Places where a marriage certificate remains after a divorce

Author of the article: Lina Smirnova Last modified: January 2021 12301

A person's marital status is confirmed by a marriage certificate. This document may be required in various life situations in the future. If a couple decides to divorce, they will not be able to do so without this document. As you know, a divorce can be filed in the registry office or court. Since both of these authorities will have to present a document confirming the fact of marriage, it is important to know whether a marriage certificate is taken away during a divorce? In this material, we will consider whether it is legal to take this document away from the official authorities upon termination of a marriage relationship, where it can be requested after a divorce, and what can be done if necessary.

Features of the divorce procedure in the registry office

You can get a divorce at the registry office under certain conditions:

• the couple must have mutual consent to divorce, so the application for divorce must be submitted by both spouses;
• At the time of the divorce, the family did not have any minor children together.

The application must be accompanied by documents identifying the partners (copies of the main pages of the passport), a receipt for payment of the fee, and, of course, the main document itself - a marriage certificate.

Within thirty days, the registry office employees will issue each spouse a new document - a certificate of divorce. All documents presented with the application, including the marriage certificate, will not be returned. The certificate included in the divorce case will be transferred to the archive for storage. This rule was established on the basis of the Law “On Archival Affairs”. But, at the discretion of the registry office employees, they can accept for storage the original certificate or its copy certified by a notary. Those. It doesn’t matter to them whether it is an original document or a copy. Therefore, in order for the spouses applying for divorce to have the original marriage certificate in their hands, you need to take care to present a certified copy of it to the registry office.

Ways to confirm marriage and divorce

Situations often arise when it is necessary to prove that the parties were previously agreed upon. Depending on the circumstances, the following documents will help solve the problem:

According to the norms of the RF IC, the dissolution of a marriage union is registered in the civil register. The registry office employees make changes based on the documents presented (divorce application, judge’s verdict). The divorce is confirmed by a certificate issued to both parties. If a document is lost or damaged, you will have to submit a new application to the authorized bodies. Restoration costs 350 rubles.

What can registry office employees do?

When issuing a divorce certificate, registry office employees may act differently in relation to the marriage certificate:

1. If the original document is presented to the registry office, then the registry office employee involved in the divorce case can make a copy of it and attach it to the application for transfer to the archive. On the original document itself, he is obliged to put a stamp indicating its invalidity. After this, the certificate loses its legal significance.
2. The registry office representative takes the original marriage registration document itself and sends it to the archive. When asked to return the original certificate and take a copy of the document instead, he may refuse, citing the fact that, if necessary, it is always possible to obtain a document that duplicates the information contained in the original certificate. In this case, the divorcing spouses have the right to immediately demand a copy of the document certified by a civil registry office employee instead of the selected original, because The former spouses must retain this document in any form.

How to confirm that a marriage is dissolved

According to the twenty-fifth article of the Family Code, spouses were able to officially divorce when the registry office made an appropriate entry in the book registering acts of civil status, or when the court decision in the divorce case came into force.

The document that is transferred to both former spouses and confirms the breakdown of family relations between them is a certificate of termination of marriage issued by the registry office.

If it becomes unusable or destroyed, you can obtain a second certificate from the registry office by submitting the appropriate application and paying a fee of 350 rubles to the state treasury.

Divorce procedure in court

In case of controversial situations between spouses regarding the need for a divorce, the presence of minor children, and also if, simultaneously with the claim for divorce, a claim is filed for the division of joint property, the divorce will have to be carried out through the court .
As a rule, one of the divorcing spouses files a claim in court, and the other becomes the defendant. The documents necessary for the trial are attached to the statement of claim. Among them, one of the main ones is a marriage certificate. Considering that after the divorce it will be taken into the archives, it is better to immediately present a certified copy of this document and keep the original with you, because it may be useful in the future.

Expert commentary

Kolesnikova Anna

Lawyer

If, nevertheless, the original document was confiscated in court and sent to the court archive, then in the future, if you need to obtain confirmation of marriage registration, you will have to contact the registry office in which it was registered. After a divorce, the registry office issues only a certificate of the former marriage. To obtain such a certificate, you need to submit an application to the registry office and pay a fee in the amount prescribed by law.

In a situation where the original marriage certificate is lost, the plaintiff who filed a claim for divorce in court must request a duplicate of the document from the registry office that registered the marriage. A duplicate is issued only if the divorce has not yet occurred. When issuing a duplicate, the registry office employees put o.

The process of dissolution of marriage

Termination through the registry office is possible if both spouses want a divorce and they do not have common children. The application is submitted either directly to the department (where the marriage took place, or at the place of residence), or to the MFC. It is possible to submit an application through the State Services portal with payment of the fee by non-cash method. The application must be completed jointly by the married couple. Each spouse pays a fee of 650 rubles.

An application form for divorce is available.

It is possible to submit an application unilaterally in a situation of incapacity, unknown absence or serving a sentence by one of the spouses. The second one pays a fee of 350 rubles. and provides a court decision on one of the above cases.

If one of the spouses cannot be present when submitting the application, he can draw it up in advance and submit a copy certified by a notary through a representative by proxy or husband (wife).

Subtleties of the process when contacting registration authorities

Only those couples who have mutually agreed on the need for this action, as well as those who do not have children together and have no disputes regarding the division of property, can dissolve a family union through the state registration authorities. The duration of the process is 30 days, after which everyone will receive their own copy of the divorce act.

To submit an application, a married couple must have a copy and original of their passport and receipt of payment of the state fee. Unilateral divorce is also possible if the other half is missing, incapacitated or in prison, which is confirmed by a decision of a judicial authority.

If the couple applied to the same government agency where the marriage took place, the original certificate of marriage may not be requested, since this department has an archival record of the relevant event. When applying to another registry office, you will be asked to present the original. If a copy is attached to the application, the original must be with you. The applicant has the right to demand the return of the document.

The original is returned after completion of the termination procedure with a note that the paper is no longer valid.

Where can a marriage certificate be needed after a divorce?

A document confirming the conclusion of a marriage between a man and a woman, which was subsequently dissolved, is considered to have lost its legal significance after receiving a certificate of divorce. However, there are situations when not all events that took place in a marriage can be crossed out by an official divorce. For example, the consequence of a marriage after a divorce for a woman is the surname of her ex-husband, which she took when registering the marriage. If, after a divorce, a wife remains in her husband’s last name, then circumstances often arise that require proof of her maiden name.

This may be the case:

• registration of inherited property;
• confirmation of the received diploma of education;
• obtaining citizenship;
• other situations in which the spouse was under her maiden name.

She can confirm her surname that existed before marriage by presenting a marriage certificate, its certified copy or a certificate from the registry office. If there is no certificate left in hand, then requesting a certificate from the registry office will take time, especially if the woman lives not in the city where the marriage was registered, or not in the Russian Federation at all, but in another country. Therefore, it is important to keep the original of this document, despite the divorce, or worry about making a copy in advance.

Is it possible to need a marriage certificate after a divorce?

After people divorce, a woman sometimes has to prove her relationship with her parents and other relatives, for example, when it comes to inheriting their property or other issues. In this situation, she only needs to provide a divorce certificate; she won’t have to think about how to get a copy of the marriage certificate after a divorce, because it no longer has any meaning. In addition, it will be problematic to remove such a certificate from the archive without an additional court decision.

After the official dissolution of the marriage, you will not need a certificate of its conclusion; all its functions are confirmed by a new certificate. For a clear example, we can describe a situation in which a woman was once married and a daughter was born in the marriage. Then the couple separated, the husband died, and she married again. Then the first husband’s dacha appeared, and the wife decided to register an inheritance for their common daughter, who for some reason was not registered in his name. To enter into an inheritance, a woman must present a document that she was actually married to this person, and all children born into the marriage automatically become first-degree heirs. A woman does not need to bring up the archives; it is enough to submit the court decision to a notary office.

To avoid many unpleasant and controversial situations, you need to make sure that all important documents have copies. If the main document is lost, you can use them or use them to restore the original.

Now, you know whether the certificate is taken away during a divorce or not, and informed means armed, if you need to file a divorce, you will already be clearly familiar with state regulations and requirements regarding the submission and collection of documentation.

The procedure for ending a marriage through court

The main reasons for the dissolution of the union of spouses through the courts are the lack of mutual agreement and the presence of common minor children. The issue can be resolved:

• through the magistrate's court;
• through the district court.

The court's determination depends on additional circumstances. The initiator may demand the settlement of controversial issues:

• on material support for the spouse;
• on the division of property of the parties acquired during the marriage;
• establishing or challenging paternity.

If the application contains not only a request for divorce, but also the listed issues, then the proceedings will take place in the district court. The remaining applications are considered by the magistrate court.

The duration of the procedure directly depends on the judicial order. The magistrate court will issue an order within 10 days, the district court will issue a decision only after all issues have been resolved. Thus, the divorce can drag on for up to 1 year.

Important! When filing an application for divorce in court, it is advisable to divide the demands into different applications. Submit a request for divorce and alimony to the Magistrates' Court. And controversial issues should be sent to the district.

Request through the multifunctional center

To obtain a document on registration of marriage relations, you can request data through a multifunctional center, the branches of which operate in most Russian cities; all that remains is to choose a MFC closer to home. To complete the request, you will need to take a package of documents similar to the one

What is submitted upon personal appearance at the registry office:

• applicant's passport;
• a notarized power of attorney, if the person in respect of whom the entry is made is represented by another person;
• if we are talking about a person who has died, it is necessary to add a document confirming the applicant’s family ties with the deceased about whom information is being requested;
• death certificate;
• a statement drawn up according to the sample;
• a receipt for 200 rubles paid as state duty for issuing a certificate of form 28.

Legal issues

Do you need a marriage certificate for divorce?

A marriage certificate is included in the list of required documents for divorce. You can submit an application for divorce without it only to the registry office at the place of marriage.

How to restore a marriage certificate before divorce?

If a document has been lost, torn, or the letters on it have been erased, you will have to restore it.
To do this you need to: 1. Pay the state fee for issuing a duplicate (350 rubles). 2. Submit an application to any department of the registry office, through the MFC or through State Services. 3. Pick up the duplicate on the appointed day.

If you contact the registry office at the place where the marriage was registered, a duplicate will be issued on the same day. And if in another, then within 30 days.

The duplicate is drawn up on a strict reporting form. Outwardly, it is similar to the original, but at the top right there will be a “repeated” stamp.

The legal force of a duplicate is equal to the original.

How to restore a marriage certificate after a divorce?

Once the marriage is dissolved, the Civil Registry Office will not issue a new marriage certificate.
If one of the former spouses needs to confirm the fact of marriage, it will be possible to obtain a marriage certificate. In terms of legal force, it is equivalent to a duplicate, but the cost of the certificate is 200 rubles.

How to get a divorce if your husband took away the marriage certificate

There are several options: 1. Get a duplicate. 2. Submit a petition to the court that the original marriage certificate is in the possession of the husband. Then the court will oblige the husband to submit a document to the court and request information about the marriage from the registry office.

How to pick up a marriage certificate from the court if you change your mind about getting a divorce?

Spouses can change their minds about divorce at any time before the court's decision.
To pick up the documents, the plaintiff must visit the court office and write a statement abandoning the claim. The office specialist will return the entire package of documents and the original marriage certificate.

How to pick up a divorce certificate from the registry office?

Upon divorce, a certificate is issued through the registry office to the spouse who appears on the appointed day to register the divorce.
The second spouse can come for a certificate any day. To do this, he needs to pay a state fee - 350 rubles. If the divorce went through the court, then the spouses can visit the registry office at any time after the court decision on divorce comes into force. When applying, each spouse must pay a state fee of 650 rubles.

Where can I pick up a divorce certificate after the trial and get it stamped?

To obtain a divorce certificate and get a stamp in your passport, former spouses need to contact:
- the civil registry office at the place of permanent registration; - to the civil registry office at the place of temporary registration; - at the registry office at the place where the marriage was registered; - at the MFC of the city in which the wedding took place or in which there is registration. You can submit an application directly to the civil registry office, to the MFC or through State Services. But you will have to pick up the certificate and get a stamp at the registry office.

Where can I pick up a divorce certificate after the trial through State Services?

In the civil registry office that the applicant chose when submitting documents.
You can submit an application to register a divorce through State Services. When filling out an electronic application, a citizen:

— pays the state fee; — selects the registry office, date and time of visit.

On the appointed day, the applicant must come to the department and receive the document. Spouses can come together or independently.

Do I need a divorce certificate for remarriage?

In accordance with Art.
26 Federal Law dated November 15, 1997 No. 143-FZ, when filling out an application for marriage registration, you must indicate the details of the divorce certificate. This is necessary in a situation where at least one of the spouses was previously married. An exception is the situation if the application for marriage is submitted to the registry office that registered the divorce. In this case, the applicant can present a certificate of divorce on his own initiative. And if the document is lost or kept by the ex-spouse, then a specialist from the civil registry office establishes the fact of divorce using the act record.

Registration through the registry office

One or both spouses, having voluntarily decided to end the existence of the family, can submit an application to the registry office. They are usually given 1 month to reconcile. Divorce through the registry office is possible only in three cases:

• both husband and wife agree to dissolve the union;
• there are circumstances (they are described above) due to which termination is possible unilaterally;
• there are no children in the family and there are no property disputes.

That is, even if only one spouse is the initiator, and the second is categorically against divorce, you will have to go to court.

As in the case of the judicial procedure, when the relationship is dissolved, the marriage certificate is taken away through the registry office. Employees remove this document and send it to the archive for storage. After 75 years it will be destroyed.

Methods of divorce

The Family Code of the Russian Federation (FC RF) provides for two ways to terminate the existence of family relationships:

• directly at the registry office;
• through the court.

According to Art. 19, part 1 of the RF IC, only families without joint children, in which both spouses are satisfied with the termination of the marriage, can divorce in the registry office. The same article provides for an accelerated unilateral divorce procedure through the registry office, even for couples with children. This is possible in cases where one of the spouses:

• incapacitated;
• missing;
• is serving a sentence of 3 years in prison.

If only one of the parties wants a divorce or the couple has common minor children, the divorce must be carried out through a magistrate or district court (this is required by Article 21, Part 1 of the RF IC).

Let's consider how and when you can pick up a divorce certificate from the registry office in the event of a divorce without trial.

Subtleties of the process when contacting registration authorities

It is believed that after a divorce, the marriage certificate is taken away. This is not true. In order to clarify this issue, it is necessary to refer to Federal Law No. 143 of 1997. clause 4 art. 33 directly indicates the obligation of specialists from the district registry office to return the original document to the applicant. It is given to the man, and the divorce certificate is given to the ex-wife.

Let's consider the procedure for contacting the registration authorities for divorce:

• joint appeal of the parties;
• registration of form No. 8 (filled out jointly by the parties);
• payment of duty;
• providing documents to a specialist from the regional civil registry office;
• setting a date for the procedure;
• a visit to the department by applicants jointly or by one of the parties;
• receiving documents and stamping a civil passport;
• the other party may contact you at another time.

If on the appointed day neither party appears at the regional registry office, then the application is considered cancelled. Duty paid is non-refundable.

How to get a copy of an apostille divorce certificate

When traveling abroad (especially with the aim of settling there for permanent residence and starting a new family there), as well as when performing a number of legal procedures, you need not the original, but a copy of the divorce certificate, certified by a notary.

Note that in some states a person will be required to have an apostille on two notarized copies of the divorce certificate - Russian (in Russian) and its official translation into the state (one of the state) languages ​​of the host country.

Of course, an apostille can be affixed to the original, but most likely, one (original) copy abroad will not be enough. Then you still can’t do without a copy.

To use a certified copy of a certificate, an apostille is affixed to such a copy - a special stamp valid in all countries party to the 1961 Hague Convention.

Obtaining a certificate for judicial divorce

If your divorce took place with the involvement of Themis, then you will still pick up the finished certificate about it at the registry office.
In addition to the list of documents above, you will need an original or copy of the court's decision to dissolve your marriage. Let's look at how to take back a court decision on divorce. To do this, you need to wait for the court to make a decision, and then wait another 30 days for it to enter into legal force. After this, you must come to the office of the court that considered your case with your passport. If the decision is already ready, you will be able to get your own copy, regardless of whether your ex-spouse has already received it. If there is no ready-made solution yet, they will tell you the day when you can get it.

If it is not possible to provide the original

The main purpose of the marriage registration document is to confirm the fact that the union was concluded. In this case, all the information reflected in it is important: name, number, date of issue, etc. In case of divorce through the court, this data is included in the text of the decision on the case. Therefore, if for some reason the certificate is missing, then you need to contact the registry office and get a duplicate of it. But in this case, the original loses its legal force, since the registry office employees put a note that it was issued again.

USEFUL INFORMATION: How to file a divorce through the registry office unilaterally

When going to court, you will need to write an explanatory note indicating the reason why the plaintiff cannot provide the original. If it is that one of the spouses hid the document from the other in order to avoid divorce, then the judge will oblige the defendant to return the certificate, because it will be taken away for storage in the archive.

If the divorce is registered through the registry office, and in the same department where the union was originally registered, then you don’t have to make a duplicate. In this case, you need to write a statement stating that the certificate is lost, if this is indeed the case. But this option is possible provided that both spouses agree to the divorce. And if the termination occurs in another branch of the registry office, then a duplicate may be required, because it is also confiscated for storage in the archive.