Divorce is always a difficult period in lifeboth spouses, who want to survive as quickly as possible. It involves a large number of legal issues and is best if the spouses choose the procedure for divorce through the registry office. Without children, it becomes as simple and quick as possible. However, it also has many pitfalls, the material of this article will help to avoid. From it you will learn how to conduct a divorce procedure through a registry office without children in Russia, as well as all the legal and practical subtleties of the process.
Official divorce: legal term
Often, realizing that living together is simpleIt is impossible, the spouses just go to different apartments or even cities. For them, the issue of the future has already been resolved, but this is not a dissolution of marriage at the legislative level.
It is interesting that the term "divorce" is notlegal, in the family law it is a question of divorce. However, spouses almost always use the capacious word "divorce," which means the cessation of cohabitation and the conduct of a common household. Marriage ends only after receipt of the relevant papers or as a result of the death of one of the spouses. But even in the latter case, it is necessary to obtain a number of documents confirming the fact that the marriage is no longer valid.
In the case of a family without children, the procedure for divorce through a registry office is the best way out of the situation. But not the only one. We will now tell you about the procedure for divorce.
Registry or court: we decide how best
Situations leading to divorce, are different. Therefore, the very procedure for divorce is carried out in different state institutions.
Let's suppose that to end the relationshipdecided one of the spouses, and the second can not reconcile with this, and therefore does not want a divorce. In this situation, only the court will help, he will sort out all the nuances of the case and make a decision with which he will have to reconcile both husband and wife. Also, divorce takes place in court in the presence of property disputes, debt obligations and young children. Keep in mind that even when the spouses agree to a divorce and do not have any complaints against each other, the presence of underage children will force them to file a statement of claim to the magistrate. Otherwise, the marriage will not be terminated.
Through the registry office, the procedure for registering a divorce (without children) is in a simplified version. But in this case, the spouses should not have any property disputes and both sign consent for the termination of the marriage.
The reasons for getting a divorce through a registry office
Almost everyone knows that if the family is without children, the procedure for divorce through a registry office is possible. However, there are several other reasons that allow the formal dissolution of conjugal ties in this institution:
• mutual consent to divorce;
• Absence of questions on the division of property;
• one of the spouses is recognized as missing or died;
• finding a spouse in custody for more than three years;
• incapacity of one of the partners, established in an official manner.
All these reasons make it much easier to dissolve the marriage, but we are concerned with the registration of the divorce procedure through the registry office without children. On this topic, we now talk more thoroughly.
The procedure for divorce through a registry office without children without the consent of one of the spouses: is it possible
We have already mentioned more than once that one of thethe indispensable conditions for the dissolution of conjugal ties without the involvement of the judiciary is the consent of both partners. It is confirmed by the arrival in the registry office and the joint filling of documents. Also at the appointed time, both spouses must come in order to obtain documents stating that their marriage has been officially terminated. If someone does not appear in the registry office without a good reason, then the case is postponed indefinitely.
Many women are wondering whether it is possible to draw up all the papers without the knowledge of their second half. In this case, the law provided for several options, which we already announced in the last section of the article:
• incapacity;
• imprisonment for more than three years;
• recognition of the missing spouse.
In any of these cases, the partner who has expressed a desire to dissolve the marriage may apply to the registry office in the prescribed manner with all the necessary supporting documents.
How is the procedure of divorce through the registry office without children: stages
Even the most experienced people get lost when talkingcomes about a divorce, and commit a lot of unnecessary actions. Emotions do not allow spouses to concentrate and calmly proceed to the collection of documents necessary for the dissolution of the marriage bond. We decided to consider this process in stages:
• the choice of the registrar;
• filling out an application;
• collection and submission of necessary documents;
• drawing up a marriage contract (if necessary);
• registration of a divorce.
So, let's pay attention to each of the listed stages.
Registry Office: where to submit documents
It is best to apply from both spouses to the registry office where the marriage was registered. This greatly simplifies the process for employees who will consider the assembled package of documents.
Sometimes ex-husband and wife travel apart in different ways.cities, therefore, you can apply to any civilian registry office at the location of one of the spouses. In such cases, a package of documents may be separately collected by the husband and wife and submitted simultaneously to the relevant authorities in different localities.
Keep in mind that there is currentlyThere are three ways to transfer the application to the registrar. Most people go and solve all paper questions personally, which, according to opinion polls, is more familiar to Russians.
Some prefer to file for divorce through the public services portal. But this is possible only if one of the spouses is already registered on it.
In open multifunctional centers, you can also solve all problems with the application. Employees of the center will help you fill it in and transfer it to the appropriate registry office.
Statement: jointly or singly
Since divorce through the registry office implies mutualthe decision of both spouses, then they must fill out the application together. But in the case of a sudden trip or a serious illness of one of the partners, an officially certified notarized power of attorney to handle the business is allowed. It is with this document that you must come to the registry office.
In the statement, pay attention to the correctfilling in all the boxes: personal and passport data, address of residence and residence, the number of the document on marriage. Be sure to include the last name you want to leave after the divorce. At the end of the application the date and the list of applicants shall be entered.
Keep in mind that government employees are never interested in the cause of divorce. This is important only in litigation.
Documents: collection
So, you will have a divorce procedure through the registry office without children. What is required in this situation, except for the application?
It should be noted that in order to dissolve the marriage bond, you will need a minimum set of documents:
• originals of Russian passports of both spouses;
• marriage certificate (it will be withdrawn after registration of the divorce);
• an extract from the house book (this will make sure that the spouses do not have common children);
• check for payment of state duty.
Do not forget the notarized power of attorney, if your half will not be able to come to the registry office in person. Without it, even a correctly assembled package of documents will not be accepted by employees of a state institution.
Marriage contract
This phenomenon has not become customary in the Russianof reality. However, in the case of termination of the marriage through the registry office, which presupposes the absence of material claims, the former spouses in the future may experience various troubles.
There are cases when before the immediateBy registering the divorce, the husband and wife came to some verbal agreements regarding acquired property and debts. But after receiving the coveted stamp, one of the spouses refused to speak, and there was no possibility to prove the agreement in the future.
Therefore, try to protect yourself and enter into a contract that lists all property issues. This will be the guarantor of a peaceful separation and good relations.
Government duty
Surprisingly, the question of paying the duty is always the most painful among our citizens. They are often confused in the amounts and their purpose. In fact, in the case of a divorce, everything is quite simple:
• six hundred and fifty rubles each partner pays before submitting the application;
• The same amount must be paid by everyone for the certificate of divorce and stamped on the passport;
• three hundred and fifty rubles is paid by one of the spouses who makes an application unilaterally in cases established by law.
Do not forget that the fee can be paid only in the branches of Sberbank.
The final stage
In the procedure of divorce through the registry office (without children) termsexpectations are limited to one month. When accepting documents, state institution employees set a date when the very process of registering the divorce will be registered.
В это время оба супруга должны прийти и еще раз confirm your consent to divorce. Employees of the registry office will record this consent and will issue official forms confirming the termination of the marriage. From this moment on, the former husband and wife are considered free and have the right to build new relationships.
Interestingly, in many former alliedRepublics have a similar procedure for divorcing through the registry office without children. In Belarus, for example, family law also provides for the possibility of termination of a marriage without legal action.
Any divorce is a very difficult moment, but duringIn many cases, it is he who is the door to a new and possibly happy life. Stay focused and make only considered decisions, so that you don’t regret your actions in the future.
