Can I file for divorce without a marriage certificate unilaterally?
One of the conditions for divorce is to provide a complete set of documents, which includes the marriage certificate. Divorce in case of loss of this document, you can not immediately – you must first get a duplicate or a certificate from the archive of the registry office. However, this rule has one exception – if the spouses apply to the same registry office, which concluded the marriage, you can immediately apply for a divorce. If the end of the marriage is in court, however, the judge may be asked to ask for the records from the registry office.
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Divorce proceedings are governed by the following laws and regulations:
- The provisions of Chapter. CHAPTER 4 OF THE FAMILY CODE.
- The Federal Law # 143-FZ “On Acts of Civil Status”;
- Administrative regulations adopted by the Order of the Ministry of Justice of the Russian Federation from 28.12.2018 № 307.
In some cases, other legal acts may also apply, including interstate treaties and agreements of the Russian Federation with foreign states.
Rules of termination of marriage
Registration of the termination of the marriage and the issuance of a certificate of divorce is executed by the registry office. However, the procedure itself may vary, as it depends on several factors. The rules of dissolution of marriage are established by the Family code of the Russian Federation.
In the body of the Registrar shall apply with the consent of both spouses for divorce, but only if the family has no children under the age of 18 years. In such a situation both spouses shall go to the registry office and submit an application for termination of marriage.
Divorce is also allowed unilaterally at the registry office, i.e. when one of the spouses applies for divorce. According to clause 2 of Article 19 of the Family Code, one of the spouses may divorce the spouse alone at the registry office, regardless of the presence of children in the marriage, if the second spouse
- Absent without a trace;
- Is imprisoned for more than 3 years.
Divorce is carried out by the court (justice of the peace or district court):
- If one of the spouses opposes the divorce;
- Spouses agree to divorce, but there is a property or other dispute;
- The family has minor children.
Despite the fact that the divorce is carried out in court, the registration of the termination of the marriage still occurs at the registry office. Therefore, you should apply here for the annulment of the marriage and obtain a certificate of divorce, even if the decision to divorce is made by the court.
A list of necessary documents at the registry office
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The list of necessary documents for making of a divorce is established by the Administrative regulations. The basis for a divorce is the submission of one of the following documents:
- A court order (if by law the divorce took place in court);
- A joint statement of the spouses;
- A statement of one of the spouses and a court decision in respect of the other.
In addition, according to clause 29 of the Administrative Regulations, when submitting an application, one must present:
- ID card;
- Marriage certificate.
You must also provide a copy of the court order justifying the applicant’s right to a unilateral divorce when you visit the registry office.
How to dissolve a marriage without a certificate
Based on the provisions of the Administrative Regulations, the marriage certificate is included in the list of necessary documents. However, in clause 29 of the Administrative Regulations and in Art. 33 of the Federal Law № 143-FZ is an important clarification. If the divorce is performed by the same authority, where the marriage was registered, and the document was lost, the certificate is not necessary.
Important! The Registry Office, which registered the marriage, keeps the second copy of the certificate.
When applicants who have lost a registration document apply, the registry office staff, where the marriage was concluded, independently verify the information about it with the Book of Civil Status Acts. If the information is confirmed, they register a new record (of the dissolution of marriage). It is not necessary to get a duplicate in such a case.
What to do if there is no marriage certificate
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If the spouses go to another registry office where the marriage was not performed, then there is no way to get a divorce right away. At first you will have to get a duplicate or archive certificate from the registry office and then apply to the registry office with this document.
Certificate of marriage will also need a divorce through the courts. This document must be attached to the complaint. However, there is a way out of this situation. It is possible to file for divorce without a marriage certificate – to do this, you must petition the judge himself to check the details of the marriage previously concluded.
If the judge agrees with the arguments of the plaintiff, he will apply to the registry office and on the basis of information received from there can divorce the spouses. One of the spouses may apply to the civil registry office where the marriage was registered and get a divorce.
Restoration of documents at the registry office
The order of restoring the registry office documents is regulated by clause 9 of the Federal law № 143-FZ. It is better to apply to the registry office where the marriage was registered. It is also possible to apply to any registry office, and in some cases to other responsible authorities. However, in this case, obtaining a duplicate or certificate may take much longer.
Filing of an application
- In the registry office itself;
- IN THE MFC;
- On the “State Services” portal.
It is also possible to submit a written request for the issuance of a document by mail.
To apply for a duplicate document or certificate, the following documents must be provided:
- Receipt on payment of state duty;
- A document on name change, if the first or last name has changed;
If a representative restores the document, he/she must produce a power of attorney from the notary in the Registry Office.
The cost of
A state duty is charged for issuing the duplicate or certificate. Article 333.26 of the Tax Code determines the amount of the state duty:
- 350 rubles. – for production of the duplicate document;
- 200 rubles. – for issue of the certificate.
You can pay the state duty at any bank, payment terminal, post office, internet bank or mobile application.
Deadline for issuing a duplicate (certificate)
If the applicant applies to the registry office in person, the duplicate (certificate) is issued on the day of application. If the application was submitted at the MFC, the issuance period is extended by the period required to deliver the document from the registration authority to the multifunctional center. The waiting period for a duplicate certificate issued in another city may be up to 1 month. A duplicate document issued by a foreign registration authority will have to wait six months or more.
What to do if the marriage was concluded in another region or country
If the marriage was concluded in another city, the applicant should apply to the registry office at the place of permanent registration. If he doesn’t have such an opportunity, you can send the application by mail, specifying the address to which the document should be delivered.
Important: A duplicate (certificate) will be delivered to the local Registry Office according to the place of temporary residence of the citizen. To get the document he/she has to visit the local registry office and present the necessary documents, including a receipt of state duty payment.
If the marriage was registered abroad, it is also impossible to get a divorce without a foreign marriage certificate. If the marriage was registered in one of the countries of the former USSR or in an unrecognized (partially recognized) state (Abkhazia and South Ossetia), one can apply to the registry office at the place of residence for issuing a duplicate. The term for obtaining a duplicate (certificate), taking into account the time spent on submitting a request to the responsible body of the foreign state, is 6 months. In some cases the term may be extended up to 9 months.
If the marriage was concluded in the country which was not a part of the USSR, to get the duplicate one should apply to the reception room of the Ministry of Foreign Affairs of the Russian Federation. The period for obtaining a duplicate is from 6 to 9 months.
If the marriage was registered by the consular section of the Ministry of Foreign Affairs of the Russian Federation abroad, a request should be submitted to the Archive of the Main Administration of the Civil Registry Office. If there is a record in the archive, the duplicate (certificate) will be issued on the day of request.
Do you need a lawyer’s help?
The seeming simplicity of solving the problem of a missing certificate should not deceive. The situation may not be in favor of the spouses who want a divorce. Despite the significant simplification of the procedure for obtaining documents, difficulties in this area still remain.
Among employees of government agencies there are employees who do not fully know the law even in their field of work. In some registries may refuse to divorce if the spouses intend to apply for a divorce without a certificate, even if the registration of marriage took place in the same body. Therefore, legal advice may be necessary so that the initiator of the divorce can exercise their rights, even if the marriage certificate is lost.
If the marriage certificate is lost, can I apply for a divorce without it?
Can I file for divorce without a marriage certificate? This topical question worries many former lovers who have decided to break the relationship and for some reason lost the official document. This can be a serious obstacle, because when applying to the registry office or the court, it is mandatory to provide a certificate of registration of the marriage.
How to divorce if there is no certificate of registration of marriage?
In society, the breakup of a long-term relationship between a man and a woman is a common phenomenon. It is much easier to do now than it was a few decades ago. There is a package of documents that need to be collected.
The current legislation establishes the following standard list:
- A written statement of intent to terminate the marital relationship with your spouse;
- Marriage certificate; .
This package may look slightly different in each individual case, depending on the various circumstances.
Family composition papers, birth certificates of children, and information about the division of real estate, cars, jewelry, and money may be added.
There are several points about filing for divorce:
- Some documents need to be filed in the original and others need to be filed as copies;
- in the dissolution of marriage through the court may require confirmation, not listed in the standard list.
An important document is a certificate of the marriage union. It is required for submission to any authority that will later deal with the divorce. When filing packages that vary slightly depending on the type of divorce, the marriage certificate should only be filed in the original.
There are undesirable situations where former lovers do not have a marriage certificate. This can be due to the loss of the document, or if the couple survived a fire and it did not survive.
For this reason, many people wonder if a divorce proceeding can be conducted without a certificate, and if copies are acceptable. There are several types of divorces that require their own sets of documents.
There are only two methods available for divorce: through the registry office or the court. The best option is chosen depending on the relationship between the spouses, the presence or absence of conflicts, the existence of common children, as well as real estate and movable property. These factors can affect the paperwork process.
Divorce can drag on for quite a long period of time. It is in the best interest of both parties to reach a mutual understanding and discuss all the important points.
Filing for divorce at the registry office
There are several cases in which it is possible to file for divorce in the Registry Office:
- The spouses no longer wish to be in a shared living space. There is nothing else that binds them together. They have fallen out of love with each other, and there is no chance of restoring a strong relationship;
- The man and woman who are family have no children;
- The children are eighteen years old: ;
- The whereabouts of the husband (wife) is unknown; .
Divorce through the Registry Office is fast. In this case, a minimum package of documents is required. It looks like this:
- application from the parties;
- original certificate of marriage;
- proof of payment of the state duty.
To avoid wasting time preparing the papers, it is better to familiarize yourself in advance with the procedure for submitting all the necessary papers to the authorized bodies.
- The documents must be signed by each of the spouses. If one of the parties can not attend for a good reason, you must provide a certified statement. It must contain a request from the spouse to accept the package of documents;
- If the husband (wife) is in prison, his consent must be obtained and certified by the head of the detention facility;
- It is also possible to submit all documents online, if necessary. To do this, you should fill out a special form and enter all the necessary information. Later, you can go to the registry office and bring the original documents. On the spot you need to sign the drawn up application.
Filing a lawsuit for divorce in court
Divorce is carried out through the court in the following cases:
- If the husband (wife) does not give his consent;
- there are disputes about the division of property;
- there are children;
- There is a disagreement about the child’s future place of residence.
The court process does not get longer even if there are minor children, if the spouses come to a general consensus.
The list of documents to be submitted to the court is determined by the current legislation of the Russian Federation. There may be some differences in the composition of the documents in each case. This is due to the area of residence. Additional papers may be required, which should be clarified in advance of deciding to file.
If the couple has come to an agreement on all existing issues, then all papers should be taken to the magistrate’s court. When there are unresolved disputes, you should apply to the district court at the place of residence.
Documents for filing for a divorce through the court:
- A statement, which must be compiled by both parties to the conflict. This applies only in cases where there has been a mutual agreement. If the spouse opposes the divorce, the other party must draw up a statement detailing the reasons why the couple can no longer be in a formal relationship;
- The husband and wife must present their passports. If either of them does not agree to the divorce, only one person must present the document. The passport should be brought in the original, as copies are not allowed;
- If there are children, you need to provide their birth certificates. You can bring copies rather than originals. They must be certified and verified by the appropriate person;
- paper on the full composition of the family;
- original document on marriage;
- check on payment of the state duty.
More paperwork is required in this case. The original certificate is required in both cases. Copies are not accepted at the registry office or in court. People who are about to separate often do not have a certificate.
It may have been lost in a move, a fire, or the husband (wife) withholds it. All institutions that handle divorces require the original documents. One way or another, you will have to deal with restoring the document. Copies will not do.
There are several situations that often arise without a certificate:
- Each spouse agrees to part peacefully. If the couple has decided that it is time to separate, you need to submit a jointly drawn up statement and a certain package of documents to the registry office. Be sure to remember the exact number of the record about the conclusion of the union of former lovers in the Acts and its correct date. Then the right record will be raised and the paper will be restored. The procedure will be completed in thirty days;
- Both former lovers agree to the divorce, but they do not remember the record number and date of registration. A duplicate copy of the required paper will need to be obtained before filing the jointly made application. To do this, you will need to write an application, which should only be submitted to the registry office where the marriage was previously registered;
- one of the parties does not want to break the family relationship. Here you need to go to court at the place of residence of the protesting party. Writing a statement of claim, which should indicate that the certificate was lost, or it does not want to return the other party to the conflict. The court will help solve the problem. It will go to the registry office at the place of registration to obtain evidence of the existence of this marital union.
How to restore the lost original?
A sample of filling out and filing an application
You can get a sample of the correct filling out in the registry office. The staff will help to competently draw up an application for the restoration of the certificate.
What documents do I need to submit?
Restoring a certificate is a common procedure that couples who have lost this document need.
To conduct the certificate restoration procedure, you need to provide the following documents:
- Receipt of payment of the state duty, which is issued by the Registry Office staff when the spouse applies.
In this case in the passport of the applicant must have a note about the conclusion of the union. Otherwise the duplicate will not be issued. The marriage must necessarily be officially registered.
No additional paperwork is required in the process of restoring the certificate. Sometimes employees of the Registry Office may require some proof of the right to restore the required paper. If one of the parties at the time of applying for a copy has died, you simply need to provide a certificate of death.
If it is necessary to obtain a duplicate for third parties, such right should also be confirmed by powers of attorney prepared in advance.
Cost and terms of making a copy
The state duty is three hundred fifty rubles. This fee may be paid in the nearest Sberbank branch.
Once all the papers are collected, it is necessary to make copies.
Then you should give the registry office staff the application, the receipt on the tax payment, the passport and a photocopy of it. Most likely, the duplicate will be ready in half an hour.
If you cannot get to your registry office, the procedure for restoring the certificate may take approximately ten days. This is due to the fact that the employees need to go to the archives.
Divorce is a procedure for which it is necessary to collect a package of necessary documents. Therefore, it is necessary to apply in advance to the registry office in the case of loss of the marriage certificate for its quick restoration.
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