State duty is a mandatory monetary payment that is levied by various official bodies for the provision of certain services, performance of functions and registration of legal facts. The amount of the state duty is provided for and regulated by Russian legislation, namely, Chapter 25.3 of the Tax Code of the Russian Federation. The latest changes to this chapter were made and entered into force on January 1, 2015.
A state fee is also charged for divorce, because divorce is a kind of legal fact.
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Dmitry Medvedev put forward a proposal to increase the state duty for divorce of spouses. According to him, it should be up to 30 thousand rubles, however, this idea did not pass.
And since the new year, the amount of state fees for divorce has increased.
How much does it cost to get divorced in 2015?
The amount will depend on the method of divorce. Today there are two of them: through the court, or the registry office. Depending on this, costs will be determined. In addition, the size of the amount paid may also be affected by the composition of the claims.
For example, a divorce claim may contain demands for the dissolution of a marriage, the division of joint property, and the recovery of alimony for children or a second spouse. Each of them will be paid with a separate state duty.
So, let’s look in more detail at each of the expense items in relation to the family’s chosen method of terminating the relationship.
How much does a divorce cost in the registry office in 2015?
The rise in prices also influenced the change in the payment for terminating a relationship on a voluntary basis.
For example, if in the previous year it was necessary to pay 450 rubles for a divorce, today this amount has increased by 200 rubles. Considering that during a divorce, both spouses pay the fee at the registry office, currently each will have to pay 650 rubles. There are situations in life when it is possible to terminate a marital relationship through the registry office on the initiative of one of the spouses, even when children grow up in the family. This happens if the second family member is declared incompetent or missing. In addition, a divorce on the initiative of only one person can also be filed in the case where the second spouse was sentenced to serve a sentence of 3 or more years. In all the described cases, the state fee for divorce will be 350 rubles, and one person must pay it.
Before submitting all papers to terminate the relationship, it is advisable to find out in advance from the registry office all the calculation data for filling out the receipt. After all, they tend to change frequently.
How much does a divorce through court cost in 2015?
If one of the family members wants to end the relationship with the help of the court, then he will have to pay a state fee of 650 rubles.
And this is only if demands for alimony and division of common property are not made. Plus, if the spouse engages a lawyer in the divorce proceedings, then he will have to pay for his work, the cost of which will depend on the complexity of the case and the number of court hearings. When the statement of claim raises the issue of child support, the state duty will be an additional 150 rubles. If another family member is also entitled to receive alimony at the same time (for example, a mother caring for a newborn child), then a payment in the amount of 300 rubles must be made.
However, after the court makes a decision to terminate the relationship, you will still have to apply to the registry office to obtain a divorce certificate. In such a situation, a state fee is also paid, the amount of which is also 650 rubles.
How to pay a fee in Sberbank Online
Since there are often long queues at Sberbank branches, and issuing a receipt itself takes some time, this method is not the fastest possible. The operating hours of Sberbank branches can also become an obstacle to paying state fees there. The instruction has been sent to the bank that maintains the payer’s account. Funds are transferred from a deposit account. If for some reason the account does not have the required amount of money, but the agreement between the bank and the payer provides for an overdraft, the transfer will be carried out.
Payment of state duties through Sberbank online
When filing claims containing claims of both a property and non-property nature, the state duty established for claims of a property nature and the state duty established for claims of a non-property nature are simultaneously paid.
It is best to obtain receipts from the institution itself. Usually, employees themselves give forms to applicants and announce the amount to be transferred. If it is not possible to visit the organization, document forms can be printed from its official website.
- When paying by card, the specified information is filled in and further steps are taken.
- Money is sent from the phone according to recommendations sent by the mobile operator in a message.
- Electronic transfer is carried out on the wallet website.
Bank branches
The contribution amount will be reduced if the husband or wife applies for divorce unilaterally. In this situation, the consent of the second spouse is not required if one of them:
- Go to the Sberbank Online portal, enter your permanent username and password in the window on the left. Wait for an SMS notification with a login code.
- Select the “Payments and Transfers” menu at the top. In the search field, enter the TIN of the selected registry office and click “Find.” In addition, you can simply enter the word “Registrar Office”. A list of available registry offices will appear below. Select the one you need and proceed to payment.
- Next, you need to select the card from which the money will be withdrawn, and also specify the purpose of the payment. In the payment purpose, you need to select the “Registration of marriage” item from the drop-down menu. Click "Continue".
- Enter all the necessary data: full name of the payer, registration address, type of identity document and its number, citizenship. Click "Continue".
- Check all the details of the registry office, as well as your data. At the bottom, in the “Payment Amount” field, enter the amount of the fee (as a rule, the correct amount is entered automatically). If all the data is correct, then click “Continue”.
- Check all the data again and confirm the payment via SMS. To do this, click “Confirm by SMS”, wait for the password in the SMS message and enter it.
- The payment is completed and you can print a payment receipt.
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Will the state fee for divorce cost 30,000 rubles?
In order to prevent the breakdown of families, some deputies also put forward radical initiatives.
For example, at one time a draft law was submitted to the State Duma, according to which it was supposed to establish a state duty for divorce in the amount of 30 thousand rubles. Naturally, for many families such an amount would be unaffordable. However, even such initiatives could not solve the problem of divorce. Indeed, in the case of such a size of state duty, people would live unofficially for 2 families. To this would be added problems with property, alimony, the increasing number of civil marriages, etc.
However, the deputies showed common sense and decided to remove the proposed bill from the agenda due to its inexpediency.
What is the amount of state duty for divorce when dividing property?
A completely different situation occurs when a dispute arises between spouses about the division of joint property.
In this case, the state duty is paid separately depending on the value of the share claimed by one of the spouses. It is advisable to evaluate it in advance. In the case of real estate, this will be a certificate from the BTI; when dividing vehicles, an independent examination will be required. For the division of other property, current prices will be taken into account.
The minimum state duty for dividing property will be 400 rubles, and the maximum - sixty thousand. There is a scale in rubles for calculating state duty. Thus, if the value of the disputed property does not exceed twenty thousand rubles, then the state duty will be 4% of the amount of the claim, but not less than four hundred rubles. For large amounts in rubles the following rates are established:
• from 20,001 to 100,000 – eight hundred rubles + 3 percent of the amount that exceeds twenty thousand rubles.
• from 100,001 to 200,000 – 3,200 rubles plus 2% of the amount exceeding one hundred thousand rubles.
• from 200,001 to a million – 5,200 rubles and half a percent of the amount over two hundred thousand rubles.
When the value of the disputed property exceeds one million rubles, the cost of state duty will increase significantly, but in any case it will not exceed 60,000 rubles. As a rule, large amounts of state duty are paid when the subject of division is real estate, vehicles, jewelry, and antiques.
It happens that a party may not agree with a court decision regarding the property awarded to it. In this case, she has the right to appeal. A state duty is also paid for it, but in a much smaller amount. Regardless of the value of the property, the payment to the court will be 150 rubles.
As you can see, the cost of a divorce can range from 350 to 60,000 rubles. And this does not include the services of lawyers, which also have their own price. Therefore, when deciding to divorce, you need to weigh everything and calculate the possible costs in advance. Perhaps they will cover the cost of the disputed property.
However, it is necessary to remember one more point. In the future, all expenses incurred can be recovered from the opposite party. Moreover, this applies to both state fees and legal fees. This may require a separate application to the court.
Time frame for divorce proceedings
After the spouses go to court, they must wait a month until the consideration of the case begins. Each spouse is notified of his appearance by a summons from a government agency. The address notification will be sent to the coordinates specified in the application. There are some situations that influence the course of events.
- At the time specified in the summons, the spouses were absent from the courtroom. In such a situation, the case is closed.
- One of the spouses did not come to the meeting. The case is postponed to another date. The reasons for the absence are being clarified. If the grounds are valid, the government agency sets another time for consideration of the claim. If there are no serious reasons, the judgment is made in absentia.
- In the presence of both parties, the decision is made at the first meeting. This happens if the rights of young children are not infringed and there are no misunderstandings about the division of property.
Divorce fee payment receipt
Regardless of where and in what amount the state duty is paid (to the registry office or to the court), you must have a bank receipt on hand confirming the transfer of payment.
In it you need to pay attention to the presence of several mandatory details. These include the payer’s initials, his passport details, INN and SNILS. In addition, the receipt must indicate the recipient of the state duty, his bank account, as well as the purpose and amount of payment.
When a receipt is not attached to a divorce claim, this is a reason to leave it without progress. If the payment is not made within the period set by the court, the statement of claim will be returned back to one of the spouses.
If residents of Moscow and the Moscow region have questions about expenses in connection with divorce, they can take advantage of a free online consultation from a lawyer. The specialist will not only tell you in what order the state duty is paid, but will also help you correctly calculate its amount depending on the nature of the requirements.
What state fees can be paid through Sberbank Online?
- Go to the Sberbank Online portal, fill in the login and password fields. Wait for the one-time password and enter it in the window that appears.
- At the top, find the “Transfers and Payments” menu. At the bottom, select “Staff Police, taxes, duties, budget payments.”
Document index for paying state duty through Sberbank online
According to clause 1 of clause 1 of Article 333.19 of the Tax Code of the Russian Federation, the state duty is determined based on the price of the claim: It turns out that the amount of payment is determined by the price of the claim, but cannot be less than 400 rubles. But in some cases the duty is paid as a fixed amount.
There is a 20- or 25-digit “document index” and it is the same as the UIN for payment of such a receipt. In the payment order, the UIN is entered in line 22. It can only consist of Arabic numerals or Arabic numerals and Latin letters. Please note that the UIN cannot be omitted, invented independently, or taken from another receipt or payment.
How to make a payment so that the service is provided by the official in a timely manner, and employees of authorized structures do not have any questions? What regulations regulate the payment of state duty, its size and timing? Whose shoulders are responsible for paying the state fee and in what cases? Let's look at the main types of government duties and the nuances of payment.
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For state duties, as for other types of payments, a personal identifier is provided, consisting of a unique digital set. If the payer does not know what a UIN is when paying state duty or does not have its exact meaning, we recommend checking the combination with the payee.
It is convenient to pay the state fee through the terminal. In this case, you will not have to stand in lines at the cash desk of a financial institution. You will need to enter the details, correctly determine the purpose of the payment, and select the territorial authority from the list to which the payment is sent. The receipt should be kept to ensure the safety of your own funds.
- Select the “Payments” tab;
- Go to the “Government Duties” category;
- Select “termination of marriage” (this tab is only available in Sberbank terminals);
- In terminals of other financial institutions, you need to indicate the words “divorce” in the comment;
- Enter your passport details, registry office details and other required information;
- Deposit funds (note that many of the terminals do not give out change after performing services, but they can be transferred to your mobile account or your card back);
- Receive a code via SMS to your mobile number;
- Confirm the transaction and receive receipts (you must save the receipt).
