Divorce with the division of property: instructions for beginners
The breakup of the family – always an unpleasant thing in a person’s life, but if it still came to a divorce, you need to approach it as competently as possible, with what we will help you in this article.
Application for divorce – how to properly file.
Any proceeding begins with the preparation of documents. What you will need:
- A document proving your identity;
- Certificate of marriage;
- document confirming the presence of common young children.
Now consider the options for resolving the issue:
there are no minor children, property does not need to divide, to the agreement came to by mutual consent.
Upon arrival at the Registry Office, you will be issued an application form (form No. 8), which will be available below for download. All fields, except nationality (to be filled out if desired), must be filled out. The form must also be accompanied by the passport of each spouse, proof of payment of the state fee and the marriage certificate. The end of the marriage occurs after thirty days. During this month, either party may change his or her mind and withdraw the petition by refusing to divorce;
In such a case, the application is filled out on Form No. 9. The procedure is the same as described above, but in addition to the basic documents, it is necessary to attach a confirmation of the incapacity of the person, his disappearance, or a verdict from the court. An example of the form will be attached below and is available for download.
Also, divorce on the initiative of one spouse is possible, if it is already decided who and where minor children will be brought up, and questions about property and alimony resolved voluntarily. The case can be considered in a magistrate’s court if the value of the property is not more than 20 thousand rubles.
The application must contain:
- Name and place of residence of the spouses;
- where and when the marriage was concluded;
- the consent of the defendant to divorce (if the party does not avoid the registry office);
- information on common minor children and the place where they will continue to live;
- request for divorce with a detailed description of all aspects (reason, alimony, joint property.)
The aforementioned application shall be accompanied by an appendix, which shall contain:
- a document confirming the validity of the union;
- document confirming the birth of common small children;
- certificates of income;
- a list of jointly acquired property;
- a copy of the statement of claim and proof of payment of the state duty.
Such cases are considered within a month.
Applications of the same type are considered by district and city courts, if the spouses have not reached an agreement on residence of minor children, alimony and/or the distribution of property, the cost of which is more than 20 thousand rubles.
The application itself does not differ from a lawsuit in the magistrates’ court, it is filled out and drawn up exactly the same way as above. It will be considered no more than 2 months from the date of filing. Sometimes the period may be extended up to 3 months.
By law, the husband may not divorce his wife while pregnant and for the next 12 months.
State duty in a divorce – we calculate on our own.
The calculation of the state duty is influenced by such factors as:
- whether both parties agree, whether you have young children, or not;
- how the application is submitted: through the registry office or the court;
- by whom the application is filed: one spouse or two spouses;
- In what order will the division of the common property be decided.
- If both parties agree to a divorce at the registry office and the conditions are met (no minor children, no need to divide property, consent is mutual), the cost will be 650 rubles from each spouse.
- In the case of divorce through the court , the state duty is paid twice: for filing an application and for registration of divorce in the Registry Office after the court decision. It will cost 600 and 650 rubles from each, respectively. If one of the spouses is disabled, recognized as missing or imprisoned for a period of 3 years, the cost of the state duty will be 350 rubles from one party.
- In the case of divorce with division of property, the minimum amount per application is 400 rubles (in the case of property < 20 тыс. рублей). Также, нужно будет оплатить госпошлину по 650 рублей с каждой стороны.
If you decide to change your last name after the divorce, you will be charged an additional 1,600 rubles, including change of passport.
If the value of the property is more than 20 thousand rubles, the calculation takes a different turn:
Payment of the fee is made at the end of the decision of the court, not before it begins.
How to formalize the division of property?
According to the law, the common property is that which was acquired during the existence of the marriage. And it does not matter with whose funds everything was bought. The date specified in the marriage certificate is the “point of no return”.
But each party will retain everything that was purchased before the marriage:
- Real and movable property;
- a car or other appliances;
Such things will never become common, and at the “dissolution” each party keeps his or her own. This also includes any item or funds donated by relatives or inherited.
It is possible to formalize the division of property:
In this case, both parties can claim theirs in a statement of claim or in an appendix to it. You can mutually decide who gets what and draw up, the so-called agreement on the division of property. In this case, you can dissolve the claim in the Registry Office, in the absence of minor children, as we said above.
After the court, you can breathe easy and still demand their own, filing a lawsuit on division of property. But do not forget that the limitation period is 3 years. If you do not have time, you will not be able to divide the property.
Is it possible to do the division of property without a court?
If we turn to the family code, we see the answer there. There are 2 ways of pre-trial agreement on the division of jointly acquired property:
Through a prenuptial agreement.
While you are married, you can draw up a prenuptial agreement. The uniqueness of such a document is that it can regulate who will be assigned the property that will belong to you in the future. You can specify that the real estate will belong to your spouse, but the business and the car will belong to you. This document is voluntary.
In an agreement (executed in duplicate), which is executed after the divorce, each spouse prescribes in detail what, who and where will belong. There are a number of points that are worth considering:
- Everything must be described in detail;
- have an unambiguous understanding for both parties;
- Every characteristic of the thing must be in the agreement;
- where, when and how it was acquired;
- if the item exceeds the amount of the agreed share, stipulate and specify the amount of compensation.
The agreement is signed by each spouse and is effective immediately. Draft the document carefully, as subsequent disputes are resolved only in court.
How do I file for divorce in 2022?
Divorce, or in other words, the dissolution of a marriage, is the beginning of something that the average person does not encounter in everyday life. It is a world of courts, documents, wording, and control over one’s actions. In order for the introduction to this phenomenon to go as smoothly as possible, it requires the consent of both parties. But often things take a different storyline. How then to divorce correctly and without a nervous breakdown ?
Contents of the article
First, let’s remember how it all began, and then consider what options you have for action.
Conclusion of the marriage.
In other words, you entered into a marital relationship, which is essentially a contract between you for living together, raising children, acquiring and disposing of property, and running a joint household. Like any contract, you could have entered into a marriage simply by registering, or you could have entered into a prenuptial agreement.
Normal marriage registration is based on the provisions of family law, which regulate in some detail the procedure for concluding and ending a marriage, the relationship between the spouses, raising children, property ownership. The prenuptial agreement, as a rule, expands the legal provisions on the treatment of spouses. And, as well as any contract, it can be dissolved.
Dissolution of Marriage
This is the official name for a divorce. You can get a divorce in two ways:
1) through the civil registry office (Registry Office) . If you and your spouse are in mutual agreement and there is no dispute about children, division of property, alimony payments, then this is your option, and you simply submit an application for divorce.
2) through the court. This is where you go if:
– your partner refuses to divorce ;
– your partner kind of agreed to a divorce, but for some unknown reason to you still evades the dissolution of marriage in the registry office and refuses to submit an application;
– You and your partner have common minor children under the age of 18 years. But if your spouse is recognized by a court as missing / incapacitated, or he was convicted of a crime to imprisonment for a term exceeding three years, then the dissolution of marriage is carried out at the registry office. If there is a mutual consent to the dissolution of the marriage and there are minor children, the court will dissolve the marriage without clarification of the reasons for the divorce. You are entitled to submit to the court an agreement on the children. If there is no such agreement, or if the agreement violates the interests of the children, the court will take measures to protect their interests;
– If there is a dispute about the division of property.
Remember that the dissolution of marriage, division of property, disputes about children, disputes about alimony are all different processes in terms of legislation, although they may be combined.
What to do, if you can carry out a divorce only in court
- Pay a state duty of 600 rubles;
- Make a statement of claim and send a copy to his spouse;
- Attach the original marriage certificate to your application (it is the original, because although the Supreme Court of the Russian Federation explained back in 2016 that the original is not required, in practice courts often refuse to accept an application without the original), a receipt for the payment of state duty and a receipt for sending a copy to your spouse and send it to court*.
In the case if there are no children and no dispute about the property, the application must be filed with a justice of the peace. In other cases – in the district court. The claim is filed in the court of residence of your spouse.
*Now the most important thing. Before filing for dissolution of marriage in case your spouse does not agree or refuses to dissolve the marriage, you need to prove these circumstances. To do this, send your spouse a letter/telegram, indicate there the date, time and place at which he must appear for the dissolution of marriage. The notice is considered served from the time of receipt at the post office, but it is better to add 3-5 days. This letter and the receipt of sending should be attached to the statement of claim . For filing a lawsuit is enough the fact of sending a letter.
Legal support of the divorce process
Get free help from an experienced lawyer at the link below. Consultation is possible online or in our Moscow office.
The statement of claim has been sent. What next?
In practice, the duration of a divorce case depends on related factors: whether or not there is a dispute about property or child-rearing.
If there is an agreement about property or children, the divorce will most likely be finalized within three months. This depends on the actions of the parties and the judge. The judge may decide to allow up to three months for reconciliation. This process is not regulated in any way.
For example, the spouse you are divorcing files a motion for a period of time to reconcile. It is difficult for a judge to deny this request in the absence of any serious arguments (such as a long separation). In terms of the reasonableness of their decision, it is easier for the judge to grant the three months for conciliation than to deny it.
If you have a dispute of any kind, then the divorce process can take much longer.
A separate issue is the division of property. Everything is obvious, if there is an agreement on the division of property or the spouses have concluded a marriage contract, which provided for the order of division of property. Then the court has nothing to, shall we say, interfere with. The only thing the court will check in any case is whether the agreement does not violate the rights of anyone, whether the spouses, children or third parties.
If there is no agreement or prenuptial agreement, the court will have to work out these agreements. The court will have to base its decision on the current law. It states that all of the property acquired by the spouses during the marriage belongs to them in equal shares. Nuances of the section may arise in the case of a dispute about when the property was acquired – before the marriage or during the marriage. Or the property was gifted to one of the spouses. A very difficult case is if the property was bought with the money, which in turn was gifted to one of the spouses. The problem with this case is that it is very difficult to identify the money received outside the marriage from the money that was earned during the marriage.
An even more difficult point is the mortgage . Especially if the mortgage was taken out on one of the spouses, and the apartment purchased on that mortgage loan belongs to the spouses in equal shares and is jointly owned by the spouses.
This is the kind of issue that requires a more serious approach from the court and can delay the issue for a long time. For more information about division of property in a divorce, read a separate article on this topic at this link.
After the court makes a decision about the divorce, you must go to the registry office and get a certificate of dissolution of marriage. The issuance of the certificate is paid with a state duty of 650 rubles.
If you do not want a long divorce
Since divorce and, for example, division of property do not have to be resolved in one lawsuit, it is best to file the divorce lawsuit first. And after that, a separate lawsuit for division of property. Thus, you will, on the one hand, already divorced, that is, you can act on their own. On the other hand, you have the opportunity to divide the property through the court and, accordingly, to settle this issue.
As we can see with you, the procedure for divorce is described in sufficient detail in the law and requires very precise execution of formalities. Given that the spouses are already under stress during a divorce, it is very difficult, without being professionals, to conduct the process about the divorce correctly and as quickly as possible.
So my advice is that you definitely need to involve professional lawyers. So personal matters like divorce are seriously disruptive. The labor of arranging a divorce and conducting all the legal procedures can be an overwhelming burden.