Features of obtaining a certificate of divorce: where and how to draw up the document?

What is the document for?

A certificate of divorce is a document that contains information about the divorce and that this fact is registered with the state. The divorce certificate has a watermark and is issued in one original copy. The certificate, in turn, can be issued many times, with each copy being an original.

Help may be useful in the following situations:

1. In case of entering into a new marriage with a citizen or citizen from another country.
2. In case of restoration of data on a divorce from a citizen of the former USSR.
3. If you go to court to file a claim for alimony.
4. If it is necessary to confirm rights to inheritance in complex inheritance processes.
5. If it is not possible to obtain an original or a duplicate of the divorce certificate.

Where to get it?

Certificates of divorce are issued exclusively by the registry office.
No other authorities can issue a divorce certificate. The registry offices maintain multi-volume books of registration of marriages, divorces, births and deaths.

If necessary, you can always get important information from these books. Every year, registered divorce records are compiled into special volumes, which are stored at each registry office for 100 years (previously, under the old legislation, they were stored for less - 75 years). The storage location is the archive of the Civil Registry Office.

The question arises, which registry office should I contact? It is quite logical that only the registry office in which the divorce was registered can confirm the fact of divorce.

According to the provisions of family law, a husband and wife, if they do not have children and agree to divorce, submit documents either to the registry office within the registration area of ​​one of them, or to the one in which they got married.

It turns out that in order to determine where to send the request, it is enough to remember in which registry office the marriage was dissolved or look at the certificate.

Do not confuse a divorce certificate with a duplicate certificate. A duplicate is issued when the main document:

• lost;
• stolen;
• spoiled.

A certificate is issued when the certificate is intact and intact, but at the same time confirms the information indicated in it.

A fee must be paid to obtain a duplicate document. A divorce certificate is issued absolutely free of charge.

There is no state fee for issuing a divorce certificate.

Content

Until 2021, the certificate was issued in form No. 29, which was approved by Decree of the Government of the Russian Federation of October 31, 1998 No. 1274. This form is no longer valid. Since 2017, the document has been issued in Form No. 7, approved by order of the Ministry of Justice of the Russian Federation on September 20, 2021 No. 173.

In the new form, in addition to all the information specified in Form No. 29, data on the citizenship, nationality and date/place of birth of the former spouses is recorded.

Information contained in the help:

1. Date of official divorce.
2. Registration number of the divorce deed.
3. The name of the registry office where the divorce was carried out.
4. Last name, first name and patronymic of the divorced people.
5. Dates and places of birth of former spouses.
6. Nationality and citizenship.
7. The surname that was assigned to each of the former spouses after divorce.
8. Date of issue of the certificate.
9. At the request of the applicant, additional information may be provided, for example, the number of the certificate of termination.

The above document is drawn up on the basis of the data received from the registry office register and if the necessary information is not there, a dash is placed in the corresponding column. Corrections to the certificate are not permitted. It is certified by the signature of the head of the civil registry office or an authorized employee, as well as a transcript of the surname and initials. Certified with a seal.

Contents of the paper

A document confirming the existence of a record of divorce is issued in a specially approved form. Until January 1, 2021, Form No. 29 was in force, approved by Decree of the Government of the Russian Federation of October 31, 1998 No. 1274.

However, by order of the Ministry of Justice of the Russian Federation dated September 20, 2017 No. 173, the previously existing document forms were canceled and a new form No. 7 of the divorce certificate was approved as of January 1, 2018.

The certificate states:

1. Registration number of the divorce act and date of dissolution of marriage;
2. the name of the civil registry office where the divorce was registered;
3. last names, first names and patronymics of former spouses;
4. information about the date and place of birth of each spouse;
5. citizenship of the spouses and their nationality;
6. surnames that were assigned to former spouses after divorce;
7. date of issue of the requested document;
8. any other information from the record of the divorce act that may be indicated at the request of the applicant (for example, data on the divorce certificate).

Form No. 7 is filled out on the basis of information from the state registry office and if any information is missing in the registry (for example, data on the nationality of one of the spouses or his patronymic), a dash is entered in the corresponding field. No corrections are permitted in this document.

Her certificate is issued by the head of the civil registry office or an authorized employee with a mandatory transcript of the signature (last name and initials), the signature is certified by a seal.

The previously valid Form No. 29 lacked data on the citizenship, nationality, date and place of birth of the former spouses. The current Form No. 7 duplicates all the information specified in the divorce certificate .

Who can get it?

The following persons can receive this certificate:

• one of the former spouses;
• a representative of one of the former spouses, but only upon presentation of a power of attorney for the issuance of a document, which is certified by a notary;
• if one of the spouses is declared incompetent - his guardian;
• in the event of the death of one of the spouses - a relative or interested person.

Where to get?

The certificate is issued in the branch of the registry office in which the divorce was carried out and the certificate was issued.

There are situations when a former spouse who needs a document is in another place of residence and cannot come to a specific registry office.

In this case, the application can be sent to:

1. Using the State Services website.
2. With the help of the MFC (multifunctional center for the provision of public services) at your place of residence.
3. Send by mail.

How to write an application for receipt?

The basis for issuing the required document is an application. It states:

1. information on the civil registry office (name, address);
2. personal data (full name, date and place of birth, contact phone number);
3. date of marriage and divorce;
4. reason for issuing the certificate.

In addition to this application, you must provide the following documents:

1. Passport or other document that identifies the applicant.
2. In the event that a third party applies for a certificate, a document that confirms the right to receive it.
3. Receipt for payment of the state fee for issuing the certificate.

If you contact the department in person with a complete list of necessary, correctly executed documents, you can receive a certificate on the day of application. In other cases, consideration of the application may take up to 30 days.

Payment of state duty

To pay the state fee, you must first clarify the details where the funds should be transferred. You can pay it only by bank transfer, using the State Services website or a terminal in the registry office or other places. The state duty is 200 rubles (clause 7, clause 1, article 333.26 of the Tax Code of the Russian Federation).

Our experts have prepared other useful materials about documents for divorce:

• Rules for drawing up and filing an application for divorce, including through State Services.
• Why do you need a marriage certificate and where can I get it?

Methods for obtaining a document

A divorce certificate from the registry office can be obtained in several ways. The online service of government services is very popular. It is not difficult to obtain a certificate of divorce through the State Services portal.

Action algorithm:

1. Click on the “Order a service online” button.
2. Fill out the fields in the electronic application, attach scanned copies of the documents required for submission. This is convenient - the citizen does not need to take a sample application, but can immediately fill out a ready-made form without errors. If the application looks incorrect or lacks the necessary information, the service simply will not let it through upon submission.
3. Confirm the application with an electronic signature. If the user has not created a digital signature, you can confirm the action using an SMS password, but for this, the citizen must be registered in the mobile user database.
4. Go to the payment. At State Services, registration costs the same as when submitting an application in person.
5. Within 30 days, the ordered document of the established form, certified by the digital signature of the responsible employee, will appear in the “History of receiving services” tab, after which it can be submitted at the place of request.

But citizens do not always have the opportunity to apply for a certificate of divorce through the State Services portal. This is especially true for residents of small towns, where the service is simply not available. The question of where to get a certificate of divorce does not lose its relevance even among citizens older than middle age who are faced with applying for a pension for the first time. In most cases, PF employees provide citizens with a sample application for obtaining a divorce certificate from the registry office, which greatly simplifies the matter.

With the completed application, you should contact directly the Civil Registry office where the applicant’s registered address is located and order the required paper. When submitting an application, a citizen must provide a personal passport with a divorce stamp. If the seal is missing (for example, the person changed their identity card), then the fact of official separation from the spouse must be confirmed by the original or a duplicate of the certificate. However, if the termination of family relations took place in another department, then the process of obtaining services may take a little longer.

How long is the document valid?

The certificate of divorce issued in Form No. 7 is an original and has no statute of limitations due to the fact that it contains information about a past event.

From all of the above, we can draw the following conclusion: a certificate of divorce is an official document that is issued in a special form by the registry office at the request of the applicant. The main purpose of its issuance is to confirm the fact of divorce. The deadline for receiving it is one month from the date of submission of the relevant application.

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