Divorce by proxy - sample and form 2021

Is it possible to get a divorce by power of attorney?

You can get a divorce by power of attorney, but only in court. According to Art. 22 of the RF IC, a marriage is dissolved through court if there are common minor children or the absence of the consent of the second spouse.

Even if both agree, but there are children, going to court cannot be avoided. But in this case, the documents are submitted to the magistrate, and there is a chance that the decision will be made in 1-2 meetings without setting a conciliation period.

If the defendant is against it, the case is considered by the district court. At his request, reconciliation may be ordered for a period of up to three months.

If the plaintiff or defendant cannot attend the hearings in person, they have the right to file petitions to involve specific persons as representatives. The plaintiff’s request is reflected immediately in the statement of claim or submitted separately.

Fundamentals of legal regulation of the divorce procedure.

First of all, it is worth considering the structures authorized to consider the application submitted by the spouses. These include the registry office and the court.

The first body accepts applications from citizens who have no property claims against each other, no common children and are ready to dissolve the union (Article 19 of the Family Code).

It is worth noting that this option does not imply the possibility of issuing a power of attorney.

The way out of the situation is to fill out a document in advance with a request to change the marital status of the parties with its transfer to the partner, who will be able to visit the civil registration authority (Clause 3 of Article 33 of the Law of November 15, 1997 No. 143-FZ).

If, by virtue of the law, the above method is not suitable for the husband and wife, then they will need to file a claim in court.

The addressees are the world or regional authorities.

In the first case, the following conditions must be met: the spouses are raising a minor child; the cost of a claim on property does not exceed 50,000 rubles (Article 23 of the Code of Civil Procedure).

In other cases, the case is considered by the district (city) body (Article 24 of the Code of Civil Procedure).

Sample power of attorney for divorce.

Regardless of which court the documents will be submitted to, a trusted person can represent the interests of a citizen.

Moreover, this fact equally applies to both the plaintiff and the defendant, who have the right to attract different representatives to protect their rights (Chapter 5 of the Code of Civil Procedure).

Divorce without presence in court.

Where and how to issue a power of attorney

There are several types of powers of attorney:

1. Special. Designed to perform certain actions within one process.
2. One-time. Issued for single use.
3. General. Gives authority to the representative without restrictions.

To dissolve a marriage, it is best to issue a special power of attorney. To do this, you need to contact a notary office.

Important! If a person turns to a law firm for help, they will draw up a power of attorney from a notary themselves. But its cost is paid separately from the lawyer’s services.

Expenses

According to Art. 333.24 of the Tax Code of the Russian Federation, the state duty for certifying a power of attorney is 200 rubles. If the notary draws it up independently, this is paid separately. The cost can reach 2,000-5,000 rubles. depending on prices.

Sample power of attorney

The power of attorney is signed by the principal in the presence of a notary. It reflects the following information:

• Full name, registration addresses, passport details of the principal and attorney;
• a list of actions that the attorney is authorized to perform;
• validity period of the document.

Who can act as a proxy

Typically, spouses completely entrust the conduct of the case to a lawyer, who acts as a trustee. Although there is no need to have a legal education for the divorce process. Accordingly, the parties have the right to appoint anyone as trustees. The main thing to remember is that a representative can be an adult and capable citizen.

Some couples are on such friendly terms that they are ready to entrust each other with their affairs. That is, the husband is ready to appoint his wife as a representative. However, this is prohibited by law. Such actions are contrary to the principle of legal proceedings. In essence, the defendant and plaintiff in court are adversaries. No judge will allow one spouse to represent the other.

Contents of the power of attorney

There are no special requirements for the execution of such a document. The main thing to pay attention to is that all the most important information is present here:

• document's name. It can be said that the word “Power of Attorney” is mandatory;
• date and city of document execution. This data is indicated under the title;
• principal's passport details;
• detailed information about the authorized person;
• actions that the representative will perform in the interests of the principal;
• validity period of the document. It is recommended to think it over in advance. It should not be ruled out that the trial may last for several sessions;
• signatures of responsible persons. Here the principal, attorney and notary sign their autographs.

In general, since this power of attorney must be notarized, its execution is usually entrusted to specialists. Employees of the notary office independently draw up a document on their own letterhead. Thus, you can be sure that the power of attorney is executed correctly.

Divorce by proxy in court: step-by-step instructions

When a power of attorney has already been issued, the interests of one of the participants in the process are represented by an attorney. The spouse himself can also be present at the meetings, but not necessarily.

The procedure from start to finish consists of several stages:

1. Finding an attorney who will act in court on behalf of the principal. People most often choose lawyers for this. You should pay attention to the experience and qualifications of the specialist, as well as the reputation of the company in which he works.
2. Concluding an agreement with a lawyer. This step is not skipped: the contract protects both the principal and the attorney. The specifics of payment for services depend on the specific company; usually part is transferred before, and another part after the divorce.
3. Registration of a power of attorney. To do this, the attorney and the principal go to the notary and provide their passports.
4. Drawing up a statement of claim. This can be done by the lawyer himself, if the service has been paid for, but the claim must include a request to engage him as a representative.
5. Collection and submission of documents. If there are no children, you should go to court at the defendant’s place of residence. If there are minors, Art. 29 of the Code of Civil Procedure of the Russian Federation gives the plaintiff the right to submit documents at his residence address.
6. Acceptance of documents for production. The judge is given 5 days to do this, after which he makes an appropriate ruling. The parties receive notification of the date of the upcoming meeting.
7. Preliminary proceedings. They are usually carried out in the form of a conversation, during which the judge clarifies the circumstances and determines the sufficiency of the documents presented (Article 152 of the Code of Civil Procedure of the Russian Federation). If something is missing, the judge will give a deadline to provide it.
8. Main proceedings. After clarifying the views of the defendant and the plaintiff's representative regarding the divorce, a hearing is held. He can be appointed immediately after the conversation. During the main hearings, additional requirements related to the divorce process may be considered: division of property, collection of alimony.
9. Making a decision. If the case is considered by the magistrate court, 1 month is allotted for this. When applying to the district – 2 months.

The decision comes into force after 30 days. This time is given to the parties to appeal the appeal.

When the decision becomes final, the former spouses or their representatives may receive certified copies. Also, an extract from the decision is sent by the court itself to the registry office.

To obtain a certificate, you need to come to the registry office with your passport. The document can also be collected by an attorney if the appropriate powers are determined by the power of attorney.

Important! Before filing documents with the court, you must send copies of them to the defendant. This responsibility now falls on the plaintiffs. Previously, this was done by court employees. You can send everything by registered mail, then take a return receipt - you will need it for the court.

Contents and sample of the statement of claim

As mentioned earlier, the statement of claim is filled out by the plaintiff spouse himself or his representative. What data does it contain:

• Full name, passport details of the parties;
• name and address of the court;
• date of marriage registration;
• the date from which the spouses do not live together (if cohabitation is terminated);
• information about children: full name, gender, date of birth;
• requirements: divorce;
• a petition to engage a lawyer as a representative, his passport details;
• applicant's signature.

When going to court, a passport, birth certificates for all children, and a marriage certificate are provided along with the claim.

Deadlines

It all depends on the number of claims and other circumstances. If there are no disputes about the separation, the judge may divorce at the first meeting. In other cases, the process may be delayed, especially if, at the request of the defendant, a conciliation period of three months is assigned.

State duty

Before going to court, a state fee of 600 rubles is paid. Another 650 rubles. both parties will have to pay for the registry office at the end of the process. If you submit documents through Gosuslugi, you can save 30% and pay only 455 rubles instead of 650.

Divorce through the registry office

Divorce in the registration authorities, according to Article 19 of the Family Code of the Russian Federation, is possible, subject to the mutual consent of the partners and the absence of common children. Both spouses must apply. Article 19 provides a list of circumstances allowing the possibility of its filing by one person:

• if the partner is missing;
• if the partner is incapacitated;
• there is a court verdict of imprisonment for a term of over 3 years.

Unless impeded by one of the above factors, applications must be submitted by both spouses. If one of them cannot appear in person, he should prepare the form in advance, having the signature certified by a notary. Then transfer it to your partner, who will appear at the registry office and submit both copies.

Thus, there is no need to draw up a document confirming the powers of the trustee. And the law does not provide for the possibility of filing an application for divorce through it.

The issue of divorce is considered by the registration authorities within a month from the date of filing the application. After this period, the spouses must appear to register the dissolution of family ties. If you fail to appear, the divorce will not take place.

When is it possible to dissolve a marriage at the registry office?

Article 19 of the Family Code provides for cases in which a marriage relationship is dissolved with the participation of registration authorities:

• both spouses agree;
• there are no joint children under the age of majority.

Partners submit a joint application. The same article provides for the possibility of its filing by one person, for example, if there is a court decision declaring another incompetent or missing.

In other cases, if the partners have not reached an agreement regarding the division of property or the residence of joint children, the issue is resolved in court.

Possibility of filing for divorce through a proxy

The possibility of submitting an application through a representative in the civil registry office is not provided. If there is a mutual desire to divorce, the spouse, who is unable to go to the registration authority, writes a statement. It is notarized and transferred to the other spouse, who brings two copies to the registration authority: from himself and from the absent person.

In case of judicial termination, the applicant may file a claim through a representative. You will need to first obtain a power of attorney from a notary public, which will indicate the powers of the representative.

Completing an application through the State Services portal

In order for an application to be accepted on the State Services portal, the following conditions must be met:

• mutual desire of the spouses to divorce;
• absence of disputes regarding the division of property;
• lack of joint children.

An application form for divorce is available.

The service will also be useful to those who already have a court decision on divorce. All that remains is to obtain a certificate from the civil registry office, for which you can apply through State Services. Only registered users can use the service.

Registration must be officially confirmed by obtaining an electronic signature, either through a letter from the Russian Post, or through the service center indicated on the website.

After logging into the site, you will need to fill out an electronic form in the “Divorce” section. You must upload scanned copies of documents to the website and pay the state fee. After the procedure for submitting an application in electronic format is completed, the applicant is notified via SMS of the date of appearance at the registration authorities to receive a certificate. Attendance is required.

The applicant may send a representative in his place by proxy. The power of attorney must indicate the right of the representative to represent the interests of the applicant in the registration authorities, with the right to sign and receive documents, including to obtain a divorce certificate.

Each spouse submits a separate application through their own personal account, the state fee is paid by each individual. The amount of state duty paid using the State Services service and electronic payment systems is smaller compared to other types of payment.

List of documents

The list of documents depends on the agency through which the marriage is dissolved. If the spouses separate peacefully, without claims regarding the division of property, as well as disputes regarding the residence of children, the divorce will be issued by the registration authority. Spouses need to come to this department with passports and a marriage certificate, pay a state fee and write a joint application. In a month they will be invited to issue a certificate.

If the breakup is complicated by property disputes, obstacles on the part of one of the spouses or other persons, or differences of opinion regarding the further upbringing of children, then the procedure takes place through the court.

The list of documents here is more extensive:

• statement;
• confirmation of payment of the fee;
• passport;
• Marriage certificate;
• child's birth certificate;
• certificate of residence.

If there are disputes regarding the further upbringing of the child, applicants may submit additional documents substantiating their position. For example, certificates of income and housing conditions, characteristics, medical certificates. In case of property disputes, receipts for the purchase of items, certificates of income, loans, confirmation of use of the disputed item will be useful - everything that, in the opinion of the applicant, can strengthen his position at the meeting.

Amount and procedure for paying state duty

The amount of state duty is set at:

• 350 rub. per person;
• 650 rub. for two;
• 600 rub. when considering a case in court.

The issuance of a certificate is paid separately, the price is 650 rubles.

Cases when the spouse is in prison, in military service, etc.

Cases of objective impossibility for one of the spouses to appear at the registry office require special consideration. If the spouse is sentenced to serve a sentence of more than 3 years or is declared missing by the court, Art. 19 of the Family Code provides for the possibility of the other spouse to formalize the termination of the relationship unilaterally. To do this, you need to come to the registry office and leave an application.

If the sentence imposed by the court is less than 3 years, it will not be possible to formalize the severance of family relations unilaterally. The court can resolve the issue. The spouse serving a sentence has the right to appoint a person to represent his interests at the meeting.

A power of attorney is issued, which is certified by the head of the correctional institution (exercising certain notarial powers due to the inability of the defendant to come to the notary).

If the spouse is absent due to military service, it will not be possible to formalize the termination of the relationship through the registry office. The separation procedure will have to be formalized through the court. Since the spouse serving in the army will not be able to appear in person at the meeting, he has the right to appoint a representative. In such an exceptional situation, the head of the military unit has the right to certify the power of attorney instead of a notary. If there is a notary office at the location of the military unit, the power of attorney must be certified by a notary.

Unilateral divorce by proxy

Art. 19 of the RF IC gives the spouse the right to divorce through the registry office unilaterally, regardless of the presence or absence of children or the consent of the second spouse. One of the reasons is sufficient for this:

• the other spouse is declared missing or incompetent;
• conviction of the second spouse for a crime for a term exceeding three years.

If it is not possible to submit an application in person, it will not be possible to do it through an attorney. A power of attorney is only relevant if the decision on divorce is made by the court.

The fact is that in the judicial process many circumstances are studied and the motives for divorce are established; if necessary, the right of the second party to a conciliation period is exercised. Divorce through the registry office in the absence of a court decision will not be possible, if only because Order of the Ministry of Justice No. 201 does not provide for a form of application for unilateral divorce from a spouse who cannot be present in person. And you can name dozens more reasons why you cannot get a divorce in the registry office through an attorney.

The lawyers on our site will help you avoid unpleasant situations. You can get a consultation completely free of charge. Call, describe your situation in online chat or write a question in the form below.

Administrative termination of marriage by one spouse

The law allows the dissolution of a marriage union at the initiative of one of the parties through the civil registry office in exceptional cases. To do this, we must be officially certified by the following circumstances.

1. A person files for divorce from a spouse who has been declared missing by a court decision.
2. The spouse wishes to dissolve the relationship with the person serving a prison sentence of more than 36 months.
3. The other half of the initiator of divorce is incompetent, which is confirmed by a special medical report.

In this case, the party has the right to submit an application only in person, and the state fee will be 350 rubles. The certificate will be ready in one month.

Is it possible to get a divorce through a representative?

Legislation allows citizens to decide most important matters not only personally, but also through a representative. To do this, you need to issue a notarized power of attorney or a power of attorney equivalent by law to a notarial one.

Let's look at how to properly prepare documents to avoid personal presence in official bodies during a divorce.

Rubric “Question/Answer”

Hello. Please tell me, can a person, while in prison, write a power of attorney and have a divorce filed at the registry office using this power of attorney?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Yes, but there is another - a simplified procedure.

If a prisoner is sentenced to a term of more than 3 years, unilateral divorce is allowed. To do this, you need to contact the registry office at your place of residence with documents confirming deprivation of liberty. Usually this is a copy of the court verdict . You can request it from the secretary of the judge where the case was heard. The registry office authorities will accept the package with documents, after which the marriage will be dissolved - in accordance with paragraph 2 of Art. 19 RF IC. No power of attorney is needed.

If the term of imprisonment is less than 3 years, you will have to draw up a power of attorney. A notary is not needed. According to the rules, a power of attorney on behalf of the convicted person is certified by the head of the colony where the husband is imprisoned (clause 3, clause 2, article 185.1 of the Civil Code of the Russian Federation). It will have legal force, the same as a notarial one. Next, this power of attorney must be transferred to an authorized person. Then the divorce will take place.

Can I draw up a power of attorney for my wife to represent my interests in court during a divorce? The wife is the plaintiff, I am the defendant.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

No, this is not provided for in practice. The plaintiff and defendant are opposite parties to each other. If it concerns divorce, even more so. No judge will allow this option in court (even if there is a power of attorney for the wife). There remains the option of a power of attorney for another person, for example, a friend or a lawyer.

Hello, my man is divorced and has a court decision in hand, all that remains is to come to the registry office and stamp the divorce in his passport. Geographically, we live in St. Petersburg, and the registry office is in Rostov-on-Don. Can a relative, by proxy, put this stamp on his behalf?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

A power of attorney gives the representative the same powers as the principal (drafter). A relative can put a stamp in the passport and pick up a divorce certificate from the registry office. If only there was a notarized power of attorney. All powers must be written down in the text so that the registry office employees do not have any questions. For example, paying state fees, providing original documents, picking up a divorce certificate. First you need to send a notarized power of attorney, a copy of the court decision and the husband’s Russian passport to Rostov-on-Don. This is usually done by mail - by sending a valuable letter with a list of attachments and a delivery notification. They will tell you the cost at the post office, for example - in Moscow the commission is 281 rubles (for a letter with an inventory, notification and declared value). Or you can use courier delivery - it's faster, but more expensive. The same is true in the reverse situation. When the stamp is affixed and the certificate is received, the relative will also send them to you by mail or courier.

Divorce by proxy differs from the standard procedure. First of all, you need to issue a competent power of attorney. There are cases where spouses made mistakes, as a result of which their attorneys could not pick up a copy of the court decision or divorce certificate. Or the signature on the documents was declared invalid. In a word, there are enough problems. And if they are not taken into account at the very beginning - at the stage of drawing up the text of the power of attorney, the matter will go down the drain. The lawyers on our site are ready to help with divorce by proxy. If you have questions, need advice or a lawyer’s opinion, please use the form on the website or call the hotline. Certified experts are familiar with the practice, so they will help you sort out unclear issues.

See in what cases you can dissolve a marriage by proxy:
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Author of the article

Irina Garmash

Family law consultant.

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Regular expenses

Submitting an application to the registry office will cost about 650 rubles for each spouse.

A notary's application will cost approximately 200 rubles.

That is, the total cost of a divorce through the registry office will be 850 rubles according to this year.

About payment of state duties, it is better to clarify all the details in advance by going directly to the registry office.

If the spouses decide to carry out the divorce process through a judicial authority, they both need not visit the courthouse at all, provided that each spouse issues a power of attorney to an attorney, that is, a third party.

Each spouse must have their own proxy , so one person does not have the right to represent the interests of both parties at once during the divorce process.

Where to go for divorce?

Applications for divorce are considered in the registry office, district and magistrate courts.

In the registry office, a spouse can obtain a divorce without the presence of the other party if they both agree with this decision and they have no property disputes and no minor children.

An application to the magistrate's court is submitted if:

• one of the parties does not agree with the divorce;
• Spouses have disputes about the division of property worth up to 50,000 rubles.

The application must be submitted to the district court if the spouses:

• there are minor children (even if both parents agree to divorce);
• there are disagreements regarding the residence and maintenance of children;
• there are disputes about the division of property worth more than 50,000 rubles.

Reasons for the absence of the other party

The divorce procedure depends on the reasons why the other spouse is unable or unwilling to appear in court.

Physical impossibility of appearing

Sometimes both spouses agree to a divorce, but one of them cannot come to court for the following reasons:

• he lives and works in another city, region, country;
• he is on disability, undergoing treatment in a hospital, or has a serious illness that does not allow him to leave home.

In this case, someone who cannot come to court must:

1. Submit a request to consider the case without his participation. He must also provide evidence of his inability to be physically present. Both spouses can submit such a petition - in this case, the divorce will take place without their presence.
2. Provide written consent to divorce. If consent is obtained from both spouses and they have no disputes regarding children and property, the court may dissolve the marriage without the presence of the other party.
3. Issue a power of attorney for another person who will represent his interests in court.

In addition to this, he can submit a request to attend the court hearing via video link.

Refusal to attend due to disagreement with divorce

A spouse who does not want a divorce may deliberately not appear in court. However, his failure to appear is not the reason for the refusal to consider the case in court.

According to lawyers, if a spouse fails to appear at court hearings 3 times, does not provide valid reasons for his absence and does not ask the court for a postponement, the divorce decision will be made without his participation.

It should be noted that the presence of common minor children and joint property can complicate and delay the legal process. But even in this case, the divorce will take place if the absent spouse provides a notarized written consent to the divorce or entrusts another person with a power of attorney to represent his interests.

The court may also take into account other reasons for the absence of the second spouse, for example,

• if he shows aggressive behavior towards the plaintiff, and his presence at the court hearing is undesirable;
• if there is no information about his whereabouts.