Author of the article: Yulia Kaisina Last modified: January 2021 66318
Legal confirmation of the divorce is the corresponding entry in the registry office journals. It is done on the basis of either an application from the spouses or a court decision that has entered into force. From the point of view of the law, a mark in the passport is not mandatory. However, its presence eliminates many questions. How to put a divorce stamp in your passport and in what time frame this must be done.
What is divorce?
Divorce is the formal end of a marriage relationship. Moreover, it can occur either by mutual consent or on the initiative of one of the parties. Depending on the circumstances, you can formalize it:
- by contacting the registry office;
- through the court.
The consideration of the case in court is influenced by the presence of common minor children and the existence of a dispute over the division of acquired property. At its discretion, the court can sometimes set a deadline for the reconciliation of spouses. Divorce through representatives in accordance with domestic legislation is not provided for.
State duty for divorce in 2021
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).
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.
Legislation
The fundamental legislative acts regulating family relations, including the specifics of the divorce process, are the Family and Civil Codes of the Russian Federation. In addition, the procedure itself is regulated by the Civil Procedure Code, as well as the Federal Law of November 15, 1997 No. 143-FZ “On Acts of Civil Status”. Certain issues are regulated by other legal acts, for example, the amount of the state fee for filing a statement of claim in court is contained in the Tax Code of the Russian Federation.
State fee at the registry office for a divorce stamp based on a court decision
However, in the future it may be needed when entering into a new marriage relationship, selling an apartment acquired during marriage, and in other situations. The state duty is transferred in one payment for the registry office to perform several actions:
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Thus, the state duty for registering a divorce is, in fact, also the state duty for obtaining a divorce certificate and is calculated according to the same rules established by the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation). IMPORTANT! The divorce certificate is issued separately for the ex-husband and ex-wife, and therefore each of them will have to pay a fee. How much does it cost to obtain a divorce certificate - state duty in 2021 When answering the question: “How much does a divorce certificate cost,” you must refer to Art.
Mandatory Divorce Stamp
When considering the question of whether a divorce stamp is required in a passport, the following cases are highlighted when you still have to put it:
- if after the divorce a new one is registered;
- when buying or selling real estate (without a stamp, authorities may require permission to conduct a transaction from the ex-spouse);
- to take out a loan requiring the consent of family members.
In addition, if the divorce certificate is lost, a note in the passport will speed up the receipt of its duplicate.
For those who are interested in whether a divorce stamp is placed in a new passport, we note that it only matters if a marriage mark was previously made.
How to put a stamp after some time
Quite often, our readers are interested in whether it is possible to get a stamp in their passport a year or years after a divorce. The law allows for this possibility, but the interested party will have to provide the registry office employees with documents confirming the termination of the family relationship.
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In addition, the citizen will need to draw up a corresponding application, a sample of which you can take from the registry office or download below by clicking on the highlighted link.
Procedure for obtaining a stamp
In accordance with the Decree of the Government of the Russian Federation dated July 8, 1997 No. 828 “On approval of the regulations on the passport of a citizen of the Russian Federation, sample form and signing of the passport,” pages 14-15 of the document are intended specifically to display information about concluded and dissolved marriages.
Who puts the stamp
Many people have a question about where to put the divorce stamp in their passport. Almost always, the mark is affixed to the civil registry office at the place where the relevant certificate was issued. However, you need to understand that this process is slightly different depending on whether the divorce is carried out administratively or judicially.
In case of divorce through the registry office, a stamp can be placed only after the corresponding entry has been made in the civil registration book. The basis for this is a certificate of divorce.
The question often arises, who puts the stamp in case of divorce through the court. The procedure in these circumstances will differ little from that described above. After receiving the court decision and its entry into legal force, you will need to contact the registry office, only now the basis for the mark will be the court decision.
List of required documents
When contacting the registry office after a trial, a person will need to write an application for registration actions, as well as provide a court decision or an extract from it.
Cost of stamping
If a note in the passport about divorce is made simultaneously with the divorce at the registry office, then the cost of this service is included in the payment when submitting the relevant documents. In this case, both parties must submit receipts for payment of the state duty. If one of the parties is exempt from paying state duty, this does not relieve the other party from this obligation.
Answering the question of how much a divorce stamp in a passport costs, we would like to emphasize that domestic regulations do not provide for a specific amount.
Deadlines for marking
The law does not establish clear deadlines for affixing a divorce stamp in the passport. In case of registration of a divorce in the registry office, the mark is placed after entering the data in the book of registration of acts of marital status. This happens no earlier than a month after submitting the relevant application.
Many people are interested in the question of how to stamp a divorce in their passport after a court decision and how quickly this can be done. During the trial, after the decision is made, 10 days must pass, which are given to appeal it through the appellate procedure. An extract from the court decision is received no later than three days after it enters into legal force. Therefore, time limits will vary depending on the circumstances of the case.
Type of stamp
The law does not clearly stipulate what the stamp looks like. As a rule, it has a rectangular shape. In this case, the mark must contain the following data:
- name of the civil registry office;
- date and registration number of the entry;
- data on the accomplished legal fact (divorce);
- information about the spouse;
- signature of an authorized person.
The mark is placed under the seal of marriage. Below is an example of a sample and photo of a stamp in a divorce passport.
Is it necessary to put a stamp in your passport about divorce and where to apply?
Placing a stamp is not legally necessary, but without it the marriage cannot be considered dissolved. You can get it at the registry office or immediately in the courtroom.
If the divorce process is terminated in the registry office, then it is considered invalid from the moment of actual termination and state registration. This is also regulated by Article 25 of the Family Code of the Russian Federation.
To obtain freedom, it is not necessary to stamp your passport, but in fact this allows you to enter into new legal relationships. This is what is considered an exception. There is no need to pay a separate state fee for the action.
The cost is already included in the payment for dissolution of the marriage.
Now the state plans to increase the payment for divorce proceedings to 30,000 rubles. This was planned to be done to minimize divorce proceedings. In fact, these amendments were never made.
in accordance with Article 333.26 of the Tax Code, the state duty is now 650 rubles. Every person can afford this price. It must be paid at any credit institution.
When filing a divorce, both parties pay the fees and provide payment receipts. If one of the parties is legally exempt from paying the payment, then the other is obliged to pay.
People have the right to be exempted from paying state taxes in whole or in part.
A record of divorce is almost always made at the registry office at the place where the certificate was issued. This is regulated by the requirements prescribed in Article 25 of the Family Code and Articles 33–35 of the Federal Law.
When getting a divorce through the registry office, you need to know the following features:
- spouses must agree to carry out the actions and not have minor children;
- Application can only be made to the institution where the marriage was recorded or at the place of residence of each spouse.
After a month of consideration by the authorized bodies, the marriage relationship will be terminated. After this, a certificate is issued and a stamp is affixed.
It is also worth remembering that a judicial procedure for terminating a union is not uncommon. Often used when there are minor children or property disputes arise.
If the court's response is positive, citizens receive an appropriate decision, which states the fact of the divorce process. As soon as it becomes legal, people should contact the registration authority.
Divorce stamp from a foreigner
In the case of divorce from a foreigner, where exactly this procedure takes place is of particular importance. If the union is dissolved on the territory of the Russian Federation, then the seal is obtained in the general manner. But in the event of a breakdown in relations abroad, evidence alone will not be enough. It is also necessary to provide a court decision of a foreign state, and it should be submitted not to the passport service, but to the regional department of the federal migration service. Thus, it is worth considering all the features that marriage with a citizen of another country entails.
The amount of the state fee for a divorce certificate
The minimum fee is 350 rubles. those couples who will divorce through the registry office will pay, and then under certain conditions, namely, if the divorce occurs unilaterally.
The reason for such a divorce may be the following circumstances:
- one of the spouses is considered missing (it is necessary to provide a document confirming this);
- the husband or wife was sentenced to a term of at least 3 years;
- incapacity of one of the married couple.
There is no state fee for issuing a divorce certificate. The amount of 350 rubles includes the issuance of the document.
If a married couple has decided to separate and the spouses are raising minor children born in marriage, then the state fee for a divorce certificate will cost 650 rubles. Both husband and wife pay this amount on a separate receipt. Such a couple gets divorced through the registry office.
If a marriage relationship is terminated in court, if there are no requirements for the division of property, the divorce fee will cost 650 rubles for each spouse, and an additional 650 rubles will have to be paid for the divorce certificate.
In Russia, it is possible to pay state taxes electronically. This can be done on the State Services portal. A divorce certificate is issued at the registry office; the cost of the state fee when filing an application for divorce in this format will be lower. Users of the state website have the opportunity to save 30% of their money on taxes, that is, instead of 650 rubles, each spouse pays 455 rubles. Everyone decides for themselves whether this is a lot or a little, but many, without leaving home, can take actions that are significant for their lives, and also choose a convenient date to receive a certificate.
What is the maximum cost of a divorce certificate and state duty? The law establishes a maximum tax value of 60,000 rubles. This means, no matter how expensive the property, the maximum that will go to the treasury will be an amount not exceeding this amount. Now it is clear that the fee for issuing a divorce certificate can vary from 350 rubles to 60,000 rubles.
Divorce stamp in case of passport replacement
It is no secret that sometimes a passport has to be changed (loss of a document, change of surname, severe damage, etc. What then should be done with the marks that were in the old passport? The following rules apply:
- if there is a valid marriage, a stamp is affixed;
- if the marriage was dissolved, then the note about this from the old passport to the new one does not need to be transferred.
In this case, the stamp will be placed only on the last marriage, all previous ones will not be noted.
What does a divorce look like in a passport?
Let's consider what is written in the passport during a divorce according to the laws of the Russian Federation. The fact of divorce is recorded in the passport. Also, a seal about this fact is carried out in the civil registration book. What information is indicated in the note on divorce:
- Date of termination of marriage.
- The name of the government agency where the divorce process was carried out.
- Personal information about husband/wife.
- The document code is recorded.
In order to get a divorce stamp, you must have sufficient legal grounds. In their absence, this will not be possible.
Only the civil registry office has the right to put the appropriate divorce stamp. Other government bodies do not have this right. The divorce stamp is placed immediately after the marriage registration mark (if possible on the same page). The corresponding entry annuls the marriage relationship.
People often wonder why a divorce record is needed in a passport. So, it simply officially confirms the fact that the person is no longer in a marital relationship.
Russian legislation does not provide for any sanctions or fines for the absence of a mark in the passport after a divorce. The entry is indicated on the voluntary initiative of the spouses.
In the vast majority of cases that occur in practice, the absence of a divorce stamp means that an individual does not have a certificate of divorce. And this can cause certain problems in practice. Since in many authorized organizations the corresponding document will be required if a citizen applies to them.
Thus, when applying for a loan, certificates of marriage and its termination may be required. This document will also be required when drawing up a real estate purchase and sale agreement.
In what cases will it be necessary to indicate a divorce stamp in the passport of the Russian Federation or the USSR:
- A note about the divorce of the spouses is placed in the passport in the case when, after the dissolution of the marital relationship, an individual enters into a new marital status.
- Set when applying for a loan or credit.
- Written when purchasing or selling real estate.
Having a divorce stamp can save you from a lot of problems when completing paperwork. It is advisable to put a mark if a mark was previously made about the citizen’s entry into legal marriage. If there is no mark on entering into a marriage relationship, then you can also do without a divorce stamp.
Special cases
The standard procedure is the same for everyone, but there are cases that differ from the generally accepted ones. So, some are interested in how to stamp a divorce in prison. As you know, if a person is sentenced to a term of imprisonment of more than three years, his spouse can file for divorce without waiting for the person to fully serve his sentence. The second party can contact the registry office for this purpose.
The disagreement of the convicted person does not prevent the official execution of divorce documents and the affixing of the corresponding stamp in the passport.
Another pressing question today is whether it is possible to get a divorce stamp in another city. If you do not have the opportunity to contact the registry office where the marriage was registered, you are allowed to go to the territorial department at your place of residence. In this case, you should have all the necessary documents on hand. If the divorce took place in court, you must first take a court decision.
Is it possible to stamp a divorce in another city?
Divorce In Another City Divorce Stamp About Divorce In Another City 0 votes 1 answer Is it possible to put a stamp in a passport about a divorce in another city, the court was in one city, I now live in another city and region.
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Divorce In Another City Divorce Stamp About Divorce In Another City 0 votes 1 answer Is it possible to stamp a divorce at a location other than your place of registration? Can I get a stamp and get a divorce certificate in another city, I can’t go there because I’m pregnant, please ask in advance.
When is a passport stamped after a divorce?
If you urgently need to get a divorce certificate and put a stamp in your passport, then you don’t need to wait 2-3 months, you should write an application to the registry office, write the reason why you need to get the document and stamp (moving, wedding), the stamp can be put already then, when the court decision came.
But when you need to get married for the second time, when you need to go to another country, then this stamp is so necessary, then again you need to run to the registry office, if you don’t have a divorce certificate on hand, the registry office employees will need to pick up documents, and put a stamp in your passport.
