State duty for obtaining a Certificate of Divorce 2021

Who pays the state fee to the registry office for divorce

When dissolving a marriage through the judicial authorities, the price of payments will be slightly different than the cost of the state fee for divorce through the registry office. A receipt for payment of the state fee for divorce through the registry office or the court must be attached to the submitted application. Usually the one who wrote the application for divorce pays for it. He can pay only for himself or contribute money for both spouses.

Only certain categories of citizens of the country are exempt from paying the state fee for divorce through the registry office - disabled people, war veterans and heroes of the USSR. But if legal disputes concern real estate, the value of which is more than 1 million rubles, then these persons are also required to pay tax.

The state fee for divorce at the registry office in 2021 is influenced by the following reasons:

• what method does a couple dissolve the union: judicial or administrative;
• whether the property side is affected;
• price of acquired capital.

Some nuances

Let us recall the cases in which a divorce can be filed through the registry office:

1. Both spouses agree to divorce and they do not have common minor children. State registration of a divorce in this case will cost the divorcing person 650 rubles each (this includes the issuance of a certificate). This fee is charged in accordance with Article 333.26 (clause 2, clause 2, part 1) of the Tax Code of the Russian Federation.
2. The fee is 350 rubles, and it is paid by one of the spouses - the one who submits the application, in the following cases:

• the second spouse was declared missing by the court;
• the second spouse was declared incompetent by the court;
• the second husband was sentenced to imprisonment for the crime he committed (for a term of more than three years).

How much is the state duty for divorce through the registry office now?

On a legislative basis, the fee to the registry office in case of divorce is paid by the one who submits the application. Also, one partner pays if there is no information about the location of the husband or wife, one of them is behind bars or is an incapacitated person.

The state fee for divorce in the registry office 2021 is 350 rubles. The citizen fills out the form that was given to him at the wedding palace. If payment is made through electronic payment systems, the details of the authority are indicated. But they may change periodically, so in order not to mistakenly transfer money to another place, check whether the specified data is true. Also included in the total cost is obtaining a divorce certificate. No other expenses are required.

What is the state fee for divorce through the registry office for a couple without complaints?

The state fee for divorce through the registry office in 2021 is 650 rubles per citizen. Together the couple pays 1,300 rubles. This amount can be contributed by one of the spouses or in half. The amount of the duty is specified in the Code of the Russian Federation. This option is considered operational and budgetary.

Is it possible to get money back for a divorce?

There are two situations in which citizens have the right to demand the money paid for divorce back:

1. Overpayment. If a person has paid an amount exceeding the required amount, he has the right to write an application for a refund. The application deadline is three years from the date of payment.
2. Return of the application without consideration. If for any reason the government agency returned the documents, then the plaintiff is entitled to receive compensation.

Important! The fee paid for a divorce at the registry office by mutual consent is not refundable if the spouses do not appear at the government agency within a month from the date of filing the application.

If the divorce is carried out through the court

Spouses can dissolve a marriage in a magistrate's court if they have no claims against each other and both agree to a divorce. In this case, the plaintiff pays the state fee on the basis of Art. 333.19 Tax Code of the Russian Federation. Its size is 600 rubles.

If spouses have differences and one of them does not agree with the divorce, you should not go to the magistrates’ court. In this case, the judge will not issue a divorce order. But no one will return the fee.

If there are any contradictions regarding the divorce, you must immediately file a claim with the district (city) court. The state duty will also be 600 rubles. But there is confidence that the spouses will be divorced. Sometimes, however, the process drags on for two to three months. But if the plaintiff insists, the marriage is still dissolved.

After the decision is made, the defendant will be charged half the state duty, i.e. 300 rubles if he makes this demand immediately in the statement of claim.

Going to court during a divorce is not a very pleasant event. Therefore, spouses often file several claims in one lawsuit in order to resolve all issues at once. The law does not prevent this if the claims are interrelated. Usually, together with the divorce, the parties wish to establish the amount of alimony, the child’s place of residence and the division of property.

And here the spouses make a mistake. You will have to pay for each claim, even if they are filed within the same application. The consideration of such claims often drags on for more than one month. But until decisions are made on all issues, the spouses remain married.

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Therefore, if there are no contradictions, it is worth placing all the demands in one lawsuit and going to the magistrate’s court. If there are contradictions, it is better to file separate claims for divorce, alimony and division of property.

The cost of claims is indicated in Art. 333.19 Tax Code of the Russian Federation. The state duty when assigning alimony maintenance will be 150 rubles if the maintenance is established in favor of a minor. The plaintiff pays it initially. If a positive decision is made, the defendant must pay it, and the funds will be returned to the applicant.

If alimony is assigned to an adult (in this case, to the defendant’s spouse), the state duty will double and amount to 300 rubles.

In general, the issue of paying state fees for alimony claims is controversial. In Art. 333.36 of the Tax Code of the Russian Federation states that plaintiffs demanding the recovery of maintenance in favor of minors are exempt from payment. Therefore, it is worth contacting a specific court to obtain clarification before filing a claim.

If spouses simultaneously resolve property disputes, the cost of the claim will depend on the value of the property that the spouses intend to divide:

• If the total value of the property is less than 20 thousand rubles, 4% of it will be charged. Possible minimum - 400 rubles.
• With a monetary equivalent of prices up to 100 thousand rubles. As a fee, you need to pay 800 rubles, and on top of that another 3% of that part of the property value that exceeds the threshold of 20 thousand rubles.
• If the divisible objects cost more than 100 thousand rubles, but less than 200 thousand rubles, the applicant will be required to pay 3 thousand 200 rubles, and in addition another 2% of the price difference that exceeds the threshold of 100 thousand rubles.
• When the value of property objects is more than 200 thousand rubles, but less than 1 million rubles, 5 thousand 200 rubles are collected as a duty, plus 1% of the amount that exceeds 200 thousand rubles.
• If the value of property objects is more than 1 million rubles, you will need to pay 13 thousand 200 rubles, plus 0.5% of the value exceeding 1 million rubles. There is a maximum limit for state duty. It should not exceed 60 thousand rubles.

If the judge grants the claim, part of the fee is collected from the defendant and transferred to the plaintiff.

Calculation of state duty

An example of calculating the state fee for divorce through the registry office

Divorce through the registry office is the simplest, fastest and most inexpensive procedure.

Here are examples of calculating and paying state fees:

Example 1

Childless spouses Danilenko A. and P. decided to get a divorce. Having contacted the registry office with a joint application for divorce, they paid 650 rubles each (1,300 rubles in total).

Example 2

The wife of Somchenko O. decided to dissolve the marriage unilaterally, since her husband Somchenko R. was sentenced by the court to imprisonment for a term of over 5 years for the crime committed. Having applied to the registry office for divorce, O. Somchenko paid 350 rubles. Somchenko R.'s husband is not charged for divorce.

These amounts include divorce, amendments to the deed books and the issuance of divorce certificates to spouses. Most likely, the spouses will not have to bear any additional expenses for the divorce.

An example of calculating the state fee for divorce through the court

Here is an example of calculating the state fee for filing a claim for divorce.

Example 3

Demidov's husband O. filed a lawsuit for divorce in court. He did not make demands for division of property, so he had to pay a state fee of 600 rubles to file a claim. Having received the court decision in his hands, O. Demidov went to the registry office to register changes in his marital status in the register books, receive a divorce certificate and a stamp in his passport. For each copy of the certificate, the Demidov spouses had to pay 650 rubles (1,300 rubles in total).

The state duty will be calculated a little differently if Demidov O.’s claim contains a claim for division of property. Then, in addition to the basic state fee of 600 rubles (for a claim for divorce), he will have to pay an additional state fee, the amount of which is calculated using a special formula (according to Part 1, Clause 1, Article 333.19 of the Tax Code of the Russian Federation):

• if the value of the divisible property does not exceed 20,000 rubles, the state duty will be 400 rubles;
• if the value of the property to be divided is within 100,000 rubles, the duty will consist of two parts: 800 rubles as a fixed amount and another 3% of the value of the property exceeding 20,000 rubles;
• if the share in the property subject to division is more than 100,000 rubles, but less than 200,000 rubles, a fixed amount of 3,200 rubles and 2% of the amount exceeding 100,000 rubles is subject to payment;
• if the share in the divisible property is more than 200,000 rubles, but less than 1,000,000 rubles, the duty will be equal to 5,200 rubles in the form of a fixed amount and 1% of the amount exceeding 200,000 rubles;
• if the share in the property subject to division exceeds 1,000,000 rubles, the fixed part of the duty will be 13,200 rubles, in addition, you will have to pay 0.5% of the amount over a million rubles. The maximum amount of state duty for a property claim is 60,000 rubles.

After a court decision on divorce is issued, the Demidov spouses also need to make changes to the civil registration books and obtain divorce certificates. For this you need to pay another 650 rubles (total 1300 rubles).

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Example 4

Suppose the Demidov spouses have children together. In this case, simultaneously with the divorce, the spouses can resolve the issue of financial support for the children. As we remember, for each claim an additional amount of state duty is collected.

So, if, at the same time as the divorce, child support is collected, in addition to 600 rubles (for claims for divorce), you will have to pay another 150 rubles; if alimony is collected for children and the mother who cares for children under 3 years old - another 300 rubles (according to Part. 14 clause 1 article 333.19 of the Tax Code of the Russian Federation). These amounts are recovered from the spouse on whom the court imposes alimony obligations.

If there are children together, other disagreements about children may arise between the Demidov spouses, requiring judicial intervention. For example, the place of residence of children after a divorce (with mother or father), challenging paternity, deprivation of parental rights, determining the order of meetings between parents and the child. For each additional claim that is not subject to material assessment, you must pay a state fee in the amount of 300 rubles (according to Part 3, Clause 1, Article 333.19 of the Tax Code of the Russian Federation).

After the end of the trial, the Demidov spouses must receive divorce certificates - for them they need to pay 650 rubles each (1,300 rubles in total).

Divorce in court

Lawyer's advice: Family law establishes that divorce is possible only with the consent of the spouse if at the time of filing the application the woman is pregnant or less than one calendar year has passed since the birth of the child.

The divorce state fee is 650 rubles. A receipt for its payment or a check order must be submitted to the court as an attachment to the statement of claim. Thus, initially the amount of the fee is paid by the plaintiff for both spouses (1,300 rubles in total). In the statement of claim, the applicant for divorce may demand the recovery of half of the specified amount from the defendant (650 rubles).

If the divorce is carried out in court, as part of the statement of claim, in addition to the demand for divorce, property claims may be made.

Their presence directly affects the amount of the duty, which is paid at a time but for each claim separately.

Taking into account the above, and the fact that often in a divorce the parties are forced to seek legal services, the legal process can become quite expensive.

Legal advice: Do not forget that the Supreme Court, courts of general jurisdiction and magistrates have the right to exempt a person from paying the fee, or reduce its amount, or defer payment. The court makes this decision at the request of the party, taking into account its financial situation.

To reduce the costs of the process and independently resolve all property issues, we recommend concluding an agreement on the division of property. If a dispute does occur, we advise you to separate the demands for divorce from the division of property in order to avoid delays in the entry into force of the decision on divorce due to an appeal of the judicial act regarding property claims.

When calculating the time required to fully complete the divorce procedure, it is necessary to take into account that after the trial, the spouses need to contact the registry office in order to obtain a certificate. Payment must be made by each spouse separately.

Lawyer's advice: If during a divorce a person also changes his first name, last name and (or) patronymic, then a separate fee is paid for making changes to the Civil Registry Office and issuing a certificate. Also, payment will be required to change each of the additional documents - for example, internal and foreign passports, driver's license, birth certificates of children.

Where and how to pay the state fee?

In order to pay the state fee, you must...

1. Determine where to file a claim for divorce...

• to the civil registry office (at the place of marriage registration, at the place of residence of one or both spouses);
• to a judicial authority (magistrate, district or city court, at the place of residence of the plaintiff or defendant);

1. Calculate the amount of state duty paid;
2. Obtain from the civil registry office or the judicial authority the details for paying the state fee;
3. Pay the state fee;
4. Attach a receipt for the payment made (indicating the details of the registry office or court) to the application or statement of claim for divorce;

A special online service has already been created for Moscow residents https://mos-sud.ru/, with which you can...

• determine the court that has jurisdiction over your case;
• obtain information about the procedure for accepting claims;
• calculate and pay state duty,
• track the progress of the trial,
• much more.

Residents of other regions of the Russian Federation will have to contact the judicial or administrative authorities directly to obtain details and pay the state fee.

Payment of the state fee can be made…

• at the cash desk of a bank or post office;
• at a bank self-service terminal;
• in Internet banking.

The current variety of banking services allows you to pay state fees using a plastic card, electronic wallet, or Internet banking service.

You should be careful when filling out the details for paying the state fee - they must belong directly to the civil registry office or judicial authority where the documents will be submitted.

The receipt for payment of the state duty must contain:

• name and details of the recipient of funds;
• name of the bank and bank account number of the recipient of the funds;
• purpose of payment;
• Full name, passport details, individual personal account number, address of the state duty payer;
• the amount of state duty;
• date of payment of the state duty.

Sample form for payment of divorce fee

Blank forms ready to be filled out can be obtained from the registration office or downloaded from the tax authority’s website.

Sample form:

Payment methods

It is possible to deposit the required amount into the state account in several different ways:

• through a bank branch;
• through the citizen identification and authentication portal;
• through a self-service terminal;
• using Internet banking from large financial institutions;
• when paying for a divorce through the court - in the treasury.

When paying at a bank branch, a citizen must hand over to the cashier a completed and printed state duty form for divorce.

At the same time, the details specified in the document must correspond to the data of the registry office or the court to whose account the funds are transferred.

List of main expenses

In addition to paying the state fee, the costs of a divorce may be associated with filing a claim, searching for witnesses, obtaining information support from a lawyer, the defendant residing at a location other than the place of registration, and other organizational and formalities.

Legal costs

Legal costs (expenses) are an integral part of the consideration of civil claims. They may be mandatory or depend on the will of the parties to the divorce process.

The previously discussed amount of the state duty (600 rubles) for filing a written appeal to the court is a mandatory payment determined by the current tax legislation. It does not change depending on who is considering the case. Without proof of payment, the claim will remain without progress.

Depending on the progress of the case, the plaintiff may incur other costs, for example:

• when attracting witnesses - payment for their accommodation, food, moving expenses;
• payments to experts for carrying out appraisal activities (when filing property claims);
• expenses associated with searching for the defendant in his absence at the place of registration;
• postage;
• compensation for actually lost time (Article 99 of the Code of Civil Procedure of the Russian Federation);
• other expenses related to the divorce process.

In practice, compensation for lost time and travel can be paid to witnesses provided they live in another city.

There is no article of law that lists all possible legal costs. The plaintiff’s task is to justify that the funds spent directly related to this process and provide evidence in the form of checks and receipts.

Another expense item is hospitality. The costs of a representative's services are awarded at the request of the winning party to the other party in accordance with Art. 100 Code of Civil Procedure of the Russian Federation. If the services were provided free of charge, the amount is transferred to the law firm that provided the lawyer. As a rule, the cost of such services is 1/2 - 1/3 of the cost of a property claim, so before you start opening a case, it is worth calculating whether the benefit from this is great.

Property division

A significant part of the costs consists of property claims considered when spouses divide jointly acquired property.

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The amount of the state duty varies depending on the value of the property.

Total value of property or “claim price” (CI*), thousand rubles. Amount from which % is calculated (Claim price minus the deduction amount in thousand rubles.) Percentage of the claim amount, taking into account the deduction. Fixed payment

The total amount of state duty payable is calculated using the formula – (cost of claim—deduction amount) X n%+ fixed payment.

The maximum allowable state duty is 60,000 rubles, the minimum is 400 rubles.

Calculation example. According to the assessment results, the value of the property was 820 thousand rubles. The amount of the state duty is calculated as follows: (Claim price 820 thousand rubles - deduction 200 thousand rubles) X 1% + 5200 rubles. = 11400 rub.

If the value of the property was 9,000 rubles, then according to the calculation, the state duty is 9,000 X 4% = 360 rubles, but since it cannot be less than 400 rubles, then you need to pay the minimum allowable amount.

According to the law, the payment of the state duty falls on the one who lost the claim.

Example. Citizen S. and her husband A. were unable to agree upon the division of an apartment worth 1.2 million rubles during the divorce. The state duty amounted to (1.2 million rubles – 1 million rubles)X0.5%+13200 rubles. = 14200 rub. The court granted the claim. The husband, as the losing party, is forced to pay the state fee.

Appointment of alimony payments for children, spouse

A husband and wife can agree on the issues of maintaining children, raising them, establishing the order of visits and spending time together, reflecting all the points in the agreement. If compromises cannot be reached, a lawsuit should be filed.

When trying to determine the value of a claim, one can see a number of contradictions. So:

• in the Tax Code of the Russian Federation, Art. 333.36 (clause 1, clause 2) states that applicants are exempt from state duty on claims for payment of alimony;
• in Art. 333.19 of the Tax Code of the Russian Federation (clause 1, clause 14) establishes the amount of payment when filing a claim for alimony equal to 150 rubles, and if the case concerns a child (under 3 years old, disabled) and his mother, then 300 rubles;
• in Art. 91 of the Code of Civil Procedure of the Russian Federation (clause 1, clause 3) the price of the claim is determined by the totality of annual payments.

In practice, the basis is taken from the Letter of the Presidium of the Moscow Regional Court dated January 12, 2005, which states that the state duty for the order to pay alimony is paid by the defendant. Its amount is 100 rubles, and if the essence of the claim is to support the plaintiff, then 200 rubles.

Notary expenses

Involving a notary in divorce cases is necessary in cases where spouses enter into agreements: on the amount and procedure for paying alimony, on children, on the division of property. The document significantly brings the moment of issuing a divorce certificate closer.

Only a notarized agreement acquires legal significance. For failure to comply with the terms of the agreement, the parties may be held accountable in court, and the agreement serves as evidence of violations.

The cost of registration will depend on which notary is involved in the registration: public or private.

Tax legislation sets the amount of 250 rubles for drawing up an agreement on the payment of alimony. (Article 333.24 clause 1 clause 9). Additionally, payment is made for technical and legal services. For example, certification of copies - 10 rubles / sheet, storage of documents - 20 rubles / day (Article 22.1 of the Fundamentals of Legislation on Notaries).

In property matters, the maximum amount that a civil servant can receive is 20,000 rubles, the minimum is 200 rubles. The cost is calculated as 0.5% of the amount specified in the agreement.

Legal expenses

It is recommended to use the services of a lawyer to competently draw up a statement of claim and determine the package of documents when going to court. Preparing for the process, taking into account all legal requirements, will speed up the divorce procedure. Law firms provide individual services or a package of them for a certain fee, which is not fixed. On average, the cost of individual services in Moscow and St. Petersburg in 2021 is:

Service Average cost,

In addition to consultations, most law firms offer turnkey divorce document packages. The cost of the service varies from 10 thousand rubles. in cases where everything is resolved peacefully and there are no disputes, up to 50 thousand rubles. and higher in case of disagreement.

Deferment, installment plan and exemption from state fees (in case of divorce through the court)

1. Deferment is the court's permission to pay the state fee later, after the occurrence of a certain event.
2. Installment is the court's permission to pay the amount of state duty in several payments over a certain period of time.
3. Release or reduction of the state duty is the permission of the court, having taken into account certain circumstances, to reduce the amount of the state duty or exempt the plaintiff from paying it.

An application for an installment plan, deferment, exemption or reduction in the amount of state duty is submitted to the court simultaneously with the claim, with the mandatory attachment of supporting documents (certificates of salary, amount of benefits or pension, birth certificates of children, writs of execution).

Sources

• https://prorazvod.com/poshlina-za-razvod-v-2020-cherez-zags/
• https://azbuka-razvoda.ru/skolko-stoit
• https://alaws.ru/gosposhlina-za-razvod/
• https://law-divorce.ru/skolko-stoit-razvod/
• https://ros-nasledstvo.ru/skolko-stoit-razvod/