Divorce without the presence of one spouse or without the participation of both parties

Since Russia is not America, where literally any civil disputes are resolved through the courts, and people do not see anything extraordinary in this, most of our citizens encounter the work of the courts extremely rarely.

Most often, their first (and sometimes only in life) interaction with the court is the divorce process.

It is not surprising that preparing documents, filing a claim, and attending a court hearing in itself causes them so much stress, anxiety, and uncertainty about the correctness of their actions. If the divorce is conflictual, the difficulties get worse.

In this article we will talk about how to properly draw up and submit a claim, what documents should be attached to it, and how the process will go.

Procedure for divorce

The easiest and fastest divorce occurs through the registry office - there is no need to go to court at all. But this procedure is not available to all couples, but only to those whose life situation meets the following conditions:

• Both spouses agree to the divorce and independently resolve all property disputes
• They have no children, or the children are already grown
• The consent of one of the spouses does not matter (he is incompetent, declared missing or serving a sentence in prison)

You can read more about the simplified divorce procedure, subject to the conditions listed above, in the article “Divorce in the Civil Registry Office” on the Prav.io portal.

If there are minor children, and the second spouse is available and capable, but does not agree to divorce through the registry office, legal proceedings, alas, are inevitable. Then you need to proceed as follows:

• Prepare mentally by studying as much information as possible about divorce through the court.
• Prepare a statement of claim. You can do this: on your own, by understanding the provisions of Article No. 131 of the Code of Civil Procedure of the Russian Federation, by downloading a sample from the Internet, by going to a legal consultation office, or by receiving legal advice.
• Determine the court to which you will appeal. Globally, if there are no particular disagreements, territorially, if there are disagreements. At the place of registration of the plaintiff or defendant. If you have small children, you can do both.
• Go there, get the details from the office and pay the state fee
• Prepare the necessary documents to attach the claim and submit them to the court office along with the claim and a receipt for payment of the fee.
• Wait for the date of the hearing appointed by the court and take part in it

Arbitrage practice

Judicial practice in divorce cases is extensive, it is replenished every day with more and more new cases. In the database of court decisions "Rospravosudie" you can find a similar case to your own situation and file a claim in a similar way.

Example from judicial practice No. 1:

Kharitonova V.A. filed a claim for divorce. In the lawsuit, she indicated not only her desire to divorce her husband, but also the fact of physical violence against her. She confirmed this statement with a copy of the statement to law enforcement agencies, as well as a certificate from the medical center where the woman was treated. Her husband did not agree to the divorce and directly stated that “the wife is exaggerating.” The court did not take into account the defendant’s arguments and divorced the spouses without setting a deadline for reconciliation, since the plaintiff really feared for her health.

Example from judicial practice No. 2:

Ivanova V.I. filed a petition for divorce and determination of the child’s place of residence. The woman's husband insisted that it was better for the child to live with him. The court considered all the arguments of the spouses, but the opinion of the minor son of the parties became decisive. The son stated that his father is indifferent to him and does not take any part in his life, while his mother, on the contrary, tries to do the maximum for him. Based on the child’s words, the court ruled in favor of the plaintiff. After the divorce was filed, the woman went to court again, but this time with an application for alimony.

There are many examples of divorce; hundreds of thousands of divorces are registered in Russia every year. Cases do not always proceed peacefully; in some cases, spouses are brought to administrative and criminal liability for threats of harm or for directly causing harm to the plaintiffs. Such cases cannot be called an exception to the rule, therefore, before filing for divorce, it is recommended to protect yourself and your children, find housing, move out, and only then go to court.

How to properly file an application for divorce in court?

The Family Code of the Russian Federation regulates in some detail the procedure for dissolving a marriage through the court, but it does not say anything regarding the rules for filing a claim. A claim for divorce, as such, is no different from other types of claims, therefore it is written according to the general rules provided for in the already mentioned Article No. 131 of the Code of Civil Procedure of the Russian Federation.

It is necessary to follow these rules. Otherwise, the court will not accept it for consideration, but will return it for revision. This will mean wasted time and the need to start all over again.

So, the basic rule is no corrections or erasures, no grammatical errors (at least gross ones that immediately catch the eye), a business-like and emotionally neutral style of presentation. You can write it by hand (only in legible handwriting) or type it on a computer and print it out - it doesn’t matter.

As for the design, it should be as follows:

• In the upper right corner there is a “Hat” - details of the parties. It must contain: The full and exact name of the judicial body, in some cases, the full name of the judge is written
• Full name of the plaintiff, his address, contact information
• Full name of the defendant, his address
• If the addresses of registration and actual place of residence do not match, you need to write both, with explanations: “registered at such-and-such an address,” actually lives at such-and-such an address.”
• If the claim contains a claim for division of property, you need to write the so-called “claim price” - the total value of the divided property. Based on this amount, the duty will be calculated, so the figure should be located where the office employee can easily see it - in the “Hat”

ATTENTION! The most questions from divorce claimants are raised by the so-called motivational part - the reason for the divorce.

Firstly, the real reasons for divorce are often unsightly - adultery, rudeness, assault, alcohol abuse, sexual perversion - and you don’t want to bring them up for public discussion.

Secondly, sometimes even the spouses themselves do not really understand why they want to separate - life together has simply become unbearable. And how to formulate this?

In fact, the real reasons for divorce are not important to the court. The motivational part is a pure formality. What matters to the court is only the presence/absence of the possibility of reconciling the spouses and preserving the marriage. This means that the absence of a “valid” reason for divorce may prompt the court to postpone the consideration of the case and set a “period for reconciliation”, which will be 1-3 months.

If you do not want to “make peace”, but, on the contrary, want to complete the unpleasant but necessary divorce procedure as quickly as possible, choose neutral but categorical formulations of the reasons for divorce. For example: “irreconcilable differences”, “impossibility of maintaining a family”, “opposite life values”, “incompatibility of characters”, etc. If the spouses actually already live separately or one of them is in a relationship with other partners, this is also worth mentioning.

What reasons for divorce should be indicated in the claim?

In the statement of claim for divorce, it is necessary to indicate the reasons that served as the basis for such a radical solution to family problems.

The law does not oblige you to indicate all the juicy details of family life that could lead to divorce, but it is still necessary to justify the impossibility of preserving the family.

To do this, you can use universal reasons for divorce in a claim:

1. Lack of mutual respect between spouses.
2. Lack of mutual understanding.
3. The disappearance of feelings, the emergence of acute hostility towards each other.
4. Different views on life and lack of common interests.

You can also indicate more specific reasons for divorce, if they occur:

• beatings, insults, domestic tyranny.
• alcohol abuse, parasitism of the spouse.
• betrayal and immoral lifestyle, etc.

Remember that at the court hearing you will have to give explanations for the reasons specified in the claim if the defendant insists that they are false.

For more information about what reasons can be indicated in a statement of claim for divorce and how to do this, read a separate article.

Sample statement of claim for divorce without children 2021

Since divorce through the registry office is not difficult for childless couples, going to court means that the defendant is deliberately “slowing down” the divorce process for some personal reason. And most likely, he will not give consent to divorce so easily.

Therefore, the plaintiff must express in the claim as categorically as possible his desire to dissolve the marriage and show the court that reconciliation is impossible.

But it still cannot be ruled out that a divorce without the consent of one of the spouses will not require an additional meeting caused by the appointment of a “deadline for reconciliation.” You'll have to come to terms with this.

During the second hearing, if the plaintiff’s position remains unchanged, the court will still dissolve the marriage, despite the defendant’s protests.

A sample statement of claim not for divorce without children can be downloaded on the Internet and adapted to your situation.

Or seek help from a lawyer on the Prav.io portal, who will suggest the necessary convincing wording or provide a secure link to download a similar document.

Terms of termination

Unilateral divorce is recognized:

• if the partner does not want a divorce, he prevents it;
• the spouse is located at a territorial distance.

Divorce is formalized through the registry office. You need to come there and fill out an application. If the process is complicated by the presence of children or disputed property, and the spouses cannot reach an agreement, the divorce is carried out in court. A statement of claim is being prepared.

There are circumstances that exclude unilateral divorce if the husband demands a divorce. This:

• wife's pregnancy;
• having a child under one year old.

Important! The law protects pregnant women. If the husband wishes to divorce during this difficult period, he will be refused. If the initiative for divorce comes from a pregnant woman, there will be no obstacles. A woman must realize the full responsibility of this act.

Sample application through court with children sample 2021

Divorce in the presence of children is more difficult, first of all, because the state positions itself as a guarantor of the interests of minor citizens. And the divorce of parents, at a minimum, can mean infringement of the material rights of children - after all, only one parent will bring “salary into the house”, instead of two.

Meanwhile, the RF IC clearly states that the responsibilities for financial support for children must be fulfilled equally by both parents. Therefore, the court will not divorce a couple unless it orders alimony or is not convinced of the existence of an alimony agreement or agreement between them. That is, that both parents will continue to participate in the maintenance of the children.

Child support is not the only type of dispute between divorcing parents about their children. Sometimes spouses cannot agree on who the child will live with or how he will communicate with the parent who left the family. If all such issues are not resolved pre-trial through negotiations, they should be included in the list of claims.

If everything is decided, convincingly state in a statement all the results of the negotiations: that an agreement on the place of residence of the children has been reached, the procedure for their communication with the “departed” parent has been determined to mutual satisfaction, the issue of child support payments has been settled. It is best to conclude a notarized alimony agreement and present it to the court.

ATTENTION! Some divorcing couples find alimony agreements to be very complicated. Indeed, if we are talking about some non-standard form of alimony (for example, about transferring an apartment to a child, future payment for a university for him, buying clothes and paying for a summer vacation instead of monthly payments), it will not be so easy to formalize everything properly.

However, you can conclude a basic agreement on a regular deduction from your salary in the proportion provided by law (25% - one child, 33% two, 50% three or more). In this way, you will simplify the legal process for yourself: the court will instantly approve this agreement, and the defendant will independently transfer it to the accounting department at the place of work.

A sample of such a statement can also be found on the Internet. Or get a download link or the form itself from a lawyer during a free consultation.

Normative base

The legal basis for concluding a settlement agreement in divorce proceedings is established by the norms of the Family Code and the provisions of the Code of Civil Procedure. Based on the provisions of Article 150, Part 5 of the Code of Civil Procedure, the judge must take appropriate measures to accept the document, carry out explanatory work and other conciliation procedures during the civil process.

If there are no contradictions regarding the children, parents can attach a draft agreement drawn up independently to the documents during the proceedings (Article 23 of the RF IC). In Art. 24 of the Family Code contains provisions in the event of disputes regarding the division of property where third parties and aggravating circumstances are involved (for example, the presence of a mortgage).

Property division by mutual agreement of the parties outside of court is regulated by Article 38 of the Family Code. Then the divorce agreements are written down in paper and certified by a notary. After which they come into force. If the case comes to court, then the submitted agreement is subject to approval and the proceedings are stopped (Articles 39, 173 and 220 of the Code of Civil Procedure).

Sample statement of claim for divorce and division of joint property

Even if the division of jointly acquired property through the court is inevitable, it does not have to be done simultaneously with the divorce. You can do this later. But, nevertheless, Article No. 151 of the Code of Civil Procedure of the Russian Federation allows for the combination of homogeneous claims within the framework of one process. This means that you can “kill all birds with one stone” - get a divorce, collect alimony, and divide your belongings at the same time.

Another thing is that several claims, as a rule, mean a more complex and lengthy process, consisting of two or three or more meetings.

ATTENTION! The division of marital property is one of the most complicated, time-consuming and expensive legal proceedings. Moreover, regardless of whether the divorcing couple is “rich” or “poor”. After all, dividing equally many different types of property is as difficult as one apartment, one dacha and one car with a garage. Because it is not money that is divided, but property that people use and would like to continue to use.

Therefore, if you need to get a divorce urgently, it is better not to combine a claim for divorce with a claim for division of property, but leave the “division” for later. But if there is only one claim, it is still advisable to at least approximately agree in advance on what will go to whom. This will save you time.

A sample claim for divorce and division of joint property can be found on the Internet or contact a lawyer from the Prav.io portal who will help you draw it up.

It is important to remember that the fee for a property claim will depend on the value of the property that is being divided.

How to invalidate a marriage

If the marriage is declared invalid, then both spouses are released from all responsibilities of the former spouses. For example, it will be possible not to divide common property.

There are 5 situations when you need to file a petition for annulment of marriage instead of a divorce.

1. If one of the spouses hid that he had been married before and did not dissolve it .
   Often such situations occur with citizens of other countries. Our registry office has no way to check whether this person was married in his country or not. The only proof can be a certificate stating that the person was not married in his or her state.
2. If one of the spouses entered into a forced marriage . For example, when a girl is forced into marriage or threatened.
3. If at the time of marriage one of you was under 18 years of age and did not have a marriage license. Such permission is given only if the girl is pregnant.
4. When the spouses are immediate relatives or the adoptive parent and the adopted child. They are required to report this information to the registry office.
5. If one of the spouses was declared incompetent by the court at the time of marriage . Moreover, there must be a court decision on this.

What documents must be attached to the statement of claim?

The list of required documents is determined by the content of the claims. The list of documents that may be needed for a judicial divorce is contained in Article No. 132 of the Code of Civil Procedure of the Russian Federation. Conventionally, all documents can be divided into basic and additional. The basic ones include:

• Copies of passports of divorcing spouses
• Copy of marriage certificate
• Copies of children's birth certificates
• Receipt for payment of the fee (the original is submitted to the office; it is recommended to make a copy and keep it with you)

You can attach to the claim simple copies made on a photocopier yourself. You also need to remember that the statement of claim and all attached documents are submitted not in one copy, but in three: one copy of the package will be left in the court office for work, one will be returned to the plaintiff, and one will be sent to the defendant.

The need for additional documents depends on what claims are being made. If all controversial issues are settled by the spouses pre-trial, then you will only need a copy of the agreement on “children’s” topics - with whom the child will live, how much alimony the ex-spouse is going to pay, and how communication with the children will take place.

If additional claims are present, you may need:

• Certificates of income (if child support is awarded at the same time as the divorce)
• Medical certificates confirming incapacity for work, evidence of expenses for children (if we are talking about collecting alimony for a disabled child, a pregnant wife or a mother on maternity leave)
• Title documents for objects of jointly acquired property, checks and receipts for the purchase of property, a marriage contract, if concluded (when property is divided along with a divorce)
• Characteristics from the place of work, reports of inspection of living conditions, conclusions of guardianship and trusteeship authorities (if the issue of with whom the child will live or the procedure for his communication with the parent leaving the family is being decided)

ATTENTION! If the court office finds the list of documents that does not meet the requirements of Article No. 132 of the Code of Civil Procedure of the Russian Federation, the claim will be returned for revision. But it's not only that. The documents presented influence the outcome of the verdict. In particular, on the amount of alimony that the plaintiff can receive, on the decision about who the child will stay with, on what property the plaintiff will receive upon division. Therefore, their collection and preparation should be approached very carefully.

When can they refuse?

Only a man who wishes to leave a pregnant woman or a woman with a child under one year old can be refused to break the marriage ties.
In all other cases, regardless of the factors that prompted the breakup, no reasons for refusal are provided. If a person expresses an unwillingness to live with another person and officially declares this, then the divorce will take place. Important! The process will drag on if people have not come to an agreement regarding common children or property. However, over time, with the participation of the judiciary, the controversial issues will be resolved, and the case will end with the registration of a divorce.

State fee for filing a divorce claim

For a divorce in court, you will have to pay the fee twice. First, 600 rubles when filing a claim, according to Article No. 333.19 (Part 5, Clause 1) of the Tax Code of the Russian Federation). And when the court makes a decision on divorce and it will need to be submitted to the registry office to make changes to the registration books and obtain a divorce certificate, each spouse will have to pay another 650 rubles for paperwork (according to Article No. 333.26 of the Tax Code of the Russian Federation).

For an additional claim for alimony, no fee is charged to the plaintiff. But with the division of property, everything is somewhat more complicated. Such a claim falls into the category of property disputes.

The law does not provide for a fixed fee for property claims. It is calculated individually each time, depending on the “claim price” - the value of the disputed property - according to the regulations of Article No. 333.19 (Part 1, Clause 1) of the Tax Code of the Russian Federation.

You can read more about the procedure for calculating it in the article “State duty for the division of property during a divorce in 2021”, posted on our portal.

The plaintiff calculates how much to pay independently and pays the required amount according to the details of a specific judicial authority before filing a claim there. If the amount is too large for him, the plaintiff can submit a petition to the court to reduce the amount of the fee (if there are valid reasons specified in Article No. 333.20 (clause 2) of the Tax Code of the Russian Federation), for an installment plan or deferment of payment.

Through the registry office

A unilateral divorce procedure in the civil registry office is possible only if the conditions listed in Art. 19 of the RF IC, namely:

• incapacity of the spouse, confirmed by a court decision;
• declaration of a spouse as missing;
• conviction to real imprisonment for a term of over 3 years on the basis of a court verdict that has entered into force.

The law does not provide for other grounds for unilateral divorce of spouses in the registry office, since filing an application with the registry office requires the mandatory consent and presence of both spouses.

Procedure and procedure

In the described case, the divorce procedure will continue quite quickly - one month, after which the applicant will receive a certificate of termination of family relations.

The spouse, whose consent to divorce was not required by law (for example, in the case of serving a sentence), will receive his copy of the specified certificate upon personal application.

The spouse serving his sentence will be notified of the received application for divorce, but his opinion and position on this issue will not have any significance.

In all other cases, the second spouse is not even notified of the divorce. In this case, the applicant must be present when the registration actions are performed by the civil registry office employees on the date established by them.

Documentation

To obtain a divorce through the civil registry office on the initiative of one spouse, he must submit the following documents:

• application in the prescribed form (it is better to obtain a sample on the website of the territorial civil registry office or directly at the institution);
• marriage certificate;
• documents confirming the existence of grounds allowing for a unilateral divorce through the registry office, even without obtaining the consent of the second spouse;
• a receipt for payment of the state fee in the amount of 350 rubles (clause 2, part 1, article 26 of the Tax Code of the Russian Federation).

Additional documents under Art. 19 RF IC will:

• court decision to declare him missing;
• court decision establishing incapacity;
• sentence.

All these documents can be presented either in the form of a copy or in the form of an extract, with the blue seal of the court and only after they come into force.

Statement

An application for a unilateral divorce is submitted to the registry office using Form No. 11, approved by the Government of the Russian Federation. This document must contain the personal data necessary for the divorce on the applicant spouse. As well as details of the marriage registration document.

There is no need to fill out this form in advance, since almost all civil registry offices independently enter the data submitted by the applicant into the program and then submit the already completed application for signing.

Below is a sample application for a unilateral divorce at the registry office for your reference.

Form 11

Deadlines

The period for a unilateral divorce in the registry office will not exceed 1 month.

This is exactly how long it should take from the moment of filing an application to terminate a marriage until the corresponding entry is made in the civil status acts. The applicant will be able to receive a divorce certificate immediately upon appearing at the institution.

State duty

When applying to the registry office for a unilateral divorce, a state fee in the amount of 350 rubles is paid.

According to the Tax Code of the Russian Federation, such a fee is established for divorce through the registry office in exceptional cases (unknown absence of a spouse, a prison sentence of 3 years or more, or incapacity).

Details for payment must be clarified with the authority to which the applicant must contact. In addition, it is possible to pay the fee via the Internet using the State Services service, where you can also submit a corresponding application for divorce.

Where to file for divorce?

There are two types of courts that handle divorces:

• Worldwide. They file “purely formal claims” that do not require trial as such. Spouses come to the magistrates' court without any disagreements, declare their absence, testify that they have no mutual claims and receive a divorce.
• Territorial. Claims are filed in a city or district court by spouses who could not peacefully agree on alimony, the place of residence of children and the division of property. The court decides all this for them.

ATTENTION! According to the rules, a claim should be filed in the court located at the place of registration of the defendant. There are a number of exceptions to the rules. Living with minor children is one of these exceptions, allowing the plaintiff to file a claim at the place of his own registration. Since this article deals specifically with divorce in the presence of minor children, the plaintiff, by definition, can file an application where it is more convenient for him.

Documents for divorce proceedings

Divorce documents include:

• an application filled out in a form to the court or registry office;
• receipt of payment of the duty;
• marriage certificate;
• children's birth certificates;
• a certificate indicating the defendant’s income.

In addition, you may need one of the following documents:

• a court decision declaring a spouse incompetent, the address of his guardian;
• verdict on the fact of being in MLS, address of the colony;
• conclusion on declaring a spouse missing.

Acceptance of an application for divorce

After filing a claim with the court office, the question of whether it will be accepted for consideration is decided within 5 days. If the claim is drawn up in accordance with all the rules, the fee is paid and there are no complaints about the attached documents, the application is accepted for processing, which the court informs the plaintiff about. The first meeting is usually scheduled after a month. Both parties are notified of the exact date, time, and location.

Many people ask the question: “Why do you have to wait so long?” This is due to the peculiarities of legal proceedings, regulated by a whole set of procedural norms and rules. In addition, judicial practice traditionally adheres to the rule “to give the plaintiff time to think.” During this month, the claim can be withdrawn if the plaintiff changes his mind.

Remember the main thing:

1. You need to get a divorce through the court if you have children under 18 years of age. You also need to go to court if one of the spouses is against divorce.
2. The state fee is 600 rubles for filing an application. You also need to pay 650 rubles for obtaining a divorce certificate.
3. You can apply for alimony immediately with your divorce petition.
4. You can divide property immediately, or you can file a separate claim within 3 years after the divorce.
5. To divorce a foreigner, you need to have documents translated. You also need to legalize documents from a notary.
6. The divorce will last a minimum of 30 days. But most often it drags on for 2 months.

Consideration of an application for divorce in court

Contrary to popular belief, getting a divorce in court is not very difficult if the decision of the spouses is conscious and mutual. The judicial divorce process is quite formal. The court examines the documents, and if everything is clear (alimony has been calculated, with whom the children remain, it has been decided, the division of property does not cause judicial disagreements), it divorces the spouses during the first meeting.

If one of the spouses is categorically against divorce, a “delay for reconciliation” cannot be avoided. It can range from 1 to 3 months. But after this period, if one of the spouses continues to insist on divorce, the court will make a positive decision.

Another reason for scheduling new hearings may be disputes between spouses right in the courtroom. For example, they may insist that they be given the opportunity to present new documents to support their position, invite witnesses, etc. The court agrees and schedules a new hearing. As a rule, again in a month.

The process is also delayed by the absence of spouses from meetings. If both do not appear, the court will consider that they have reconciled and close the case. If there is one, the meeting will either be postponed or a decision will be made in his absence.

If the reason for failure to appear is valid (illness, urgent departure), you need to notify the court in advance and ask for a postponement or to make a decision in your absence, or send a representative in your place with a notarized power of attorney. This could be a professional lawyer (which is reasonable when there is a disagreement between the parties), or a private person (a friend or relative who will simply be present in your place).

When the decision on divorce is made by the court, the spouses receive this document in their hands (each a copy). They have 10 days to present the decision to the registry office, complete all formalities and receive a divorce certificate and a corresponding stamp in their passport.

How long does a divorce last?

It all depends on the requirements specified in the claim. Most often, the trial is delayed due to disagreements between the spouses regarding the place of residence of the children.

The deadlines for registration in cases without children are standard. A magistrate judge is given a month to consider all the specifics of the case, and a federal judge is given up to two months. In some cases, spouses may be divorced at the first meeting, or three months may be set for reconciliation of the parties if the second spouse does not want to divorce. If a family has no children, but has joint property that is subject to division, the trial can last several months.

The processing time for cases involving children is no different. However, there are nuances when divorcing with children. If the second spouse agrees with the plaintiff’s demand for living conditions and has a fixed salary, the conflict will be resolved in 1-2 meetings. Otherwise, the time frame will increase.

There is no clear answer to the question: how long does a divorce through court last? The minimum period for mutual agreement is 30 days from the date of filing the claim and a month for appeal. Without consent – ​​up to six months.

Do I need to go to the registry office later?

Yes. After the court decision comes into force, you will receive a corresponding notice. The change in status must be recorded by the registry office, and you must be issued a divorce certificate. To do this, you need to provide the following list of documents:

1. Passport.
2. Your copy of the Decree on the termination of marriage, from the moment it entered into force.
3. Receipt for payment of state duty.
4. Power of attorney if documents are submitted by a representative.

If documents are transmitted online, then an electronic signature will be required to enter the State Services website. If you plan to personally submit your application to the registry office, choose the branch either at the place of your registration, or where you once signed. The divorce certificate is issued on the same day.

If one of the spouses has already registered documents with the registry office, the second person does not have to come to the registry office.

Rights and obligations of the parties

The text of the document may also indicate the rights and obligations of the parties to pay alimony. For example:

2. If the marriage is dissolved, the spouse undertakes to pay 20,000 rubles monthly for the maintenance of common children (the amount may vary). The agreement may also contain the procedure for incurring family expenses. For example: Payment of utilities; electricity; Internet, television; Products intended for everyday life are carried by spouses in equal shares (they can also be carried in unequal shares).

Settlement agreement for children

Often during a divorce, the question arises of who the children will live with and how their communication with their parents will occur in the future (if they have not reached the age of majority). Regardless of whether the spouses have unanimous consent on this matter or not, the guardianship service is involved in the matter (Article 78 of the Family Code).

If a compromise is not reached between the parents, then the court, when dissolving the marriage in a settlement agreement, decides with whom the minor family members will live and other aspects, based on Resolution of the Plenum of the Armed Forces of the Russian Federation of May 27, 1998 No. 10. When there are no disagreements among the divorcing parties, then it should be drawn up a bilateral document that concludes a dispute. Moreover, grandmothers, grandfathers and other relatives, along with mother and father, have the right to claim visits with children (Article 67 of the Family Code). If obstacles arise, they can also go to court to resolve the problem.

Attention

Decisions made by parents regarding the location and maintenance of a child may be rejected in court if they are contrary to the interests of the minor. Then the court will independently resolve this aspect (clause 2 of Article 24 of the Criminal Code).

Contents of a divorce settlement agreement:

1. The address where the child will live, indicating the parent.
2. The principle of further education and resolving issues related to education, treatment and other things.
3. Which parent will pay child support, indicating the terms and amount.
4. Schedule of meetings between the minor and the other parent.
5. Points regarding spending time together during the holidays.

Settlement agreement in case of divorce regarding children can be found here.

Mediation in drawing up a settlement agreement

A husband and wife can avoid litigation and reach an agreement amicably. How? This is what mediators are for. This is a mediator in negotiations on a settlement agreement between divorcing spouses, if they do not want to communicate with each other. His actions are legal and regulated by the Federal Law of July 27, 2010 No. 193, in particular Part 2 of Art. 1. To attract him, a contract for the provision of mediation is drawn up.

For your information

When one of a married couple (personally or through an intermediary) sends the other a notice of desire to begin negotiations (Federal Law No. 193) and does not receive a response within a month or other specified period, the proposal is automatically considered rejected. Then it is advisable to file a claim in court.

The mediator’s services are paid and are charged equally to both parties, unless otherwise agreed. The result of such negotiations will be the voluntary signing of a settlement agreement in case of divorce.

Change of settlement agreement

The possibility of changing the terms of the agreement between the parties is provided for by the law of the Russian Federation only within the boundaries of arbitration proceedings. It can be canceled or changed if the claim is filed again (Article 452 of the Civil Code).

However, they take into account that the existing resolution (which has entered into legal force) on the suspension of office work on the basis of a concluded document precludes the resumption of a dispute on the same issue (Article 220 of the Code of Civil Procedure). It turns out that by filing an application of such a plan, the process will most likely be terminated. To change the terms of a settlement agreement during a divorce, you will need to enter into a new agreement and resubmit it to the court.

For your information

You can correct the clauses of the previous agreement or draw up a new one after receiving a writ of execution, which is sent to the dishonest defendant (Article 141 of the APC). Since a divorce settlement agreement, after approval, obliges the parties to fulfill the prescribed conditions (Article 16 of the APC).

Settlement agreement without trial

According to the provisions of Article 19 of the Family Code (as amended on August 3, 2018), a marriage union can be terminated through the registry office if:

1. Both parties agree and there are no unresolvable disagreements regarding children and property (this is possible, for example, if the child is not from the spouse, but from a previous marriage).
2. One of the parties is serving a prison sentence of more than 3 years.

In such a situation, it is better to conclude a divorce agreement without court intervention. In this case, it is recommended to use the services of a specialist. After drawing up the document, it must be approved by a notary.

How to certify a document?

A pre-trial classic divorce agreement acquires legal force only after being endorsed by a notary. In this regard, you can contact a public or private office with the following package of documents:

1. Russian passports from all participants.
2. Ready agreement (3 copies).
3. Marriage certificate.
4. Documents for children (if they are the basis for a dispute) or for valuable property (in case of division).

The notary must:

1. Confirm the identity of each participant.
2. Make sure that the contract is drawn up without errors.
3. Check the validity of the conditions set and exclude from the list those that contradict the law or the interests of one of the parties.
4. Make sure that the agreement is made voluntarily.
5. Sign the contract and register it with Rosreestr.

According to Art. 333.24 of the Tax Code of the Russian Federation, when notarizing a pre-trial settlement agreement in the event of a divorce, you must pay a state fee in the following amount:

1. For property issues - 0.5% of the estimated value of common property (within 300 rubles - 20 thousand rubles).
2. Transactions of a non-property nature – 500 rubles.
3. For alimony - 250 rubles.

The price for approving a pre-trial agreement during a divorce depends on the number of issues being resolved and is divided equally between the drafters of the settlement agreement. Services for copying forms are also paid separately.

Attention

Settlement agreement upon divorce, in accordance with Art. 153.8 of the Code of Civil Procedure of the Russian Federation must be approved by the court.

Nuances

When drawing up a settlement agreement upon dissolution of a marriage, the following principle is adhered to:

1. Drawed up during or after a divorce.
2. A pre-trial agreement is notarized, otherwise it will not be valid (Part 3 of Article 163 of the Civil Code of the Russian Federation), concluded in court - does not require visa from a notary.
3. Signed solely on a voluntary basis.
4. Has legal force.
5. May only address specific controversial aspects (those not included will be considered directly in court if necessary).
6. The list of conditions may include provisions for granting a deferment in the fulfillment of obligations by the defendant, and it is also possible to forgive the existing debt in part or in full.
7. In the text of a divorce settlement agreement, it is allowed to describe agreements on upcoming legal costs, including state fees.
8. The number of copies compiled must correspond to the number of participants and one is included additionally.
9. The document is valid for the period until the conditions are fully met by the parties.
10. Subject to execution after approval by the court (Part 2 of Article 100 of the RF IC).

A divorce settlement is a convenient and quick way to resolve a case. With its help, a calm relationship will be maintained between the former spouses, and there will be no need to involve lawyers.

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