Features of obtaining a divorce certificate

What and why is it needed?

The certificate can be useful in many cases where it is necessary to take and confirm the termination of a marriage or a premarital surname. They will be asked to present this document if the former spouses decide:

• register a new marriage;
• change passports;
• buy or sell an apartment;
• get a loan from a bank;
• apply for alimony.

In all these cases, it will not be enough to present an extract from the civil status act or a court decision on divorce. You will need a copy of the certificate.

Many couples do not receive a divorce certificate for years. But it is better to draw up this document, since it can be useful in many cases, especially if the last name is changed or alimony collection is planned.

What is the document?

The certificate looks like an A4 form, made on stamp paper with watermarks . This document indicates between whom and when the marriage was formalized, when it was dissolved, as well as the basis for divorce (for example, a court decision) and the date of registration of the divorce mark.

What else is indicated in the certificate:

1. document details (name, number);
2. details of the spouses (full name);
3. what surname was assigned;
4. civil status act number;
5. seal, full name and signature.

If the certificate is lost or damaged, a duplicate may be issued . All information contained in the document must be checked by the registry office staff and the recipient himself to ensure there are no errors.

There is a uniform form for this document, which cannot be violated (it was approved by Decree of the Government of the Russian Federation No. 709 of July 6, 1998). The registration number for the ex-husband and wife is the same, although the document is issued in two copies.

Where to pick it up?

You will have to contact the registry office, where the document is issued and get it signed by each spouse. It is best to contact the registry office where the marriage was registered. You can apply for a certificate :

• in person (or through a representative);
• by registered mail with notification;
• order through the State portal).

You can also obtain a divorce certificate from the registry office.

After the court decision

You will have to contact the registry office even if you have a court decision on divorce . At least a month must pass from the date of the court's verdict. If an appeal has been filed, you will have to wait for the results of its consideration. It will not be possible to obtain a divorce document earlier. Typically, an application to the registry office is submitted approximately 1.5-2 months after the trial.

At the registry office

When spouses apply to the registry office, an application and a passport are sufficient. The issuance of the certificate is free, but you will have to pay a state fee for the divorce itself. Upon receipt of the document, a stamp is placed in the passport confirming the freedom of the spouses.

From what time is a marriage considered dissolved?

In accordance with the norms of family law, the moment of termination of marriage relations differs during a divorce in the registry office and in court:

• In case of divorce through the registry office, the date of divorce is the day the parties receive the certificate. At the same time, a stamp indicating the termination of family relations is placed in the passports of the former spouses. This usually occurs one month after the date of filing for divorce.
• If the divorce took place through the court, then the date of the end of the marriage is the day the court decision enters into legal force. The spouses' passports will be stamped by civil registry office employees on the day the certificate is received, but the moment of divorce will be the date the court decision comes into force.

The moment the marriage ends is important because from this date:

• the obligations of the spouses to complete transactions cease, and they do not need to obtain each other’s consent;
• •the parties have the right to enter into a new marital relationship, but only if they have a divorce certificate received from the registry office.

How to get a?

Obtaining a certificate in Russia occurs immediately after the official divorce and is issued on the basis of an extract from a court decision or upon the application of former spouses (one of them) or the guardian of a disabled spouse. Before issuance, the document is signed by the head of the registry office and sealed.

What documents are required?

To register, you need to confirm your identity and the fact of marriage . If you make a divorce through the registry office, you will need:

• statement;
• passport;
• original marriage certificate;
• a receipt from the bank confirming payment of the state duty.

If the case was decided in court, then we add the court decision or an extract from it.

How to make an application?

The application is drawn up in the form:

• №9if the marriage is dissolved by mutual consent;
• №10if one of the spouses does not have the opportunity to personally contact the registry office;
• №11if one of the spouses is declared missing/incompetent or sentenced to imprisonment;
• №12, if the application is submitted on the basis of a court decision.

The application states:

1. information about spouses (full name, citizenship, nationality, place and date of birth, education, place of residence, passport details);
2. details of the act recording (name of the body that carried out the state registration, record number);
3. request to dissolve the marriage and assign certain surnames;
4. signatures of the parties.

If a repeated divorce certificate is issued, then form No. 26 is filled out . It indicates the dates of registration of relationships and divorce, information about former spouses and the reason for issuing the document.

How to apply?

• You can submit the application in person to the registry office at the place of dissolution of the family relationship or the place of residence of either spouse (Article 35 of the Federal Law “On Civil Status Acts”). In this case, identification documents are provided and the state fee for the divorce itself is paid. In a month, the couple will be divorced and notified how to pick up the certificate. If there is a court decision, then the document can be received faster - sometimes even on the day of application.
• When you contact the MFC (“My Documents”), you can also obtain a divorce document, but only if the marriage has already been dissolved. To do this, you need to find the branch closest to your home and submit an application, a copy of your passport, confirmation of divorce (divorce certificate, court decision).
• To obtain a divorce certificate through the State Services portal, you need to register and log into your personal account. Next you need:
  Find the section “Registration of divorce” and select your location.
• Choose one option out of three: divorce based on a court decision with two applicants, with one applicant and by mutual consent.
• Fill out the electronic application form, register with the registry office for a specific time and pay the state fee by bank card.
• We receive information about when and where you can receive the finished document. There is no fee for issuing it.

Important! If you file for divorce by mutual consent, the application will need to be filled out by both spouses (each in their own personal account) and signed with a qualified electronic signature.

Read also:  The moment of termination of a marriage upon its dissolution. Legal consequences of divorce

Payment of state duty

There is no state fee to be paid for obtaining the document , but if the divorce is formalized through the registry office by common consent, then each spouse needs to pay 650 rubles. When going to court, the fee is the same, but if property is divided, the fee is calculated based on the price of the claim.

Dates of issue

The decision on divorce after the spouses submit an application to the registry office is made within a month. Immediately after this, you can obtain a certificate of termination of marriage. After the court makes a decision, within three days the information is sent to the registry office (according to Article 25 of the RF IC).

Based on the court decision, the document is usually issued on the day of application . To pick it up, it is not necessary to be present in person; it is possible to apply through a representative with a notarized power of attorney. To issue a power of attorney, you will need a passport and 1-1.5 thousand rubles for notary services.

The certificate is issued to each spouse personally at a time convenient for them. If you would like to receive it by mail, this must be explicitly stated in the application along with your postal address. You will have to draw up an application yourself using the sample, attach certified copies of documents, a receipt for payment of the state fee, as well as an extract from the court decision (if any). Details for paying the state fee and the address of the registry office must be found out in advance.

The return letter with the certificate is delivered by courier personally after presentation of the passport. The recipient signs for receipt of the package, and the notification must be delivered to the sender. Postal costs are paid by the recipient.

State duty for issuance

The amount of the state duty depends on the method of termination of the relationship.

According to Art. 333.26 of the Tax Code of the Russian Federation, in 2021 is:

• Joint submission by common agreement - 650 rubles for each (that is, the total amount will be 1300 rubles);
• Unilateral submission through the registry office (if the spouse is imprisoned for a period of three or more years, in case of his disappearance or recognition as incompetent) - 350 rubles;
• In case of litigation through court, the amount of state duty increases. First, the plaintiff pays 600 rubles for going to court, and after the court hearings - 650 rubles each for issuing a certificate.

If the claim contains property disputes, then an additional amount is paid, which depends on the total value of the property to be divided.

How to check the authenticity of a paper?

The certificate is issued on stamped paper with watermarks . It has its own individual number and series. The forms are printed using a typographic method; if it is blank, it means the employees made a mistake. At the end of each year, these civil status records of divorce are formed into vital registers, one of the copies of which has been kept in the permanent archive of the civil registry office in which this record was compiled for 100 years. At any time you can contact the registry office and request verification of the authenticity of the certificate.

When dissolving a marriage, other documents may be required or drawn up, which include an application for divorce, including a marriage certificate for filing through the State Services.

The dissolution of family relations is confirmed by a certificate. Without this document, it will be difficult to start a new family or buy a home. The document is issued by the Civil Registry Office, but it can also be issued remotely - through the MFC, the State Services portal, or by requesting by mail.

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How to restore a divorce certificate

Any document re-issued is called a duplicate. A duplicate of the divorce certificate can be obtained by any of the former spouses (or his authorized representative) in the event of loss, defect or damage to the original. In this case, a rectangular stamp with the mark “Repeated” must be placed on the secondly issued document.

If the document is restored in the same registry office where the divorce took place, then the certificate will be issued on the day of application.

If the citizen is in another locality, the algorithm will be as follows:

• Contact the civil registry office at your actual location;
• Indicate the approximate date of dissolution of the family union and the city in which the divorce occurred;
• Send a reasoned request to the registry office where the divorce occurred, with a request to send a duplicate of the certificate to the registry office office where the citizen is actually located;
• Wait for notification from the civil registry office at your place of residence that the document has been sent;
• Then pay the state fee and receive a duplicate of the document.

At the same time, specialists from the government agency to which the applicant applied are obliged to help him, free of charge, draw up a reasoned request for a duplicate. To obtain a duplicate, a state fee of 350 rubles is charged.

The situation may soon be simplified thanks to the Unified State Register of Civil Status Acts (USR Civil Status Register). After the implementation of the program, all information about civil status will be in a common electronic database, thanks to which it will be possible to obtain duplicate documents from the registry office independently in any department, without sending requests.

The system should be introduced in all constituent entities of the Russian Federation no later than the end of 2021.

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