How to avoid a “money scam” when divorcing your spouse?

Modern divorce between spouses consists directly in completing the procedure established by law, as well as obtaining as a result an official document confirming the official divorce. Just like any procedure that is carried out specifically by government agencies, the divorce process must be paid with a state fee (popularly called a fine for divorce). After carrying out the state procedure for state registration of a divorce, the former spouses are issued an official certificate of divorce. Now quite a lot of citizens are interested in the question of the cost of services for registering marriages and divorces, so below in the article we will answer this question in more detail. In 2021, there were heated discussions about the final amount of the state fee for divorce; this is directly related to the fact that the country has a rather difficult situation at the moment regarding the institution of family.

According to the latest statistics, 48% of married couples end their marriage. There are quite a few reasons for this, but the most common of them are:

alcohol and drug addiction, which results in more than 40% of divorces;
problems with permanent housing arise, they lead to divorce in more than 26% of couples;
interference of relatives in the family also in some cases contributes to divorce, about 14% of cases.

According to the authorities, a significant increase in the fine in large amounts can actually reduce the total number of applications for divorce by married couples, but this is unlikely to help save a happy family that has actually already broken up. An increase in the cost of registering marriages, as well as divorces, can affect the desire and ability of married couples to officially register their relationships. As a result, this can lead to a large number of “civil” marriages, where the rights of minor children, as well as spouses, are practically not protected.

Concept of penalty for divorce

In accordance with Article 16, paragraph 2 of the Family Code of the Russian Federation, a marriage union is dissolved at the request of 1 or two spouses. Its termination is a human right confirmed by law. However, when a married couple separates, by law they must pay a certain amount for the procedure.

From a legal point of view, this is not a penalty for divorce, but a fee. It is charged for paperwork, and is not a preventive measure for husband and wife.

Legal grounds for collecting state fees

The document determining the amount of payment in the Russian Federation is the Tax Code. When a family union is dissolved against the backdrop of simultaneous division of property, the amount of the duty is regulated by the Code of Civil Procedure of the Russian Federation.

The payment of money for the termination of a family union is regulated by Art. 333.26 part 2 of the Tax Code of the Russian Federation. On its basis, the divorce procedure is accompanied by the collection of a fee in the appropriate amount from both spouses.

State duty for a peaceful divorce through the registry office

It's good when people decide to disperse peacefully. This helps maintain neutral relations between former spouses and avoid unnecessary waste of nerves and paperwork. Article 333.26 of the Tax Code of the Russian Federation specifies the amount of state duty for divorce in all possible cases. Let's look at what awaits those who decide to divorce peacefully:

Conditions for a peaceful divorce. Mutual consent of the spouses greatly simplifies the divorce procedure. Otherwise, you will have to unilaterally go to court. Also, they will not simply divorce if there are children in the family, since it will be necessary to decide with whom they will live - with their father or mother. And this issue can only be resolved in court. Jointly acquired property and its division is another obstacle to divorce. If the family has not acquired any material assets during their cohabitation, then they can easily divorce through the registry office.
Amount of state duty. With the mutual consent of the spouses, the amount of the state duty is not so large: only 650 rubles from each side, and you can inhale the smell of freedom. How to pay this contribution to the state treasury? Payment details can be obtained both from the registry office and on the Internet. Any bank employee will help you pay this state fee upon personal appearance at the branch. You can also pay for a divorce at the post office, through an ATM or any other terminal for accepting payments. The easiest way to do this is through the State Services portal, then you don’t even need to leave your home, and free time is expensive these days. In addition, the State Services portal charges a smaller commission. After the state fee has been paid, both spouses should fill out a special form at the registry office and attach receipts to it.
Divorce through the registry office unilaterally. Despite the fact that the Civil Registry Office does not resolve family disputes, there are several exceptions when only one of the spouses can get a divorce in this office. They are spelled out in Part 2 of Art. 19 of the Family Code of the Russian Federation. So, you can dissolve a marriage individually if the husband or wife:
missing;
sentenced to imprisonment for a term exceeding 3 years.

What determines the amount paid?

A Russian citizen has the right to file a divorce at the civil registry office or through a court decision. In such cases, the person will have to pay money. The amount of state duty depends on several circumstances:

availability of consent to divorce proceedings from husband and wife;
there are common children who have not reached adulthood;
missing one of the spouses;
the husband or wife is in custody in prison for a period exceeding three years;
1 of the spouses is incapacitated;
All property and non-property claims are resolved.

Fine for divorce through the registry office

The procedure for divorce through this government agency is the simplest and more financially profitable option. It is carried out only in cases where there are no children under the age of majority and there are no mutual claims.

For a divorce in the registry office, with the mutual consent of the spouses, it is necessary to make a payment in the amount of 650 from the husband and wife. If the application is submitted by only one of them, the state fee is 350 rubles*.

*prices are valid for 2021

There are situations when the payment amount can be reduced to 200 rubles. This is possible if:

1 of the spouses is recognized as incapacitated;
there is a court decision where the person is declared missing;
The court sentenced him to imprisonment for a term of over three years.

The state duty involves preparation and issuance of a certificate of termination of the marriage union to both spouses.

Penalty for divorce in court

If a person decides to break family ties through the court, he must prepare for the fact that the costs will be more significant than in the registry office. When there are no disagreements related to the further division of jointly acquired property, the person who files the claim in court should pay 600 rubles for the consideration of the case.

After a person receives an extract from the court decision, he needs to appear at the civil registry office, where he will pick up his certificate of divorce proceedings. It is not free, you will have to pay 650 rubles* for it.

*prices are current for 2021

If former spouses need to divide property, the person claiming part of it must pay 400 rubles to carry out the procedure. If the property is valued at more than 20 thousand rubles, the payment will increase to 800 rubles + 3% of the amount of the property. When its value exceeds 100 thousand rubles, the state duty will be 3,200 rubles. + 2% of the property value.

Why was it decided to refuse to increase state duties?

These initiatives were accepted by deputies with particular doubt. This was justified for very good reasons: first of all, a fine of 30,000 rubles. is considered an unaffordable amount for low-income citizens, therefore it is a violation of their rights.

In addition, the amount of the fine for the process of registering a divorce has minimal impact on a significant improvement in the current demographic situation in the country. When a family has broken up, collecting a state fee for divorce will in no way restore the spouses’ previous relationship, but will only complicate their financial situation, and will also negatively affect the well-being of the children. This is explained by the fact that in addition to paying the state fee, spouses also need to pay for the services of lawyers, notarize documents and resolve issues related to the division of property. If we take only the minimum costs of the trial process, they include the following lawyer services:

drawing up and filing a statement of claim - approximately 5 thousand rubles;
representing your interests in court - about 13 thousand rubles;
appealing a negative court decision - 5 thousand rubles.

Making a final decision to increase the fine for divorce can only lead to an increase in fictitious marriages. After all, many people will agree to a civil marriage, realizing that if the family breaks up, they simply will not be able to find the money to pay the fine.

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Statistics of marriages and divorces over the past 5 years in Russia

According to many deputies of the State Duma, a fine of 30,000 rubles is more of a punishment for spouses than payment for public services. For most spouses, this amount of a fine is extremely problematic. Even if this amount is divided equally between the spouses, then for the mother who remains with the child, this is simply an unaffordable amount.

As a result of this, the deputies made a final decision that with an increase in the fine for registering a divorce, many couples will simply live in a civil marriage, and as a result of a breakup, single mothers will have to prove the paternity of their husbands for a long time in order to collect alimony from them.

After heated, long-term discussions of the problem, all deputies decided to leave the same level of state fees for registering marriages and divorces. Since 2021 it has been established, and since January 1, 2021 it has been slightly increased, but completely insignificantly. The document confirming the fact of divorce is a divorce certificate, which is issued by the registry office. Read in more detail: “How to obtain a divorce certificate.”

How to pay the state fee correctly

Art. 333.18 of the Tax Code of Russia states that payment must be made in case of divorce through the civil registry office or court before an application or claim is filed. The defendant pays the amount of divorce in court when the plaintiff’s claims are satisfied and the court’s decision becomes legally binding.

To deposit the required amount, a person has the right to contact a banking institution or post office. He needs to take the details of the institution where the legal procedure is carried out and the state fee is collected. You also need to know the budget classification code.

Former spouses obtain payment details from the authority where they intend to divorce.

Payment is accepted in two ways:

in cash: the procedure can be carried out in a banking institution, at the post office, in court;
electronic transfer: through ATMs, payment terminals.

To make a payment, a person must correctly issue a receipt. The document consists of 2 parts - a notice and a receipt. Both contain the required information:

name of the body receiving the payment (institution where the legal action is carried out);
Checkpoint INN code OKTMO;
account number of the institution receiving the state duty BIC KBK;
payment name;
Full name and address of the person making the payment;
amount of state duty;
payer's signature;
the date on which the transaction is performed.

If the payer pays for the service by non-cash method, then the electronic receipt issued by the ATM will look a little different. However, the data in it is the same.

The completed receipt or electronic check is presented to the registry office or court when the application for divorce is filed.

Cost of divorce through court

Not all spouses can divorce peacefully, even if they have such a desire. Obstacles include having children together, as well as shared housing and other material assets. The amount of state fees for divorce through the court is prescribed in paragraph 5 of part 1 of Art. 333.19 Tax Code of the Russian Federation. Let's consider the features of such a divorce and its payment.

When there are no disputes or disagreements between spouses. If the husband and wife have already agreed on everything, but they have something to share, then they will have to go to court and pay a fee of 600 rubles. When the court approves the divorce process, they are sent to the registry office with the relevant documents, having previously paid a fee of 650 rubles on each side. All state fees can be paid at any bank, at the post office, as well as on the State Services portal.
State duty and alimony. During a divorce, former spouses try to immediately resolve issues regarding child support. Almost all legal transactions are paid, but alimony plaintiffs may not pay a state fee to initiate a case, since they have the right to a benefit and are exempt from the main fee. The plaintiff must pay only the standard 650 rubles for paperwork at the registry office. This information is specified in Article 333.36 of the Tax Code of the Russian Federation (Part 1, Clause 2). However, the defendant will subsequently pay 150 rubles if alimony is collected only for the child, and 300 rubles if financial support was transferred to both a single parent and a common minor child (Article 333.19 of the Tax Code of the Russian Federation, Part 1, Clause 14) .
State duty and disputes about children. When divorcing, parents often cannot decide who the child will stay with and how much time the father and mother will spend with him. If there are irreconcilable differences, there may be situations where deprivation of parental rights is required. In all these cases, spouses need to resolve issues in court. When opening a case to protect the rights and legitimate interests of a child, plaintiffs may not pay anything (Article 333.36 of the Tax Code of the Russian Federation, Part 1, Clause 15). The defendant will subsequently be forced to pay the required amount. But for each claim presented to the defendant, the plaintiff must pay 300 rubles (Article 333.19 of the Tax Code of the Russian Federation, Part 1). That is, both deprivation of parental rights and, conversely, establishment of paternity require separate payment. Also, spouses need to pay 650 rubles of state duty and bring a receipt to the registry office with a ready-made court decree for divorce.
State duty for divorce with division of property. When spouses cannot divide their housing, car or deposits, they also need to go to court and pay a state fee. The percentage ratio of the state duty and the cost of the claim is as follows:
20 thousand rubles < amount of the claim < 100 thousand rubles, state duty = 800 rubles + 3% of the amount of the claim, which exceeds 20 thousand rubles;
100 thousand rubles < amount of the claim < 200 thousand rubles, state duty = 3200 rubles + 2% of the amount of the claim, which exceeds 100 thousand rubles;
200 thousand rubles < amount of the claim < 1 million rubles, state duty = 5200 rubles + 1% of the amount of the claim, which exceeds 200 thousand rubles;
claim amount > 1 million rubles, state duty = 13,200 rubles + 0.5% of the amount over 1 million, but not more than 60 thousand rubles.

Is there a fine for divorce in the amount of 30,000 rubles in 2021?

In 2013, the public was outraged by Dmitry Medvedev’s statement at a meeting of the Federation Council about increasing the state fee for divorce proceedings. According to him, her fine for divorce should be 30 thousand rubles. Dmitry Anatolyevich associated this size of payment with the study of statistical data on divorce. According to the Prime Minister, such an amount paid by a married couple upon dissolution of family ties should:

to form a responsible approach to the conclusion of a marriage as one of the most important events in the life of a citizen;
reduce the number of divorce cases.

When will 30 thousand for divorce come into force in Russia? The legislature studied public opinion and came to the conclusion that it was necessary to delay increasing the amount for the dissolution of a marriage. The bill has no legal force.

In 2021, the state duty for divorce of 30,000 rubles will not apply.

What do state fees depend on for divorce?

When a citizen turns to government agencies to perform legally significant actions, he pays for the services of specialists. This fee is called the state duty. All rates for this contribution are fixed in the Tax Code. When getting a divorce, you need to settle a lot of formalities, and you can get a divorce in different ways. Therefore, the amount of the divorce fee varies depending on the circumstances:

if the spouses do not have children together, and the divorce occurs peacefully, you will have to pay 650 rubles;
unilateral divorce, if one of the spouses is sentenced to a term of more than 3 years, has gone missing for a year or more, or is declared incompetent, requires a state fee of 350 rubles from the initiator of the divorce process;
Divorce after a court order is also paid - 650 rubles for each spouse.