A new law is being prepared, after the adoption of which it will become dangerous to get married

Litigation related to divorce involves legal difficulties. The main one is the division of property (common assets and debts). Legal relationships between spouses are regulated by several normative documents of the Civil and Family Code of the Russian Federation #143. Some articles of the main bills have significant shortcomings, which lead to delays in divorce proceedings for months and years. In 2021, a set of amendments were made to the laws. Experts believe that after their consideration, the divorce procedure will be simplified. In this article we will look at the new law on divorce and its provisions. We will also list which divorce laws are new in Russia.

What is divorce and the rights of spouses

Marriage and family relations are based on mutual love and respect (Article 1 of the RF IC). But in life there are legal, financial, everyday and personal problems that lead to divorce.

Termination of marital relations is a public procedure established by law that regulates issues of common property of spouses. The legal framework in Russia provides for two methods of divorce: voluntarily through the registry office and through the territorial court with the filing of claims within the framework of the civil procedure code.

The provisions of regulatory documents establish that a husband and wife have the right to count on a share of jointly acquired property and the right to raise common children. The legislative framework for measures taken during divorce includes the “Law on Executive Proceedings” No. 229 of 2007.

State fee for marriage registration

How are these conditions checked? The legal basis for the registration procedure is a mutual application from a man and a woman. It is the information specified in the text of the application that will be the subject of verification by the registry office employees.

Those living together officially have common property, which in the event of a divorce is divided equally, regardless of the participation of each party. It doesn’t matter whose money was used to buy an apartment, a car or a country house. Everything acquired together will be divided equally. In fairness, let us recall that there are exceptions, but the author of the bill decided not to go deeper into them.

Ekaterina and Andrey want to formalize their relationship. Katya is 8 months pregnant. In this situation, registry office employees can register the marriage the next day.

In 2021, the horoscope does not favor starting a family on Saturdays. Throughout the year, it is not recommended to get married in the first half of the week. Tuesdays and Wednesdays will be considered especially unlucky.

April marriages concluded in 2021 will be short-lived. May is also not particularly successful in terms of marriage. There is a belief that newlyweds who get married in May will “suffer” for the rest of their married life. Marriages this month will also often break up due to infidelity. And July 2021 is favorable for marriage in general.

Marriage is a voluntary registration of family relationships. It gives rise to the rights and obligations of spouses. The basis for its registration is a statement by mutual consent of the spouses.

Considering that your future husband has Russian citizenship, you can get married on Russian territory. You can also register a marriage using a foreign passport at the registry office at your place of registration. However, given that the man has citizenship of another state, a certificate will be required stating that he is not married in Germany.

Marriage is registered on the basis of a joint written application of persons wishing to marry. Unlike the previously existing procedure, when an application could only be submitted at the place of residence of the bride or groom, such an application can be submitted to any civil registry office on the territory of the Russian Federation.

What are personal non-property and property rights of spouses

The list of the main intangible benefits of a husband and wife includes:

implementation of professional activities;
free choice of interests;
freedom of movement and residence;
equal rights to family planning and raising children;
equal right to material goods (house, apartment, cash account);
other family issues.

Relationships of this kind are not regulated by a marriage contract, do not end after marriage, and are not subject to the influence of one of the spouses.

The list of parental rights and responsibilities for raising children (including adopted children) for both spouses is regulated by Article 47 of the Family Code:

care, development, communication with your children;
protection and representation of the interests of minor children before third parties;
participation in the educational process;
assistance in providing medical care.

New Marriage Law 2021

Astrologers do not recommend getting married during a lunar eclipse. Marriages concluded on this day turn out to be unhappy and relationships are conflictual. And the wedding day itself is accompanied by serious troubles, quarrels and problems.

It is considered unfavorable for starting a family. Moreover, the year immediately following a leap year is also unsuitable for marriage. This year is called the “year of the widower.” If you follow the beliefs, then 2021 will be exactly like this. Signs indicate that during the year there is a high probability of the premature death of one of the spouses.

The department argued this proposal by the fact that the ability to independently choose a wedding day will eliminate the corruption component in relations between civil registry office employees and newlyweds, who, under the current rules, are often forced to “negotiate”, and, to call a spade a spade, pay bribes to agree on convenient dates.

Until now, marriage registration was scheduled for a date exactly one month from the date the newlyweds submitted their application. The new rules will give the bride and groom the opportunity to choose the day of their future wedding when submitting an application, ranging from a month to a year. In addition, if there are good reasons, the registry office employees can agree on the wedding ceremony before the end of the month.

On the one hand, this is easier, especially for the spouse, who is not included in the purchase and sale agreement, and sometimes does not even know about the purchase of real estate by the second spouse. On the other hand, this can create certain problems. It often happens that spouses have not lived together for a long time and for some reason have not officially dissolved their marriage.

N 22-FZ “On Amendments to the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” and certain legislative acts of the Russian Federation regarding the regulation of the legal status of stateless persons","name":"Federal Law of February 24, 2021 , a marriage is registered one month after submitting an application to the registry office, and if there are good reasons for delay, within two months.

We are talking about bill No. 835938-7 on amendments to certain legislative acts of the Russian Federation regarding property relations of spouses. This bill involves quite serious changes to the Family Code of the Russian Federation, quite seriously changing the norms of family law related to the common property of spouses.

If the temporary identity card of a stateless person in the Russian Federation is canceled in connection with the establishment of the citizenship of a foreign state or in connection with the establishment of a state ready to accept a stateless person, this person is obliged to leave the Russian Federation within fifteen calendar days .

The conditions and procedure for concluding a marriage are regulated by the norms of the RF IC and have not changed significantly in 2021. A man and a woman can enter into a marriage relationship subject to the requirements set out in Chapter 3 of the RF IC. In this material, we will analyze the rules for filing an application for registration of family relationships in the Russian Federation, as well as various nuances that may arise during this procedure.

Official Divorce Bill 2021

Schemes for conducting divorce proceedings provided for by Russian legislation:

the simplified procedure is applied with the mutual consent of the husband and wife who do not have minor children;
divorce through the registry office if one of the spouses does not agree;
proceedings in federal court in the presence of serious property disputes, which can significantly complicate the process.

The main basis for divorce is the submission of a written application by one of the spouses. The divorce certificate is issued by an administrative officer. If one of the spouses refuses the claim, he can go to court.

The statement indicates the reason for the divorce:

one of the family members is officially declared missing;
one of the parties became a participant in a criminal offense;
long-term residence of spouses separately (more than 10 years);
incapacity of one of the spouses;
personal data, presence/absence of children.

These reasons must be confirmed by relevant documents and regulations.

Cost of services in divorce cases

The new law on divorce in Russia also provides for the payment of a state fee, which is established when filing a claim. The new amendments made to the bill set the following prices:

650 rub. paid by both parties upon divorce under a simplified procedure;
the same amount will be paid by the former spouses upon dissolution of the family union through the court;
350 rubles – in case of incapacity of one of the spouses, resulting in unilateral divorce according to a simplified procedure.

Main innovations in the rules for dividing property of spouses

As described above, the standard procedure for dividing property provides for equal shares of the two spouses. The size of the allocated spousal portion is determined by the court. If the owners have reached an agreement or there is a prenuptial agreement, there is no need for litigation.

When filing an application to court for divorce, the plaintiff and defendant face the following problems:

the law does not regulate the mechanism for fulfilling debt obligations;
the emergence of difficulties in the division of real estate, securities, business;
the court or notary authority establishes monetary compensation in exchange for an undivided share, but the defendant does not bear serious responsibility for violating the decision of the legal authorities;
concealing part of the husband's (wife's) income violates the interests of the second spouse, since he loses the opportunity to receive compensation for part of the indivisible property.

The law on the regulation of family relations has remained virtually unchanged since the times of the Soviet Union and is not fully applied to marital disputes. Lawyers hope that the new divorce law will change the situation. The provisions of the bill may regulate the mechanism for dividing earned material benefits if it is approved by the Russian Duma. The amendments to the bill were satisfied by the ministerial departments of Russia and met with a positive reaction from the expert legal community.

"Bitterly!" by minute

The minute-by-minute timing of the wedding ceremony is prescribed in the draft administrative regulations for the work of the registry office, which the department submitted for public discussion.

According to the new rules, the maximum time for registering a marriage should be no more than 70 minutes. Including 5 minutes to get your passport stamped.

If the bride or groom comes to the wedding with expired passports, they will not be registered

For comparison: today the maximum duration for registering a marriage is 71 minutes, including 3 minutes for affixing a stamp.

Each registry office must have free parking, this rule remains unchanged. But now civil registry office employees will no longer require receipts for payment of state fees: they will be able to check this information themselves in a special database.

The reason for the development of the new regulations was a major event that is currently being prepared: all civil registry office databases will be united. For the first time, a unified electronic register of the population will be created, with all the key biographical data of each person: when he was born, got married, celebrated the birth of children, etc. After all, all this is recorded in the archives of the registry office.

Until now, databases were collected separately in each region. Gradually, the archives were converted into electronic form; in some places this work began earlier, in others later. The leading region in this direction was the Republic of Tatarstan.

However, the disadvantage of the system remained the disconnection of these bases. The Khabarovsk Territory had its own base, the Amur Region had its own, and then everywhere on the map of the country. Therefore, if a person, for example, was born in Vladivostok, got married in Irkutsk, and had children in Novosibirsk, then it was necessary to collect information when preparing documents for all regions. Sometimes, in order to get a duplicate birth certificate, you had to write a request almost to the other end of the country.

But the Unified State Register of Civil Status Records will soon begin to function. All electronic systems of registry offices will be closed into a single network.

“Citizens will quickly feel the convenience of a single database,” says Vladimir Gruzdev, Chairman of the Board of the Russian Bar Association. — It will be easier to resolve many issues related, for example, to obtaining duplicate certificates and processing documents. The provision of government services in electronic form will certainly expand.”

Nowadays you can even apply for marriage registration or divorce via the Internet.

“The norm allowing applications to be submitted to the registry office online appeared in the law two years ago,” explained Vladimir Gruzdev. — This procedure significantly saves time, and most importantly, simplifies the procedure for submitting documents to people who are planning to get married. Previously, in order to book a convenient day and time for a wedding, there were sometimes difficulties. Now you can choose your wedding date online and immediately submit a legally binding application.”

After this, loving people will only have to come to the wedding: this ceremony, of course, cannot be done without personal presence.

And the new regulations spell out minute by minute how long all procedures at the registry office, including marriage registration, should take. An important point: now citizens will have to be more careful. If a person comes to his wedding with an expired passport, there will be no wedding. At the age of 20 and 45, passports must be replaced; exactly one month from the date of birth is allotted for this.

When submitting documents the old-fashioned way - at a personal reception - the registry office employees themselves check whether the passport will be expired on the day of the ceremony. If so, they warn people and make a special note in the application. Now, if the application is submitted electronically, passports will be checked immediately before the wedding. And if the bride or groom are careless, they will leave the registry office still single.

Divorce under the new legislation

The innovations apply to notarial transactions and court decisions.
Experts have identified a list of property obligations that can be divided according to the principle of agreement. The bill provides for the execution of the contract taking into account the total debts and shares, as well as provisions that guarantee mandatory repayment. List of new provisions in the consideration of cases during divorce proceedings:

the division of joint assets will be carried out by determining the parts of both parties with a list of movable and immovable property, the amount of material compensation;
the judge's decision must indicate the exact debt share;
Until the amount of material compensation is determined, the law automatically imposes restrictions on the use of property, doing business, and conducting real estate transactions (donation, rent, sale), until the other party to the divorce receives the entire amount of the debt.