away that not everything that is said by the prime minister or president of the country immediately becomes law and is subject to immediate execution.

At present, such an increase is not envisaged. There is no law or bill that would increase the state duty. Therefore, there is no need to rush for this very reason, since even if such an initiative is expressed in a bill, quite a lot of time will pass before such a law comes into force.

Who pays the fine upon divorce?

During the divorce process, the state fee will be paid by the spouses. However, the general rule is complemented by some subtleties:

1. According to clause 5, part 1, art. 333.20 of the Tax Code of the Russian Federation, when filing a claim for divorce in court, the fee is paid by the plaintiff, that is, the one who filed the claim.
2. Within the meaning of clause 2, part 1, art. 333.26 of the Tax Code of the Russian Federation, when filing an application for divorce with the registry office, the fee is paid by each spouse separately. This is due to the fact that both will be issued separate certificates.
3. Item 2, part 1, art. 333.26 of the Tax Code of the Russian Federation also indicates that if one of the spouses is in prison, declared dead or missing, then the fine is paid by the second, who requires a divorce.

In 2021, the Tax Code of the Russian Federation establishes categories of citizens who are exempt from paying fees for divorce. According to Art. 333.35 Tax Code of the Russian Federation, art. 89 of the Code of Civil Procedure of the Russian Federation, these include:

1. Plaintiffs in the case of the collection of alimony.
2. Disabled people of 1st and 2nd groups. It does not matter whether the disability was congenital or acquired.
3. Veterans of the Great Patriotic War or other military actions, persons - former prisoners.
4. Heroes of the Soviet Union, Russian Federation.
5. Citizens who have received the title of Knight of the Order of Glory.

In the case of paying the state fee to the court, the plaintiff may demand the return of the divorce fine. This is possible in a situation where the judge made a decision in favor of the applicant, then a petition is filed with a request to recover funds from the defendant in the amount of the amount paid. This rule is specified in Art. 93 Code of Civil Procedure of the Russian Federation, Art. 333.40 Tax Code of the Russian Federation. You can download the application for exemption from paying the fee in 2021 here.

Attention

The plaintiff has the right to recover from the defendant not only the amount of the state duty, but also other expenses that he incurred in the trial. These include payment for examinations, services of representatives, etc.

An approximate sample application for a refund in 2021 is available.

Where and how to pay the state fee?

In order to pay the state fee, you must...

1. Determine where to file a claim for divorce...

• to the civil registry office (at the place of marriage registration, at the place of residence of one or both spouses);
• to a judicial authority (magistrate, district or city court, at the place of residence of the plaintiff or defendant);

1. Calculate the amount of state duty paid;
2. Obtain from the civil registry office or the judicial authority the details for paying the state fee;
3. Pay the state fee;
4. Attach a receipt for the payment made (indicating the details of the registry office or court) to the application or statement of claim for divorce.

In case of divorce through the registry office

After the wife and her husband submit a paper to the registry office with a request to terminate the marriage relationship and transfer the amount of the fine to the state treasury, the registry office employee will set a date for registering the dissolution of family ties.

If both spouses or one of them do not come to formalize the divorce, then their joint application becomes invalid.

It is impossible to return the state fee after this. If the spouses want to once again submit documents to terminate the marriage, they will have to pay the state fee in full again.

In case of divorce through court

Amount of penalties in case of divorce

The divorce process cannot be regulated by one rule; there are many individual situations and subtleties, depending on which not only the divorce procedure changes, but also the size of the fine. To make it easier to understand all cost options in 2021, you can refer to the table.

Attention
The table shows the amount of the fine in case of divorce through the court without division of property. If there are disputes about real and movable property, the amount of state duty will depend on the price of the claim. According to Art. 91 of the Code of Civil Procedure of the Russian Federation, the cost of the statement of claim for the division of property and funds is equal to the value of the property and the amount of the amount.

Once the value of the claim has been calculated, the amount of the duty in 2021 can be determined using the table below:

The indicated dimensions are determined by clause 1, part 1, art. 333.19 of the Tax Code of the Russian Federation, the minimum and maximum limits of duties are also indicated there. Thus, the value cannot be less than 400 rubles, and more than 60,000 rubles. Therefore, if the amount of the fine for divorce is 370 rubles, then it is rounded up to 400 and, on the contrary, when the figure is 72,000 rubles, it is reduced to 60 thousand.

Calculation of state duty

When filing an application for dissolution of the union, the question arises when the divorce fine of 30,000 will come into force. No such law was adopted in 2021. However, the question of raising the duty is raised regularly.

Spouses will have to pay a significant amount during a divorce. Let's consider the options:

Example 1. The parties mutually decided to divorce. But they have minor children. The man goes to the magistrate's court with a statement of claim. He pays a fee of 600 rubles. After the court's decision, the parties register the divorce in the registry office. Each spouse pays 650 rubles.

Example 2. The husband filed for divorce and division of property. The amount of the duty increases depending on the value of the disputed property:

• if the value of the disputed property does not exceed 20,000 rubles, then the applicant will make a payment in the amount of 4% of the price of the property, but not less than 400 rubles;
• with a property value of 100,000 rubles. The fee will be 800 rubles. and 3% of the cost of the object;
• if the price of the object is less than 200,000 rubles, then the duty will be 3,200 rubles. and 2% of its cost;
• if the property price is less than RUR 1,000,000. the applicant will pay 5200 rubles. and 1% of its cost;
• if the value of the property exceeds 1,000,000 rubles, then the duty is 13,200 and 0.5% of the value;
• the maximum duty is 60,000 rubles.

To calculate the fee, not the full cost of the object is used, but the share claimed by the applicant. For example, if the requirements include ½ share for an apartment costing 2,000,000 rubles, the duty is calculated from 1,000,000 rubles.

How much does divorce cost with legal fees?

Legal costs under the 2021 legislation primarily refer to all types of expenses that a plaintiff may incur when filing a claim and during the trial process. First of all, when getting a divorce, you must pay a state fee; without this, the authorized bodies will not accept the claim. In addition to the divorce fine, you may incur the following costs:

1. Involving third parties to participate in the process, for example witnesses - it is necessary to pay for their travel and accommodation. This is true if the divorce takes place in another city.
2. Payment for expert examinations – the cost of examinations depends on the type, number of questions raised, and the specifics of the production. On average, prices range from 20 to 100 thousand.
3. If the defendant avoids appearing in court, it is necessary to apply search measures - sending notifications by mail, traveling to a possible location, etc.
4. Postage.
5. Payment for the services of a representative is relevant if the parties have used the help of competent lawyers. Prices for representative services in 2021 may vary significantly depending on the city and the competence of the lawyer. On average, from 15 to 40 thousand, depending on the duration of the process.
6. If the spouses decide to enter into an agreement and have it certified by a notary, it is necessary to pay for his services. In accordance with Art. 333.24 of the Tax Code of the Russian Federation, the cost of certification of the agreement is 250 rubles. Additional payment is made for copy certification and storage services, which is enshrined in Art. 22.1 Federal Law “On Notaries”.

Approximate prices for legal services in 2021 are presented in the table:

The costs presented are approximate and no specific cost can be determined at the outset. This depends on the degree of agreement of the parties and readiness for reconciliation. In some situations, the costs are limited to the size of the divorce fine, while in others the amounts exceed 100,000 rubles.

State duty for divorce in 2021: cost through the court and the registry office; amount, amount for divorce

So, dissolution of a legal family with the help of the registry office is the simplest and least financially expensive method. As is known, spouses seeking a divorce can apply here only in cases where they do not have children under 18 years of age and there are no mutual claims.

1. The spouses did not appear at the court hearing on the specified date. In this case, the case will be closed.
2. Absence of one of the spouses at the meeting. The reasons why this happened will be clarified and the meeting will be rescheduled for another period. If justifiable reasons are provided, the time limits will be modified depending on the circumstances of the case. If there are no valid factors, the decision will be made in absentia.
3. If both parties appear, the decision is made at the initial meeting. However, this is possible provided that the rights of children under 18 years of age are not violated, and there is no conflict about the division of property.

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:

1. 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.
2. 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:

1. The period for deferring the payment of fines during a divorce cannot exceed 12 months.
2. For the entire period, no interest is imposed on the duty amount and the cost remains fixed.
3. 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.
4. Installment plans or deferments are not provided in parallel for several taxes or duties.
5. 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.

Has the bill on payment of a fee of 30,000 rubles for divorce entered into force?

According to D. Medvedev, such a bill was supposed to help people who want to get married to take a more responsible approach to creating a family unit in society. The ex-Prime Minister did not want such an amount to become a fine; he pointed out that the best solution would be to increase the amount of the state fee that is paid upon divorce. But many people did not support the amendment due to the fact that such a law would limit the constitutional rights of citizens. On top of that, as of the fall of 2013, the average salary was 11,000 rubles, so paying a fee of 30 thousand would be unaffordable for most Russians.

1. Both spouses agree to divorce, do not intend to divide jointly acquired property and do not have common children who have not reached adulthood.
2. Upon application to the registry office of one of the spouses with a statement, the content of which contains a confirming fact that the husband or wife is considered missing, dead, or imprisoned for a period of 3 years.

• the spouses must agree to the divorce and must write a divorce application together (or an authorized representative of one of them or both parties must be present);
• there should be no common children under 18 years of age (natural or adopted);
• There should be no property disputes.

• the statement of claim itself in the prescribed form indicating the reason for the divorce (for example, the standard “do not get along”);
• applicant's passport;
• marriage certificate;
• documents on the birth or adoption of children (if available);
• various agreements, if they are concluded by the parties: on the procedure for paying alimony, on the order of living of children, on the procedure for using the premises, on the division of property, and so on;
• assessment of the value of the disputed property;
• documents from the bank about the availability of loans or mortgages;
• marriage contract;
• other evidence, if necessary (for example, if domestic violence is indicated as the reason for divorce, then you need to submit a certificate from a medical institution about the nature of the beatings inflicted or a copy of the resolution on bringing the other party to administrative responsibility for beatings (from the district police officer); if the dispute concerns property that is inherited - a copy of the will certified by a notary, if the property (for example, an apartment) was acquired before marriage - a copy of the registration certificate with a date preceding the moment of marriage); a copy of the receipt for payment of the state duty.

As for the severance of family relations through the courts, the tax payment in 2021 will be 850 rubles. Payment is made before the start of the family dispute, but this does not guarantee that the spouses will not be given the opportunity to reconcile. In addition, we must not forget about attorney fees. These expenses must be added to the general list.

This is the simplest procedure, which takes no more than a month, but, alas, the registry office can not dissolve a couple’s family relationship in all cases. To contact the registry office, you need to confirm the mutual desire to divorce the spouses. In addition, a number of other conditions must be met: the absence of children, reluctance to divide property, the absence of scandals and complaints regarding divorce.

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Options for paying state fees during divorce

Before paying the state fee, you must contact the court or the registry office in order to obtain the details. You can now go and pay with them. In 2021, several ways to pay the fine for divorce have been developed:

1. At a bank branch through a cash desk, many choose this option, but you should understand that payment does not go through immediately and the funds arrive within a few days. In addition, a bank branch is not always nearby, specialists cannot provide quick service, and queues arise.
2. A post office with money collection services is a similar option to the previous one.
3. At a terminal or ATM. If we are talking about the registry office, then they are often located right on the premises, where you can easily make a payment and receive a receipt.
4. Through online banking – through the bank’s application or website. A fairly modern and simple way to pay a fine in case of divorce, an electronic check can be easily printed so that it can then be attached to the application.

Modern technologies make it possible to quickly and easily make a payment, receive a receipt and print it. Everyone will be able to choose the most convenient and suitable option for themselves. It is noteworthy that the fee can be paid through State Services when submitting an application; it will cost even less than applying in person.

Additional expenses

The question arises: 30,000 for divorce, when will it take effect? In 2018, such a bill is not being considered. But the law establishes additional legal costs for those divorcing a marriage.

Upon dissolution of a marriage, it may be necessary to pay:

• forensic examinations, assessments, opinions;
• notarial acts;
• legal services.

Costs for the court

The statement of claim may include additional requirements:

• on determining the place of residence of children;
• on the division of property;
• on determining the order of communication with children;
• about challenging paternity and others.

Solving such issues requires the involvement of additional specialists. The applicant will have to pay for expert actions:

• child psychologist;
• expert appraiser;
• genetic expert.

The amount of payment depends on the subject of the Russian Federation and the individual prices of the company.

Notarial actions

Is it true that a divorce costs 30 thousand? If the parties enter into a marriage contract or an agreement on the division of property before dissolving the union, then the payment amount may be greater.

The cost of notarial acts will vary depending on the amount of property included in the document.

The parties must remember that marital contact cannot include information about the place of residence of children and the financial support of minors. This will require a child support agreement. Payment for this document is carried out separately.

Legal assistance

Independent actions of the parties when filing a divorce are advisable only if there are no disputes between the spouses. To resolve conflict issues, it is necessary to involve a lawyer. He will file a statement of claim, help with collecting documents and represent the citizen’s interests in court.

The lawyer will warn the client when the 30 thousand for divorce comes into force. However, his help will cost the citizen a significant amount. Its value varies depending on the region and company prices. However, if there is a conflict, saving on a lawyer can cause major losses for the applicant.

In 2021, there is no penalty for divorce. However, the process is far from cheap. The amount that the parties will have to pay varies depending on the presence/absence of minor children, property and other disputes between parents.

Payment of fines in case of divorce through State Services

In order to pay the state fee through the portal in 2021, you must fill out an application for divorce. Every citizen of the Russian Federation has the right to register on the website www.gosuslugi.ru. In this case, it becomes possible to request various services, order certificates and documents, find out the amount of debt and much more. In order to receive the service of paying a fine for divorce through State Services, you must:

1. Follow the link www.gosuslugi.ru, this will open the main page of the portal. At this stage, you must understand that the registration and identity confirmation procedure will be completed in advance in accordance with the established procedure. Find the “Personal Account” button, next to which there is a key icon, click on the link.
2. A new window will appear showing fields for filling in personal data. You can choose the option of logging in through a phone number, or through your SNILS number. We enter the necessary information, this is the number as a login and password. After that, click the “Login” button.
4. After some time, the system will redirect you to the main page, but at the same time, within the framework of your personal account, the opportunity to purchase the service will be available. At the top of the page there is a white search bar; enter the phrase “Divorce” into it. If this is your first time on the portal, you can look at the categories in which the lists of services will be revealed, there select the link “Registration of divorce”.
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5. After you open the link with the name of the service, a list of some grounds and conditions for which divorce is possible will appear. You can choose to dissolve the union based on a court decision, either by mutual consent, or unilaterally according to the rules provided by law. Once you find the link you need, click on it. A page will open with a description of the provided class=”aligncenter” width=”759″ height=”321″[/img]
6. Find the floating button “Get a service”, click on it. The system will boot and a message will appear stating that the application must be signed with a digital signature; click “Continue” only if there is one. In the opposite situation, it is better to close the page, submit the application and pay the fee in person, because the portal will not process the application without a digital signature. Fill out all the fields provided by the site.

7. If necessary, invite your spouse and fill out information about him. In addition, the advantage of paying a divorce fine through the website is the ability to choose a visit time and date that is convenient for you. On the map you also need to select the registry office, whose employees will issue the document and officially formalize the divorce.
8. Only at this stage, when personal information is entered on the site, can you proceed to payment. You can transfer funds through an electronic wallet, bank card or phone number. A pleasant bonus awaits every applicant; instead of 650 rubles, you need to transfer 455 rubles - the portal developers have provided a 30% discount.
9. At the final stage, when the transfer of money is successful, the system will download the application and notify you about the success of the procedure. Now you can go to your personal account, track the application path, which indicates the place, time and date of the personal appointment during which the certificate is collected.

For your information,
the State Services Portal provides many advantages for applicants. This saves time and money; in addition, employees and specialists quickly process the application for payment of the state fee for divorce and make a decision on it. You only need to remember one thing, to receive the service you need a qualified signature.

Even Mizulina is against it

It just so happens that while the president’s proposals most often immediately turn into laws, the prime minister’s proposals are met with hostility.

The first reaction to the idea of ​​strengthening marriage ties by increasing the state duty on divorce turned out to be more than skeptical.

, State Duma deputy Elena Mizulina, spoke out against the new proposal . “If spouses don’t want to live together, you can’t stop them through taxes. Therefore, I don’t understand why we should simply increase the state duty for divorce, what’s the point. Making life difficult for people so that they live like cats and dogs and continue to live together because they don’t have the money to pay state fees is cynical and immoral,” Interfax quotes a well-known supporter of the “anti-gay law.”

Lawyers suggest that the introduction of a “draconian” divorce tax can indeed reduce the number of broken marriages, but only formally - many separated couples who have de facto terminated family relationships will maintain official ties out of savings.

Member of the Public Chamber Boris Altshuler expressed a position that is shared by many commentators - the possible introduction of a new duty will reduce the number of those who register a marriage and increase the number of so-called “civil marriages.”

And the famous poet Igor Guberman joked on his Twitter, noting that now in Russia they will collect money for divorce at weddings.

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Payment of state fees for divorce through Sberbank Online

The advantages of paying a fine for divorce through Sberbank Online in 2021 are expressed in:

1. You can pay any duty, regardless of region and location.
2. Money transfers are organized around the clock; no visit to a branch is required.
3. Payments arrive in accounts within a few minutes.
4. The bank does not charge a fee for paying the state fee for divorce, so excess funds will not go to third parties.

In order to make a payment through online banking, you must have a credit or debit card; connected mobile bank; access to your personal account or Sberbank application. The sequence of actions to pay the fine for divorce in 2021 is as follows:

1. First you need to go to the Sberbank Online website. After this, the system will take you to the main page, on the left side of which there will be fields for entering your login and password. It can be received both through the terminal and via SMS upon registration. Enter the information and click the “Login” button.
2. The main menu will open, which will display the “Transfers and Payments” field, go to it. We click, after which a page with types of services loads: transfer between accounts, transfer to another bank, to a Sberbank client, transfer to an organization, and others.
3. In the tab that appears, you will see the Field “Taxes, Fines, Duties, Budget Payments”. Under the title there are several links with the names of government authorities and recipients, including “Registrar Office”.

4. Follow the link “Registrar Office”. Fields will open with the details that needed to be obtained in advance, as a rule, this is the name of the recipient, address, TIN. After this, enter the name of the payment, you can write: “state fee for divorce.” OKTMO, KBK, passport data and information about the payer are also indicated here. Click the continue button, after which you will receive an SMS with a code to the phone number to which the mobile bank is linked. Enter this code in the field, after which the system processes the payment and indicates the success or refusal of the money transfer.

This is a fairly simple and optimal option for paying the state fee for divorce, which is available to every bank client. There is no 30% discount provided here, but in general the procedure is similar to transfer through State Services.

Divorce in Russia from the Holy Synod to complete liberalism

The reasons for the state’s new initiative are clear: family ties in Russia remain very fragile. Despite some improvement in the situation over the last decade, associated with relative economic stability, every second marriage in Russia ends in divorce. This does not have the most positive effect on the demographic situation and adds headaches to the state associated with providing social assistance to children raised in single-parent families.

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Despite the growing influence of the church in recent years, modern Russia is far from the situation in the 19th century, when Orthodox Christians needed permission from the Holy Synod to divorce. It could be obtained only in an extremely limited number of cases: with proven adultery, bigamy (as well as bigamy), the presence of a premarital illness that prevents marriage, the unknown absence of a spouse for more than 5 years, conviction for a serious crime, including exile or deprivation of the rights of an estate, as well as monasticism (only in the absence of young children).

As a result, according to statistics from 1897, in Russia there was 1 divorced man per 1000 men, and 2 divorced men per 1000 women.

But this externally ideal picture was explained precisely by the practical impossibility of divorce. As a result, family dramas, when relationships reached a dead end and there was no way out, dragged on for decades, sometimes ending in murders or suicides, which was reflected even in Russian literature.

After the revolution of 1917, absolute freedom set in in family relations, in which registration and divorce became a matter of a few minutes. For a divorce, an application submitted to the registry office by one of the spouses was sufficient.

Such anarchy ended during the Stalinist period, when the decision to dissolve a marriage was transferred to the courts. Divorce became a public matter, and the public put active pressure on the separating spouses. A break in marriage, although not always, could quite often have a negative impact on a career.

In the post-Stalin period, citizens were again given relaxations in matters of divorce, although divorce was still left to the courts.

In modern Russia, a marriage is dissolved in court only if the spouses have minor children. In the absence of such and mutual agreement to separate, citizens can formalize the severance of relations in the registry office.

As practice shows, today divorcing couples in Russia are tormented not so much by moral issues as by problems of property division.

How much is the state fee paid for divorce?

In the event that citizens paid the fee for divorce, but after some time decided not to get a divorce or postponed the deadline, the question arises, how long can the receipt be valid? A document confirming the fact of transfer of funds, be it a check, receipt or other act, is valid for 3 years. Thus, if the spouses change their minds and after a year, two, a year and a half, decide to divorce again, they can do this with the old receipt, which indicates the amount of the fine. It should be taken into account that the amount of the fee may change; if it increases, the difference will need to be paid and the receipt attached to the main one.

IMPORTANT

Some sources state that checks are only valid for a month, but this is not true. The validity period is 3 years.

Validity period and return methods

There is an opinion that the fine for divorce of 30,000 rubles has come into force. But the information is not true. The fee continues to be a significantly lower amount. But I want to return even a small amount in case of non-receipt of the service.

The law defines the administrative divorce process as follows:

• submitting an application to the registry office;
• a return visit to the authorized body after 30 days to register the dissolution of the union.

If on the specified day the parties do not appear to register the divorce, the application is canceled. The fee goes to the budget and is not refundable.

Divorce in court has a different procedure. The fee payment receipt is valid for 3 years. During this period, the citizen can file an application with the court.

If an application is filed and the claim is abandoned or the parties reconcile, the fee is not refunded. Returning an application to correct deficiencies is not a reason to pay the fee again. Payment continues to apply.

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.

Receipt for payment of duty and required details

This document confirms the fact of payment of the state duty and consists of the following details:

• designation of the body providing legal services;
• payer data;
• name of the payment being made;
• TIN;
• amount required for payment;
• date of payment;
• signature;
• checkpoint;
• BIC;
• OKTMO;
• account number to which the required amount will be transferred.

The details of the electronic check issued when making a payment will be the same.

Nuances

Issues of paying state fees for divorce proceedings have a significant impact on the financial situation of the applicant. Therefore, you should familiarize yourself with some unusual situations and options for resolving them:

1. The spouse was sentenced to imprisonment - Art. 19 of the RF IC provides for the possibility of unilateral divorce. In addition, Art. 333.26 of the Tax Code of the Russian Federation provides for a preferential fee in the case where one of the spouses is in prison for a period of 3 or more years. An applicant who is not under persecution has the right to submit an application by paying 350 rubles.
2. If one of the spouses is declared missing or deceased by a court decision. Similar to the situation mentioned above, a unilateral divorce procedure is possible, then the amount under Part 2 of Art. 333.26 of the Tax Code of the Russian Federation will be 350 rubles.
3. When a spouse stays in a foreign country for a long time, the procedure and payment of a fine for divorce is organized by the general rules provided for by the RF IC. Thus, the amount of the fee will be the same as the payer. In court, the applicant pays a fee, if the divorce goes through the registry office - it is necessary to pay a fine for divorce by both parties to obtain 2 certificates.

Each situation has its own characteristics and subtleties, so if you have questions, it is better to contact an experienced lawyer. When this is not possible, ask all your questions to an authorized employee, this could be a civil registry office specialist, or a secretary or assistant judge.

Results

So, the size and procedure for calculating the state duty are influenced by the following factors:

1. divorce procedure: administrative (in the registry office) or judicial;
2. resolution of related disputes and disagreements (about jointly acquired property, about the collection of alimony, about place of residence or raising children);
3. the value of jointly acquired property.

Taking into account all the factors, it is difficult to name the exact amount of the state duty - it can vary from 350 rubles to several thousand or even tens of thousands of rubles.

In addition to the state fee, additional costs may arise during the divorce process - transport, postal (for sending documents to the registry office or the court at the place of consideration of the case), notary (for certification of powers of attorney or concluding agreements), administrative (for obtaining additional certificates or duplicates).

So for some, the total cost of the divorce will be limited by the amount of the state fee, while for others it will not be possible to avoid attracting additional financial resources to pay the expenses listed above.

If that treasured divorce certificate is worth it, don't let the price of divorce stop you.