How to divorce by mutual consent: procedure, documents and sample statements

Divorce in the registry office by mutual consent

A husband and wife will be able to obtain a divorce through the registry office by mutual consent if they do not have common minor children. By general we mean:

• children born in marriage;
• children born before marriage, if the father has established paternity,
• children adopted by both spouses.

Spouses can file for divorce through the registry office if the following are brought up in the family:

• reception rooms;
• wards;
• children of one of the spouses from other marriages;
• children over 18 years of age.

Spouses can apply to the registry office even if they have a dispute over property. They can resolve it by agreement or in court before the divorce or after the dissolution of the marriage.

How to draw up a joint application for divorce by mutual consent?

When divorcing through the registry office by mutual consent, the husband and wife must fill out a joint application on form No. 9. The form was approved by Order of the Ministry of Justice of Russia dated October 1, 2018 No. 201.

To do this, spouses must:

1. Print the application form.
2. Fill out your part of the application yourself.
3. Sign at the end.

The application does not need to be certified by a notary. If it is not possible to print the form in advance, a registry office specialist will issue it in person.

When submitting an application, spouses choose a surname that will be assigned after the divorce.

Each spouse signs the application personally. Corrections and crossing outs are not allowed in the application.

What documents are needed for a divorce in the registry office by mutual consent without children?

Before contacting the registry office, you must prepare the following documents:

1. Civil passport of each spouse.

The passport must be valid. According to the law, it must be changed at 20 and at 45 years. It should not contain marks other than those permitted by law.

1. Receipt for payment of state duty.

Spouses can bring 2 receipts of 650 rubles each. or one - for 1,300 rubles. Receipts must be submitted in original. The Civil Registry Office will refuse to accept an application if a copy of the receipt is attached to the documents. If documents were submitted through State Services, you do not need to attach a receipt.

1. Marriage certificate.

If the document is lost or damaged, or has foreign marks on it, then you need to get a duplicate.

You can get it:

• in the registry office at the place of marriage on the day of application;
• in any other department of the registry office within 30 days from the date of application.

The cost of a duplicate is 350 rubles.

How much is the state duty?

To file for divorce, spouses must pay a state fee. It amounts to:

• when paying with one receipt for both spouses - 1,300 rubles;
• if each spouse pays for himself - 650 rubles;
• if the application is submitted through State Services - 455 rubles. from each spouse.

Which registry office should I file an application for divorce by mutual consent?

You can submit an application to the Civil Registry Office:

• at the place of marriage;
• at the place of permanent or temporary registration of one of the spouses.

Other branches will not accept your application.

How does a divorce work?

It is not possible to file a divorce in one day. The process is divided into 2 stages:

1. Submitting an application. In this case, you need to pay the state fee and attach all the necessary documents. After which the specialist from the Civil Registry Office will set a date for filing the divorce. It cannot be prescribed earlier than 30 days later.
2. Divorce procedure. On the specified day, at least one of the spouses must visit the registry office to confirm their desire to file for divorce.

Starting from 2021, spouses may not have to put a divorce stamp in their passport. But, if the applicant asks, the specialist can supply it.

The marriage is considered dissolved from the moment the specialist makes an entry about the dissolution of the marriage in the civil registry book.

If on the appointed day at least one of the spouses does not appear at the registry office, the specialist will not dissolve the marriage. The spouses will be considered to have reconciled within the specified time.

In this situation, it will not be possible to return the state fee that was paid for the divorce. If the spouses decide to divorce, the fee will have to be paid again.

Motivation and evidence

The motives that prompted the parties to resort to organizing divorce proceedings are not reflected in the legislation. Often, alcohol or drug addiction, adultery, gambling addiction, sexual dissatisfaction, discrepancies in financial and life matters, and violation of clauses of the marriage contract are cited as reasons for initiating the procedure.

According to Article 22 of the Family Code, during judicial proceedings, divorce is recognized as possible only after it is finally established that the family has fallen apart and the continued existence of the plaintiff and defendant together is impossible.

Usually the plaintiff sets out in detail the motives that led him to such a decision, explains the reasons for the collapse of the marriage and why it cannot be revived. In order for the study of materials to lead to the desired result, it is necessary to obtain evidence. It can be:

• Witnesses confirming the facts. The plaintiff files a petition to invite them to the meeting;
• Documents attached to the case.

Divorce proceedings always end in divorce. The only question is when. And how many visits to the institution will be required for this.

Divorce by mutual consent if spouses are in different cities

A husband and wife can file for divorce even if one of them is in another city or another country. Let's consider the procedure for such a divorce in a situation where the husband is in another city.

The procedure takes place in 3 stages:

1. The husband draws up an application, has it certified by a notary and sends it to his wife.
2. The wife fills out her application, receives her husband's application and submits them to the registry office.
3. The wife comes in 30 days to file the divorce.

Deadlines and documents

After receiving the documents, the civil registry office specialist will set a date for divorce. But it will not be earlier than in 30 days.

The applicant must appear on this day, otherwise the marriage will not be dissolved.

Sample application

When an application for divorce is submitted to the registry office by one spouse, and the second is not able to be present, it is necessary to fill out form No. 10.

Each spouse completes their marriage independently.

Divorce procedure

When the second spouse receives the application, he must contact the registry office. You need to have with you:

• passport;
• a receipt for payment of state duty in the amount of 1300 rubles;
• Marriage certificate;
• application from the second spouse and a copy of the passport.

On the appointed day, the applicant must appear at the civil registry office to confirm the divorce decision and receive a divorce certificate. From this day on, the marriage is considered dissolved.

Divorce through MFC

One of the ways to apply for divorce is to contact the MFC. You can submit an application through any branch of the MFC:

• in the locality at the place of registration of one of the spouses;
• in the locality at the place of temporary registration of one of the spouses;
• at the place of marriage.

The procedure for divorce by mutual consent through the MFC:

1. Receiving a coupon. You can order a coupon in advance on the MFC website or directly at the branch on the day of application. In the first case, the spouses must appear on the appointed day. They will not have to wait in line; the operator will call them at the appointed time. In the second case, admission is carried out on a first-come, first-served basis.
2. Submitting an application. You need to have a marriage certificate and civil passports with you. When applying through the MFC, spouses must fill out a joint application for divorce. The center operator will print out the form. Spouses must fill it out and submit it along with the package of documents.
3. Payment of state duty. Special terminals for payment are installed in MFC branches. You can obtain details directly from the operator. The received receipt must be attached to the application.
4. Receiving a receipt. The last step in submitting your application will be to receive a receipt for the documents. In the receipt, the specialist will indicate what documents he accepted from the spouses and what date the divorce was scheduled for.

It is not possible to file a divorce through the MFC. On the appointed day, spouses must contact the selected registry office to complete the procedure.

Divorce through State Services

In 2021, you can apply for divorce using the State Services electronic portal. To do this, each spouse must have a strengthened electronic signature and a confirmed personal account on the portal.

Application procedure:

1. The electronic form is first filled out by one spouse, pays the state fee, and then sends an invitation through the State Services portal to the second spouse.
2. The second spouse receives an invitation to complete the application via email. He must follow the link received, fill out an application on his own behalf and pay the state fee.

You cannot file a divorce through State Services. You can only submit an application to the registry office. On the appointed day, you will have to visit the branch in person to obtain a divorce certificate.

Advantages of applying through the portal:

• You can submit an application without leaving your home;
• the cost of state duty is 30% lower;
• can be submitted at any convenient time;
• you can choose a convenient date and time to contact the registry office;
• you can choose the appropriate registry office

Disadvantages of filing an application through State Services:

• each spouse must have a personal account on the portal;
• each spouse must have an enhanced electronic signature;
• Minimum PC skills required.

Divorce through court with children in 2021

If a married couple has minor children together, then to obtain a divorce they will have to go to court:

1. If the divorce is finalized by mutual consent, the application is submitted to the Magistrates' Court.

Before the divorce, the spouses must decide with whom the children will live and how the other parent will communicate with them. Your decision can be formalized in the form of an agreement signed by both parents. The agreement must be attached to the package of documents for divorce in court.

1. If the plaintiff wants to recover alimony from the defendant during a divorce or determine the place of residence of the children, then the application will have to be submitted to the district court.

The procedure for divorce by mutual consent with children:

1. Preparation of documents.
2. Filling out an application.
3. Payment of state duty.
4. Sending documents to court.
5. Attending a court hearing.
6. Obtaining a court decision.

Let's look at each stage in more detail

List of documents for divorce through court with children

Before going to court, the divorce initiator must prepare:

• passport;
• marriage certificate;
• children's birth certificate;
• children's passports, if available;
• an extract from the house register;
• receipt of payment of state duty;
• agreement on the place of residence of children;
• agreement on the procedure for communicating with children.

Note! When filing documents for divorce, the marriage certificate must be provided in original form. If you attach a copy of it to the documents, the court will return the documents without consideration.

Sample application for divorce with children

You can draw up the application yourself or involve a lawyer in this.

Divorce fees in 2021

The state fee for divorce with children by mutual consent in 2021 is 600 rubles. The same amount will be recovered by the court from the second spouse. When contacting the registry office to register a divorce, spouses will have to pay an additional 650 rubles.

If only one of the spouses applies to register a divorce, then he must bring a receipt for payment of 1,300 rubles.

Jurisdiction of family matters. Who to contact

Federal and magistrate judges differ in their level of competence and peculiarities of the conditions for conducting the process. They have different status. Federal judicial officers are more competent.

When going to court, you should be guided by the complexity of the upcoming case and the degree of preparedness of the judges. If there are no unresolved disputes between you about property and children, you will be quite satisfied with the magistrate. If there is no agreement, it is necessary to apply to the district court, where civil cases are heard by federal judges (Article 23; 24 of the Code of Civil Procedure).

Spouses have the right to change the territorial jurisdiction of their case by mutual agreement. This is stated in Art. 32 Code of Civil Procedure. Even before the case is accepted for proceedings in court, contractual jurisdiction is allowed. The agreement reached and information about the place that the parties have chosen for their divorce case is drawn up in writing and submitted to the court.

Legal issues

How long does a divorce by mutual consent take?

The duration of the procedure by mutual consent depends on the organization with the help of which the divorce is filed:
1. If the divorce goes through the registry office, then 30 days must pass from the moment of filing the application to receiving the divorce certificate; 2. If the divorce goes through the magistrate's court, then two or more months will pass from the moment of filing the application until the official divorce. And another 30 days, the court decision will enter into legal force. And only after this you will be able to obtain a divorce certificate 3. If the divorce goes through a district court, the process may take even longer. Because in addition to the divorce, the court will have to settle the dispute over alimony, determining the child’s place of residence or the order of communication with him.

How to divide property during a divorce without court by mutual consent?

Spouses can divide jointly acquired property without court by mutual consent.
To do this you can use: 1. Marriage agreement.

A prenuptial agreement can be concluded before the marriage or during the marriage. It cannot be concluded after a divorce. In it, spouses can stipulate which property will be personal and which property will be joint. And also provide for the payment of alimony for one of the spouses.

In a prenuptial agreement, you can divide property that has already been purchased or that is planned to be purchased. Additionally, spouses can provide for the procedure for dividing general and personal debts. After a divorce, the marriage contract ceases to be valid, with the exception of clauses provided for in cases of divorce.

The marriage contract must be certified by a notary. Otherwise, it does not receive legal force.

It is difficult to challenge a prenuptial agreement. To do this, the spouses will have to go to court and prove that the document violates their legitimate interests. As judicial practice shows, the likelihood of a positive decision is low. Therefore, lawyers recommend using a prenuptial agreement when entering into a marriage to protect your property interests.

2. Agreement on division of property.

An agreement is a contract that spouses enter into regarding property that has already been purchased. With its help, you can divide both personal and joint property. The agreement also needs to be certified by a notary. After which it will receive legal force. Then it must be submitted to Rosreestr or the State Traffic Safety Inspectorate in order to re-register the property in accordance with the terms of the agreement.

If spouses want to divide property by mutual consent, it is better to do this before the official divorce. In this case, the division of property will not be subject to tax. If you divide property after a divorce, you will have to pay personal income tax. And this is 13% of the value of the property received.

How to quickly get a divorce by mutual consent?

Many spouses are interested in how to get a divorce quickly.
But the law does not provide such an opportunity. A lengthy divorce procedure is provided so that the spouses can think about and weigh the decision made. Therefore, the minimum period for divorce is 30 days. This is a situation where a divorce goes through the registry office. The minimum period for divorce through a magistrate or district court is 2 months.

There is no way to get a divorce any faster.

What does it take to divorce your wife without children by mutual consent?

To obtain a divorce without children by mutual consent of the spouses, you must:
1. Collect documents (passport, marriage certificate, receipt of payment of state fees). 2. Fill out an application in Form 9. 3. Submit an application to the registry office in person or through the MFC. If the spouses have an electronic qualified signature, then they can submit an application through State Services. 4. After a month, visit the registry office to obtain a divorce certificate.

Is it possible to divorce a child under 1 year of age by mutual consent?

In accordance with Art.
17 of the RF IC, a husband cannot apply for divorce if the common child is less than 1 year old. But this rule does not apply to divorce by mutual consent. If the husband and wife agree to divorce, they can file a claim in court at any time, regardless of the age of the child. It is believed that it is better for a woman to initiate a divorce with a child under 1 year of age. This way, the judge will not have the opportunity to refuse to consider the application due to the fact that the child is under 1 year old. In practice, the court will accept the husband’s application and consider it if the woman does not submit an objection to the claim to the court.

If the family has a child under 1 year old, you cannot apply for divorce through the registry office. This rule applies even if the husband is not the biological father of the child.

How to draw up an agreement on the division of property between spouses after a divorce with mutual consent?

If the spouses agree to a divorce and have reached a common agreement on the division of property, then they can enter into an agreement.
Procedure:

1. Discuss the exact procedure for dividing joint and personal property. 2. Draw up a draft agreement. 3. Collect documents for the property. 4. Contact a notary to certify the agreement. 5. With the received document, each spouse must apply to the authorized bodies to re-register the property in their name.

Note! When dividing property by agreement, the objects must be owned by at least one of the spouses.

Cannot be divided:

1. Property registered in the name of children. 2. Objects provided for free use. 3. Leased property.

For example, during their divorce, Ilya and Ekaterina wanted to share an apartment, a car and a dacha. The apartments were to become the property of the husband, and the woman received a car and a dacha. But the spouses did not register ownership of the dacha. The municipality was considered its owner, and the spouses were tenants. Therefore, they cannot indicate in the agreement that Katerina will be the owner of the dacha. First, they need to register ownership of the plot.

Is it possible to file a divorce from a husband if there are minor children under 3 years of age by mutual consent?

Spouses can file for divorce by mutual consent if the family has children under three years of age. To do this, you need to apply to the magistrates' court in the general manner.

Right to Divorce Litigation and Exceptions

The following have the right to initiate the process unilaterally:

1. Any of the spouses.
2. Guardian of any member of a married couple if he is found incompetent.
3. A prosecutor acting as a plaintiff on behalf of an incapacitated or disappeared spouse. The Law “On the Prosecutor's Office” provides for the possibility of participation of a representative of the prosecutor's office as a plaintiff in a civil case.

A husband cannot register a claim document without the consent of his pregnant wife or if a year has not yet passed after the birth. It is important that this exception applies even if the child was stillborn or died before one year (Article 17 of the Family Code). These restrictions are introduced to protect the interests of the mother and child.