How much does divorce cost in Belarus in 2021 and how to get a divorce certificate?

In Belarus, divorce has become a common solution to family difficulties. Spouses who have become strangers are not stopped by the long and painful procedure for divorce. Therefore, in 2013, the government decided to simplify the process and give Belarusians the opportunity to divorce through the registry office.

There are fewer applications to the courts. In 2021, only complex divorce disputes are heard in the courtroom, for example, if spouses are unable to resolve property and financial claims amicably.

In order for the divorce to take place as quickly as possible and without complications, lawyers recommend collecting the necessary list of documents; until they are properly executed, as required by Belarusian legislation, it is impossible to file a claim for divorce.

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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Filing a claim for divorce against a person whose place of residence and location is currently unknown can be carried out at the location of his property or at the last known place of residence in the Republic of Belarus.

• Application for divorce
• Original marriage certificate
• Receipt for payment of state duty
• Copy of the child(ren)'s birth certificate
• Agreement regarding children (if any)
• If a claim for alimony is made, it is also necessary to provide documents confirming the income of the spouses
• Other documents confirming or proving the reason for the breakup of the family are also allowed.

The amount of the state fee for divorce in the registry office is 4 basic units, i.e. 108 rubles (1 basic - 27 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.

• 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

Few people know that there are certain situations in which you simply cannot do without the help of professional lawyers.

We publish interesting materials about everything related to money in Belarus: investments, real estate, business, individual entrepreneurs, taxes and a little accounting, financial life hacks. All articles are based on the personal experience of the authors.

Legislative termination of marital relations between Belarusian citizens is possible upon the death of a spouse or divorce. Divorce is carried out through the registry office or court, and is the only possible way to officially terminate a marital relationship during the life of both spouses.

– By and large, there are no differences. Only when we file a claim for divorce in court does the question arise: which court should we go to? If a Belarusian and his spouse live in Belarus, then at the place of residence of the foreigner in Belarus. If, as usually happens before a divorce, the Belarusian woman returns to her homeland, and the foreigner remains in his own country, then everything is a little more complicated. If there is a minor child with the spouse, the woman has the right to file for divorce at her place of residence and it does not matter whether the husband comes for the divorce or not - he will be notified at a known address.

Alas, divorce is a fairly common occurrence, and the interfax.by portal has repeatedly raised this topic. But, if we are talking about a child under 3 years old, divorce occurs according to special rules. Elena Zhdanovich, managing partner of the Law and Family Mediation law firm, lawyer, mediator, told the interfax.by portal about them.

But in some cases the duty is reduced to 1 BV. This happens if the divorce is made on the basis that the partner has disappeared, been declared dead, or been sentenced to 3 years or more. How much does it cost to file a divorce in Belarus In January 2021 Based on the Civil Code. What is a will?

According to statistics, in 2021 there were 2 times fewer requests for divorce than for legal registration of relationships. Since the beginning of 2021, some amendments to Article 35/1 of the Code on Marriage and Family of Belarus have come into force.

For example, if it is proven to the court that one of the spouses, being able-bodied, did not want to work and led a parasitic lifestyle, without investing any money in the family. In this case, its share will be significantly less. Obligations to creditors whose funds were taken for the needs of the family are also divided in half.

“In our opinion, such a business model is unacceptable. Corresponding instructions have been given to bank managers. We warned banks that if such facts are revealed, thematic inspections will be carried out. Currently, similar checks are being completed in two banks. What we saw there did not please us. Based on the results of the inspections, supervisory response measures will be taken,” he said. — We are against masking additional fees when issuing a loan. As for the relationship between the bank and the client, I would like borrowers to look at the papers, and not just sign them. Our population is often guided only by emotions, so it would not hurt to reduce excessive emotionality when making relevant decisions.”

— Divorce is a last resort. However, if your decision to divorce is final, then this issue should be taken responsibly. In this article, we will consider how to resolve the issues raised in your appeal as competently as possible.

1. Which government agency should I contact?

The current legislation of the Republic of Belarus provides for judicial and non-judicial procedures for divorce.

If the spouses have reached a mutual agreement on the need for divorce and they do not have common minor children and a dispute about property, then in this case, in accordance with Article 35−1 of the Code of the Republic of Belarus on Marriage and Family (hereinafter referred to as the Code of the Republic of Belarus) , the marriage can be dissolved by the civil registry authority.

If at least one of the above conditions is not met (i.e. if the spouses have not reached mutual agreement on divorce; or if they have a common minor child; or if there is a dispute about property between the spouses), then in this case, according to Art. 36 Code of Laws of the Republic of Belarus, in order to dissolve a marriage, one of the spouses must go to court.

Additionally, it should be noted that the divorce by the court is carried out by way of claim proceedings, i.e. It is necessary to go to court by filing a statement of claim.

As can be seen from your application, you have common minor children from your marriage with your spouse. For this reason, you can only dissolve your marriage in court.

2. Jurisdiction (i.e. in which court to file the claim)

Article 46 of the Civil Procedure Code of the Republic of Belarus (hereinafter referred to as the Civil Procedure Code of the Republic of Belarus) establishes a general rule of jurisdiction, according to which the statement of claim must be filed with the court at the place of residence of the defendant.

However, in accordance with paragraph 10 of Article 47 of the Code of Civil Procedure of the Republic of Belarus, a claim for divorce can also be filed at the plaintiff’s place of residence when he has minor children with him.

Therefore, in your case, due to the fact that minor children live with you, you have the right to apply for divorce to the court at your place of residence, and you do not have to go to court in Minsk at the place of residence of your spouse.

3. State duty

According to the tax legislation of the Republic of Belarus, the amount of the state duty for filing a statement of claim for divorce is determined by the number of previously registered marriages (for this reason, information about the number of previous marriages should be reflected in the statement of claim).

When filing a claim in court for the dissolution of your first marriage, you must pay a state fee in the amount of 4 basic units; on the dissolution of a second and each subsequent marriage - in the amount of 8 basic units.

The costs of paying the state fee for filing a statement of claim in court are initially borne by the party that goes to court and thereby initiates the divorce process.

At the same time, as part of a statement of claim for divorce, the plaintiff may raise the issue of collecting the state duty he paid for filing a statement of claim from the defendant and present his arguments in support of this claim. Based on the results of the consideration of the case, the court will resolve this claim and, if it is found to be justified, will recover the specified legal costs from the defendant in favor of the plaintiff in full or in part.

You should also know that tax legislation provides grounds for exemption from paying state duty when going to court. However, your application does not contain enough information to determine whether in your case there are grounds for exemption from paying state duty or not.

Further, the Tax Code of the Republic of Belarus provides for the need to pay a state fee for issuing a copy of the court decision on divorce. In accordance with clause 15 of Appendix 14 to the Tax Code of the Republic of Belarus, the amount of this state duty ranges from 1 to 3 basic units. It is paid by one or both spouses (depending on the decision made by the court) after the court considers the divorce case. However, already at the stage of going to court as part of a statement of claim, the plaintiff has the right to raise the issue of imposing the obligation to pay this state duty in whole or in part on the defendant. This requirement is also resolved by the court based on the results of the consideration of the case; Often the court makes a decision on this issue taking into account the guilt of each spouse in the breakdown of the family.

4. Basis of claim

A marriage between spouses can be dissolved only if the court establishes with certainty that further life together of the spouses and the preservation of the family is impossible.

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.

Judicial divorce

Unfortunately, divorce is not always mutual. In some situations, the family does not come to a common decision, complicating the process of dissolving the relationship. Such situations are:

• there are minor children in the family;
• a mutual process is impossible due to property disputes;
• one of the spouses does not want to part with their other half peacefully.

Marriage and divorce statistics confirm that most breakups occur peacefully and only a few are problematic and take a long time. If this happens, the judicial authorities recommend using the help of lawyers and lawyers specializing in family relations.

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.

How to file a claim

The claim filed for divorce must include the following:

• the date and place where the couple officially registered the relationship;
• reasons for divorce;
• presence of children (when listing them, indicate gender and age);
• controversial issues.

In the lawsuit, you can ask to judge where and with whom the child will live, what part of the property will go to each spouse. It also makes sense to raise the issue of alimony payments. The convenience is that all issues are listed in one claim. Additionally, it is worth trying to recover from the defendant the amount of the paid fee, but this requires a compelling justification. At the same time, the court often decides to satisfy the demand for recovery of the amount of the duty in part, taking into account the guilt of each spouse in the breakdown of the family.

According to Article 46 of the Code of Civil Procedure of the Republic of Belarus, the application must be submitted according to the general rule of jurisdiction - at the place of residence of the defendant. If the plaintiff lives with minor children, then you can rely on paragraph 10 of Article 47 of the Code of Civil Procedure of the Republic of Belarus. This is worth using if your spouse has left for another city. The claim is always filed in 2 copies so that the defendant receives a copy. Proceedings on the claim begin in 3 days.

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.

Filing a claim

The claim is filed in court either at the place of registration or at the place of residence, which is much more convenient. In the claim, in addition to the full name of the court where the plaintiff is applying, and his data, it is necessary to indicate the date and place of registration of the union, information about common children. The reasons for divorce are explained in detail.

In addition to the divorce itself, the following issues can be considered in parallel:

• with whom the common child will live;
• the other parent's visitation schedule;
• property division;
• which party will become the person liable for alimony;
• the amount of alimony withheld and the type of withholding.

All these questions are listed in Art. 39 of the Code on Marriage and Family. In case of disputes, your case must be supported by evidence.

The court does not tolerate unfoundedness, so it is necessary to begin strengthening your position before the trial itself.

A sample claim form can be found here.

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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).

Property division

Belarusian experts are confident that in wealthy families the percentage of problematic divorces is much higher than in ordinary ones. Divorce statistics confirm this fact. In case of controversial issues, property is not subject to division:

• property acquired before marriage, including profits received from its use or alienation;
• property received as an inheritance or as a gift during the wedding process, including profits received from its use or alienation;
• personal belongings of the spouse, excluding jewelry purchased by one of the parties;
• luxury items purchased during marriage;
• personal belongings of minor children.

Interesting! Despite these facts, in some situations property may be recognized as common property. This happens when identifying general investments in the acquisition of property (as a rule, a notarized receipt is used to confirm the documents).

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

Divorce procedure

Once the application is accepted by the court, it will not begin the process without providing a mandatory “conciliation” period for the two spouses.

During this time, it is assumed that they will be able to come to an agreement and either postpone the divorce or move through the end of the marriage with a minimum of controversial issues.

If after 90 days the spouses have not reached a compromise, the court makes a decision on the case. The specifics of the procedure are described in Article 36.

By the way, the servants of Themis have the right to extend the period of reconciliation up to six months, if there are significant grounds for this.

If there are minor children

According to statistics, in more than 90% of cases the child remains to live with his mother. This is a kind of “default” rule; if the husband does not agree, he can file a lawsuit expressing his desire to raise the child on his own. Children over 10 years old are asked in court for their opinion on who they would like to live with.

The amount of alimony in Belarus does not differ from our figures:

• 1 child - a quarter of income.
• 2 children - 33%.
• 3 or more - half the income.

Article 92 contains a clause regarding the minimum amount of payments for able-bodied parents:

• 1 child - 50%.
• 2 children - 75%.
• 3 and more - 100%.

Percentages are calculated from the average minimum cost of living in the country.

If the wife is pregnant

If the wife is pregnant and before the child reaches the age of three, it is necessary to obtain the consent of the other party to the divorce in writing.

In this case, the man must live with the child and raise him.

In situations where the fact of paternity has been documented, or when, by a court decision, the spouse was crossed out in the birth certificate, this rule does not apply. This provision is stipulated in Article 35.

With a foreign citizen

Divorce of marriages with foreigners who permanently reside outside of Belarus is considered the most difficult.

You will have to draw up a statement of claim and file it with the courts of the country in which the defendant resides.

This process is fraught with numerous difficulties: translation of documents, nuances of legal proceedings that the plaintiff is not aware of. If a foreign citizen is located on the territory of the Republic of Belarus, then a divorce from him is carried out in a general manner according to the same rules as divorces for families with two citizens of the Republic of Belarus in their composition.

When to go to court

It is not always advisable to file lawsuits in court.

It is necessary to first try to come to an agreement peacefully - to go through the so-called pre-trial settlement procedure.

But when it is already clear to a married couple that they will not be able to reach an agreement, then it is already possible to enlist the support of legislation through the courts. You can go through the division of property during a divorce in the Republic of Belarus at the following stages (parts 1 and 2 of Article 41, part 5 of Article 24 of the Code of Laws of Ukraine):

• When the divorce process has already started.
• After receiving the divorce certificate.

The registry office has one condition for a successful divorce of spouses - the absence of claims on both sides regarding the division (Part 1 of Article 35 of the Code of Laws of the Russian Federation).

If the question arises about who could profit from the marriage and how much, then the parties turn to the court. And then they go to the registry office with the court decision. But there is another way - to get a divorce and fairly divide what you have acquired through the court.

Note! Even if spouses have a written agreement to make the division of property in a divorce voluntary, this does not mean that they cannot sue in court to divide something else. The general statute of limitations for citizens' appeals to the courts with a request for help in dividing acquired property according to the law is 3 years.

This period is calculated from the moment one of the spouses receives the divorce certificate.

This rule is enshrined in Part 5 of Article 24 of the Code.

But there is another side to the coin - the 3-year period can begin to count from the day when the citizen learned about the violation of his property rights. This is stated in paragraph 22 of the Resolution of the Supreme Court of the Republic of Belarus No. 5.

How does the trial work?

The divorce trial takes place according to the norms of the Civil Procedure Code of the Russian Federation. Divorce by common consent.

Ideal situation: at the preliminary court hearing, the wife demanded a divorce, the husband agreed, there were no children or property.

The judge may propose to immediately proceed to the main consideration and make a decision on divorce on the same day. The decision comes into force one month after drawing up a reasoned court decision. 5 days are given to prepare the reasoned part of the decision. Divorce without mutual consent means that the plaintiff declares his claims, which the defendant will refute. At the preliminary court hearing, the judge finds out the degree of disagreement of the parties, asks what arguments are in favor of each person’s position.

By the next court hearing, the parties must support their arguments with documents so that the judge can see the whole picture and make a decision. If a time is not set for reconciliation of the spouses, the divorce may be completed in two meetings. The process is delayed if you need to order an examination of the value of the property, listen to witnesses and invite guardianship and trusteeship specialists. Divorce if there is a child. If during a divorce the child’s place of residence is determined, the guardianship and trusteeship authorities are involved in the consideration of the family dispute so that they can express their position.

Specialists from the guardianship department come to the parents’ apartments and check where the conditions for life, health and development of the child are better. If the child is over 10 years old, the court also hears his opinion. Divorce, if there is a prenuptial agreement. Having a prenuptial agreement means that the husband and wife have agreed in advance how they will divide property. If no one challenges this agreement, the trial process will go faster. What happens in case of no-show.

If the plaintiff does not come to court, he has lost interest in the divorce. Double failure of the plaintiff to appear - and the claim will be left without consideration. If the notified defendant does not come to court, this does not prevent the consideration of the case, but means that the defendant did not exercise his right to participate in the proceedings. If the party who was not notified of the place, date and time does not come consideration of the divorce case, the court hearing is postponed.

That is why it is necessary to indicate in the statement of claim all known contacts of the spouses. It is not necessary to participate in the court hearing in person. You can state your position in writing and bring it to court in advance, send it by mail or via the Internet. Or you can send a representative in your place - a lawyer under a warrant or any other person under a power of attorney.

It is advisable that the representative has with him a petition to consider the case in the absence of the notified party. When auto-divorce is possible. There is no such term. But if by autodivorce we mean a court proceeding, the consequence of which will be the automatic termination of a marriage, then it is possible after one of the spouses is declared dead. How to divorce a foreigner.

There is no such term. But if by autodivorce we mean a court proceeding, the consequence of which will be the automatic termination of a marriage, then it is possible after one of the spouses is declared dead. How to divorce a foreigner. You can divorce a foreigner in Russia according to the usual rules of the Family Code of the Russian Federation. While not in Russia, you can divorce a foreigner:

• according to the laws of the country of location;
• at the Russian consulate according to the laws of the Russian Federation;
• by sending documents to the Russian court.

Is it possible to declare a marriage invalid? The court recognizes a marriage as invalid if one of the spouses:

• did not agree to the marriage;
• hid the presence of a sexually transmitted disease or HIV infection.
• is already in another marriage;
• is a close relative of the other spouse;
• are under 18 years of age, and the city administration has not agreed to lower the age of marriage to 16 years;
• incapacitated due to mental illness;

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.

If your husband avoids divorce, what to do?

When the husband does not give a divorce, then, of course, a trial will be required. It may drag on for more than one month. After all, if one of the parties is against divorce, then the court gives the spouses additional time for reconciliation, which is three months.

To understand how to obtain a divorce, you need to study not only the Family Code, but also the legislation on civil procedure. There, in particular, it contains rules regarding the rules of registration, as well as its submission. In addition, the Code of Civil Procedure of the Russian Federation prescribes the procedure for considering a case in the court of first and subsequent instances.

Divorce from a husband and division of property can be the subject of one lawsuit together.

However, before submitting it, you should take into account the financial side of the issue.

After all, property claims require separate payment of state duty.

It is calculated based on the value of the disputed items. If the former spouse refuses to give up the awarded property, then enforcement proceedings will have to be initiated. Then problems with property must be resolved with the help of bailiffs.