Step-by-step instructions for divorce through the registry office. Sample application

If it is permissible to say about a divorce that it can be “good,” then, of course, the best divorces are those that can be effected through the registry office.

A minimum package of documents, a basic application, short deadlines, minimum expenses (only payment of the state fee for filing a divorce).

In addition, the registry office, unlike the court, will not find out the reasons for the divorce and the circumstances of an unsuccessful life together. There will be no need for appearances by each party, testimony, presentation of evidence, certificates, motions, or adjourned or adjourned hearings. In a word, there will be no need for all this “judicial red tape”, which so frays the nerves of families already exhausted by the breakup.

Divorce through the registry office is fast, simple, and effective.

Conditions for divorce in the registry office

Unfortunately, not every marriage can be dissolved in this simplified and accelerated way. This is only available to couples who do not have minor children and have mutually agreed on a divorce, without mutual claims.

That is, to undergo the divorce procedure through the registry office, a combination of two conditions is necessary:

  • Consent of spouses

Divorce, just like getting married in the registry office, can only be done voluntarily. Civil registry offices are opened exclusively by mutual consent. A jointly submitted application is evidence of mutual consent. If one of the spouses does not agree to a divorce or is not sure of the seriousness of their intentions, they will have to go to court.

ATTENTION! This rule is confusing to some. What is its point if the court will still dissolve the marriage if one of the spouses wants it? There may be a logical explanation, but you shouldn't look for it. The matter most likely has to do with the legal traditions of Russia.

During the Soviet era, the courts were entrusted with the ideological task of preventing the destruction of families and minimizing irresponsible conclusions and divorces. It was from there that the practice of “giving spouses time for reconciliation” came to Russian courts.

Perhaps in some cases it is useful (for example, if a husband and wife quarreled and immediately ran for a divorce, but after a couple of weeks they made up and changed their minds). But most divorcing couples consider this rule to be a pointless, unnecessary delay.

All that remains is to come to terms with the existence of legal norms accepted in the state. They are different everywhere. In some countries, for example, divorce is generally prohibited, in others it is almost impossible to divorce without the consent of the second spouse. And in the USA, for example, divorce is possible only through the court and nothing else. So the condition that mutual consent is necessary for a simplified divorce procedure is not the most ridiculous requirement.

  • No common minor children

This rule exists so that the state can guarantee respect for the rights of children after a divorce. Especially material ones (the court must make a decision on the assignment of alimony payments from one of the parents, if they themselves have not entered into a notarized agreement on the joint maintenance of children).

But if the children have already reached the age of eighteen (or have completed the early emancipation procedure at the age of 16), their parents can divorce through the registry office.

Also, a simplified divorce procedure is available to couples who jointly raised a child or children of one of the spouses from their first marriage. Provided that these children were not formally adopted by the second spouse.

No common young children

If a married couple has children together who are under eighteen years of age, then divorce can only be done through a court process.

If a married couple has their own children, but not common ones, namely: those born in a previous marriage and not adopted by a stepfather/stepmother, or children of eighteen years of age, or those who have acquired legal capacity, then there will be no problems with dissolution in the registry office.

Criterion for assessing a common child

A child born from both parents is a joint half-blooded child. If a child born from only one parent grows up in a family, then it is not joint.

Example: a wife has a child from a previous marriage who was not adopted by her new husband. Such a child is not recognized as a common child, therefore the marriage union can be annulled through the registry office.

If the child has been officially adopted, then it is a common child, therefore, divorce can only be initiated through a judicial process. Such conditions are established for both parties.

Only the court has the right to dissolve a marriage if the couple at one time adopted a child.

Which children are considered minors?

Coming of age does not always occur upon reaching the age of eighteen. It is rare, but it happens that adulthood may come earlier.

There is such a thing as emancipation, which gives the right to a sixteen-year-old young man to gain legal capacity. On this basis, he acquires the rights and responsibilities of an eighteen-year-old citizen.

Emancipation is permissible in specific established situations:

  • early marriage;
  • childbearing among young parents;
  • labor activity under a contract.

Evgeniy Baidalin

Family Lawyer

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If the family has a minor but emancipated child, the parents can obtain a divorce through the registry office.

What documents are required for divorce?

1. To divorce a marriage, the following documents must be prepared in the registry office:

  • husband's civil passport;
  • wife's ID card;
  • a petition written by both spouses;
  • document confirming marriage registration;
  • cash receipt for payment of duty.

2. If a petition is submitted due to the disappearance of a husband or wife, or his recognition as incompetent, or arrest for at least three years, the following documents must be prepared:

  • Russian passport;
  • petition;
  • Marriage certificate;
  • a copy of the court decision;
  • cash receipt for payment of state duty.

According to the law, it is possible to formalize a divorce from a wife during her pregnancy or who gave birth to a child less than a year ago only with her handwritten consent.

Which children are considered common?

Blood or legally adopted. In the latter case, the role of genetic kinship is taken over by legal kinship.

Adopted children are fully equal in rights to their relatives: they inherit and are testators by law, have the right to a survivor's pension, alimony in the event of parental divorce, and so on.

Regardless of whether the child is adopted by both parents or one spouse adopted the second child from a previous marriage, divorce from a minor adopted child is possible only through the court.

If the premarital child of one of the spouses is not adopted by the second, you can get a divorce through the registry office, since in this case he has no right to alimony after the divorce. That is, rights that the state must protect and guarantee.

Basic principles of property division


The section is carried out:

  1. According to the marriage contract (takes precedence over the Family Code).
  2. According to the provisions of the Family Code.

What are the legal features of a marriage contract? The following features can be highlighted:

  • The ability to draw it up before the wedding.
  • The ability to divide not only joint assets, but also personal assets at the request of the parties.
  • The inadmissibility of regulating other aspects of marital life, except property.
  • Mandatory notarization.
  • Termination upon divorce.
  • The possibility of invalidation if the contract significantly worsens the property situation of one of the spouses after the official separation.

You can view a sample marriage contract by clicking on this link.

If there is no such agreement or the court decides that it is invalid, then the provisions of the Family Code come into play. What are the features of regulating the division of assets by law? They are:

  1. Possibility of dividing assets acquired during marriage.
  2. The belongings of children, as well as personal property of marital partners, are excluded from the estate that will be divided.
  3. Spouses have the right not to submit a property issue to the court, but to enter into a notarial agreement. If the agreement violates the property interests of one of the marriage partners, then the court is obliged to cancel it.
  4. In the absence of an agreement, the court divides the property and debt obligations of the wife and husband in a ratio of 50 to 50. However, based on the interests of small children, from the fact that one spouse has wasted family property, the judge may deviate from the principle of equal distribution and award more than half of the joint property to the conscientious spouse.
  5. If one marriage partner unlawfully receives more than half of the marital property in value, then he pays compensation to the other party. Compensation can be property, monetary, or expressed in the performance of actions useful to the other party.

Which children are considered minors?

According to the standard of law, a citizen who has reached 18 years of age becomes an adult, according to Article No. 21 of the Civil Code of the Russian Federation. But there is one exception.

After reaching 16 years of age, a person has the right to undergo the emancipation procedure and receive full legal capacity early. The reason for emancipation may be marriage and the birth of a child, running a business, or employment under an employment contract.

Emancipation serves as the reason for the termination of child support obligations in relation to the child. Therefore, parents with an emancipated child under 18 years of age can divorce through the registry office. After all, there will be no need to assign alimony for him.

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.

Divorce through the registry office and controversial issues

Couples divorcing through the registry office, despite mutual consent, may have some controversial issues that cannot be resolved voluntarily. For example, about the division of joint property. Or about alimony payments in the case when one of the spouses is disabled and in need. Such issues can be resolved through court.

You can go to court separately, regardless of the method of divorce. Such issues are resolved in court under the conditions of an existing marriage, during divorce proceedings or after a divorce. That is, you can file a divorce through the registry office, and then file a claim for division of property, or to collect alimony from your ex-spouse.

Lawyer's answers to private questions

My husband and I decided to divorce. How do we determine the registry office office to which we can apply?

You have the right to submit an application and documents to the department where you previously registered your marriage or at your current place of residence. You can check the addresses of the branches on the website of the civil registry office of your region.

Tell me what to do. Lived with current husband without registering marriage relationship. The child was born and paternity was established. A year later they registered the marriage. Where to file for divorce in this case? To the court or to the registry office? The issue of the child's accommodation has been resolved.

In accordance with Article 21 of the RF IC, if spouses have common minor children, the marriage is dissolved in court. The only exceptions are the cases provided for in Article 19 of the RF IC. Whether the child was born before or after the marriage registration, and the fact that there is no dispute regarding his place of residence, does not matter. The main factor is that the child is yours.

My husband cannot be present when filing for divorce. Can he give power of attorney to one of his relatives so that they act on his behalf?

Representation when filing for divorce is not provided for by law. However, for such situations, there is an approved application form No. 10, which your spouse can fill out, notarize and send to the registry office or to your address.

My husband and I divorced through the registry office and received a certificate of divorce. A month later we live together again. Can a divorce be annulled?

Unfortunately, in the event of reconciliation, the divorce cannot be annulled, since the dissolution of your marriage has already been registered and the document has been issued to you. You will have to reapply and register your marriage.

Can my husband and I get a divorce quickly through the registry office if we do not have common children, but we have joint property that will have to be divided and we may not be able to reach an agreement.

If your spouse also does not mind a quick divorce, then you can contact the registry office, dissolve the marriage, and only then begin the procedure for dividing joint property peacefully or in court.

Special cases of divorce in the registry office

The law provides for several more situations when a marriage is dissolved through the registry office. Moreover, in these exceptional cases, it is not necessary to comply with the two conditions that we described above. That is, the consent of the second spouse and the presence of minor children in the family do not matter.

Civil registry offices dissolve marriages at the request of one of the spouses in the following cases:

  • Recognition of the second spouse as incompetent through the court. Incapacity means a person’s inability to adequately perceive reality and make informed decisions. That is, the consent or disagreement of the incapacitated spouse does not matter. Also, the incapacitated spouse will still not be able to pay child support.
  • Recognition of the second spouse as missing or deceased through the court. Naturally, in such situations it is impossible to obtain the consent of the second spouse for a divorce, as well as to collect child support from him. In this case, the marriage is dissolved unilaterally.

ATTENTION! Strictly speaking, a court decision on the death of a missing spouse does not require an additional divorce procedure, although this is not directly stated in the RF IC. However, it is enough for the second spouse to contact the appropriate authority, where, on the basis of a court decision, they will issue a death certificate for the citizen. Based on the death certificate of one of the spouses, according to Article No. 16 of the RF IC, the marriage will legally cease to exist. And you won’t have to pay a fee for divorce. If a decision is made about unknown absence, and the second spouse wants to end the marriage, he will have to apply to the registry office for its dissolution.

  • Serving a long criminal sentence by one of the spouses. A court verdict, according to which one of the spouses is sentenced to a term of more than three years for committing a criminal offense, is a document giving the second spouse the right to dissolve the marriage unilaterally. This is done through the registry office.

In the listed cases, the state duty is significantly lower than that paid by spouses who jointly dissolve a marriage by mutual consent.

Divorce in the Magistrates' Court

Cases when a divorce is carried out in a magistrate’s court are enshrined in legislation (Article 23 of the Code of Civil Procedure of the Russian Federation), if:

  1. There is no dispute about common minor children;
  2. An existing dispute regarding joint property not exceeding RUB 50,000;
  3. There is no dispute about property and there are no children in the marriage, but one of the parties does not agree with the dissolution of the marriage.

Please note that it is better to carry out a divorce before a magistrate - it is much simpler. In the case of a divorce in district court, everything is much more complicated.

Required documents

  • statement of claim in proper form
  • plaintiff's passport
  • certificate confirming marriage registration;
  • birth certificates of common children (copies);
  • documents confirming the availability of property acquired during the marriage, its value and physical properties;
  • receipt of payment of state duty.

Application for divorce to the Magistrates' Court

Plaintiffs submit applications to the magistrate's courts at their place of residence using a special form approved by government decree. It can be easily found on the Runet network.

It's easy to fill out the application. In the top header you must indicate:

  • in which particular magistrate's court the claim was filed;
  • surname and initials of the judge of the magistrate court;
  • full name the plaintiff, where he is registered and actually resides, telephone number, details for communication by e-mail (if available);
  • information as for the plaintiff for the defendant.

Next comes the text itself, which should indicate where and when the marriage was concluded, the names and dates of birth of common children, whether their place of residence has been agreed upon after the spouses are divorced and the procedure for their communication with the parent living separately, the amount of alimony and the procedure their payment.

The reasons for divorce are given if the initiative is one-sided, or it is indicated that both parties want to divorce. Indication of the reasons for divorce is necessary because usually the court gives the parties a period for their reconciliation, but if such reasons are particularly serious, preventing even the possibility of reconciliation, it may not be assigned.

In conclusion, the requirements are stated:

  • dissolve the marriage;
  • divide property;
  • oblige the defendant to pay alimony.

It is necessary to list all attachments to the claim, sign the application, decipher the signature, and indicate the date when the claim was drawn up.

How does divorce work and its features?

In a special procedure, divorce is carried out in cases where one of the spouses is recognized as missing, or his legal capacity is officially confirmed, as well as if one of them is sentenced by the court to isolation from society for a period that exceeds three years.

It has already been said above that an alimony agreement can be concluded between divorcing spouses. But the final decision on them, in relation to both the amount and order of payment, is made by the court, since it is necessary to take into account the financial condition of each of the parties, the condition of their dependents other than common children, individuals, and a whole range of other factors significant to the case.

The magistrate shall notify the parties by summons of the date and time If during a court hearing demands are suddenly made, the resolution of which is not within the competence of the magistrate, the latter transfers the case to the city or district court. In this case, the statement of claim will have to be rewritten taking into account the new requirements, and the state fee will have to be paid again.

How much does a divorce in Magistrates Court cost? The state duty is 600 rubles. (Clause 5 of Article 333.19 of the Tax Code of the Russian Federation). After the court decision on divorce is made, another 1,300 rubles must be paid. (650 from each of the former spouses, clause 2 of Article 333.26 of the Tax Code of the Russian Federation) for filing a divorce in the registry office - after this a certificate of divorce will be issued.

In case of divorce at the request of one party (husband or wife), the state duty is 350 rubles (Article 333.26, paragraph 2, paragraph 3 of the Tax Code of the Russian Federation). This divorce option is possible if the applicant’s spouse:

  • imprisoned for more than 3 years;
  • declared incompetent;
  • declared missing.

The magistrate is authorized to hear a divorce case in the absence of one of the parties. To do this, it is necessary to submit a corresponding request and indicate the reasons, which must be sufficiently valid. In its place, any party has the right to send its own representative , and not necessarily a professional lawyer. If one of the spouses is incapacitated, which must be officially confirmed, the participation of his representative in the case is mandatory.

If a claim for divorce is recognized by the defendant, a decision on the case is made at the very first court hearing, but usually the consideration of the case is postponed, the spouses are notified, and they are given a period of 1-3 months . Once reconciliation has taken place, the case is terminated.

The failure of the defendant to appear is not an obstacle to making a decision on the case - when it becomes three times, the last court hearing takes place in his absence, and if it is established that the defendant does not appear in the magistrate’s court without good reason, the claims are satisfied in full. In any case, the decision on the divorce case must be made 3 months from the date the specific claim was received by the court.

After the court makes a decision, copies of it are served or sent to both divorced spouses. They present them to the local registry office, where each of them receives a divorce certificate.

How to get a divorce through the registry office

The standard divorce procedure through the registry office consists of several stages:

  • Drawing up and signing a standard application requesting divorce (forms No. 8,9,10, forms will be issued directly at the registry office)
  • Payment of state duty (payment details will also be provided at the registry office)
  • Visiting the registry office 30 days after filing an application to register a divorce
  • Obtaining divorce certificates (each of the former spouses independently receives their own copy)

Let's look at each of the stages in more detail.

Divorce - what is this procedure?

Many people understand what marriage is. This is a family union formalized by a government agency, created on the basis of unity and love between a young man and a girl.

Divorce is a documented annulment of a marriage.

To officially dissolve a marriage, a married couple must submit a petition to the registry office.

The legislative act of the Russian Federation defines the root causes that allow annulment of a marriage through the registry office.

Application for divorce and other documents

Different forms of a standardized application for divorce allow divorcing spouses to choose the most convenient filing mode for themselves:

  • Come to the registry office together and submit applications
  • Do this at a different time convenient for everyone
  • Create a document with a notarized signature and give it to the second spouse so that he can file the application alone on behalf of the two

When visiting the registry office, you must have your passports, marriage certificate, and fee receipt with you.

You can find out the details and make the payment in advance or directly on the day of submitting the application (at the nearest bank or post office, where you can go, pay and bring the receipt to the registry office employee while he is processing your documents).

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.

Divorce terms through the registry office

Unlike the judicial procedure, which can drag on for many months, the period for divorce through the registry office is exactly 30 days. No less, but no more (unless the spouses are unable to appear on the appointed day and postpone the date a day or two later).

The month period during which the application for divorce lies in the registry office virtually without movement is analogous to the “period for reconciliation of spouses” appointed by the court.

If the decision to divorce is made under the influence of strong emotions, within a month the “passions” may fade, and the divorce will not take place. In practice, this happens quite rarely, but it still happens to young spouses who have not yet had time to have children.

It is possible that a “month to think” is useful for them, and helps to save a family that is in danger of being destroyed due to a trifling quarrel.

ATTENTION! Divorce through the registry office is regulated by Article No. 19 of the RF IC and the Federal Law “On Acts of Civil Status” (Chapter IV). By studying these documents, you can learn all the rules and subtleties of the process.

Arbitrage practice

The case was heard in the Tikhvin City Court of the Leningrad Region in September 2021.


The claim was filed by a wife who indicated that she wanted to divorce her husband. The reason for separation is the dissimilarity of characters. Reconciliation and further life together are impossible, although the plaintiff took steps to resolve differences. The parties did not intend to divide the property acquired during the marriage relationship in court.

As for the child, the plaintiff noted: the minor will remain with her, and the husband agrees with this. The request for alimony was not filed, since the wife told the judge that the husband independently and without coercion gives part of his own earnings to the needs of the child.

In turn, the husband stated in writing that he agreed with his wife’s demands. The defendant confirms the circumstances stated by the plaintiff.

After checking the case materials and the parties’ arguments, the judge certified the legality of the husband’s recognition of the claim. Thus, the divorce was recognized by the court as valid.

Registration of divorce

The divorce procedure in the registry office is absolutely formal and does not imply finding out its reasons, searching for those who are right and wrong, attempts by third parties to reconcile spouses, etc. After the expiration of the month, the registry office employee performs the following actions:

  • Makes an appropriate entry in the civil registration book
  • Issues a divorce certificate to each spouse
  • Makes marks and marks in passports

If a divorce occurs unilaterally with an incapacitated spouse or a prisoner, within a month the registry office notifies the spouse serving the sentence and the guardian of the incapacitated spouse (in his absence, the guardianship and trusteeship authority) of the divorce.

On the day appointed for divorce, at least one of the spouses must appear at the registry office. Otherwise, the divorce application will be annulled. You will have to submit it again and wait a month again. If both spouses cannot come to the registry office on the appointed date for a valid reason, they must notify the registry office employee and ask to reschedule the date.

Possible difficulties

Even when carrying out such a seemingly simple procedure, applicants face difficulties. You can overcome them on your own, but not always.

Failure of one of the spouses to appear at the registry office

Failure by the spouse to comply with the preliminary agreement and failure to appear at the registry office on the appointed date to submit a joint application from the point of view of the law is regarded as disagreement with the divorce.

The applicant has no right to officially do anything about this. And such unpredictability on the part of an almost former family member can result in additional inconvenience - the need to go to court and delay the divorce process.

If it is not possible to find agreement with him, the divorce case will be postponed in court until the fact of complete ignoring of the summons or absence from the last known place of residence is confirmed.

Refusal of employees of the authorized body

In response to a submitted application, registry office employees may simply refuse to accept it. There are several reasons for this:

  1. Incorrectly written statement. When filling out the form, you should avoid errors, corrections, typos and, of course, distortion of significant data.
  2. Lack of grounds for extrajudicial divorce. The conditions for divorce through the civil registry office are described above, and if they are not met, the agency employee does not have the right to provide the applicant with the required service.
  3. Lack of legal force of a divorced marriage. If it was invalid initially and the department employee discovered this, the marital union is annulled in court.

Grounds for invalidity of marriage:

  • The fictitiousness of the concluded alliance.
  • The presence of a close blood or officially recognized relationship between husband and wife (in ascending and descending lines, as well as sisters and brothers).
  • Incapacity or underage of majority by one or both spouses.
  • The condition of a husband or wife in another, undissolved marriage.

In case of annulment of a marriage, all circumstances, legally significant actions and events arising from the marital relationship from the moment of their state registration are declared invalid.

Skipping the waiting period

After accepting the application for divorce, the authorized employee of the civil registry office assigns the spouses a date and time for divorce. At least one spouse must come to register on the agreed day. If this does not happen, the divorce will not take place.

Therefore, it is better to discuss the date of termination in advance, and in the event of an unforeseen situation, notify the employees of the authorized branch about the impossibility of a visit on the specified date. Then the date of divorce can be postponed to a more convenient time.

Lack of marriage certificate

A marriage certificate is a document issued to a husband and wife after entering into a marital union to confirm their new status. Spouses present it to any official authority where it is necessary to establish their marital status. But what if the certificate is lost or is in extremely dilapidated, damaged condition?

The answer will depend on how far the spouses’ place of residence is from the civil registry office that registered the marriage and issued the corresponding certificate.

The thing is that, according to the law, at the civil registry office at the place where the marriage union was concluded, it is dissolved even without presenting a certificate. All necessary data is contained in the local archive. But if it is difficult for applicants to visit it in person, they can send a request to transfer the document to the nearest branch.

An application for transfer of a duplicate is sent through:

  1. Post office.
  2. Multifunctional Center.
  3. Unified portal of public services.

In the request, you must indicate the department of the authority at the applicant’s place of residence - a repeated certificate will be sent there, which can be obtained upon presentation of a passport.

Finding your second spouse abroad

It happens that a married couple comes to full agreement on the divorce and is ready to carry out the procedure in a simplified manner (without the participation of the court), but faces a significant difficulty: one of the spouses is outside the Russian Federation and cannot arrive in the near future for personal filing. statements. The situation is complicated by the legislative prohibition on issuing a power of attorney to a voluntary representative.

There is only one possible way out: fill out an application in the host country and send it to the second spouse at the place of application. It is important to know the following:

  1. The signature on the application must be certified.
  2. Officials of the consular office of the Russian Federation have the authority to perform notarial acts abroad.
  3. If a visit to the consul is difficult for the applicant, he has the right to use the services of local notaries.
  4. When contacting foreign notaries, the application for divorce must be written in their language and certified with an Apostille stamp, and then translated to a translation agency within the framework. The translated copy is also affixed with an “Apostille”.

Compliance with the above conditions is extremely important. Otherwise, the application will be considered not filed and the case will move from the competence of the civil registry office to the jurisdiction of the magistrate or district court.

The divorce process in the registry office is fraught with many difficulties and risks. Bypassing them on your own is a great success, but relying only on it will not be a very far-sighted decision. It is much safer to contact the lawyers of the website ros-nasledstvo.ru for assistance in filing a divorce or at least for advice, which can be obtained absolutely free.

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Certificate

Similar to a marriage certificate, a divorce certificate is the main document confirming its fact. The marriage certificate will be confiscated.

Spouses receive two identical (except for the number and series) documents. They indicate:

  • Names of former spouses (if one of them changes his last name after a divorce, this is also indicated)
  • Place of registration and divorce
  • Date of divorce, date of amendments to civil registries, date of issue of certificate

Features of divorce by mutual consent with children

Divorce of a married couple with minor children is carried out by the court, even with mutual consent. An exception is the unknown absence of one of the parents, his recognition as incompetent, or his serving a sentence.

In this case, the court primarily decides the issues of social protection of the child.

What interests of children does the court defend?:

  1. Determining the place of residence of minors. The decision is influenced by housing conditions - how comfortable they are for the child, the convenience of the location of the housing relative to the children's infrastructure, the degree of employment of the mother or father, etc.
  2. Issues of maintaining children, as well as a disabled parent. For example, a mother is on vacation until the baby is 3 years old.
  3. Issues of co-parenting.
  4. Possibility of traveling abroad.

It is ideal if the parents were able to peacefully resolve the “children’s” issues before the start of the divorce procedure. A written agreement on all issues of respecting the rights of children after a divorce is certified by a notary.

Contents of the document - parental agreement about children:

  1. Information about parents (full name, passport details, registration addresses and places of residence).
  2. Information about children (full name, details of birth certificate or passport).
  3. Statement of all agreements reached (place of residence, procedure for paying alimony and its amount, responsibilities and rights of parents in relation to children, and other issues).
  4. Date and place of conclusion of the agreement.
  5. Signatures.

The parental agreement is drawn up in two copies and certified by a notary. The document is attached to the statement of claim if it was drawn up in advance, or presented to the court at the first hearing of the case.

How much does a divorce through the registry office cost?

The amount of state fees for divorce through the registry office is determined by Chapter No. 25.3 of the Tax Code of the Russian Federation. They are:

  • 350 rubles for a unilateral divorce from a spouse serving a prison sentence, incompetent, or missing.
  • 650 rubles when filing a joint application for divorce (paid by each spouse)
  • 650 rubles for issuing a divorce certificate (paid by each spouse)

The fee is paid strictly according to the details of the specific registry office department conducting the divorce procedure.

No other costs will be required for a divorce through the registry office.

State duty amount

It is paid before the filing of documents and, accordingly, before the start of the divorce process. Neglect of this obligation will lead to the fact that the papers sent to government agencies will be returned to the person acting as the applicant.

Government agencies and officialsCost of services
CourtDivorce proceedings – 600 rubles. Fees for the division of property assets of marriage partners are specified in paragraph 1 of part 1 of Article 333.19 of the Tax Code. Alimony is free for the plaintiff, for the defendant - 150 rubles. in case of awarding alimony payments.
MARRIAGE REGISTRYDivorce without children – 650 rubles. Each marriage partner pays money. Divorce if you have children after the trial – 650 rubles. Each marriage partner pays money for making their own copy of the certificate.
NotaryCertification of the authenticity of the signature on the divorce application - 100 rubles. Certification of the marriage contract – 500 rubles.
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