Divorce is a procedure for terminating the mutual rights and obligations of a married couple. It is carried out at the joint request of the spouses or individual request. Registration rules are regulated by the Family Code. The law provides for judicial and administrative procedures.
The body authorized for extrajudicial divorce is the Civil Registry Office. The initiator prepares the required list of documentation and draws up an application. Divorce in the registry office by mutual consent, let's look at it in more detail.
Legislation
This issue is regulated by the Family Code of the Russian Federation (Chapter 4, Art. —).
It states that a marriage can end in two ways, including through a court hearing. The initiator can be either one party or both. Divorce through the registry office by mutual consent is possible if there are no young children in the family. This also applies to adopted offspring. If they discussed the decision among themselves and do not make any complaints.
Interesting! Only legally capable citizens can terminate a relationship in this way.
Article 16 of the Family Code of the Russian Federation “Grounds for termination of marriage”
Article 17 of the Family Code of the Russian Federation “Limitation of the right of a husband to present a demand for divorce”
Article 18 of the Family Code of the Russian Federation “Procedure for divorce”
Article 19 of the Family Code of the Russian Federation “Dissolution of marriage in the civil registry office”
Article 20 of the Family Code of the Russian Federation “Consideration of disputes arising between spouses upon divorce in the civil registry office”
Article 21 of the Family Code of the Russian Federation “Dissolution of marriage in court”
Article 22 of the Family Code of the Russian Federation “Dissolution of marriage in court in the absence of the consent of one of the spouses to dissolve the marriage”
Article 23 of the Family Code of the Russian Federation “Dissolution of marriage in court with mutual consent of the spouses to dissolve the marriage”
Article 24 of the Family Code of the Russian Federation “Issues resolved by the court when making a decision on divorce”
Article 25 of the Family Code of the Russian Federation “Moment of termination of marriage upon its dissolution”
Article 26 of the Family Code of the Russian Federation “Restoration of marriage in the event of the appearance of a spouse declared dead or recognized as missing”
Divorce with a minor child
Despite the general procedure providing for the possibility of dissolving family ties by mutual consent of a married couple without children, through the registry office, there is one option that allows you to divorce according to a simplified scheme even with a child under 18 years of age.
This option is complex, therefore it is regulated not only by the norms of the RF IC, but also by civil legislation. According to Art. 27 of the Civil Code of the Russian Federation, a minor citizen can be recognized as fully capable if he is employed in one of three ways:
- Work under the terms of an officially issued employment contract.
- Work on a contract basis in institutions and organizations.
- Carrying out business activities.
Employment of a child is permitted only with the consent of the parents. The legal representatives of the child, along with the parents, include adoptive parents or trustees.
The process of declaring a minor citizen fully capable in the Civil Code of the Russian Federation is called emancipation.
During emancipation, with the consent of parents and citizens who adopted or took care of children, a minor child is declared legally competent. If parents or legal representatives do not agree with such a change in the child’s status, the guardianship authorities can independently make an appropriate decision or file an application with the court to recognize a child under the age of 18 as a legally competent citizen. The final decision on the legal capacity of children is made by the court.
From the moment of emancipation is declared, a citizen is recognized as capable of legally significant actions and bears responsibility for his actions in accordance with the requirements of the law.
If the child has undergone the emancipation procedure, and this is documented by the authorized authorities, then the parents have the right to dissolve the marriage relationship in the registry office, provided that there is a child under 18 years of age.
Families with children over 18 years of age can, if they mutually wish, file for divorce without going to court. To do this, it is enough to prepare a package of documents and personally submit them to the registry office.
Conditions for dissolving family ties
This method of ending family relationships is the simplest and least painful.
You don’t have to tell others about your problems and what is happening between citizens. The legislation does not even provide for stating the reason in a written appeal. The temporary period takes about one month. However, to use this method, the following conditions must be met:
- making a decision by mutual consent;
- there are no children under 18 years of age in the family;
- There are no disagreements on property and financial issues.
Important! The main condition is the full consent of both parties.
Divorce with children
If both spouses decide to end their cohabitation and they have minor sons or daughters together, then the question of who they will stay with will be decided in court.
Read also: Maternity capital in 2021
The exception is those offspring who were born in another marriage. In this case, the children remain with their natural parents.
If the children are over eighteen years old, then the divorce is carried out at the registry office by mutual consent.
The law provides for the case when sixteen-year-old children are given the status of emancipated citizens. Then they are considered an adult, and the procedure for dissolving marriage ties is simplified.
If there are no children, the issue is resolved exclusively through the state registration authorities.
There are no mutual claims
Provided that the former spouses have resolved financial and property issues peacefully, then in this case only the divorce process is documented.
There will be no division of real estate or solution to the problem of who the children stay with. To clarify such claims, it is worth contacting the courts.
Unilaterally
Legislative acts permit the absence of one of the participants in the process. This can happen in cases where the husband or wife:
- recognized by the court as missing or passed away - if you have available documents confirming this, one of the spouses can go to court;
- incompetent - the conclusion is made by medical professionals, and the final decision is established by the judicial authorities;
- is in prison - there must be a court order stating that the citizen has been sentenced to more than three years.
Attention! If such reasons exist, the presence of children is not taken into account. The marriage is dissolved through the registry office by mutual consent without the presence of the second spouse.
List of documents
The list of documents for dissolving a union through the registry office is provided for by Federal Law No. 143-FZ. The basis for divorce is an application filed by the spouses jointly or unilaterally.
Without children
It is possible to file a divorce through the registry office by mutual consent without children through the regional registry office department. Otherwise, the spouses will have to go to the world court.
The following documents are attached to the divorce application:
- passports of spouses;
- information about payment of state duty;
- marriage registration document.
Important! Information is provided in original form. The specialist verifies the data in the application and returns personal documents to the spouses.
One-way order
The Family Code provides for the filing of an application for dissolution of the union by civil registry office specialists without the knowledge of the wife or husband in the event of the spouse’s incapacity, serving a sentence for a period of at least three years, and unknown absence. The list of documents differs depending on the grounds for divorce.
If one of the spouses is deprived of legal capacity by the court, the second one draws up an application for divorce unilaterally. It is accompanied by a marriage document and a fee receipt. To confirm the basis, the person attaches a court decision that has entered into legal force declaring the spouse incompetent.
The reason for dissolution of the union in a simplified manner is the imprisonment of the spouse for a period of three years. As evidence of the fact, the applicant attaches the court verdict that has entered into force.
Divorce from a person recognized by the court as missing is possible with a court decision. First, the spouse initiates a lawsuit. The application is submitted if more than 1 year has passed since the disappearance of the citizen or the receipt of the last information about the location.
A specialist from the district registry office will not accept a photocopy of a court decision or sentence. As a supporting document, you must attach a copy executed in the court office. The decision is stitched, numbered, certified by the seal and signature of the clerk.
If the applicant does not have the basis document, the divorce is carried out through the court.
Controversial issues between spouses regarding the place of residence and financial support for joint or adopted children, or common joint property are resolved through legal proceedings. The process of dividing property and collecting alimony has nothing to do with resolving the issue of divorce
Registration procedure
The procedure for divorce by mutual consent lasts about a month.
You need to start by submitting an application. To do this, it is advisable to clarify in advance the days and times of reception at the registry office and agree on the possibility of visiting the organization together with your partner. After this, you will only need to wait for the final decision.
The whole event takes place in the following sequence:
- Filling out a written request to break family ties. Application No. 8 for divorce by mutual consent or No. 9, if drawn up unilaterally;
- Payment of appropriate fees for services to the state budget;
- After thirty days, go to the civil registration authorities to obtain certificates.
The last visit can be done one at a time. After all, everyone will be given their own documents.
Where to contact
The law of the Russian Federation provides for different ways to coordinate the place and time of filing papers. After the final decision is made, citizens can use the following options:
- register on the state service portal;
- through the multifunctional center.
This will help you choose:
- the required registry office department - depending on the registration of citizens or the place of the previous marriage;
- date - the schedule in each branch is individual.
When formalizing the breakup of a family unilaterally, it is necessary to notify the other half in writing. One month is allotted for this. If a citizen is declared incompetent, his guardian or guardianship authorities are notified.
Note! If both spouses are absent from the registry office at the appointed time, the meeting will be postponed.
Required documents
Since divorce through state registration authorities involves a simplified system, you will need to provide very few papers:
- a written request (form No. 8) reflecting the wishes of the partners;
- identification documents;
- Marriage certificate;
- receipt of payment of contributions.
Read also: What does civil marriage mean?
We submit an application to the registry office
Both parties are required to complete the documents themselves.
The right side is designed by the wife, and the left by the husband. The following data is indicated:
- Date and place of birth;
- place of residence;
- passport details;
- last name, first name and patronymic of the applicant;
- citizenship or nationality;
- number of the marriage registration certificate.
If, after a divorce, citizens wish to change their surname, this must be indicated. At the end a signature is affixed.
Sample applications
The text of the application is placed on one side of the sheet.
Divorce in the registry office by mutual consent
Traditionally, the procedure is carried out at the registry office at the place where the marriage was registered.
It is allowed to contact the government agency at the registration address of one of the spouses. Having come to a general agreement, you can dissolve the union step by step as follows:
- Draw up and submit an application in the form approved by Order of the Ministry of Justice dated October 1, 2018 No. 201. In Form No. 9 - if both spouses can be present at the registry office or Form No. 10 - if the second spouse agrees, but cannot be present in person.
- Wait for review. 30 days are allotted for this.
- On the appointed date, come and pick up the divorce certificate.
The amount of the state fee and the date of receipt of the certificate depend on the method of filing the application. If it is sent through State Services, the parties have the right to independently choose the day the document is issued. Joint attendance is not required.
Application methods
In addition to visiting the registry office in person, there are other ways to submit an application for divorce:
- State Services Portal. One of the parties fills out its part of the electronic application, and an invitation to fill out is sent to the other party via SNILS. The initiator, after paying the state fee, sends the document to the registry office.
- MFC. By appointment, divorcees submit an application to the MFC at the location of the registry office where the marriage took place. The review period is 1 month.
If one of the spouses is unable to fill out a joint application on paper, he can do this through State Services if both parties have verified accounts. The second option is to provide written consent by sending an application in Form No. 10 by mail or through a legal representative by proxy, but this will require notarization.
Application and required documents
Features of drawing up an application vary depending on the chosen form:
| Sample | When is it filled? | What information will be required? |
| Upon appearance of both spouses | Full names of the parties, information about education, place of residence, passport details, marriage registration number, information about the last name left after the divorce | |
| If it is impossible for one of the parties to visit in person |
When visiting the registry office, you must provide passports and a marriage certificate. Spouses will be given a receipt for payment of the fee, which will contain the necessary details. It is provided before receiving divorce certificates.
Amount of state duty and deadlines for issuing a certificate
The state duty is 650 rubles. When submitting an application through State Services, there is a 30% discount and the payment amount is reduced to 455 rubles.
Civil registry office employees are given at least 1 month to review the application. The termination of a marriage is carried out at the time of making entries in the register in the presence of one of the former spouses.
How to file for divorce through the registry office
Divorce during pregnancy
Divorce terms
The procedure for divorce by mutual consent takes some time.
If you do this through the registry office, it will be somewhat faster than through the courts. You need to know the period it will take for this. After all, concluding a subsequent marriage without dissolving the previous one is impossible. On average, according to the law, 30 days are required. While legal proceedings take up to two or three months. It all depends on the degree of claims put forward by the spouses in relation to each other.
During the period proposed by the state, the husband and wife have the right to change their decision regarding the termination of the family. Then they can withdraw the submitted application.
Get a divorce in the Magistrates' Court as quickly as possible
If no way to quickly get a divorce in the registry office is possible, the married couple will have to resolve the issue in the courtroom.
They resort to the help of a representative of Themis if:
- One of the parties is preventing the divorce.
- There are children in the family who have not reached adulthood. We are talking about the common offspring of the spouses, as well as adopted children. But if, for example, a wife has a son or daughter from her first marriage, and the second spouse has not officially adopted him, the child is not joint.
- Husband and wife own jointly acquired property.
How quickly you can get a divorce in this case depends on the number of claims the spouses have against each other.
If both agree to separate, but cannot divorce through the registry office because of children, citizens have the right to turn to the magistrate. In the absence of disputes regarding the upbringing, residence and financial support of minors, as well as issues with property, the court will make a decision to terminate the marriage relationship 2 months after filing the application. If one of the spouses, due to circumstances, cannot appear to submit an application, he can formalize the consent to divorce notarized and transfer it to the other party or an authorized representative. Most often, a family lawyer acts on behalf of a citizen.
To initiate the process, you will need an application, marriage certificate, passports of spouses and records of minors. You will also need to pay a state fee of 600 rubles.
The matter is resolved as follows. The spouses submit an application, after which a court date is set. Usually no more than a month passes from the date of filing the documents, but if the magistrate’s court is very busy, the case may be considered later.
At the first meeting, the husband and wife express their consent to the judge to end the marriage, and inform about the agreements regarding minors and property. This can be done in two ways - orally, which will be reflected in the minutes of the meeting, and in writing. The second option is preferable, since in a voluntary agreement citizens can indicate all the nuances relating to a particular issue. Agreements must be certified by a notary office.
After hearing the parties, the court decides to terminate the marriage or give the man and woman time to think it over. In the first case, a decision is made to dissolve the registered marriage union, which comes into force 30 days after adoption. Then the former spouses can apply to the registry office for a certificate.
Divorce by mutual consent in the courts
According to Art. If there are minor children, the IC of the Russian Federation conducts divorce through the court by mutual consent. To quickly carry out the event, an agreement on children can be drawn up between parents, which covers the following aspects:
- holding meetings with the child of the parent who will live separately;
- what financial assistance is planned to be provided to the child;
- with whom do the children stay?
- procedure for offspring leaving the state.
Each parent has one version of the agreement.
The application is submitted at the defendant’s place of residence. If he is in another city, then he can be sent by mail.
It would be advisable to collect the following additional papers:
- consent of the second spouse to divorce;
- agreement on children (if drawn up);
- duty payment receipt;
- certificate of income (if the issue of alimony is raised).
The application for divorce by mutual consent through the court states:
- Full name of husband and wife and place of residence;
- the reasons that prompted such a step;
- number of children together;
- name of the body to which the documents are submitted;
- address and date of marriage registration.
A list of attached documents and a receipt for payment of the required amount to the state budget are also indicated. Today the size is about 600 rubles. The plaintiff pays.
Read also: Apostille on birth certificate
Documents required for the procedure
Urgent termination consists of several stages. This simplified option requires a minimum of documents. The parties will need to provide passports. If you are planning a unilateral divorce, you must bring an identity document of the other party, as well as a valid power of attorney from a notary.
It is necessary to fill out form No. 8. The parties put their signatures on it. In addition to the application and passports, you will need to take with you a receipt for payment of the state fee. All this must be brought to the registration department and handed over to the registry office employee. In the case of a mutual divorce with minor children, the procedure is a little more complicated, since you will have to get a divorce through the court.
The interests of the children come first in a divorce
Legislative acts say that a child who has turned ten years old has the right to choose with whom he will continue to live.
If the baby is still small, he often continues to live with his mother. When the court makes a decision on this issue, the material and physical condition of both parents is taken into account. All circumstances are weighed and the child is sent to a place where he will grow and develop comfortably.
A mother or father who intends to keep the baby must take the following actions before the start of court hearings:
- prepare a certificate of income, reference from the place of work;
- provide evidence of the absence of bad habits;
- undergo an assessment of housing conditions by guardianship authorities;
- find a nanny who can look after the child while the parent is away.
If the child is not common
Dissolution of a marital union while raising a child not in common is grounds for filing an application with the registry office. For example, if spouses do not have children together, but one of them has a child from a previous marriage, then the marriage can only be dissolved through the civil registry office.
If a spouse adopts a minor, then it is considered common. Then you can only get a divorce in court.
The situation is similar when a child is jointly adopted during a marriage. Divorce in the presence of common non-natural children is possible only in court.
Wife maintenance and alimony
After a divorce, a citizen is obliged to provide financially for his spouse in the following cases:
- being on parental leave until the child reaches the age of three;
- pregnancy period;
- if there is a child with disabilities before he reaches 18 years of age.
The benefit that a man is obliged to provide to his children is calculated as follows:
- for one person - ¼ of the monthly salary;
- two - 1/3;
- three or more offspring - ½.
Important! Official income is taken into account.
Contract termination procedure
Due to the requirements of Art. 78 of the Labor Code of the Russian Federation, both an open-ended and a fixed-term agreement (contract) can be terminated. The termination of the employment relationship is possible at any time during the validity period of the contract. But how does dismissal by agreement of the parties differ from the employee’s initiative?
Formally, in the 1st case, the will of both parties is taken into account, and in the 2nd - only the employee. Based on this, the main differences appear, namely:
- inability to return to work only at the request of the dismissed person - if terminated at his own request, the employee has the right to withdraw the application at any time before the expiration of the legally established period (unless another employee is hired to fill his position). In the event of an agreement between the parties, “the way back is ordered” (see paragraph 20 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 of March 17, 2004). However, this rule does not apply to pregnant women and women on maternity leave. The legislator will be on their side in most cases;
- the ability to choose the timing of dismissal - most often, however, 14 days are used by virtue of Art. Art. 71 and 80 of the Labor Code of the Russian Federation, but longer periods for processing and transferring cases can be used - for example, a month, six months, a year. It is characteristic that the Labor Code of the Russian Federation does not provide for time limits (a legislative gap);
- possibility to agree on additional payments in addition to the final settlement. This item is subject to restrictions under Part 1 of Art. 349.3 Labor Code of the Russian Federation. In addition, the establishment of this requirement does not guarantee its fulfillment by the administration of the organization.
How does a divorce work?
After submitting the necessary documents and depositing funds into the state treasury, a hearing of the case is held.
The time frame for such events can be extended to three months. It all depends on the claims of citizens.
If there are no controversial issues, the future fate of the children is considered at the meeting. If these points are agreed upon between the spouses, then a divorce in court by mutual consent may be limited to one hearing.
After the decision is made, you can appeal it within ten days. After this period, citizens are given a copy of the resolution. You should take it to the registry office to receive a certificate.
Note! If both spouses do not come to the meeting, the application is considered invalid.
Advantages of dismissal by agreement of the parties for an employee
The main advantages of this form of termination of employment relations are:
- lack of requirement to indicate the real reason for termination of the contract;
- no need to notify the employer 2 weeks before the actual date. dismissal and work off (if certain agreements are reached with the employer);
- the possibility of terminating the contract during the probationary period;
- potential opportunity to receive additional preferences in the form of monetary compensation (in agreement with management);
- neutral entry in the labor record compared to dismissal at the initiative of the employer. It carries neither good nor bad information about the applicant, but you need to be prepared to answer questions from future employers about the reasons for your leaving;
- guarantee of a peaceful exit from the relationship with the current employer - if the boss wants to apply a sanction to the employee in the form of dismissal for a disciplinary offense (absenteeism, drunkenness, etc.), then after signing the order by agreement of the parties, he will no longer have such an opportunity;
- increased benefits when registering for unemployment.
Certificate
Documentary confirmation of the completion of the voluntary divorce procedure will be the issuance by the registry office of a new certificate certifying the fact of the termination of the previous family relationship and the receipt of a new “divorced” status.
None of the former partners has the right to take the second copy of the certificate. It will be handed over to each person personally, with 1 document each.
Further, the divorce certificate will be used by each spouse to confirm their personal marital status when filing appeals to authorities and other similar cases where a person’s personal papers may be required.
The document contains complete information about the fact of termination of marriage:
- Full name of partners during marriage and after divorce.
- Passport details of the parties to the divorce proceedings.
- Date of divorce and registration of the deed.
- Registration number.
- Place of registration and date of receipt of the document.
Preparation of papers at the notary
To obtain notarial consent for divorce, the spouse will need to go to the notary in person. You must have the following documentation with you:
- civil passport;
- original and copy of the application for consent to divorce.
If necessary, a notary can be called to your home. The application can be completed with him, this will avoid unnecessary mistakes. The document is certified by the seals and signature of a notary. After this, the official paper is considered legally significant.
