Application for divorce to the registry office sample 2021, form, application form for divorce through the registry office

Divorce in the registry office is carried out in the case where the husband and wife have a mutual desire for divorce, do not have children together, and do not have disagreements regarding the division of property.

Divorce through the registry office is a fairly simple and quick way to formalize the dissolution of a marriage; the entire procedure from the moment of filing the application to the completed divorce certificate will take no more than one month.

In order to file a divorce at the registry office, you need to fill out an application using standard form 8. Both spouses participate in the filling out; when submitting the application to the registry office, at least one of the spouses must be present in person.

Applications for divorce through the registry office can be found using the link at the end of the article (in word format). As an example, a completed application form is also provided, which can also be downloaded at the bottom of the article.

We recommend reading

Statement of claim to establish paternity after the death of a father with a joint child

There are two more forms of application for divorce: Form 9 and Form 10. Form 9 is filled out by one of the spouses when the second is in prison, missing or declared incompetent by the court.

Form 10 is filled out by one or both spouses based on a court decision, which states with whom the joint children remain, how the jointly acquired property will be divided, who pays alimony and in what amount. Before filling out an application on Form 10, you need to file a statement of claim with the court and obtain a court decision. Read about the divorce procedure through the court here.

In what cases is it possible to use the application form for termination of marriage Form 8

Termination of relations in the registry office is possible only in a certain, strictly limited list of situations:

the couple has no common minor children;
the spouses have no disputes regarding the division of jointly acquired property;
The spouses made a joint decision to end the relationship.

If all the conditions described above are met, then the spouses have the right to contact the registry office and ask the employee for a form in Form No. 8.

Simplified divorce documents

To separate from your spouse, you must prepare the following papers:

ID cards;
marriage certificate;
a receipt confirming the fact of payment of the state contribution.

The documents are presented to the government agency employee directly when filling out the application.

Important! In the registry office, a unilateral divorce is also possible for the reasons specified in Article 19 of the RF IC. However, in this case, the structure’s employees will invite the applicant to fill out an application in Form No. 9.

What documents are needed to terminate a marriage with a spouse?

The divorce procedure is carried out only by authorized bodies. So, you can apply for divorce from your spouse through the registry office or the court.

Civil registry offices consider applications from spouses only in cases where they have nothing to share. If they have jointly acquired property, as well as if they have joint children, the divorce process will be carried out in court.

The list of required documents is provided for by the Civil Procedure Code of the Russian Federation. The list of documentation is standard, but in some cases different papers may be required. When contacting a judicial authority you will need:

Application on form 10.
Copy of civil passport.
Marriage registration certificate.
Certificate of residence.
Certificate of family composition.
A receipt confirming payment of the state fee.
Conclusion of the guardianship authorities. If necessary.
Documents on financial position. If necessary.
Documents confirming the ownership of a particular property. If necessary.
Purchase and sale agreements, donations, etc. If necessary.
Property valuation certificate. If necessary.

When filing an application in court, spouses must take care in advance to collect a complete package of documents. Otherwise, consideration of the application will be refused.

Features of submitting an application using Form No. 8

The law allows you to submit an application in two ways:

Ordinary. Spouses independently come to the target registry office and fill out an application with their own hands in the presence of government officials.
Notary. One spouse comes to the government agency and fills out their own copy of the application. The second party submits an already completed application, certified by a notary, through its official representative or by mail.

Contents of form No. 8

When filling out an official document, the parties will have to provide the following information:

the full name of each spouse;
place of residence and place of birth of the parties;
citizenship;
optional - nationality;
grounds for dissolution of marriage;
the surname that the spouse plans to bear after the end of the divorce procedure;
passport details;
signatures of husband and wife;
date of application.

How to fill out an application for divorce at the registry office correctly?

The application is submitted to the registry office by both spouses jointly, separately, or by only one spouse under certain circumstances that led to the absence of the other half.

In order for the divorce application to be accepted on the first attempt, it must be filled out correctly. The form can be obtained from the registry office. The applicant has the right to submit a document in advance on the website or fill out a special form on the State Services portal after authorization. One option is to fill out the form by the registry office employee himself. Afterwards, the application is printed and given to the applicant for verification.

It is important not to miss the following points: there should be no corrections in the document (strikeouts, overwriting with an eraser, painting over with a proofreader); All words and numbers must be legible, so spouses with illegible handwriting are better off filling out documents in block letters.

Content

The joint application for divorce (Form No. 8) indicates:

personal data about applicants: full name; Date and place of birth; actual place of residence; citizenship, nationality (optional);
number and date of registration of the marriage certificate;
the date of registration of the dissolution of the union agreed with both parties;
number, date of recording the act of divorce;
details of the documents provided to verify the identity of the spouses;
full legal name of the government agency receiving the documents;
surnames chosen by spouses after divorce;
date and signatures of both spouses.

There are situations when a husband or wife, for objective reasons, cannot appear at the registry office or multifunctional center. Then they prepare statements independently of each other. The signature on the document of the person who failed to appear must be certified by a notary or another authorized person (the head of the correctional institution for persons in custody).

If one of the spouses is imprisoned for a period exceeding 3 years, is missing, is incompetent, and this is recognized in court, the application indicates the reasons for the absence of the opponent. For divorce, another form is filled out (No. 9), in which the spouse indicates:

personal data: full name, place of residence, citizenship and nationality;
passport details;
details of the marriage certificate;
full name of the government agency registering the divorce;
the date on which the divorce process is scheduled;
number and date of divorce record;
surnames after divorce;
the grounds for divorce are indicated.

When the second spouse is sentenced to imprisonment, the name of the court that passed the sentence, the date of the court decision, and the term of imprisonment are entered; in case of incapacity or unknown absence, the name of the court and the date of the relevant decision are also indicated.

When submitting documents unilaterally, the spouse in prison or the guardian of the incapacitated spouse must be notified of the filing of the application within at least 30 days. In the absence of a guardian, the registry office notifies the guardianship and trusteeship authorities of the divorce.

Form

There are several application forms: numbers 8, 9 and 10. Each of them is submitted according to a specific life situation.

The forms in force in 2021 were approved by Decree of the Government of the Russian Federation No. 1274 of October 31, 1998.

Form 8

The most common. It is filed if both spouses agree to a divorce, there are no property disputes between them, and they do not have common half-blooded or adopted minor children.

Sample application for divorce to the registry office 2021

Form 9

Served under the following conditions:

The impossibility of the presence of one of the spouses due to being in prison for a period of more than 3 years.
If the spouse is declared incompetent by a court decision. This is possible in the presence of mental disorders in which the second spouse cannot understand what is happening and control his actions. The interests of an incapacitated person are represented by his guardian (Article 29 of the Civil Code of the Russian Federation).
If the other spouse is declared missing in court.

Form 10

This form is filed when the divorce has actually already taken place in court. Filing Form 10 is a necessary formality without which it is impossible to obtain a divorce document.

Application on Form 10

Documents attached to the application

Each form has its own list of documents:

№8	№9	№10
Passport	Passport	Passport
Marriage certificate	Marriage certificate	Marriage certificate
Receipt for payment of state duty	Receipt for payment of state duty	Receipt for payment of state duty
A copy of the decision on the right to divorce without the presence (consent) of the second spouse
Court decision on divorce (copy, extract)

Failure to provide documents is grounds for refusal to accept an application for divorce. The couple will have to apply again.

What is the application mechanism

The divorce procedure by mutual consent of the parties is carried out in five stages:

Determining the most suitable civil registry office. According to the law, a husband and wife have the right to contact several branches of the institution: at the place of residence of the couple, at the place of residence of one spouse, or at the place of registration of the marriage relationship.
Filling out the application. Each spouse fills out a blank application form issued by government officials.
Payment of state contribution. State registration of a divorce is subject to a tax of 650 Russian rubles for each spouse. As a rule, this fee is paid directly on the day of filing the papers.
Waiting for the legal deadline. According to the RF IC, changes to civil status records are made within a month from the date of filing the corresponding application. During this period, the parties have the right to withdraw documents and terminate the divorce process.
Obtaining a certificate. Approximately a month after submitting the application, the spouses are invited to the registry office for a direct divorce. On the same day, government employees issue citizens a certificate of termination of relations and affix stamps to their identity cards.

Important! If one of the parties is unable to be present during the divorce, the process may be delayed. This is explained by the fact that an application submitted by mail or through a representative does not reach the government agency immediately.

How to make an application

The form is filled out with the following information:

To the civil registry office - the name of the territorial branch of the registry office where the application is submitted, usually at the place of residence of the spouses (or one of the spouses), you can also submit documents for divorce to the registry office department where the marriage was registered;

From – full name of the first spouse;
I – full name of the second spouse;
1 – full name of each spouse, written as indicated in the passport;
2 – date of birth, according to the birth certificate;
3 – place of birth of each spouse, according to the birth certificate;
4 – citizenship (example – citizen of the Russian Federation);
5 – line is not required; nationality can be indicated if desired;
6 – place of residence of each spouse;
7 – number, series, place and date of issue of the identity document;
8 – the number and date of the registration record of the marriage between these spouses, as well as the name of the registry office where the marriage took place.

Below in the line “to him” is written the surname that the husband leaves after the divorce, in the line “to her” is the surname that the wife leaves for herself after the divorce. You can return the surname that was before marriage, or you can keep the surname of your spouse.

The completed divorce application form is signed by each of the applicants and the date of completion is indicated.

We recommend reading

Methods of deprivation of parental rights and reasons

As a result: in what cases is the application form Form 8 for divorce applied to the registry office?

Termination of marriage according to a simplified scheme is carried out if the couple does not have children in common, there are no property claims and there is a mutual desire to carry out the procedure. The application form is provided free of charge by employees of the authority or downloaded from the Internet. If one of the parties is unable to be present during the divorce, then she has the right to submit all the necessary papers by mail or through a representative who has a notarized power of attorney.

Did you like the article?

How to apply

Step-by-step instructions for submitting an application to the registry office will help you not to miss important moments and not to get confused in a difficult life situation.

Step 1

It is necessary to determine whether the application to the registry office is really relevant? If a couple has children under 18 years of age, and an agreement on the division of property has not been concluded, it is necessary to file an application for divorce in court.

Determining the place where the document will be submitted. In accordance with the Federal Law “On Acts of Civil Status” dated November 15, 1997 N 143-FZ, divorce is carried out at the place of residence of one of the spouses or at the place of registration of the marriage.

It is immediately recommended to find out the details of the government agency for paying the state fee. The receipt can be obtained from the registry office.

Step 2

Payment of state duty. With the mutual consent of the spouses, each of them contributes 650 rubles. (Article 333.26 of the Tax Code of the Russian Federation). If a divorce is initiated by only one of the spouses without the participation of the other, the state duty for him will be 350 rubles.

If the couple filed a divorce by going to court, after completing the process, they apply to the registry office with an application drawn up in Form 10 to obtain a divorce certificate. They also pay a state fee of 650 rubles. from everyone.

Information for filling it out can be found independently on the websites of the Federal Tax Service, in the directory of codes of all-Russian classifiers. To do this, you need to know the address of the registry office and its full legal name.

Step 3

Collection of documents in accordance with the form of the submitted application. In each of the possible options, you must attach proof of payment of the state fee (check, receipt).

Step 4

Receiving a divorce certificate completes the procedure for dissolving the union at the registry office.

You can avoid several visits to the registry office by using the State Services portal. In this case it is necessary:

Complete registration. Of the 3 possible forms of identification (simplified, standard, confirmed), choose the last one. To register, you can receive a login and password by registered mail, go to Rostelecom in person, or use an electronic signature.
Find applications for registering a divorce on the portal by using the “search” line.
Fill in the lines highlighted in red.
Upload scanned copies of documents: passport, SNILS, marriage certificate, court decision (if necessary).
A notification about the need to visit the registry office indicating the date and time will be sent by SMS message or by mail.

Before visiting a government agency, you must pay a state fee.

Application Rules

When submitting an application to any place where the divorce process is being processed, you will have to pay a state fee. Without the appropriate receipt, it will not be accepted for consideration.

The amount of the fee depends on whether both spouses are involved in the divorce or whether it will be carried out unilaterally.

In addition, when filing for divorce, you will have to indicate the reason why the family can no longer be preserved. It can be completely different, or it can be indicated in general terms.

When applying for a divorce, you must have with you a certain set of documents, which are necessary both to fill out the application itself and to confirm important nuances. The list of such documents will necessarily include:

passports of spouses and their photocopies;
certificate of official registration of the fact of family creation;
receipt of payment of state duty;
a document confirming the legality of the absence of one of the spouses if the divorce is intended to be unilateral.

In the case of applying for divorce if it is impossible to obtain the consent of the husband or wife, the presence of joint children and property does not matter. All the same, the dissolution of family ties will take place unilaterally through the registry office. In other situations, you will have to file a claim in court, since the presence of certain circumstances does not allow similar cases to be considered in other places.