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

Concept and legal consequences of divorce

A large legal dictionary gives the following interpretation of divorce: it is an official confirmation of the termination of the marriage relationship between a woman and a man, the only basis for the annulment of mutual legal obligations and rights.

Table No. 1 “Consequences of ending a marriage”

Trial

It happens that the dissolution of a union officially through the registry office is impossible due to certain circumstances. Such cases include the following:

• there is common acquired property that is subject to division;
• one of the lovers refuses to give permission for divorce;
• there are children who have not yet turned 18 years old;
• a prenuptial agreement had previously been drawn up.

The divorce procedure through the court can take much longer than through the registry office. The moment of termination of a marriage upon its dissolution in such a situation is calculated completely differently. To understand this in more detail, let’s look at the main stages that make up a trial.

Main stages

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the toll-free hotline: 8 For regions of Russia

8 Moscow and Moscow region.

8 St. Petersburg and Leningrad region.

• The couple draws up an act, which indicates the information of both parties and the reason for the dissolution of the union. Next, it is sent to court. The application must also be accompanied by original passports and other documents related to the case.
• After the bailiff reviews the application, he sets a hearing date. A notice is sent to your spouse by mail indicating the location, date and time of the meeting.
• On the appointed day, the plaintiff and defendant must be present in the courtroom. The absence of one of the parties is possible only for a good reason, about which the judge was previously warned.
• During the meeting, the reason why the couple decided to file for divorce and all the circumstances related to the plaintiff and defendant are considered. The division of property, the future place of residence of common children, and the payment of alimony are discussed.
• After considering all the facts, the bailiff makes a decision. It can be appealed by one of the parties within 10 days after proclamation.

If the former lovers do not challenge the verdict within 10 days, it will remain unchanged. Another question arises: when does the court decision officially come into force? There are several nuances regarding this fact that every couple planning to divorce for any reason needs to know.

However, the procedure for dissolving the union is not yet completed. We'll have to wait a little longer. The court must submit its decision to the registry office within three days. Former spouses go there to pay state fees and provide missing documents. Next, 30 days pass, they receive divorce certificates, each takes their own copy.

On what date a person receives a divorce document, then the marriage will be considered dissolved. Even if the decision has entered into legal force, but there is no document, the individual does not have the right to enter into another marriage.

Methods of divorce

Family law provides for several ways to terminate a marriage, available on the territory of the Russian Federation.
Table No. 2 “Divorce procedures”

The grounds and circumstances indicated in the table apply to the divorce of Russian citizens and foreign nationals who have confirmed their marriage in the Russian Federation.

Divorce from a foreigner in Russia

Is it possible and how to get a divorce through the registry office if there is a minor child?

Is a marriage considered dissolved after the death of one of the spouses?

Divorce in the event of the death of one of the spouses, as well as if the court declared the husband or wife dead, is carried out according to a simplified procedure. In accordance with Art. 16 of the Family Code of the Russian Federation, registration of divorce is carried out upon presentation to the registry office of documents confirming the sad circumstance.

Documents for the registry office for divorce due to the death of one of the spouses:

• death registration certificate issued by the registry office;
• court decision declaring a citizen dead.

For reference! A citizen is recognized by the court as deceased if at his permanent place of residence there is no information about his place of stay for 5 years. If a person disappeared under circumstances that threatened death or gave reason to assume his death from an accident, such a decision can be made 6 months from the moment the threat to life occurred. If a soldier or civilian goes missing during hostilities, he is declared dead 2 years from the date of the end of hostilities.

The moment of termination of marriage relations occurs depending on what particular circumstance became the reason for this.

If one of the spouses has died, the marriage is considered terminated from the date of death of the husband or wife, recorded in the civil registry office. If a citizen is declared dead in court, the moment of termination of the marriage relationship is the entry into force of the corresponding court decision.

Procedure for divorce

The timing, cost and procedure for divorce depend on individual circumstances and the chosen procedure for ending the union.

Table No. 3 “Algorithm of actions of participants”

The beginning of divorce proceedings in one instance does not mean that the dispute will not later be redirected to another.

For example:

• if, after submitting an application to the registry office, it is established that the couple has children, the participants file a claim in court;
• When resolving the issue in the magistrate's court, an unresolvable conflict arose. The judge with jurisdiction transfers the material to the nearest federal court of general jurisdiction.

The moment of divorce by court decision

After the final court decision is made, the parties have the right to appeal the verdict to the appellate court. The law allows 30 days for this. If during this period the participants have not expressed a desire to change the decision made, then the document comes into force.

The content of the decision itself states that in the absence of an appeal, the document acquires legal force on a specific day.

The moment of termination of marriage through the court is the date when the judicial conclusion enters into legal force. Then, within 3 days, an employee of the court secretariat transfers the original decision to the nearest registry office to enter information about the divorce into the unified register.

To obtain separate copies of the marriage termination certificate, spouses must contact the registry office. The document will be needed to confirm divorce in legal transactions. The period when a man and woman must contact the civil registry office is not limited by law.

The moment of divorce through the registry office

After receiving the spouses' applications for divorce, each of them is given a counterfoil - a notification indicating the date when they need to arrive at the registry office for a certificate. Until this day, the couple can withdraw their application at any time. If you do not want to reconcile, a note about the divorce is entered into the unified register on the specified date. This will be the moment the marriage ends. Spouses can see the date of divorce on the certificate.

Judicial practice related to the moment of dissolution of marital relations

Usually, there are no difficulties in determining the date from which the divorce is considered completed. Information about the moment of termination may be needed, first of all, when dividing property that occurs after a divorce. Thus, in 2013, the Tverskoy District Court of Moscow ordered the defendant (ex-husband) to compensate the plaintiff for her share in the apartment, which was purchased several months before the divorce, and sold by the defendant several months after the court decision on ending their relationship. When selling the apartment, the plaintiff’s opinion was not taken into account by the defendant.

Difficulties are caused by the countdown of the statute of limitations, after which it will be impossible to file a claim for division of property. This period is in this case three years. There is no clearly established rule in the law to count it from the moment of divorce or from any other date. The Civil Code of the Russian Federation has Art. 200, paragraph 1 of which states that the statute of limitations is counted from the moment a person learns that his rights have been violated. However, determining this point in relation to divorced people is not so easy. Judges tend to favor an exact date - the date of termination of the relationship, determined in accordance with the law. It is on this that they rely when making their decisions in cases concerning the division of property (for example, in 2002, the court rejected a claim for the redistribution of joint property acquired during a marriage, which was dissolved in 1998, pointing out that the plaintiff knew that her rights were being violated from the moment the court decided to divorce, but did not file a claim within the prescribed period.

Thus, in order to protect your rights to a share in property acquired jointly during marriage, you should go to court no later than three years after the relationship is terminated, and the date of termination should be determined in accordance with Art. 25 IC RF.

Author of the article

Kuznetsov Fedor Nikolaevich

More than 15 years of experience in the legal field; Specialization - resolution of family disputes, inheritance, property transactions, disputes over consumer rights, criminal cases, arbitration processes.

Obtaining a divorce certificate

Table No. 4 “Divorce Certificate”

Divorce stamp in passport

When issuing a completed certificate, the registry office employee makes a note about the divorce in the passport of each spouse. It contains information about the date of dissolution of the union and the registration number of entering data into the register.

A stamp in your passport is not required, but if you are involved in legal transactions and do not have a divorce certificate on hand, a stamp will allow you to confirm the official end of the union.

Registration of divorce through the registry office

According to some data, about 80% of marriages in Russia break up for one reason or another. Among the main reasons for divorce: discrepancy and, as a consequence, conflict of interests of the spouses, as well as financial situation.

Often a marriage has to be dissolved through the courts, because the law does not allow it to be done out of court.

The divorce procedure through the court is actually not that complicated if there is no dispute about children, property or alimony.

For example, first file a divorce in court, and then file a claim for the division of joint property. Such an application can be submitted within 3 years after the divorce.

If you want to file a claim for alimony, it is better to do this simultaneously with the claim for divorce.

But if there is a dispute about the children (who will stay with whom and where will they live) - everything needs to be decided according to the situation. The law also does not prevent you from filing an application to determine the order of communication with a child or his place of residence after a divorce.

Former lovers can contact the registry office in order to dissolve their union only under certain conditions. Among them the following stand out:

• the absence of common children who are not currently considered adults;
• absence of any property disputes.

The procedure for registering the dissolution of a union through the registry office is simple. The couple comes to the representative of the authority, each person fills out their application separately. After this, a receipt for payment of the state duty is issued. Each representative of the couple pays a certain amount for their copy of the divorce certificate.

The decision comes into force 30 days after the application has been submitted and the state fee has been paid. During this period of time, the couple may change their mind. If, after the expiration of the above period, the former lovers remain unconvinced, they need to go to the registry office to sign in the state register and receive their own copy of the certificate of dissolution of the union.

We suggest you read: How to split bills for paying for an apartment