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 that the plaintiff is not aware of. If a foreign citizen is on the territory of the Republic of Belarus, then divorce from him is carried out in general procedure according to the same rules as divorces for families with two citizens of the Republic of Belarus in their composition.
Division of marital property
Typically, joint property is divided into equal shares between 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 expenses may include the cost of a lawyer if one of the parties has engaged him to protect their interests.
The divorce procedure in Belarus is regulated by the Code of the Republic of Belarus on Marriage and Family
Divorce in Belarus is an industry institution family law. However, the answer to the question of how much it costs to file for divorce in Belarus (2015) is contained in other legislation.
Separate rules concerning the process and conditions of dissolution of a marriage, the amount of state duty, are contained in the Tax Code (TC) and the Civil Procedure Code (CPC).
But the main legal act regulating the termination of marriage relations is currently the Code of the Republic of Belarus on Marriage and Family, adopted by the Law of the Republic of Belarus of July 9, 1999 No. 278-Z. The current edition of this Code is dated December 12, 2013.
Features and procedure for divorce in Belarus
Chapter 6 of the Code on Marriage and Family establishes the conditions for the termination of marriage. It is worth noting that, unlike most countries in the CIS, in Belarus for a long time there was no opportunity to dissolve a marriage in specially authorized executive authorities - civil registry offices (ZAGS). This became possible only in 2013, when appropriate changes were made to the legislation.
Divorce through the registry office
In Belarus, a number of grounds are provided, only under which citizens who wish to divorce can do so administratively. Firstly, the consent of both spouses to divorce is necessary - a stable desire and conscious decision of both parties to the marital relationship.
Secondly, there must be no joint minor children. Thirdly, there should be no property claims between those planning to divorce - a dispute concerning both property rights (including intellectual rights) and obligations.
To divorce, you must provide the following documents:
- written statements from each spouse or a joint statement;
- original marriage certificate;
- documents confirming the absence of a property dispute and common children under the age of majority - an extract from the house register, a statement about the absence of disagreements regarding property (in free form);
- a receipt for payment of the state duty (payment can be made at a bank or through a post office).
The state duty is 720,000 rubles (4 basic units). It is contained in Appendix 20 to the Tax Code.
Each spouse, in order to avoid possible problems, you should make copies of all documents.
Divorce through court
The marriage is dissolved after 1 month from the date of filing the application
The main option for dissolving marriages these days is filing a corresponding statement of claim in court.
The law does not contain any specific obstacles to ending a marriage through a judicial authority. In the absence of special skills in legal matters, spouses or one of the spouses should seek the services of a lawyer.
He will help you draw up your application correctly and can represent your interests well in court, which will greatly simplify the divorce procedure. But you can deal with all the difficulties yourself, since the rules of jurisdiction, filing and content of a statement of claim are contained in the Civil Procedure Code.
The social task of the state is to protect marriage and family. Therefore, the legislator provides time for possible reconciliation of the parties. The general period is mandatory - 3 months, but if necessary, an additional period is prescribed - within 6 months.
It is obvious that the termination family relations the court takes a longer period of time than the registry office. This is due to the fact that the court, when making a decision on divorce, is forced to resolve issues about the residence of minor children, issues about alimony and other monetary payments, and about the division of joint property. An agreement on children can be concluded between spouses who want a divorce, which addresses a number of issues mentioned earlier; often there is a prenuptial agreement, problem solver relating to property. The court is obliged to take such agreements into account.
Based on the results of litigation, the court issues a ruling. It is an unconditional basis for making the necessary notes in the passports of former spouses by the registry office, where the court itself sends a copy of the judicial act within 10 days from the date of its entry into force.
Cost of divorce
The state fee for the first divorce is 540,000 rubles (3 basic values), for the second and subsequent ones - 900,000 rubles (5 basic values).
For divorce in Belarus through the registry office, the judicial authorities or institutions that registered the marriage are responsible. A marriage is considered terminated from the day the court makes and officially formalizes the decision to terminate the relationship. Or from the day when the spouses’ appeal on this matter was registered.
Divorce in registry offices: general rules
The registry office is engaged in divorce in 2019 under several circumstances:
- No serious disputes between husband and wife.
- No children under 18 years of age.
- There are no disputes regarding the division of common property.
The spouses themselves must agree with each other on the day on which this procedure is carried out. No more than two months must pass from the date of submission of the initial documents. But, at a minimum, this can be done after thirty days. The cost of services does not affect this.
Divorce requires a package of documents consisting of the following items:
- Proof that payment in the form of a state fee has been paid.
- Application from one of the parties for termination.
- Passports of Belarus.
- Joint statement if possible.
Documents are submitted to the address of registration or residence of one of the spouses. If necessary, in the application they write separately about the desire to regain their premarital surname. The procedure is considered completed when the corresponding mark is made in the passports.
When carrying out the procedure, the standard scheme of claim proceedings is used. This rule always applies when a divorce is carried out through the registry office in the Republic of Belarus.
Let's file a claim
Only one party has the right to go to court; the participation of the second in this process does not apply mandatory conditions. Statements of claim must contain the following information:
- Information about the place and date of initial registration of marriage relations.
- Presence or absence of children, description of age.
- Description of the reasons on the basis of which it is necessary to dissolve the marriage.
- The desire to divide common property.
- The question of the place of residence of minor children after divorce.
- The procedure for communication and participation in upbringing for a parent who will live separately.
- Determination of alimony, order and amount of collection. This issue is always resolved when a divorce of spouses is carried out in Belarus through the registry office.
- Peculiarities of collecting funds for the maintenance of a spouse in need of additional assistance.
Mandatory attachments to applications include documents with information on income, copies of birth certificates of children, and a marriage certificate. Other materials, such as an inventory of acquired property, are also suitable. Specific items depend on what requirements are specified in the application. And how the parties strive to get a divorce.
The state fee when filing such applications is paid in the amount of 4 so-called basic units. The fee doubles for repeat divorces. After the process, the amount of the state fee is divided equally between the spouses who took part in the process. This takes into account not only the marriage number of each of them, but also the level of financial situation, the decision regarding the residence of minor children, the degree of guilt and other circumstances. Otherwise, the divorce through the registry office will not be considered completed.
If a claim for divorce is filed, it is filed at the place of residence of the defendant. An exception is situations when minor children live with the plaintiff, or when moving from one place to another is difficult for other valid reasons. There must be appropriate records of this.
Important! A judge in any institution is obliged to give spouses at least three months to try to reconcile. In addition, this time should be enough to find a compromise on issues regarding minor children, or the division of jointly acquired property or financial status.
When can a marriage be dissolved without time for reconciliation?
- Criminal conviction for a term of 3 years or more.
- Recognition as incompetent according to the procedure established at the legislative level.
- Obtaining missing person status, for example, by a common-law husband.
The main thing is to provide as many documents as possible, which become evidence for the specified circumstances. When using a special procedure for divorce, a state fee of 1 basic amount is charged. This issue can be clarified in advance at the registration department.
Additional information about the termination process
When the conciliation period ends, the court has the right to make one of the following decisions:
- Additional period for reconciliation of up to 6 months.
- Refusal to the party who made the application.
- Dissolution of marital relations.
At the same time, divorce does not occur only on the basis that during the three months of the reconciliation period the parties did not come to an agreement. To complete the procedure, it is necessary to accurately and definitively establish that life together and saving the family is impossible. This requires resolving all issues related to relationships:
- Motives.
- The real reasons for divorce.
An additional period for reconciliation is assigned if there is the slightest opportunity to save the family. If there are no grounds for termination, then the plaintiff is also denied.
Under some circumstances, termination itself as an action is not possible. Legislative acts speak about this.
- If the wife is pregnant and she was not asked for written permission.
- Until the child reaches 3 years of age, if the second spouse does not give his consent.
In such circumstances, the court simply refuses if there is no written consent from the second child. And the spouse whose consent is required can submit an application at any time. The court decision, which became valid after the trial, is issued to each of the spouses in the form of a copy.
How to deal with children during divorce
Residence, upbringing and maintenance of children are issues that arise during almost every divorce process. If there is no marriage contract, then the issue is resolved by the parties themselves. They need to agree on all important points. If there is no compromise, the judicial authorities take part in the process.
The number is increasing every year. As of 2019, the number of married couples wishing to officially dissolve their marital relationship is inexorably approaching total number marriage registrations. Until recently, the Republic of Belarus was a state in which it was possible to obtain a divorce only by filing a claim with the judicial authorities by conflicting spouses. This norm was enshrined in the Code on Marriage and Family of this state. After the amendments to the mentioned Code came into force on January 1, 2013, getting a divorce in Belarus has become much easier. From this moment on, Belarusian citizens had the opportunity to dissolve a marriage in two ways: through the courts or through the civil registry office (registry office).
Many people who find themselves on the verge of breaking up a marital relationship often have a question: what documents should be collected in order to start divorce proceedings? The final list of papers required for this may differ significantly in each individual case. It should also be taken into account that the registry office and the judicial authorities will need different lists of documents. Considering that, according to Belarusian legislation, a divorce through the registry office can be obtained by married couples who do not have minor children and no material claims against each other, the list of documents that will be needed in this case will be relatively small. But during a divorce through the courts, the spouses will have to collect a substantial folder of various certificates, certificates and other papers. And the more insoluble contradictions a husband and wife have, the more documents they will need to provide to the court.
Divorce in the registry office in Belarusian: documentation
To register a divorce through the registry office, Belarusian citizens will need the following documents:
- a divorce petition drawn up and signed by both parties;
- passports of both spouses (if one of them does not have a passport, then you can present to the court another document confirming your identity);
- original marriage certificate;
- a receipt confirming that the spouses have paid the state fee for divorce, equal to 4 basic units;
- if one of the spouses is unable, for good reason, to appear at the registry office in person, he must submit to the government agency a notarized document confirming his consent to register the divorce without his presence.
The filing is made by the civil registry office located at the place of registration or at the place of actual residence of one of the divorcing parties. An application for divorce is drawn up by the spouses directly at the registry office on the day the documents are submitted. In it, the parties must indicate that:
- the decision to break off family relations is mutual and voluntary for them;
- they do not have children under 18 years of age;
- they have no disputes regarding the division of jointly acquired material assets.
If the spouse, who changed his surname during marriage registration, expressed a desire to return to the surname that he had before marriage, he must additionally indicate this in the divorce application.
List of papers for ships
In the event that one of the spouses does not give their other half a voluntary agreement to dissolve the marriage relationship, in the presence of minor children or in case of unresolvable property disputes, divorce documents are submitted for consideration to the ministers of Themis. Both the husband and wife together, and only the spouse who initiates the termination of the family relationship can collect and submit to the courts the papers necessary for the divorce process. The party interested in the divorce must submit the collected documents to the court authorities located at the defendant’s place of residence. If it is not possible for the plaintiff to file divorce papers at the place of residence of the spouse, he can take them to the court at his place of residence.
The court will need the following documents to hear the divorce case:
- marriage certificate;
- originals and copies of birth certificates of the couple’s minor children;
- agreement on children (optional, but desirable);
- marriage contract (if concluded);
- a certificate of income from the place of work of the parent who, after the divorce, will pay child support (if issues regarding child support obligations must be resolved during the divorce process);
- an inventory of property acquired jointly over the years of family life (if necessary, its division through the court);
- receipt of payment of the state duty (3 basic units for the first divorce or 5 basic units for the second one).
In order to correctly draw up a statement of claim for divorce, spouses or parties interested in divorce should definitely consult with an experienced lawyer.
A claim for divorce is a serious document, which the courts treat with the utmost care, so its preparation must be taken responsibly. The claim must include the following points:
- information about the place and date of marriage registration;
- the reasons why the spouses’ further life together became impossible;
- whether the wife and husband have common children, their number and age;
- issues that divorcing spouses entrust to the judicial authorities to resolve (determination of the place of residence of joint minor children, collection of alimony payments, division of marital property, etc.).
A children's agreement is an important document during a divorce.
In accordance with Art. 38 of the Code on Marriage and Family of the Republic of Belarus, divorcing spouses have the right to provide the judge conducting their divorce case with a voluntary agreement about children, drawn up by them in simple written form. In the document, they should try to indicate all the points related to their rights and obligations regarding the upbringing and material support their minor offspring. This agreement must contain information about which parent the children will live with after the divorce, the amount and procedure for paying alimony in their favor, the procedure for communication with minors of the parent who will live separately from them, and other issues on which the divorcing the spouses managed to reach an agreement.
The content of the document should not violate the rights and interests of children. If the married couple does not provide such an agreement, the court, based on Art. 39 of the Code on Marriage and Family, all issues relating to the amount of alimony, the place of residence of minors, the procedure for their communication with their parents and other issues are decided independently. At the same time, the court decision should not contradict the family legislation of the Republic of Belarus.
A lawyer will help you determine the final list of documents that may be needed for divorce in Belarus. It is this specialist that spouses should contact before filing for divorce. The lawyer will advise the husband and wife on all issues related to the divorce process, help draw up an agreement on children and other documents that will make the divorce faster and less stressful for both parties.
In the “Advice from a Lawyer” section, we answer your questions related to the field of law and requiring qualified clarification. Tatyana Semeshko, a lawyer at the Minsk Regional Bar Association, managing partner of the law office, will comment and explain the legal aspects.
If you find yourself in a situation that requires consultation with a lawyer, write to us at [email protected](marked “Lawyer”). We will publish your story with Tatyana's comments.
Today we are discussing the nuances of the divorce process.
Mkaurcity.ru
— Good afternoon, I am writing to you because I am unable to see a lawyer due to my low salary. I constantly read your articles, but I still don’t know what to do right.
My name is Evgenia, I live in a small town with two small children, I am married, but I haven’t lived with my husband for a long time, because I’m tired of his cheating. Now I have decided to file for divorce. And I would like to ask you a couple of questions and find out: how to get a divorce correctly? They told me that I would have to go to Minsk for a divorce, since my husband was in at the moment lives in Minsk with another woman. This is true? We have an apartment in our town, and I don’t know whether I need to file for division, since my husband said that he doesn’t need this apartment and I can easily live in it with the children, but I still have concerns. I would like the children to stay with me, and I am not against their communication with their father, do I need to somehow negotiate with my husband about this or do the children, as I heard, always stay with their mother? Also, can I keep my husband’s last name or should I go back to the old one and change all my documents?
Lawyer's comment:
— Divorce is a last resort. However, if your decision to divorce is final, then this issue should be taken responsibly. In this article, we will consider how to resolve the issues raised in your appeal as competently as possible.
1. Which government agency should I contact?
The current legislation of the Republic of Belarus provides for judicial and non-judicial procedures for divorce.
If the spouses have reached a mutual agreement on the need for divorce and they do not have common minor children and a dispute about property, then in this case, in accordance with Article 35−1 of the Code of the Republic of Belarus on Marriage and Family (hereinafter referred to as the Code of the Republic of Belarus) , the marriage can be dissolved by the civil registry authority.
If at least one of the above conditions is not met (i.e. if the spouses have not reached mutual agreement on divorce; or if they have a common minor child; or if there is a dispute between the spouses about property), then in this case, according to Art. 36 Code of Laws of the Republic of Belarus, in order to dissolve a marriage, one of the spouses must go to court.
Additionally, it should be noted that the divorce by the court is carried out in the manner of claim proceedings, i.e. It is necessary to go to court by filing a statement of claim.
As can be seen from your appeal, you have common minor children from your marriage with your spouse. For this reason, you can dissolve the marriage only in judicial procedure.
2. Jurisdiction (i.e. in which court to file the claim)
Article 46 of the Civil Procedure Code of the Republic of Belarus (hereinafter referred to as the Civil Procedure Code of the Republic of Belarus) establishes general rule jurisdiction, according to which the statement of claim must be filed in the court at the place of residence of the defendant.
However, in accordance with paragraph 10 of Article 47 of the Code of Civil Procedure of the Republic of Belarus, a claim for divorce can also be filed at the plaintiff’s place of residence when he has minor children with him.
Therefore, in your case, due to the fact that minor children live with you, you have the right to apply for divorce to the court at your place of residence, and you do not have to go to court in Minsk at the place of residence of your spouse.
3. State duty
According to the tax legislation of the Republic of Belarus, the amount of state duty for filing a claim for divorce is determined by the number of previously registered marriages (it is for this reason that information on the number previous marriages should be reflected in the statement of claim).
When filing a claim in court for the dissolution of your first marriage, you must pay a state fee in the amount of 4 basic units; on the dissolution of a second and each subsequent marriage - in the amount of 8 basic units.
The costs of paying the state fee for filing a statement of claim in court are initially borne by the party that goes to court and thereby initiates the divorce process.
At the same time, as part of a statement of claim for divorce, the plaintiff may raise the issue of collecting the state duty he paid for filing a statement of claim from the defendant and present his arguments in support of this claim. Based on the results of the consideration of the case, the court will resolve this claim and, if it is found to be justified, will recover the specified legal costs from the defendant in favor of the plaintiff in full or in part.
You should also know that tax legislation provides grounds for exemption from paying state duty when going to court. However, your application does not contain enough information to determine whether in your case there are grounds for exemption from paying state duty or not.
Further, the Tax Code of the Republic of Belarus provides for the need to pay a state fee for issuing a copy of the court decision on divorce. In accordance with clause 15 of Appendix 14 to the Tax Code of the Republic of Belarus, the amount of this state duty ranges from 1 to 3 basic units. It is paid by one or both spouses (depending on the decision made by the court) after the court considers the divorce case. However, already at the stage of going to court as part of a statement of claim, the plaintiff has the right to raise the issue of imposing the obligation to pay this state duty in whole or in part on the defendant. This requirement is also resolved by the court based on the results of the consideration of the case; Often the court makes a decision on this issue taking into account the guilt of each spouse in the breakdown of the family.
4. Basis of claim
A marriage between spouses can be dissolved only if the court reliably establishes that the spouses’ further life together and the preservation of the family is impossible.
For this purpose, guided by paragraph 8 of the resolution of the plenum of the Supreme Court of the Republic of Belarus No. 5 of June 22, 2000 “On the practice of application of legislation by courts when considering cases of divorce,” the court clarifies the relationship of the spouses, the reasons for which the question of divorce is raised, the real reasons for the discord between spouses.
Therefore, in the statement of claim for divorce, it is advisable to express your opinion on the above issues and thereby record in writing your position in this part.
5. Issues of raising and maintaining children
In accordance with Art. 39 Code of Laws of the Republic of Belarus, when making a decision on divorce and there is a dispute about the upbringing and maintenance of children, the court determines which parent the children will live with, the procedure for communication with children and participation in their upbringing of a separate parent, the amount of child support, if marital these issues are not regulated by the contract or agreement on children, or if there is no marriage contract and agreement on children.
The statement that children always stay with their mother is incorrect, and today fathers are increasingly raising the question of determining the place of residence of children with their father, as well as transferring children to their father for upbringing. In this regard, in the statement of claim you should state your position on the presence or absence of a dispute about the place of residence of the children, their upbringing and maintenance. If there is no dispute between the spouses on the above issues, then a simple indication of this in the statement of claim is sufficient. If a dispute on these issues exists and it is not possible to resolve it out of court, then as part of the statement of claim, claims should be made against the spouse regarding the place of residence, upbringing, communication and maintenance of common minor children.
6. Division of property
Based on the information provided in the appeal, today your spouse does not apply for the apartment. However, if the apartment was purchased during the marriage with joint funds, then even after the divorce it will remain your joint property and ex-spouse will be able to claim their rights to this apartment at any time. To avoid such a situation, you need to record the current agreement. There are various possibilities for out-of-court formalization of an agreement reached between spouses regarding joint property: during marriage - conclusion marriage contract, after divorce - agreements on the division of jointly acquired property, etc. However, if it is not possible to reach an agreement on the voluntary division of jointly acquired property, then this dispute will need to be resolved in court. It is possible to file a claim for the division of jointly acquired property simultaneously with a claim for divorce or after the marriage is dissolved by a court decision. If the demand for division of jointly acquired property is not filed, the court, on its own initiative, does not have the right to carry out this division. The basic rules for dividing the common joint property of spouses were covered in detail earlier in the articles of this column, so we will not dwell on these issues in detail. Let me remind you that the demand for the division of joint property is a property one and for its consideration it will be necessary to pay a state fee in the amount of 5% of the price of the claim, i.e. in your case - 5% of the cost of ½ share of the disputed apartment.
Additionally, you should pay attention to Part 3 of Art. 41 Code of Laws of the Republic of Belarus, based on the meaning of which, if after the actual termination of family relations and running a common household, the spouses did not acquire property jointly, the court divides only that property that was their common joint property before the termination of the common household.
In other words, from the moment of the actual termination of family relations and the conduct of a common household, the property acquired by spouses is not subject to the regime of common joint ownership. This property will be the personal property of the spouse who acquired it. In this regard, it is important to reflect in the statement of claim the moment (date) of the actual termination of family relations and the maintenance of a common household by the spouses.
7. Last name
According to Art. 43 CoBCS of the Republic of Belarus, a spouse who changed his last name after marriage to another, has the right even after the divorce to bear this last name or, at his request, the court, when making a decision on divorce, or the body registering acts of civil status, when registering the divorce, assigns it to him premarital surname.
In this regard, if for one reason or another you do not want to return your premarital surname, indicate this in the statement of claim and ask the court to retain your spouse’s surname assigned to you when registering your marriage.
My personal advice: Before going to court with a claim for divorce, discuss with your spouse the issues of maintaining and raising children, as well as issues of division of property. If an agreement is reached, register it with a notary by concluding an Agreement on Children and an Agreement on the Division of Jointly Acquired Property. Resolving these issues voluntarily will save time, money and your efforts, which will need to be spent when resolving these issues in court.
How a lawyer can help: Having discussed the current situation in more detail, studied the available documents and received answers to questions left outside the scope of the appeal, the lawyer will recommend the optimal position for you, tell you how and what evidence you need to stock up on to achieve the maximum result in your case. If necessary, he will prepare written documents: requests, petitions, statements, statements of claim, legal substantiation of your position, a draft Agreement on Children, a draft Agreement on the division of jointly acquired property, etc. He will defend your position, will be able to conduct the case in court, and also act as a representative in other instances.
