Divorce in the registry office: step-by-step instructions and description of the procedure

When does the moment of divorce come?

In Art. 25 establishes two types of moments from which a marriage will be terminated. This division is due to the fact that the relationship can be terminated in the registry office (in a limited number of cases) or in court:

• If the process takes place entirely in the registry office, the date of termination is considered to be the date when an entry is made in the civil registration book indicating that the divorce took place;
• If the divorce procedure took place in court, then the date from which the marriage will be dissolved is considered the day the divorce decision taken by the court comes into force.

The last paragraph applies only to those marriages that were or will be terminated after May 1, 1996 (clause 3 of Article 169 of the RF IC). If the divorce occurred before this date, then the moment of termination will be considered the date of the entry of this fact in the entry book in the registry office.

If a divorce occurs in court, then it is still necessary to register it with the registry office. The law obliges the court to report information to the registry office within a period of three days after the decision takes effect. To obtain a certificate from the registry office that the parties are no longer related by marriage, the former husband and wife (or only one of them) must write an application to this body, and a document from the court must be attached to it (usually the fact of the decision is confirmed by an extract out of him).

Conditions and grounds

A union that was concluded with a number of legal violations is considered illegal. The Family Code of the Russian Federation clearly outlines the prerequisites that facilitate this procedure. The grounds for recognizing a formalized marriage as invalid are cases in which at least one of the spouses:

• has not reached marriageable age and has not received proper permission from the relevant authorities;
• is a blood relative of another in a direct line (brothers and sisters, parents and children, adoptive parents and their adopted children);
• did not give voluntary consent (the family was registered under pressure or threat, when an agreement takes place between the parents of the spouses);
• kept secret the presence of sexually transmitted diseases or HIV infection;
• had no intention of creating a real family (fictitious), but for the purpose of obtaining profit and social privileges;
• previously registered a marriage with another citizen;
• declared incompetent.

Important! To begin the cancellation procedure, one item is sufficient.

One of the important conditions for marriage is the full consent of two persons and their reaching the required age. In our country, legislation has set the age limit at 18 years. If necessary, age limits adopted in other countries are taken into account.

Registration of a court decision in the registry office

In Art. 25 it is noted that a new marriage cannot be concluded if the registry office does not issue a certificate of termination of the old one. Even if there is a valid court decision, it must be registered at the registry office and obtain a certificate there. The procedure for carrying out this procedure is established in Chapter. IV RF IC.

To register a divorce, having in hand a document confirming the court decision, it is necessary (Article 35 of the RF IC):

• Contact the registry office with an application (from one or both parties). This may be the department in which the marriage was once celebrated or located at the place of residence of one of the applicants;
• You must attach a document from the court (an extract from its decision) stating that the divorce was recognized as completed;
• You also need to provide a document confirming the fact of transfer of the state fee (each applicant pays it for his copy of the certificate);
• You must take your passport with you.

It should be borne in mind that the decision, when it comes to divorce, takes legal force only a month after its adoption. You need to contact the registry office at this very moment (one month after receiving the decision). It often happens that people apply for a certificate after a certain time has passed. In this case, you will first have to request an extract from the court, and then apply to the registry office with it. If an entry has already been made based on an application filed by one of the parties, then there is no need to re-submit the document from the court.

Signs

By the absence of such circumstances between the spouses, it can be understood that the concluded family union is not real:

• intimate relationships;
• moral support;
• living together in a common area;
• communication;
• ignorance of basic facts from each other’s lives;
• general budget and things.

The pursuit of extraneous goals (evasion from military service, obtaining citizenship) is also one of the characteristic features of such violations.

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.

Who and how can demand the termination of marriage ties?

The plaintiff may be different persons, depending on the circumstances. At:

• if you have not reached the age of marriage - a minor citizen, his parents and the prosecutor;
• incapacity of one of the spouses at the time of official creation of a family - prosecutor or trustee, guardianship authorities;
• bigamy - a person who was in ignorance of another marriage;
• in the absence of consent - the citizen who did not give it;
• close relatives - persons who do not have information about close relationships, guardianship and trusteeship authorities.

In case of fictitious registration of a family and concealment of an existing venereal disease, a conscientious spouse has the right to apply to the courts.

If the official creation of a society cell was carried out with a citizen who was under eighteen years of age, then the following individuals have the right to file a claim:

• mother or father, adoptive parents;
• guardianship officials;
• the victim himself;
• prosecutor.

Remember! You can submit an application at any time, since there is no statute of limitations for declaring a marriage invalid.

The legislation of the Russian Federation provides different ways to terminate family relationships between citizens. There may be the following options:

• divorce in court or a registry office - some rights and obligations remain in relation to the other (alimony, property issues);
• invalidation or fictitiousness;
• in the event of the death of one or two spouses, they have the right to claim an inheritance.

In the second case, the possibility of obtaining compensation for damage arises.

Note! Questions about the division of existing property and the place of residence of children are dealt with only by the courts.

The process of dissolving a marriage if only one of the couple is involved

The dissolution of a marriage involves circumstances where one of the couple is unable to be present in person. But this requires serious reasons. For example, physically cannot be present due to health reasons, living in another city/country or working abroad.

Official facts make it possible to dissolve a marriage without the presence of both partners. Additional documents will be required: a power of attorney certified by a lawyer, indicating readiness to formalize the process of liquidation of the divorce, and an application on behalf of the absent partner, also certified by a notary.

An unconfirmed reason for absence is perceived as the partner’s disagreement with the divorce.

Understanding the term "divorce"

Divorce is the official termination of the relationship of a married couple with the provision of a certificate of liquidation of the family union. Special government agencies deal with the annulment of a marital alliance, as stated in Article No. 18 of the Family Code of the Russian Federation. According to the Code of the Russian Federation, the annulment of a marital alliance is carried out through the registry office and legal proceedings.

Only official relationships require termination. Cohabitants in a civil relationship are not subject to divorce.

If you like more video content, then watch our video on this topic:

Annulment of official relations, not burdened by children

The dissolution of family ties is a painful period for both spouses. The divorce procedure has many advantages. This mainly applies to those moments when the union is without children. But the registry office considers only those situations where a mutual agreement has been reached and there are no common children or financial disputes.

The husband/wife submits an application (form No. 8), and the following is attached to it:

• passport;
• marriage certificate;
• receipt of payment of state duty.

State services at the civil registry office for divorce cost 650 rubles. The state fee is charged to both.

List of required documents for liquidation of marriage through the registry office

The mechanism for annulment of a marriage through the registry office is simpler than through court proceedings.

What documents will be useful during a divorce through the registry office:

1. Both partners are in solidarity, there are no young children, financial disagreements: identity document; marriage certificate; application (form No. 8); a check confirming payment for government services.
2. One is in prison (3 years or more): identity document; marriage certificate; application (form No. 9); a check confirming payment for government services; a copy of the partner's verdict.
3. One is declared insane: identification document; marriage certificate; application (form No. 9) check confirming payment for government services (price 350 rubles); a copy of the court ruling on the partner’s insanity.
4. One is declared missing: identification document; marriage registration certificate; application; a check confirming payment for government services; a copy of the court ruling declaring the partner missing.

It is necessary to prove the absence of joint children, as well as adopted children, with supporting certificates.

Children from previous marriages do not affect divorce through the registry office in any way.

The presence of both partners in a divorce is a necessary condition. An exception is the imprisonment of a spouse for a period of more than 3 years, insanity or the disappearance of one of the couple. In such a situation, one person present at the divorce is justified by law.

Divorce during pregnancy

If a man seeks to divorce a pregnant woman or the mother of a baby under 1 year old, the court will refuse and postpone the consideration of the case to a later period. Unless the partner agrees to an annulment. We must not forget about the obligations to support and raise a young child; no one has canceled them.

If the initiator of the divorce is a pregnant woman, then the court considers the liquidation of the marriage immediately, as well as a request for monetary payments. Their amount will depend on the spouse’s salary. A prerequisite for filing a claim is to provide a certificate from the antenatal clinic confirming information about the gestational age.

Frequent reasons that push a woman to want a divorce:

• spouse's drug addiction;
• alcohol addiction;
• domestic violence;
• betrayal;
• gambling addiction.

The court accepts them as a serious reason and dissolves the marriage at any stage of pregnancy. An exception is the approaching birth, the consideration of the case will be postponed.

When a child is born 3 months after the divorce, the ex-spouse is registered as the father of the child. Doubts are considered only in court if there is evidence.