General procedure for divorce. Divorce by law: where to go and what to do? Apply for divorce in Belarus

In Belarus, a neighboring country to Russia, divorce is also not uncommon.

The legislator gives Belarusians the right to divorce, but how much does divorce cost in Belarus? It is possible that the price of freedom may be beyond the reach of the average citizen.

Two ways to solve the problem

Terminate family relationships It is possible in the registry office or through the court. The first way is faster, simpler, and will cost less. But only for its implementation three conditions must be present:

mutual consent;
settled disputes;
absence of children.

To register a divorce, the spouses must personally come to the registry office, provide identification documents, and write the required application.

A receipt for payment of the fee must be attached to the application form. In Belarus in 2015, the duty price is 4 basic units. The basic value (BV) is a conventional unit introduced in Belarus to determine the amount of duties. In 2015, the size of the BV is 180 thousand Belarusian rubles.

First to the court, then to the registry office

If you have small children, a divorce must be obtained through the court. Filing a claim for divorce is accompanied by the payment of a state fee, followed by registration of a change in civil status in the registry office. Thus, the cost of divorce through the court is higher than if you act administratively. When filing a claim, money is collected from the state. The amount of the fee for a divorce in court depends on the reasons that prompted you to go to court and on the type of divorce.

When divorcing your first marriage, you must pay 3 basic amounts, and if you want to get a divorce again, the price of the issue will increase to five BV. But in some cases the duty is reduced to 1 BV. This happens if the divorce is made on the basis that the partner has disappeared, been declared dead, or been sentenced to 3 years or more.

Divorce in Belarus can be filed through a court or a registry office. This publication describes how to file a claim, formalize the division of property and how much a divorce costs. An application must be submitted to the registry office, indicating the reason for the divorce. A statement of claim is also filed with the court.

In the registry office, a couple will be divorced faster than in court, but it is necessary:

mutual consent;

absence of disputes about the division of property;

absence of minor children.

If the state of affairs corresponds to all three points, then a facilitated divorce is possible on a day agreed upon in advance by the spouses. In this case, the spouses are not given time for reconciliation. The procedure must be completed by the registry office no earlier than one month after submitting the application, no later than two months from the date of its submission.

List of documents required for divorce:

a statement signed by both spouses;

a receipt indicating payment for services for divorce, in the form of a state fee;

passports of husband and wife.

It is worth noting that in the absence of one of the spouses for a good reason, the court may divorce the couple if the absentee’s written consent is provided, certified by a notary or an authorized representative of local executive or administrative bodies. The state duty is paid in the amount of four basic units. This is 102 rubles, based on the calculation that one basic value is 25 rubles 50 kopecks.

If one of the spouses wishes to return to the surname with which he lived before marriage, then this must be indicated in the application for divorce. The divorce comes into force when the corresponding mark appears in the passport. If the case is heard in court, the divorce procedure will seem more drawn out.

Registration of divorce through the court. This procedure is required if:

the spouses have joint minor children;

it is impossible to divide property without court;

there is no consent for the divorce of one of the spouses.

The court will not make a positive decision on divorce if:

the woman is pregnant at the time of the court hearing and the court does not have her written consent to divorce;

the child is under three years old. In this case, divorce is possible only with the written consent of the parent with whom the child remains and who takes care of him.

The issue of the child’s further residence with one of the parents is decided:

or by oral agreement of the spouses;

or by written agreement. If such an agreement is not reached, the issue of the children’s residence is resolved at a court hearing. This takes into account:

the desire of the child himself, if his age is 10 years or older;

the child's attachment to one of the parents;

the parent’s ability to provide the child with the necessary minimum;

caring for the child and its manifestation;

opinion of the guardianship and trusteeship authorities.

The court is obliged to find out whether pressure was exerted on the child during the choice. This decision must be heard in court in the presence of the teacher or clarified by the guardianship authorities when interacting with the child. Marital property is all property acquired during the marriage. Divorce is a reason to divide it equally. But there are conditions under which the court can increase or decrease the share of one of the spouses.

Not subject to division:

property that was the property of one of the spouses before the marriage, this also includes income from the use of this property and its alienation;

property received by inheritance or as a gift before or during cohabitation spouses, including income from its use and alienation;

personal items of spouses, this does not include expensive jewelry and luxury items;

things acquired during marriage and items purchased with personal funds;

property acquired by both spouses after the termination of the common household;

things for personal use of children under the age of majority.

There are nuances when the court decides to recognize the property of one of the spouses as jointly acquired. This occurs when the invested funds of another have increased the value of this property. The conversation may concern restoration.

Statement of claim

An application for divorce is filed at the defendant’s place of residence. A sample application is provided to the judicial authority.

Payment of state duty

The state duty can be paid at any bank branch, using the details provided by the district court. The bank issues a receipt, which must be presented in court.

State duty amounts:

The first divorce in Belarus is subject to a state duty of four basic units, the second and subsequent divorces will cost 8 basic units. An official divorce from a person who is missing, incompetent, or sentenced for at least three years will cost a state fee in the amount of one basic amount. If the court is obliged to simultaneously, in addition to the divorce, deal with the division of property, then the amount of the state duty will increase by an amount equal to 5% of the declared value of the property.

List of documents for trial.

Having a signed statement of claim for divorce and a receipt for payment of the state fee, you can go to court. Along with these documents, the court will need to provide:

a copy of the statement of claim for the husband/wife acting as the defendant;

marriage certificate (original);

children's birth certificates (copy);

documents for the disputed property;

when assigning alimony - documents on income;

Court

The collected package of documents is sent to the court. A registered letter with notification will guarantee that the documents have been received and accepted for production. You should be prepared that you will be offered 3 months for reconciliation.

Divorce in Belarus

Divorce in Belarus has long become a routine procedure that employees of the registry office and courts are constantly faced with. According to statistics, in 2016 there were no fewer applications for divorce than for marriage.

Simplified system of divorce proceedings

In January 2013, amendments to Article 351 of the Code on Marriage and Family of Belarus came into force. How has this affected divorce proceedings? There is an opportunity to dissolve a marriage through the registry office. However, only spouses who do not have property and financial claims, severing family ties by consent, and without children under the age of 18 can take advantage of the changes. If there are controversial issues, divorce is granted only through the court.

So, a couple wants to get a divorce in the registry office in 2017, what is needed for this:

firstly, documents for divorce can only be submitted to the registry office located at the place of residence of one of the spouses;
secondly, the application for divorce is signed by two spouses. Usually it indicates that the decision is meaningful and mutual, there are no common minor children, property or financial disputes. If desired, one of the couple describes in the application a request to change the surname to the premarital name;
Along with the application you will need: copies of passports; marriage certificate. Receipts for payment of state duty are required. By the way, this year this amount is 840 thousand rubles (if the divorce is through the registry office).

The marriage will be officially terminated 30 days from the date of application.

How to get divorced through the courts

Divorce statistics in Belarus say that Belarusians get divorced in court no less often than in the registry office. This option is suitable for spouses if:

one of them does not want to voluntarily dissolve the marriage;
have common minor children;
there are property and financial disputes.

A claim for divorce is drawn up, which indicates the date and place of the marriage; the reason that forced the filing of the claim, information about the presence of minor children. All controversial issues requiring court intervention are listed. What documents are attached to the claim:

You must provide a marriage certificate (original);
the plaintiff’s passport and its copy;
copies and originals of children's birth certificates;
original marriage contract;
a certificate of income of the spouse who assumes the obligation to pay alimony, if such a request is included in the claim;
an inventory of property, real estate and luxury items acquired during the marriage;
receipt of payment of state duty. How much does a divorce through court cost? The amount of the cost is fixed by the Tax Code of the Republic of Belarus: first divorce - 3 basic values; dissolution of the second and subsequent marriages - 5 basic units; divorce when the other party, for objective reasons, did not appear at the meeting - 1 base amount.

The claim, complete with other documents, is submitted to the court located at the place of registration or place of actual residence of the defendant. If there are factors that do not allow filing a claim in the manner prescribed by law, the plaintiff may apply to the court at his place of residence. The reason is documented.

How to apply for alimony without divorce

If one spouse wishes to file for alimony but does not intend to divorce, then the documentation provided to the court includes:

a copy of the marriage certificate;
a copy of the children's birth certificate;
a certificate confirming that the children are dependent on the plaintiff, which can be obtained from the housing authorities;
a certificate issued at the defendant’s place of work, with data on wages and deductions according to other executive documents;
a copy of the application provided to the defendant.

Important: if the plaintiff does not have the opportunity to provide the court with a certificate from the defendant’s place of work, then this is not a reason for refusing to accept the application. But this fact must be reflected in your application. The practice of divorces in Belarus knows precedents when the court made a positive decision in such cases and ordered the defendant to pay maintenance to the children.

The claim for alimony is considered on the basis of Article 92 of the Code on Marriage and Family. If there is no additional Agreement on children or alimony payments, if the amount of payments is not agreed upon Marriage contract, then child support is collected according to the principle: 25% for one child, 33% for two, 50% of salary or other income if there are three or more children.

Features of the judicial divorce process

In Belarus, an application for divorce, a sample of which is shown in the lobby of each court, takes at least a month to consider. Then there will be an initial hearing, as a result of which the judge may give the spouses 3 months to reconcile. If nothing changes during this time, the judge will either divorce the couple or refuse and give 6 months to reach a common decision. Spouses who continue to stand their ground will be divorced, but in judicial practice there are many cases where this period helped the family unite again.

The divorce procedure in Belarus in 2017 is complicated only at first glance; a married couple can avoid lengthy litigation if they come to a single decision even before filing a lawsuit and draw up a notarized agreement on the division of marital property, the place of residence of minor children and the absence of financial claims against each other to a friend. A judge or a civil registry office employee will definitely take into account the validity of the divorcees’ intentions.

Belarus is on the list of leaders in divorces. According to statistics, in recent years The number of divorces in the state is almost equal to the number of marriages. For most Belarusian people, divorce has become an ordinary event. Until the end of 2012, it was possible to formalize a divorce in Belarus only through the courts.

From the beginning of January 2013, Art. 35.1 of the Code on Marriage and Family, according to which it became possible to get a divorce in Belarus through the registry office, bypassing long court proceedings. The innovation affected married couples who wish to dissolve family ties by mutual consent, provided that they have no children under 18 years of age and no disputes over the division of property. In all other cases, divorce, as before, can only be obtained in court.

Divorce in the registry office: documents and procedure

How to file a divorce through the registry office? To do this, a married couple needs to submit an application for divorce to the mentioned government agency, which is located at their place of residence. This document must be drawn up and signed by both parties. The statement must indicate that the decision to divorce is mutual and voluntary for the couple, they have no common children under the age of 18 and no property claims against each other. If a spouse who changed his last name during marriage registration wants to return to the one he had before marriage, then this must also be indicated in the application. Along with the application for divorce, the following are submitted to the registry office:

copies of spouses' passports;
original receipt for payment of state duty (as of November 2014, it is 450 thousand rubles or 3 basic values).

If one of the spouses is unable to appear in person at the registry office to submit an application, he has the right to submit a notarized document indicating his voluntary consent to divorce. The marriage of the spouses is dissolved one month after the spouses submit the documents. If during this time the husband and wife change their minds about getting a divorce, they can withdraw their application and thereby save their family.

In Belarus, a married couple can be divorced through court if:

one of the parties does not consent to the termination of the marriage relationship;
the husband and wife have at least one child under 18 years of age;
There are disagreements regarding the division of property acquired jointly during marriage.

In order to begin the process of divorce, the spouses or one of them must file a claim for divorce in the courts. It is advisable to draw it up with the help of a lawyer. The document must contain the following information:

date and place of the wedding;
the reasons that forced the couple to decide to divorce;
the husband and wife have a child (children) under the age of 18.

The claim must indicate all the disagreements that the court must resolve. Such disagreements could be:

disputes over which parent the children will live with;
the procedure for communicating with the children of the spouse who will live separately from them;
calculation of alimony;
division of marital property.

In addition to the claim, the court will require other documents. Their list in each individual case may change. However, roughly it looks like this:

original marriage certificate;
original and copy of the plaintiff’s passport;
copies and originals of birth certificates of all minor offspring of the spouses (if any);
marriage contract (if any);
a certificate of the amount of income of the parent who is charged with child support obligations (if the claim states a claim for the calculation of child support);
an inventory of property acquired during marriage, documents and receipts for the acquisition of real estate, vehicles, luxury goods (if issues regarding the division of joint property must be resolved during official hearings);
original receipt of payment of the state duty (for the first divorce, the fee is 3 basic units, or 450 thousand rubles, for repeated divorces - 5 basic units, or 750 thousand rubles).

The statement of claim, together with other documents, is submitted by the plaintiff to the court located at the place of registration or actual residence of the defendant. If the latter lives in another city and the plaintiff, if there are good reasons ( small child, serious illness, etc.) cannot sue for divorce at his place of residence, he has the right to file documents with the court at his place of residence.

Features of divorce in court in Belarusian

The first court hearing takes place approximately a month after the documents are submitted. Having studied all the materials of the case, the judge, guided by Art. 36 of the Code on Marriage and Family, can give spouses time (up to 3 months) for reconciliation or for the couple to reach a common decision on issues related to children and the division of marital property. If, after the end of the given 3 months, the spouses do not reconcile, the judge may divorce them, refuse them a divorce, or give them another period for reconciliation (up to 6 months). The decision to end a marriage is made by the judiciary only when all attempts to save the family are unsuccessful.

The family legislation of Belarus provides for situations when the divorce process takes place according to a special procedure, without providing a 3-month period for reconciliation and resolution of controversial issues. This is possible when the second spouse:

is incapacitated;
found guilty of a felony and sentenced to imprisonment for 3 years or more;
considered missing.

In the above cases, the court divorces the spouses according to a simplified procedure. However, the plaintiff must provide the judge with certificates indicating the special status of his significant other. The fee for divorce will be much lower, it will be 1 basic amount (150 thousand rubles).

It is worth noting that in some cases it is impossible to file for divorce in Belarus. In accordance with Art. 35 of the Code on Marriage and Family, spouses are not divorced if:

the wife is expecting a child and does not agree to divorce;
the common child of the couple is not yet 12 months old and one of his parents does not consent to the dissolution of the family relationship.

Children and division of marital property

If the divorcing couple does not have disputes over issues related to further residence, education and financial support of common children, then they should take care of drawing up an agreement on minor children (Article 38 of the Code on Marriage and Family). This document must indicate which of the spouses the minor children will live with, which parent will pay alimony and in what amount, how much he will take part in raising the offspring, etc. The contents of the document should not contradict the interests of minors and current family law Belarus. The agreement must be drawn up in writing and certified by a notary. In the absence of the specified document, all issues related to further residence and material support children are decided in judicial procedure(Article 39 of the Code on Marriage and Family).

When calculating the amount of alimony in favor of children under 18 years of age, the court is guided by Art. 92 of the Code on Marriage and Family. According to it, alimony is calculated from the alimony-paying parent every month in the amount of:

25% of his salary and other income - for 1 child;
33% - for 2 children;
50% - for 3 children or more.

It must be taken into account that the final amount of alimony collected from an able-bodied parent should not be lower than 50% of the established amount. living wage for 1 child, 75% for 2 children and 100% for 3 children.

The amount of monthly payments may be slightly reduced by the court if the parent already has child support obligations in relation to children from him previous marriages or if he has a disability of group I or II. Sometimes the court may decide to exempt a disabled person from paying alimony. If after divorce ex-husband and the wife divided the children among themselves, then the one of the spouses who is more wealthy is obliged to pay monthly alimony in a fixed form for the maintenance of the child living with the less wealthy parent. When determining their size, the judicial authorities take into account the financial condition and marital status of both parties.

When dividing the property of a married couple acquired during the years of marriage, the court recognizes their shares as equal (Article 24 of the Code on Marriage and Family). In this case, the court must take into account the interests of the children who are growing up with a divorcing husband and wife. If the division of property in equal shares is contrary to the interests of the children, then the court has the right to reduce the share of one spouse and increase the share of the other, with whom the offspring remain to live. The court may deviate from the principle of equality of shares in marital property when it turns out that during family life one side deliberately evaded labor activity or used jointly acquired wealth to the detriment of other family members. Spouses can avoid lengthy legal proceedings if they draw up and notarize a voluntary agreement on the division of marital property.

According to statistics, the most divorces in Belarus were registered in the capital of the state - Minsk. The most dangerous age for spouses to get married is considered to be 25-34 years old.

It is this age group that most often makes the decision to end a relationship. On average, first marriages last no more than 10 years. Statistics show a sad situation, but it is inexorable.

Precedents are increasingly emerging in society when spouses hastily take a serious step without knowing each other well. There are opinions that in order to preserve the institution of marriage, serious measures will soon be taken.

By the way, the servants of Themis have the right to extend the period of reconciliation up to six months, if there are significant grounds for this.

If there are minor children

According to statistics, in more than 90% of cases the child remains to live with his mother. This is a kind of “default” rule; if the husband does not agree, he can file a lawsuit expressing his desire to raise the child on his own. Children over 10 years old are asked in court for their opinion on who they would like to live with.

The amount of alimony in Belarus does not differ from our figures:

1 child - a quarter of income.
2 children - 33%.
3 or more - half the income.

With a foreign citizen

Divorce of marriages with foreigners who permanently reside outside of Belarus is considered the most difficult.

You will have to draw up a statement of claim and file it with the courts of the country in which the defendant resides.

This process is fraught with numerous difficulties: translation of documents, nuances of legal proceedings, which the plaintiff is not aware of. If a foreign citizen is on the territory of the Republic of Belarus, then a divorce from him is carried out in a general manner according to the same rules as divorces for families with two citizens of the Republic of Belarus in their composition.

Division of marital property

Usually joint property divided into equal shares between the spouses. What was given or received by inheritance cannot be considered common.

Only purchases using funds from the “family” budget automatically classify the property as joint. There are a number of exceptions in which the shares of spouses may be revised.

If the loan funds were spent by one of the spouses solely on themselves, the court will most likely exempt the second of the couple from paying these obligations.

How to get a divorce quickly?

Since 2013, changes have been made to the Code on Marriage and Family. Now a couple can get a divorce quickly through the registry office with minor reservations.

They should not have minor children or property disputes. If the spouses are ready to separate amicably without mutual reproaches, then the simplified procedure is for such couples.

The divorce officially takes effect exactly 1 month from the date of filing the application.

There are also a number of special cases when the procedure is also carried out very quickly, even without the consent of the second party, if it:

declared missing;
sentenced to a term of at least 3 years;
incapacitated due to mental illness or dementia, as confirmed by a medical certificate.

For these cases, the application is submitted unilaterally. The waiting period for a divorce is also 30 days. These provisions are listed in more detail in Article 36.

How and where to get a divorce certificate?

If the divorce was carried out through the registry office, then the certificate of termination is received there. After the court decision is announced, a printed version will be given to you. This will serve as an equivalent replacement for the certificate, which is no longer necessary to obtain.

How much does divorce cost?

The tax code of the Republic of Belarus stipulates that for the first divorce it is necessary to pay 2 basic amounts, for the second and each subsequent divorce 5 basic amounts.

The cost of the basic value since 2018 is 24.5 Belarusian rubles.

Additional costs may include the cost of a lawyer if one of the parties has engaged him to protect their interests.