Obtaining a marriage certificate before and after divorce

Reasons for withdrawing a marriage certificate

Does a marriage certificate remain after a divorce? This document is necessary to confirm the fact of registration of the marriage union. Therefore, after its termination, it loses relevance.

The law provides two options for divorce:

• contacting the regional registry office;
• appeal to the court at the place of residence of the husband or wife.

When registering a marriage, the union is considered concluded for an indefinite period, that is, until the end of the lives of the parties. Its termination is of a declarative nature.

The place of consideration of the document varies depending on the circumstances:

• presence of minor natural or adopted children;
• incapacity of one of the parties;
• recognition of a husband or wife as missing;
• imprisonment of one of the spouses for a term of 3 or more years;
• existence of property disputes;
• the presence of family disputes (establishing or challenging paternity, collecting alimony for a husband or wife).

When applying to a government agency for a divorce, you must pay a fee. When getting a divorce at the registry office, the cost of the fee includes the price of the certificate.

Important! If the dissolution of the marital union goes through the court, then the divorce proceedings and the divorce certificate are paid separately.

How to confirm that there was a marriage

Is the divorce certificate taken from the registry office?

Since the need for the document disappears, the question arises: upon divorce, is the marriage certificate confiscated? No.

The law provides for the need to provide an original document when filing an application for divorce. Without its presentation, a specialist from the district registry office will refuse to accept documents.

If the parties have lost the form, they must retrieve it by obtaining a recertification. To do this, you must submit an application for the issuance of a document and pay a state fee for loss. In 2021 it is 350 rubles.

The fee can be paid in the following ways:

• through a bank branch;
• through the terminal of the regional registry office (if available);
• via online banking;
• through the federal electronic service State Services;
• through the municipal service State Services.

Despite the fact that you can order the document via the Internet, you must receive it in person at any civil registry office selected when filling out the application.

The certificate is collected by a specialist when filing an application for divorce. On the day of official registration of the divorce, it must be returned. Traditionally, the marriage certificate is given to the husband for safekeeping. A divorce stamp is affixed to the document. Similar information is included in the civil passports of spouses.

Divorce is not a free procedure. Each party will pay 600 rubles. If a citizen initiates a divorce unilaterally, then he must pay 300 rubles.

Marriage certificate

Upon divorce in court

Sometimes it is very difficult to do without a trial; in most cases this applies to situations where a couple has small children and there is a conflict of interest regarding the upbringing of children or the division of acquired property. In this situation, as a rule, one of the spouses is the applicant, and the other is the defendant, but the order in which the application is filed is not taken into account in the sentencing. Evidence and facts are considered that one of the spouses will provide as a reason to break off the marriage.

If the court decides to dissolve the marriage, then the certificate is taken away, as in the previous case, and a court decision is issued instead. If the couple was denied divorce proceedings, the marriage certificate is returned to them.

The procedure for ending a marriage through court

The main reasons for the dissolution of the union of spouses through the courts are the lack of mutual agreement and the presence of common minor children. The issue can be resolved:

• through the magistrate's court;
• through the district court.

The court's determination depends on additional circumstances. The initiator may demand the settlement of controversial issues:

• on material support for the spouse;
• on the division of property of the parties acquired during the marriage;
• establishing or challenging paternity.

If the application contains not only a request for divorce, but also the listed issues, then the proceedings will take place in the district court. The remaining applications are considered by the magistrate court.

The duration of the procedure directly depends on the judicial order. The magistrate court will issue an order within 10 days, the district court will issue a decision only after all issues have been resolved. Thus, the divorce can drag on for up to 1 year.

Important! When filing an application for divorce in court, it is advisable to divide the demands into different applications. Submit a request for divorce and alimony to the Magistrates' Court. And controversial issues should be sent to the district.

Related Documentation

The following papers must be submitted to administrative/judicial authorities:

• Marriage certificate, which is later taken away;
• Identification;
• A receipt confirming payment of the state duty in the amount of 650 rubles - for administrative proceedings and 600 rubles for judicial proceedings. The fee is paid by spouses separately.

The marriage union is considered invalid one month from the date of making an entry in the registry office registration book.
At the end of the term, you can go to the registry office and confirm the decision to terminate the relationship. After this, the employees stamp the divorce in the passport and take away the marriage document. The appropriate confirmation of the divorce process can then be obtained. If there is no marriage contract and difficulties arise regarding the division of joint property, then to terminate the relationship you will have to go to court. The legal process is more complicated and advisable if there are minor children/one spouse does not agree to divorce. The hearing of the case is scheduled one month from the date of receipt of the application. After the trial, you can appeal the court decision within 10 days. Important: if a child born in marriage is under one year old, the divorce will require the consent of the mother. An exception is possible if, by a court decision, she is declared missing, incompetent, or sentenced to a long term (over 3 years). In such cases, the state duty is charged in the amount of 350 rubles, deducted from the process initiator. To obtain confirmation of divorce you will need:

1. Court statement.
2. Identification.

After the trial, three days later, the extract is sent to the registry office. It is necessary to present a court order regarding the entry into force of the decision. After paying the state fee, using the details issued by the registry office employees, you can obtain a certificate of termination by putting a stamp in your passport. The document contains information about the reasons for the breakdown of the relationship, the date of dissolution of the union/issuance of the document and the number of the entry in the register of divorce.

If the document is lost, the divorce confirmation can be restored at the local registry office.

Subtleties of the process when contacting registration authorities

It is believed that after a divorce, the marriage certificate is taken away. This is not true. In order to clarify this issue, it is necessary to refer to Federal Law No. 143 of 1997. clause 4 art. 33 directly indicates the obligation of specialists from the district registry office to return the original document to the applicant. It is given to the man, and the divorce certificate is given to the ex-wife.

Let's consider the procedure for contacting the registration authorities for divorce:

• joint appeal of the parties;
• registration of form No. 8 (filled out jointly by the parties);
• payment of duty;
• providing documents to a specialist from the regional civil registry office;
• setting a date for the procedure;
• a visit to the department by applicants jointly or by one of the parties;
• receiving documents and stamping a civil passport;
• the other party may contact you at another time.

If on the appointed day neither party appears at the regional registry office, then the application is considered cancelled. Duty paid is non-refundable.

Is the divorce certificate taken away in court?

Is a marriage certificate still available after a divorce? This document is one of the main ones when registering the dissolution of a union. In the absence of the original, the parties can provide an extract from the district registry office. Producing a certificate will cost less than a duplicate.

The initiator of divorce must explain the reasons for the absence of the original in the statement of claim. For example, loss or loss.

As a last resort, the applicant may ask the court to request the missing document. However, the court will not always cooperate. The reasons for the absence of a document must be truly compelling. For example, theft. This fact will have to be documented. The claim must be accompanied by information from the police department about the acceptance of the application.

If you have the original, it does not need to be submitted to court. If you attach the original to the statement of claim, it will be added to the case materials. The secretary cannot return it.

To return the original, you must submit a petition. The document will be reviewed and the original returned within 30 days.

Attention! In this regard, it is advisable to attach a copy of the certificate to the claim. Notarization of the copy is not required. The citizen puts his signature, surname and the inscription: “Copy” on the form. If during the proceedings doubts arise about its authenticity, the court will ask to provide the original for comparison.

Seizure procedure

How can I get a copy of my marriage certificate after a divorce? This option is officially impossible. A citizen can apply for an extract of the union. The document has the force of the original.

The procedure for confiscating a certificate from owners:

• the initiator submits the document to the registry office;
• it is accompanied by an application for divorce through the registry office, a court decision on the dissolution of the union or a court order;
• the applicant pays the fee and provides a receipt;
• a specialist from the district registry office accepts documents;
• a divorce stamp is affixed to the certificate;
• documents are returned to the applicant;
• a divorce certificate is prepared and issued;
• passports are stamped.

These actions do not necessarily have to be carried out jointly by the parties. Former spouses can contact the district registry office at a convenient time. The fee is paid by each citizen separately.

Why do you need a marriage certificate after divorce?

Let's consider whether a marriage certificate is taken away during a divorce or not. The document is returned to one of the parties.

The law provides for a number of cases when the parties will have to submit a document that has become invalid:

• to confirm the fact of a last name change;
• when registering an inheritance, if one of the parties died before the property was divided;
• when applying for benefits, social subsidies and compensation.

Since this information may be required by each of the parties, the law provides for the transfer of one document on marriage with a divorce stamp to the ex-husband, and another (on divorce) to the ex-wife.

The former spouse has no right to the property of the deceased spouse. However, if the parties did not have time to allocate shares in the joint property of the parties, difficulties may arise in determining the inheritance mass. To prevent the ex-spouse from losing property, it is necessary to provide information about the divorce and a marriage certificate to the notary who is handling the inheritance case.

Why is a marriage certificate taken away?

According to Article 33 of the Federal Law, in order to divorce, in addition to the application and payment of the state fee, it is necessary to provide a complete list of documents, where the original marriage certificate is in second place and is mandatory. Otherwise, your application will be denied. A marriage document is needed to carry out a number of registration steps. Sometimes, if an application for divorce is submitted to the same body where the marriage took place, employees may not ask for the original document, but based on its series and number, find the corresponding act record in the archive, which will confirm the legality of this action. But this happens extremely rarely. Most often, the original certificate is supported by the divorce application.

According to Federal Law No. 125 “On Archiving in the Russian Federation,” the original marriage certificate must be seized from the spouses upon divorce and transferred to the archive, with its subsequent storage for up to 75 years.

Such measures are completely justified, since after a divorce the family no longer exists, and another document takes its place - a certificate of divorce. At the place of request, it is now necessary to present a new document confirming the divorce, which will certify that the spouses no longer have common family and property rights. Since they no longer belong to a single unit of society, they take away one marriage certificate for two and give two original divorce certificates.

If there is no marriage certificate, what should I do?

Is the marriage certificate taken away during a divorce? No. The absence of the original will not be a reason for refusing to dissolve the union if the parties submitted an application to the district registry office in which the official union was registered. In other situations, you will have to issue a duplicate or an extract.

If a document is needed by one of the parties after the dissolution of the union, then obtaining a duplicate is impossible. A citizen has the right to request only an extract.

The law does not provide for the forced confiscation of the original marriage document from the spouses. A specialist from the district registry office stamps it with information about the date of divorce and returns it to the applicant. At the initiative of the plaintiff, the document may be attached to the case materials when considering the issue of divorce in court. However, to register information, it is advisable to request the document back.

Do you need a marriage certificate for divorce?

The certificate is presented at the ceremonial wedding in the registry office, from that moment on it is the main identification of the family. It confirms the voluntary entry into a relationship between two people. The document received at the registry office will be presented by the couple to various authorities upon request throughout the spouses’ cohabitation. For example, its presence is mandatory for registration of notarial, testamentary and other procedures.

During the existence of the family, this document is in the hands of the spouses, in one copy. In case of divorce, the marriage certificate must be attached to the application. In the list of documents required to sever the official relationship between spouses, the marriage certificate comes first. Without it, the application will not be considered.

In legal practice, there are cases when evidence is missing because it:

• was lost in the course of married life;
• was destroyed during a fire, flood or other disaster;
• was stolen.

Sometimes one of the spouses may simply not give it, because they do not want to get a divorce, because they are sure that without this document the divorce will not take place.

In all the above-mentioned situations, the initiator of the divorce only needs to contact the registry office with the appropriate application, confirm his identity and pay the state tax. Then, over a certain period of time, he will be given a copy of the document, which is equivalent to the original.