Statement of claim for divorce and division of marital property

What documents are needed for divorce

There is no difficulty in preparing documents for divorce. There is a slight difference only depending on how the process will take place - through the registry office or the court.

Application for divorce

This document informs the authorized bodies of the desire to dissolve your marriage. If the marriage relationship is dissolved through the registry office, then the application must indicate the absence of children under 18 years of age and property disputes. The application can be written on the spot when submitting documents.

When a marital relationship is dissolved, a statement of claim is drawn up through the court. This is a more substantive document, it should indicate:

• information about marriage registration, information about children indicating their ages;
• reasons for divorce outlining the arguments of each side;
• additional information about the facts and circumstances on which there are disagreements: division of property, place of residence of children, issues of alimony, etc.

You can also provide other information that is relevant in a particular situation.

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Contents of the application for divorce and alimony (if there are children)

If the family has children under 18 years of age, then their details must also be indicated in the text of the statement of claim for termination of the marriage.

It is necessary to write down the full name of each child and his date of birth.

Next, the plaintiff must indicate how he wants to receive alimony. This can be a voluntary order, when a man and a woman themselves agree on the amount of payments, or a forced one - when a court sets a monthly amount.

In the text of the application for alimony, it is also necessary to make a note about the child’s disability, if any.

Divorce through the registry office

A simplified and fast option, which is only possible with:

• absence of property disputes;
• mutual desire of the parties to end the marriage;
• absence of minor children.

Documents for filing for divorce through the registry office:

• statement of the spouses;
• passports;
• an additional application from one of the spouses, if it is not possible to appear at the registry office;
• payment of state duty.

There is no time limit for reconciliation; the divorce is formalized on a designated day, which is agreed upon with the spouses. In addition to the joint application, you must submit passports, proof of payment of state fees, and a marriage certificate.

How to write an application for divorce to the registry office?

An application for divorce to the registry office has a strictly defined form, fixed in Russian legislation, therefore, when drawing it up, you need to use a ready-made form that can be obtained from the registry office. A correctly completed application will save time, so for convenience it is best to use a sample that will help you avoid mistakes and fill everything out correctly the first time.

When dissolving a marriage through the registry office by mutual consent, form No. 8 of the RF PP dated October 31, 1998 No. 1274 is used; in other cases, form No. 9 is used. If the divorce decision was made by the court, form No. 10 is used.

Basic information that is indicated in the divorce application to the registry office:

• full name of the registry office to which the document is submitted;
• information about both spouses (full name, date and place of birth, current place of residence, citizenship and nationality, passport details). Nationality is optional. Spouses also need to indicate the surname under which they intend to live after the divorce;
• details of the marriage certificate;
• reason for divorce (if provided in the form);
• spouses' signatures with transcript;
• date of application.

Divorce through court

Judicial proceedings require more time and are more complex from a procedural point of view compared to registration through the registry office. The trial is mandatory under at least one of the following conditions:

• presence of children under 18 years of age;
• the desire for divorce is not mutual;
• existence of property disputes.

Documents for divorce through court:

• a copy of the marriage certificate;
• a copy of the children's birth certificate;
• marriage contract (if any);
• income certificate (necessary for calculating alimony);
• other documents (inventory of property, etc.).

Divorcing spouses are given a 3-month reconciliation period. After its expiration, the court will either formalize the divorce, or refuse with an indication of the reason, or give an additional period for reconciliation.

Divorce (dissolution of marriage) is possible two ways:

• submitting an application to the registry office
• filing a claim for divorce in court

Each of these methods has its own distinctive features. Looking ahead, let's say that divorce through the registry office is faster and easier, but this method cannot always be used. Let's consider these nuances further.

Divorce at the registry office

This method is also called “simplified”. to dissolve a marriage through the registry office if the husband and wife:

• there is a joint desire to end the marriage relationship
• the spouses have no minor children
• there are no disputes about the division of joint property

Only if these conditions are met at the same time is divorce possible. The divorce procedure is carried out on a date agreed upon by the spouses. does not provide a period for reconciliation of the spouses . However, it must pass no earlier than 1 month and no later than 2 months from the date of submitting the application to the registry office.

Where and what documents to submit

Documents required for divorce:

• joint statement of the spouses
• passports of both spouses
• receipt for payment of state duty for divorce

Important!

If one of the spouses cannot appear at the registry office for divorce, then an application must be submitted on behalf of the absent spouse to register the divorce in his absence. The authenticity of this application must be certified by the body (person) authorized to perform this type of action (notary, official of local executive and administrative bodies)

The amount of the state fee for divorce in the registry office is 4 basic units, i.e. 116 rubles (1 basic - 29 rubles from 2021). These documents are submitted to the registry office at the place of residence or stay of the spouses (or one of them). In order for one spouse to change the surname that was before marriage, it is necessary to indicate this in the application for divorce. The marriage is considered dissolved after making a corresponding note in the passport. That's all. The procedure is really very simple. You are now officially divorced from your spouse.

Divorce in court

If at least one of the following circumstances exists, the divorce is carried out by the court :

• have minor children (1 or more)
• there is a dispute about property
• mutual agreement between the spouses regarding divorce has not been reached

When is divorce not allowed?

There are 2 cases in the event of which divorce is not allowed:

• during the wife's pregnancy without her written consent
• until the child reaches 3 years of age without the written consent of the other spouse with whom the child lives (if this spouse provides parental care for the child)

How to decide who the children will be with?

This issue is resolved by oral agreement of the spouses or by concluding a written agreement. If such an agreement is not reached, the court will decide with whom the child will remain, taking into account the following:

• attachment to one parent or another
• age of the child (upon reaching 10 years or more, the child’s opinion is asked with whom he wants to stay)
• opportunity to provide for a child
• who takes great care of the child
• opinion of guardianship authorities

At the request of the court, the child’s opinion about who he wants to stay with is clarified by the guardianship and trusteeship authority or at a court hearing in the presence of a teacher. It is also determined whether the child was influenced to make the necessary decision.

Spouses' property

As a general rule, property acquired jointly during marriage is community property. In the event of a divorce, the spouses' shares of joint property acquired during marriage are equal. At the same time, by court decision, the share of one of the spouses can be increased (decreased).

Common property of spouses that is not subject to division:

• belonging to one of the spouses before marriage, including income from its use and alienation
• received during marriage as a gift or inheritance, including income from its use and alienation
• personal belongings of both spouses, with the exception of jewelry and other luxury items
• things purchased during marriage with personal funds
• property acquired by a husband and wife after the termination of a common household
• personal items for minor children

Interesting!

Despite the fact that the property belongs to one of the spouses, it can be recognized by the court as common joint property if it is established that investments have been made in this property that significantly increase the value of such property (reconstruction, etc.)

Filing a claim

A claim for divorce should be filed in court at the location of the defendant spouse.

Sample statement of claim:

Payment of state duty

The state duty is paid at any bank branch. You are given a receipt, which you must keep, since it is a document confirming the fact of payment of the state duty, which is necessary for submission to the court.

Attentively!

The state fee for filing a claim for divorce should be paid according to the details of the court in which you are filing the corresponding claim.

State duty amounts:

• 4 basic values ​​- upon divorce for the first time
• 8 basic values ​​- if a second or subsequent marriage is dissolved
• In case of divorce from a person recognized as missing or incompetent, or with a person sentenced to imprisonment for a term of at least 3 years, the state duty will be 1 basic amount

Also:

If you make a claim for the division of jointly acquired property (together with a claim for divorce), then you will need to pay a state fee separately for this claim in the amount of 5% of the claim amount (the cost of the claim)

Documents to be submitted to court

After filling out the statement of claim for divorce and paying the state fee, you must attach the following documents:

• copy of the claim for the defendant spouse
• marriage certificate (original certificate)
• copy of children's birth certificate
• document confirming payment of state duty
• other documents (if there is a dispute about property, etc.)
• if a request for alimony is made - documents confirming income and their sources

Court

The collected documents must be sent to the court. It is better to do this by registered mail with acknowledgment of delivery, or take the documents with you in order to go to court yourself and take them to the office. If you have correctly filled out the statement of claim and provided the necessary documents and there are no grounds for leaving the claim without consideration, then within 3 days your claim will be accepted for proceedings. The court gives you a period of 3 months to take measures for reconciliation.
If, after this period of time, you still want to dissolve the marriage, you will be summoned to court to begin the divorce procedure. Best job offers in Minsk

How much does divorce cost?

Regardless of where the divorce is formalized - in the registry office or in court, this procedure requires the payment of a state fee.

Lawyer and other related expenses are paid separately.

Peaceful resolution of disagreements: pros and cons of a settlement agreement

A settlement agreement has pros and cons. There are more advantages, the disadvantages are not significant, as are the risks of challenging the contract.

A settlement agreement allows for a civilized resolution of a controversial issue. Judicial practice shows that the presence of this opportunity does not stop spouses from going to court. The reasons are different: from the Russian mentality, which is little familiar with contractual solutions to problems, to the desire to receive more property from the ex-husband (wife). The court makes a fair decision under Art. 195 Code of Civil Procedure. Jointly acquired property is divided equally between the spouses according to Art. 34 RF IC.

Division of property during divorce

Acquired or acquired property is common property, equally owned by the spouses. But the court has the right to increase or decrease the share of any of them, taking into account the specific situation. For example, if the children remain with the wife, then in order to protect their interests, the court may leave her more property and reduce the husband’s share. Not shared:

• personal belongings (except jewelry or other luxury items), as well as their minor children;
• inheritance or gifts received while living together;
• property that belonged to the husband/wife before marriage.

Also, property that was purchased/acquired by either spouse after the actual termination of the common household is not divided (relevant evidence must be provided).

Definition of agreement

This concept essentially hides a special agreement concluded between spouses. The right to draw up such paper is enshrined in Articles 23 and 24 of the RF IC. And Article 39 of the Code of Civil Procedure of the Russian Federation establishes that the agreement is accepted and considered by the court. Moreover, it has priority when making decisions during divorce proceedings over the opinion of the judge himself.

That is, if the spouses have reached a consensus and recorded their agreement on paper, all issues arising during the divorce will be resolved based on the document provided, but only if the latter is drawn up in accordance with established requirements and does not contradict the law.

The execution of such an agreement is associated with a large number of positive aspects:

• the process of divorce is accelerated;
• the husband or wife will not feel deprived, since they made the decision together;
• You don’t have to hire lawyers to protect your interests.

Among the disadvantages of accepting an agreement, it is worth noting the additional costs for notary services, as well as the possibility of disputes arising at the stage of discussing the agreement.

Issues that can be resolved by agreement

Spouses can independently determine and reflect in the document:

• the place where minor children will live, as well as the parent who will look after them;
• decision on the payment of alimony, both for the child and for the maintenance of the ex-husband or wife;
• how property acquired during cohabitation and considered common will be divided.

The range of issues that can be resolved through a settlement agreement is determined by Article 24 of the RF IC. If any of them is not taken into account in the contract, a decision on it is made by a judge.

Agreement form

The compromise found by the spouses should be recorded in writing. At the same time, Article 38 of the RF IC, considering issues of division of property, determines the need to notarize the paper.

Such an action causes additional expenses: an authorized lawyer will not certify the contract for free.

Who does a child stay with during a divorce?

Parents have the right to enter into an Agreement that stipulates the following circumstances:

• place of residence, alimony;
• participation in education, interaction, communication;
• traveling abroad, as well as other nuances.

If an agreement cannot be reached, the court is interested in the wishes of the children, and if they are over 10 years old, they are asked without fail, and if not, the need to question them is left to the discretion of the court. The opinion of the guardianship authorities, the degree of attachment of children to one of the parents, the capabilities of the father and mother to provide financial support for minor family members, and other factors are taken into account.

According to established practice, in most cases, Belarusian courts leave children to their mother.

Divorce statistics in Belarus