The marriage ends if

Documents on the termination of a previous marriage

Since marital relations can be terminated for various reasons, such termination can be confirmed by various documents. The main reason for ending a marriage is divorce. As you know, family law allows for two ways of separation - by applying to the registry office or by going to court.

Omitting details, we note that the result of the termination of a marriage should be state registration of this event. And based on its results, a divorce certificate is issued in accordance with the order established by Order of the Ministry of Justice of the Russian Federation dated June 30, 2017 No. 116.

The second reason for the end of a relationship, according to , is the death of one of the spouses or the establishment of his death through the court. Death, as is known, is also subject to state registration, based on the results of which a certificate is issued. such a certificate was established by order of the Ministry of Justice of the Russian Federation dated June 30, 2017 No. 116, and it is this that will confirm the fact of termination of the marital relationship.

Find out the divorce certificate number

We will send the material to you by email: By clicking on the button, you consent to the processing of your personal data and sending letters. Read more Sometimes spouses, due to a variety of objective and subjective reasons, decide to end the marriage relationship and get a divorce. For some married couples, this is a mutual decision, for others, one of the parties comes to this conclusion. The entire range of issues relating to marriage relations in Russia is regulated by articles of the Family and Civil Procedure Codes, a number of federal laws and regulations. How to find out the date of divorce?

Russia[ edit edit code ] Marriage certificate in Russia A marriage certificate is the only legally binding document on marriage registration. Issued to certify the fact of state registration of a civil status act, signed by the head of the civil registry office and sealed with his seal [5].

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When does a union dissolved in the registry office end?

Severing relations through registration authorities (registry offices) is not always possible. According to , this is only possible when the couple is childless or the children are already adults, and the husband and wife mutually agree to divorce. Then the state registration of divorce is carried out on the basis of their mutual application. Moreover, the law allows a break through the registry office and unilaterally, but only in cases where:

the husband or wife has been declared incompetent by the court;
one of the spouses was sentenced to a term exceeding three years.

In the presence of such circumstances, a break in the relationship is possible upon the application of one of the couple, even if they are raising small children. In force, you must contact the registration authority where the marriage took place, or the registry office at the place of residence of one or both spouses.

If a marriage is dissolved by the civil registry office, it is terminated from the date of state registration of this fact.

But such registration does not occur at once: clause 4, clause 3 of the law determines that, regardless of what petition was filed, the registrar has the right to carry out state registration of the divorce only after a month has passed after registration of the application, and only if there is a presence one of a couple.

Conclusion: a marriage dissolved in the registry office is considered dissolved only a month after the spouses or one of them submits an application.

When is a marriage considered dissolved?

And if the marriage was concluded through a wedding ceremony, it could be dissolved and terminated only after making a sacrifice to Jupiter, and priests had to be invited to the ceremony itself. Boris Nikolaev, Candidate of Historical Sciences Differences between ending a marriage and dissolution Divorce is the result of an expression of will.

This is possible with the consent of one or both parties. The end of a marriage is a situation that does not always depend on the will of people. For example, in the event of the death of one of the spouses, the other has to put up with the termination, because it is impossible to be in union with a person who is no longer there.

But divorce is one of the grounds, therefore these concepts are interconnected; divorce is a special case of the end of a marriage.

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When does dissolution occur during a divorce through court?

Now let’s figure out when a marriage is considered dissolved by a court decision. The need to sever relations through the court, according to, arises in cases where:

spouses have minor children, even if the husband and wife have mutual consent to divorce;
one of the spouses does not want to get a divorce;
there is an opportunity to get a divorce from the registration authorities, but the husband or wife avoids filing a mutual application, although he has no specific objections to this matter.

Such a separation is carried out by filing a claim in court by one of the spouses. At the same time, the moment of termination of a marriage upon its dissolution in court differs from the administrative procedures described above: the differences concern both the moment itself and the length of time that will pass before it:

firstly, only the period for consideration of the case by the magistrate, if there is no dispute about children between the husband and wife, according to the Civil Procedure Code of the Russian Federation, will take 1 month;
secondly, if, when considering the case, the husband or wife do not agree to a mutual separation, guided by paragraph 2, the judge may extend the consideration of the issue in order to reconcile the divorcing people, postponing the process for a maximum of 3 months;
thirdly, the presence of a solution does not yet indicate a break in relations; According to , the defendant is given a month to appeal.

At the same time, according to , when a marriage is dissolved in court, the moment of termination of the marriage is considered the date the final decision acquires legal force. Thus, this date is considered the moment of expiration of time for an appeal, if one has not followed, or consideration of the decision of the appeal, if the final decision has not been cancelled. Thus, procedural deadlines alone can drag on for 5 months.

The court decision in this case will also be sent to the registrar for state registration of the divorce, however, the immediate date of termination of the marital relationship will be the date after which the court decision is considered to have entered into force, that is, a month after it is made.

End of marriage

Concept and grounds for termination of marriage

Termination of marriage is the termination of marital relations due to the occurrence of legal facts provided for by law.

The grounds for termination of marriage are:

death of one of the spouses;
declaring one of the spouses dead;
divorce at the request of one or both spouses;
divorce at the request of the guardian of the spouse recognized by the court as incompetent;
invalidation of marriage.

In the event of the death of a spouse or his declaration as deceased, the marriage is considered terminated from the moment the death of the spouse is registered or the court decision on declaring the citizen deceased enters into legal force. Special registration of termination of marriage on these grounds is not required.

Since declaring a citizen dead is based on the presumption of his death, the appearance of such a person is possible. In this case, in accordance with paragraph 1 of Art. 26 of the RF IC, a marriage can be restored upon a joint application of both spouses if there is a court decision canceling the decision to declare the citizen dead.

The marriage cannot be restored if the other spouse enters into a new marriage (Clause 2 of Article 26 of the RF IC).

Procedure for divorce

During the lifetime of the spouses, the marriage can be terminated by its dissolution. Divorce is a legal act that terminates for the future the rights and obligations between spouses, with exceptions provided by law.

The Family Code of the Russian Federation, as previously in force, provides for two procedures for divorce: judicially - in the courts of general jurisdiction and administratively - in the registry office. In this case, state registration of divorce is carried out only in the civil registry office.

Divorce in the civil registry office

In accordance with paragraph 1 of Art. 19 of the RF IC, a marriage is dissolved by the registry office if the spouses do not have common minor children and both spouses agree to divorce. Mutual consent to divorce must be expressed in writing in a joint application of the spouses or in two separate ones. The signature of a spouse who does not appear at the registry office to submit an application must be notarized.

Regardless of the presence of common minor children, the registry office also dissolves a marriage between spouses, one of whom is recognized as missing, incompetent, or sentenced for committing a crime to imprisonment for a term of more than three years (Clause 2 of Article 19 of the RF IC). Divorce in these cases is carried out at the request of one of the spouses. The consent of an incapacitated spouse or a spouse sentenced to imprisonment for a term of at least three years has no legal significance. The consent of a spouse recognized as missing cannot be obtained due to his absence. In addition to the application for divorce, the registry office must be presented with a court decision recognizing the second spouse as missing or incompetent, or a court sentence that has entered into legal force condemning the other spouse to imprisonment for a term of over three years.

State registration of divorce in the registry office at the request of one of the spouses is carried out in his presence after a month from the date of filing the application.

Despite the divorce in the registry office, in all of the above cases, disputes about the division of the spouses’ common property, the payment of funds for the maintenance of a disabled spouse in need, as well as disputes about children are considered by the court (Article 20 of the RF IC).

When does a marriage end upon the death of a spouse?

Death is a fundamentally different law-terminating factor. Let us recall that the death and declaration of a husband or wife as dead by a court decision, according to paragraph 1, is defined as a special reason for terminating a marriage.

The fact of the death or declaration of death of a spouse is not considered as a reason for divorce - the marital union ends on its own due to the death or recognition of the death of a spouse, that is, state registration of the termination of the marital relationship is not required.

However, as we have already said, according to No. 143 dated November 15, 1997, the death itself is subject to state registration. Moreover, the establishment of the fact of death, by virtue, can be carried out in court. The law allows this if there is no information at the person’s permanent address about his location for at least 5 years. The final court decision on this matter is also sent to the registration authorities for state registration of death.

Unlike the dissolution of a marriage, the date of termination of marital relations upon death is not directly specified in the law. Then it is necessary to proceed from the provisions and apply the analogy of the law. Thus, by the time the marital relationship ends as a result of death, we can apply, which means that:

in the event of the death of a husband or wife, the marital relationship is terminated from the date of state registration of death;
If the fact of death is recognized through the court, the marital relationship ends a month after the decision is made, when it becomes valid.

When does a marriage end in case of missing person?

Next, we will figure out from what moment the marriage is considered dissolved if the spouse goes missing. Thus, a citizen can be recognized as missing in court if, within 12 months from the date of his disappearance, there is no information about his whereabouts at his place of permanent residence. Any interested person, including a husband or wife, can submit an application.

However, even having received the appropriate decision, the marriage union still remains in force - missingness in itself does not terminate the relationship between husband and wife, as does, for example, death. At the same time, such a judicial act, by virtue of clause 2, allows the dissolution of a marriage union by a unilateral decision of the husband or wife through the registration authorities. Thus, the date of termination of relations with a missing person, according to the RF IC, will be the date of state registration of the break in relations, which will occur one month after contacting the registry office, as stated above.

Grounds for ending a marriage

1. A marriage ends due to death or due to a court declaring one of the spouses dead.
2. A marriage can be terminated by dissolution at the request of one or both spouses, as well as at the request of the guardian of the spouse recognized by the court as incompetent.
1. The commented article contains an exhaustive list of grounds for termination of marriage.

First, a marriage ends if one of the spouses dies.

Secondly, if he is declared dead.

Thirdly, if the marriage between the spouses is dissolved.

In the first case, the termination of the marriage is confirmed by a death certificate, in the second - by a court decision that has entered into legal force declaring a person dead (or also by a death certificate, which is issued by the registry office on the basis of the specified court decision), in the third - by a certificate of divorce.

Thus, in the event of the death of one of the spouses (or declaring him dead), there is no need to formalize the termination of the marriage with any special document - the marriage is considered terminated either from the moment of death or from the date of entry into force of the specified judicial act.

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If a person who went missing under circumstances that threatened his life (giving reason to assume his death from an accident) is declared dead, the court may recognize the date of his presumed death as the day of death. Then this particular day is indicated in the court decision (Article 45 of the Civil Code).

2. Based on Art. 45 of the Civil Code, a person can be declared dead when at his place of residence there is no information about his whereabouts for five years, and if he went missing under circumstances that threatened death or suggest his death from an accident - within six months from the moment such circumstances occur. A serviceman or other citizen who goes missing in connection with military actions can be declared dead only after two years have passed from the date of the end of these actions.

If a citizen, also in court, is recognized as missing, the marriage with him can only be terminated by dissolution through the registry office. However, situations are possible when a person declared dead is actually alive, and the one whom the court declared missing has returned. In such a case, what will happen to the terminated (divorced) marriage? These situations are regulated by law as follows.

The appearance of a person recognized as missing or declared dead entails the cancellation of the relevant court acts by a new court decision (Article 44.46 of the Civil Code). If the latter cancels the decision by which the citizen was declared dead, then the registry office will cancel the record of his death.

Within the meaning of Art. 26 of the Family Code, the appearance of a citizen and, accordingly, the cancellation of the decision on his unknown absence or death does not automatically restore the terminated marriage. To do this you need:

• joint application of the spouses;
• absence of another marriage.

It follows that the appearance of a spouse recognized as missing (declared dead) does not cast doubt on the validity of the marriage, which was concluded after the relevant court decisions were made. In other words, if by the time the person appears, his spouse is in a new marriage, restoration of the previous marriage is excluded.

3. On divorce in the registry office, see comment. to Art. 19, and in court - see comment. to Art. 21-23; see also Resolution No. 15 of November 5, 1998.