Divorce by mutual consent of spouses
Divorce by mutual consent is made in the registry office, in some cases – through the court. To divorce as quickly as possible, you need to know where to go, as well as legal provisions, a list of documents and a step-by-step algorithm of actions.
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This article will tell you:
Where can I get a divorce with mutual consent of the spouses?
In the Russian Federation, there are 2 organizations where you can go in a mutual consent to dissolve a marriage:
|Name of state agency||Terms|
|REGISTRY OFFICE||Both spouses give their consent, no children together|
|Court||No disputes, but there is a common minor child|
Even if there is no dispute between the parties about the separation, but there are common children, the marriage is terminated by the court. At the same time, it is possible to recover child support, deprive the parent of rights, or determine the order of communication with the child.
If there are property disputes, divorce is allowed in the Registry Office. Subsequently, the parties may resolve them through the courts or by executing an agreement on the division of property.
Divorce in a civil registry office by mutual consent
Traditionally, the procedure is performed in a civil registry office at the place of registration of marriage. It is allowed to apply to the state body at the address of registration of one of the spouses.
Having come to a mutual agreement, you can dissolve the union step by step as follows:
- Draw up and submit an application according to the form approved by Order of the Ministry of Justice from 01.10.2018 № 201. On Form No. 9 – if both spouses can be present at the registry office or Form No. 10 – if the second spouse agrees, but cannot be present in person.
- Wait for review. This has 30 days.
- On the appointed date to come and take the certificate of divorce.
The amount of state duty and the date of receipt of the certificate depends on the way of filing. If it is sent via the State Service, the parties have the right to choose the date of issuance of the document themselves. Joint attendance is not obligatory in this case.
Ways of submission of the application
In addition to a personal visit to the registry office, there are other ways of sending an application for the dissolution of marriage:
- The portal Gosusluzhba . One party fills his part of the electronic application, an invitation to fill in the other party is sent by SNILS. The initiator, after paying the state duty, sends the document to the registry office.
- MFC . By appointment divorced persons submit an application to the MFC at the location of the registry office where the marriage was concluded. The period of processing is 1 month.
If one of the spouses does not manage to fill out a joint application on paper, he/she can do it via Gosuslugi, if both parties have confirmed accounts. The second option is to provide written consent by sending a Form 10 application by mail or through a legal representative by power of attorney, but notarization will be required here.
Application and required documents
Peculiarities of drawing up an application differ depending on the form chosen:
|Sample||When is it filled out?||What information will be required?|
|Form No. 9 – download||When both spouses are present||Full name of the parties, information about education, place of residence, passport data, number of the marriage record, information about leaving the surname after the divorce|
|Form № 10 – download||If it is impossible to personally visit one of the parties|
When visiting the Registry Office must provide passports and marriage certificate. The spouses will be issued a receipt for the payment of the fee, which will contain the necessary requisites. It is provided before receiving certificates of dissolution of marriage.
The amount of the state duty and the terms of the certificate
The amount of state duty is 650 rubles. If you submit the application through Gosuslugi there is a 30% discount and the amount of payment decreases to 455 rubles.
The employees of the Registry Office have at least 1 month to process the application. Termination of marriage is made at the time of entry into the register of marriage in the presence of one of the former spouses.
Samples and application forms for divorce in the Registry Office
How to file for divorce in a civil registry office
Divorce during pregnancy
Divorce through the court by mutual consent
Appeal to the court is relevant when there are common children. The procedure is regulated by the Family Code and the Civil Procedure Code of the Russian Federation. What it looks like:
- One of the spouses files an application for divorce. Within 5 days, the documents are accepted by the judge for production, the first court session is scheduled.
- Both parties are present at the hearing. They may also petition to consider the case without their participation.
- The decision is issued within 1 month when applying to the world court. In other cases, the proceedings may take from 2 months.
- One month is allowed for the decision to enter into force. Within 3 days, an extract of it is sent by the court to the Registry Office. Former spouse issued certified copies.
- With copies and passports of the parties shall visit the registry office.
By decision of the court certificate of divorce may be issued on the day of application. The Registry Office will not accept documents until the document has legal force.
The place of jurisdiction depends on the claim:
- Dissolution of marriage by mutual consent – the world court at the place of residence of the defendant.
- Divorce and at the same time collecting alimony – the world court of the plaintiff’s choice.
- Separation and solution of disputes about children – the district court. Jurisdiction is chosen by the plaintiff.
If, in the course of the proceedings in magistrate’s court, change the claim and the plaintiff wants to settle a dispute about children, the materials are transferred to the higher authority – the district court.
Sample Statement of Claim
The claim shall be prepared in accordance with the requirements of Art. 131 of the Civil Procedure Code and must contain the following information:
- The name of the judicial body;
- The name of the divorced, date of birth;
- Date of registration of marriage;
- information on the children;
- request for the recognition of the marriage as dissolved;
- date of termination of cohabitation;
- other claims: recovery of alimony, establishment of rules of communication with a minor, etc.;
- an inventory of the attached documentation;
- date and signature of the initiator.
In the justice of the peace area № 5 of the city. Saratov
No. 12 in the city of Kupyansk
Respondent: Abrosimov K.Y.
Address: 17, Privolnaya St., bld. 58, Samara city.
Plaintiff: Abrosimova O. Н.
Address: 5 Nadezhda Str., Samara city.
Statement of claim for dissolution of marriage
I entered into a marriage with the defendant on 20.05.2016. From this marriage there is a minor child – son Abrosimov L. K., born in 2017.
Since October 2018, our family has actually broken up, there is no joint household. The reason is incompatibility of characters. There are no disputes about property.
Guided by Articles 21 and 81 of the Family Code, I ask: 1. To dissolve the marriage between me, Abrosimova O.N., and the defendant Abrosimov K.Y., registered by the Central Registry Office of Samara city on 20.05.2016, deed number 694. 2. To exact from the defendant alimony for the maintenance of his son in the amount of 25% of all types of income. The transfer should be made to the plaintiff’s card in VTB Bank, card number: 5830 5803 5830 5930.
Documents and State Duties
When submitting a statement of claim, the initiator provides a passport, certificate of registration of the relationship, a receipt of payment of state duty. If there are additional requirements, the list of documentation is expanded:
|Alimony||Certificates of earnings, receipts of expenses for a child, a statement with details of the bank account|
|Section of property||Documents for property, the assessment report|
|Procedures for communication with children||Certificate of birth of a minor, the characteristics of the place of work|
The parties prior to the dissolution of the marriage have the right to conclude agreements on children and division of property. Documents must be submitted to the court.
Before going to court duty is paid in the amount of 650 rubles. After issuing a decision for the registry office will have to pay a similar amount.
Terms of consideration
In the justice of the peace the case is considered 1 month, in the district court – two. If in the course of proceedings it turns out that the defendant does not agree to part, on the basis of Art. 22 of the Family Code, the judge has the right to appoint a conciliation period – up to 3 months. If the plaintiff after the reconciliation insists on the requirements, the marriage is recognized as dissolved.
What to do after receiving the decision of the court?
The judgment comes into force after 1 month. Extract of it is sent to the registry office, the former spouses are issued certified copies. With them and a passport must go to the registry office and get a certificate of divorce. The marriage is considered dissolved from the moment the decision acquires legal force.
Agreement on children
There are several types of agreements about children, executed at a notary public in order to avoid court proceedings:
|Child Support.||It is the responsibility of the parents to provide for their common children until they come of age. The amount and frequency of payments are determined by the parties individually. It is allowed to transfer property in repayment of alimony obligations|
|On remaining with one of the parents||It is formalized in the absence of disputes. The child may remain with the mother or father, as both have the same right to it. It is allowed to live with parents in turn, if it is not contrary to the interests of the minor|
|About the determination of the order of communication||Spouses agree on the days and hours at which the party living apart from the child will communicate with the child|
Alimony is collected in court or paid voluntarily under an agreement that has the force of a writ of execution. In the first case, the amount is determined by the court on the basis of Articles 81 and 83 of the SK RF, taking into account the claim:
|In fractions of earnings.||25% is paid for one child, 33% for two, and 50% for three or more children|
|A fixed amount||The amount is determined taking into account the financial status of the parties and the living wage in the region. Collection is made in absence of official earnings of the payer, receiving salary in foreign currency|
|In mixed form||Pay a percentage of salary and a fixed sum of money, if alimony-bonded person has two types of income: official and additional|
Lawyer answers to frequent questions
If both spouses agree to divorce, can I get a divorce on the same day?
No. When filing an application with the registry office, the processing time is 1 month. When dissolving in court, a certificate based on the decision can be issued on the day of application, but there are at least 30 days of court proceedings beforehand.
My spouse and I both agree to separate, but we have a dispute about property. Where do we go?
Divorce can be formalized in a Registry Office in the absence of children and then the property can be divided in court. If the cost of the claim is over 50 000 rubles apply to the district court at the place of residence of the defendant.
We decided to separate with my husband, but he is in jail. Where should I apply and what documents do I need?
Article 19 of the Family Code allows for such a situation to be resolved unilaterally. What it looks like:
- The initiator collects documents, which include a certified copy of the verdict that came into force, a passport, a statement on form No. 11.
- After filing the documents, the Registry Office sends a notice to the EC to the second spouse about the received application.
- The ready certificate is issued within one month. The second is sent to the incarcerated by mail.
The simplified procedure applies regardless of the presence or absence of children in the divorce.
Termination of family relations by mutual consent of the parties is allowed in the registry office, in some cases – in court. The procedure takes from one to 5 months, depending on the situation. The result is a ready-made certificate allowing the parties to enter into a new marriage. Until then, registration of another family is not allowed.
Where to file for divorce in 2022
How do I file for divorce unilaterally?
How much time is given to reconcile spouses in a divorce?
Divorce by mutual consent with minor children
Dissolution of Marriage
Divorce by mutual consent in the presence of minor children is conducted in most cases through the court and is regulated by Art. 23 of the Family code of the Russian Federation. But there is an exception, stipulated in article 19 of the UK, according to which divorce through the registry office is possible only without children, and in the presence of common minor children is possible only in the following cases
- when the court recognized the incapacity of one of the spouses;
- When one of the spouses is listed as missing;
- If the spouse is in prison for more than three years.
In all other cases, the dissolution of the marriage with the participation of children, as already mentioned above, is carried out only through the courts.
Features of the divorce by mutual consent through the court
In the divorce process through the court, in the case of mutual consent of the spouses conciliation procedure is not appointed. The reason for the divorce is taken as the unwillingness of both to maintain marital relations.
Also, to simplify the procedure and reduce the time required, an agreement between the spouses on the children (sample below) may be concluded independently, on the basis of a joint agreement. Such a document must contain a mutual written decision of both spouses regarding the following issues:
- How the child will meet and communicate with the estranged parent.
- How the child will travel out of state with either parent.
- What financial support the minor child may qualify for from the estranged parent and how it will be provided, and other possible issues.
The agreement is made in duplicate and signed by each spouse, after which both spouses have one copy of the document. It is recommended that the document be notarized. If there is no agreement regarding children between the spouses, the court will decide on this issue.
How and where do I apply?
The application for divorce is filed at the defendant’s place of permanent residence (or last known place of residence). If the defendant resides in another city or country, documents can be submitted to the court remotely by sending them by mail.
A set of documents must be prepared for filing an application with the court:
- A receipt confirming the payment of state duty.
- Application for divorce, filled out according to the sample (you will find them below) in three copies, one copy remains in court, the second – to you, the third – to give the hands of the second spouse.
- Certificates of salary when filing a lawsuit for child support.
- Agreement on the children, if any.
- Certificate of marriage (original), as well as the birth certificates of children (copies).
- Consent to divorce of the other spouse, notarized.
- Other documents that may be necessary in individual cases.
The application shall state:
- Name of the body where the application is filed.
- Full name of both spouses, their places of residence.
- Date of registration of marriage, the state body where it was held and its address.
- The petition for dissolution of marriage, if necessary, specify detailed reasons.
- The spouses’ claims, or lack thereof, relating to their children and property. The existence of a written agreement regulating the issue of children, if any, is also indicated here.
- You must indicate the number of children you have together, their names, and the date of birth of each child.
- Must note in the list of attached documents.
When filing the application, you must have a document certifying your identity.
Transfer of fee must be made prior to filing the application according to the details, which must be taken from the secretary or found on the information board of the court institution. The amount of state duty for filing a petition for divorce in court today is 600 rubles and is paid only by the plaintiff. In the case of a separate filing of a statement of claim for the awarding of maintenance, the duty is 150 rubles. The state duty on the division of property between spouses will be proportional to its value at its assessment.
For more information on the current amount of the state duty and the ways to pay it, please refer to the article: The amount of state duty for divorce.
An application to the court can be filed only for divorce, if there is an agreement with the husband that he will support the child, or for divorce and alimony, if there is no such agreement and he evades his duties.
If the spouses have a dispute over where and how the child will live, you may also file a petition with the court to determine the child’s place of residence.
The best interests of the child in a divorce are paramount
The desire of a child who is 10 years old or older to live with one parent will be taken into consideration when determining a child’s place of residence. If the child is young, his or her opinion is usually not taken into consideration and the child is usually left with his or her mother, all other things being equal.
But first of all, when considering who the child will stay with when the parents divorce, the court considers the interests of the child (or children) and reviews information about the lives of both parents, their mental, physical and financial condition, and whether they are living asocial lives.
If one of the parents wants their child to remain with him or her, the following steps must be taken prior to the divorce proceedings:
- File a petition with the custody authorities to have them assess the living conditions for the child’s suitability to live there.
- Gather proof of regular income, which should be sufficient to support a decent lifestyle for both parent and child. In addition, you can ask for a positive reference from your place of employment.
- Consider in advance who the child will be with during the parent’s absence.
- Prepare to prove in court the absence of bad habits, immoral lifestyle, mental illness and answer other similar questions.
Cases when the divorce through the court is not possible without the consent of the spouse
There are a number of cases where a man cannot initiate divorce proceedings unless he obtains the consent of the spouse for divorce. These cases are spelled out in Art. 17 of the Family Code. Such a restriction is in effect for a period of time:
Maintenance of the spouse and child support
The spouse is obliged to support his wife after the divorce in the following cases:
- The entire period of pregnancy;
- If she is on maternity leave – until the child reaches the age of three;
- In the presence of a disabled child in the family until the child’s 18th birthday, the wife is supported by her husband.
Calculation of alimony, in the absence of an agreement between the spouses outside of the court session on material assistance, will be as follows:
- if there is one child, 1/4 part will be deducted from the official earnings;
- respectively, for two children – 1/3;
- For three or more children, 1/2 of the salary will be deducted.
Court-ordered alimony is calculated from official earnings. At the same time, the parent to whom such payments are awarded, is given the right to challenge their size in court, citing their material insolvency.
How does a divorce with mutual consent
After preparing all the necessary documents, signing an agreement regarding the children, paying the state duty to go to court, filing an application, a hearing is scheduled.
In the course of the meeting, if the spouses mutually agree to the divorce process and the absence of the spouses have no claims against each other, the issue is resolved only in respect of children – their stay and maintenance . If the issue between the spouses has been resolved independently, by signing a written agreement, the divorce process may take place within one session.
Once the divorce has been finalized and the court has issued its ruling, there is a period of ten days in which to appeal. After which the former spouses receive a copy of the decision of the court and with it apply to the Registry Office to obtain a certificate of dissolution of marriage.
If on the appointed day of the court both spouses are not present at the session, the application for divorce is canceled.