Divorce in the registry office

Розірвання шлюбу в органах РАГСу

Divorce at the registry office

Family lawyer
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Greetings! In this article I will tell you about how divorce occurs through the registry office, what are the nuances and controversial issues. After reading the material in the article “Divorce in the Civil Registry Office” on the website rozirvannya.com.ua you will find answers for yourself on this issue.

Divorce in the Civil Registry Office in Ukraine

Divorce through the registry office has many advantages – ease of preparing an application and a minimum package of documents for divorce, low cost and no additional expenses, short processing time for the application and quick divorce.

In addition, the divorce procedure in the registry office does not involve clarifying the circumstances of an unsuccessful family life and the reasons for the breakdown of relationships. There is no need to present evidence and listen to the testimony of the parties and witnesses, there is no need to collect numerous certificates and submit petitions. How does divorce happen through the registry office? Simple, fast and effective.

Conditions for divorce in the registry office

However, not every marriage can be dissolved in a simplified and expedited manner. Only spouses who have reached a general agreement on divorce and do not have common minor children have the right to divorce through the registry office.

The first mandatory condition for a divorce through the registry office is the joint consent of the spouses. If the spouse does not consent to the divorce, the divorce procedure will not take place. After all, getting a divorce, just like getting married, can only be done voluntarily. The absence of the need to resolve disputes, sort things out, make mutual claims and expose intimate aspects of your life to the judgment of strangers is an important condition for filing a divorce in the registry office.

The consent of the spouses is expressed in a joint application that they submit to the registry office.

Divorce in the absence of common minor children

You can only divorce your children in court.

If spouses have their own children, but not common ones (for example, those born in another marriage and not adopted by the second spouse) or adult children (who have reached 18 years of age or have received full legal capacity), divorce proceedings in court with children may not take place. It will be possible to dissolve the marriage at the registry office.

Which children are considered common?

At first glance, this question seems simple and understandable. A common child is a child who is descended from a spouse by blood. If a child is descended by blood from only one of the spouses, it is not considered common. For example, if a woman has a minor child from a previous marriage, it is not considered common and she can get a divorce through the registry office.

But it happens that one of the spouses adopts his wife’s child. In this case, the child becomes common (not by blood, but by documents), therefore, divorce is possible only through the court. Also, through the court, a divorce will occur if both spouses have adopted a child.

Which children are considered minors?

Another simple question. Everyone knows that adulthood occurs when you reach 18 years of age. But it turns out, not only at this moment.

There is a concept of emancipation. This is the right of a child who has turned 16 years old to acquire full legal capacity – to acquire the rights and responsibilities of an 18-year-old citizen. Emancipation is possible under certain conditions: getting married and having a child, working under an employment contract or running a business.

So, if parents have such a minor (under 18 years old), but emancipated child, they can bypass the courts and get a divorce through the registry office.

Divorce through the registry office and controversial issues

For a divorce through the registry office, the presence or absence of disputes about jointly acquired property or the maintenance of a disabled man does not matter. To resolve controversial issues, spouses must go to court.

Special cases of divorce in the registry office

In addition to the considered scenario, which provides for the joint consent of the spouses to divorce in the absence of children, the law provides for other options. Thus, a divorce through the registry office without the consent of one of the spouses and regardless of the presence of children is possible in the following cases:

  1. The incapacity of one of the spouses established by the court. His inability to adequately assess the current circumstances and consciously make a decision is the basis for the unilateral initiative of divorce by the second man;
  2. Recognition of a man as dead or missing. The inability to obtain consent to divorce from a man due to lack of information about his place of residence is also grounds for unilateral divorce.

Read more about these facts in the article “Divorce without children – in the registry office and court.”

How to get a divorce through the registry office?

To divorce a marriage in the registry office, you must go through a standard procedure consisting of several stages:

  • drawing up an application for divorce;
  • payment of the state fee according to the details of the registry office;
  • submitting documents for divorce to the registry office;
  • visiting the registry office to register divorce – 30 days after filing the application.

Let’s look at each of these stages in more detail.

Application for divorce and other documents

Spouses who have reached a joint agreement to end the family relationship must jointly draw up and file an application for divorce. The law provides for the possibility of drawing up and submitting separate applications by each of the spouses, as well as submitting an application only by one of the spouses, if there is a notarized signature of the second spouse.

An application for divorce at the registry office is drawn up in the form prescribed by law, indicating all the necessary data. The divorce application is accompanied by documents established by law, one of which is a receipt for payment of the state fee.

Which registry office can you file for divorce?

A spouse can file an application for divorce:

  • to the civil registry office (at the place of marriage registration, at the place of registration of both spouses or one of them, and also not at the place of registration);
  • Through the portal “Appeal in the field of state registration of acts of civil status”.

Divorce terms through the registry office

Compared to the duration of the judicial process, burdened with clarification of circumstances and reasons, submission of applications and petitions, resolution of disputes, consideration of appeals, the divorce procedure through the registry office is carried out in record time.

So how long does the divorce procedure through the registry office last? Exactly 30 days. This period can neither be shortened nor extended. Its calculation begins on the day after filing a joint or unilateral application for divorce, and ends on the day of registration of the act of divorce.

Family lawyer
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
This month's period is given to spouses to think about the possibility of reconciliation and preservation of the family. Indeed, in marital relationships, situations often arise when, under the influence of negative emotions (insult, irritation, anger), a spontaneous and not always justified decision is made to divorce. Within a month, the spouses may change their minds about separating and withdraw their application. Unfortunately, in practice this rarely happens.

Unlike the judicial authorities, the registry office does not find out the motives and reasons for the divorce, and does not set a deadline for reconciliation between the spouses.

The divorce procedure is quite formal and includes the following steps:

  • Making an appropriate entry in the civil registration book;
  • Issuance of a divorce certificate to each spouse.

Registration of divorce

On the day the application for divorce is filed, the registry office staff sets a date for registering the divorce. The place of registration of the divorce will be the Civil Registry Office:

  • at the place of marriage registration;
  • at the place of residence of the spouse or one of them.

If an application for unilateral divorce from an incompetent man is filed, the registry office must notify the incompetent man’s guardian about this within 1 month. If an incapacitated person does not have a guardian, the registry office must inform the guardianship and trusteeship authority.

On the specified day of registration of the divorce, at least one of the spouses (or the spouse’s representative by proxy) must appear at the registry office to participate in the divorce procedure.

If the spouses cannot appear on the appointed day for good reasons, the procedure may be rescheduled. The absence of spouses makes dissolution of the marriage impossible, and the filed application for divorce is rejected. After this, you can submit a new application for divorce – even the next day.

Divorce certificate

A divorce certificate is the main document certifying the fact of divorce between spouses. After registering the divorce, each spouse receives their own copy of the certificate.

The divorce certificate must contain the following information:

  1. FULL NAME. spouse before and after divorce;
  2. Passport details of former spouses;
  3. Date of termination of marriage;
  4. Date of entry of the divorce, entry number;
  5. Place of registration of divorce;
  6. Date of issue of the divorce certificate;
  7. FULL NAME. persons who have received a divorce certificate.

How much does a divorce through the registry office cost?

If we talk about the financial side of the divorce process through the registry office, then, most likely, the total amount of expenses of the spouses for filing a divorce will not exceed the amount of the state fee.

How much does a divorce cost in the registry office?

The amount and specifics of payment of state duty are subject to payment of the following amounts:

  1. When spouses jointly file an application for divorce at the registry office, each of them pays 0.5 of the tax-free minimum income of citizens;
  2. When filing a unilateral application for divorce (in cases where the spouse is declared incompetent, dead or missing), the initiator of the divorce pays a state fee in the amount of 0.03 of the non-taxable minimum income of citizens.

Payment of the state fee is made at the bank, strictly according to the details of the registry office. The original receipt for payment of the state fee must be attached to the divorce petition when filing documents.

Results: how the divorce process works through the registry office

Consequently, the right to divorce through the registry office is granted to:

  1. Spouses who have agreed to end family life if they do not have minor children.
  2. Spouses unilaterally, regardless of the consent of one of the spouses, if it is recognized by the court:
  • incompetent;
  • missing or dead.

Since marriages are dissolved through the registry office only in undisputed cases (either by common consent of the spouses, or on the grounds provided for by the Civil Code of Ukraine), state intervention in family relations is minimal, the divorce process is a formal procedure.

  • The first stage is the filing of an application by a married couple or one of the spouses, on whose initiative the marriage is being dissolved. The application can be prepared in advance, or you can fill out the forms on the spot. All necessary documents (passport, marriage certificate, in some cases, a court decision on the basis of which the divorce occurs) must be taken with you.
  • The second stage is the divorce procedure itself, which occurs 30 days after filing the application. At the appointed time, the married couple (or one of the spouses) must appear at the registry office. The civil registry office employee enters information about the divorce in the civil registration books, makes notes on the divorce in passports, and issues a divorce certificate to the spouses. There is no need to prepare a “solemn speech” – you do not have to give testimony, give arguments, explain the reasons and motives for the divorce, or invite witnesses. You also do not have to provide additional documents (except for those listed above). These are the advantages of divorce in the registry office.

If, for good reasons, the appearance of a married couple (or at least one of the spouses) on the appointed day is impossible, postponing the divorce procedure is allowed. If the spouses do not appear without a good reason, the submitted application is canceled, the divorce procedure is not carried out (the paid state fee is not returned), which, however, does not prevent the re-submission of the application.

If you have questions, ask our lawyers. The consultation will dispel all doubts, and the lawyer will solve all your problems. Remember that divorce does not tolerate mistakes – and if you decide to take such a step, it is important to formalize it correctly.

Family lawyer
Skryabina Daria Sergeevna
Skryabina Daria Sergeevna
Candidate of Legal Sciences
If the article “Documents for divorce in the registry office” was interesting for you and you learned something useful for yourself, then like this article and also subscribe to our YouTube channel so as not to miss new videos.

Rate article
( 6 assessment, average 5 from 5 )
Share to friends
ROZIRVANNYA
Add a comment