Application form for divorce at the registry office: sample, attached documents

Application for dissolution of marriage. How to file for divorce

If a couple dissolves their marriage by mutual consent, their divorce must be confirmed by a joint declaration. To do this, use a special form of the established form. An application for divorce is usually submitted at the place of residence of the wife or husband on the specified reception days. The schedule can be found at the registry office; it is usually published on the website of this institution.

If one of the spouses cannot be present due to a valid reason, then he can submit it independently. If the spouse does not have the opportunity to appear at the registry office in person to submit documents for divorce at the registry office, he has the right to submit an application through a representative or send it by mail. But then his signature must be certified by a notary, otherwise the document will not have legal force and will not be considered by the registry office staff. In a situation where he is serving a sentence in a correctional institution, the application is certified by his superior.

The law considers the following to be valid reasons for the absence of a citizen when filing an application for divorce:

serious disease;
serving in the army;
long-term departure due to a business trip;
living in a very inaccessible area, from where it is impossible to get out for a long time;
serving time in prison.

Consent to divorce: sample and drafting features

Important! If both parties are present in person at the registry office or court during the termination of the marriage, documentary evidence of permission to terminate the marriage is not required. This document should be drawn up only if for any reason the husband or wife is unable to attend the hearing.

In order for the application to be recognized by the registry office and the court, the document writer must indicate:

address and name of the authority for which the paper is reassigned;
details of the court case and the name of the judge;
full names of both parties;
description of the circumstances of the lawsuit: who filed, what are the reasons;
position regarding the claim;
a request to consider the claim without the presence of the defendant and satisfy all the plaintiff’s demands;
a list of documents confirming the valid circumstances in connection with which the spouse is absent;
signature and date of drawing up the document.

The document is submitted in one of the following ways:

in person to the office of a government organization;
postal service;
through an official representative who has a notarized power of attorney.

Sample application for consent to divorce

It is possible to download from the following link.

Important! When registering and submitting a permission certificate for the termination of marriage, the applicant does not need to pay any government fees or charges.

Documents for divorce at the registry office

According to Art. 33 of the Law on Civil Status Acts, any application for termination, if a divorce is carried out in the registry office by mutual consent, must contain several mandatory points:

Full name of the spouses;
the address where they live;
information about citizenship is required when a divorce is filed through the registry office;
surnames that the parties chose during the divorce: spouses have the opportunity to return to their surnames that they had before marriage;
details of recording the marriage deed.

All these documents are required for divorce at the registry office. If the application is drawn up in accordance with all the rules, then the employee of the civil registry office, who accepts the Divorce Documents through the Civil Registry Office, gives him a special registration number and records the date of divorce. This is mandatory, otherwise the fact of acceptance of the documents will not be established, and they cannot be used for divorce.

We will help you quickly file a divorce through the registry office!

Without your presence!

How to file a divorce through the registry office?

You can dissolve a marriage in the registry office:

with the mutual consent of husband and wife;
if the couple does not have children under age; The procedure for divorce through the registry office without children is quite simple.

If one of the parties has young children who were not adopted by the other party, the marriage can also be easily dissolved at the registry office.

If one of the spouses actively expresses his clear disagreement regarding the divorce and does not appear at the registry office on time, then the marriage will have to be dissolved in court. In this case, divorce through the registry office is impossible.

If the divorce was carried out on the basis of a court decision, then its state registration still takes place in the registry office. To do this, you must provide documents for divorce to the registry office - an extract from the court decision and an application. That's all you need for a divorce in the registry office.

The procedure is carried out on the specified appointment days. In this case, the documents for divorce through the registry office also include an application, which is written on a form specially designed and established by law. In this case, only one of the spouses or his guardian can submit an application, that is, without the presence of the other party (by proxy on behalf of the spouse). This simplifies divorce through the registry office if the decision to divorce was previously made by the court.

Form of claim for divorce

The statement of claim is drawn up according to the rules of Art. 131 Code of Civil Procedure of the Russian Federation. The provisions of the Code of Civil Procedure of the Russian Federation reflect the content and form of the claim. The document must be submitted strictly in writing, on white A4 sheets. This paper format is required for simplified systematization of documentation in court archives.

If the plaintiff does not have writing skills due to illiteracy or ignorance of the Russian language, then his representative must handle the complete paperwork. A representative has the right to sign only if he has the appropriate authority; his authority is confirmed by a power of attorney.

Attention! If a representative is involved, the party on whose side he speaks has the right to shift all obligations to appear and defend interests to the representative in full. In this case, the plaintiff or defendant does not need to attend the trial or contact the other party.

Divorce procedure: divorce in the registry office by mutual consent

How to file a divorce through the registry office? The procedure for dissolving a marriage at the registry office is very simple. But it is possible only if the spouses have no disagreements or minor children.

Then only divorce in court is possible. And in order to carry out a divorce at the registry office, you need to find out the reception days at the nearest civil registry office, which is located at your place of residence, and submit your application. Alternatively, this can be done using the official electronic system. In Russia, any person has the right to file a divorce at the registry office, the documents and cost for which are published on the official websites of the civil registration authorities, but only if it is a divorce without children and property through the registry office.

Divorce in the registry office by mutual consent takes place quite quickly and does not require any additional documents.

How to write a consent to divorce

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In a situation where the family has made a mutual decision to divorce, but one of the spouses for some reason cannot attend the registry office or court hearing, an appropriate document will be required. To complete it you will need a sample. At the end of this article you can see or consent to the procedure for dissolving a family union. The sample is necessary in order to avoid mistakes when preparing such an important paper. After all, if it is written incorrectly, it will accordingly not be accepted. And this, in turn, can increase the duration of the divorce. Therefore, you should not try to save time, it is better to immediately apply and familiarize yourself with it. Data that should be written in the document:

name of the body to which the written consent will be submitted;
f. And. O. the spouse who fills it out;
certification of consent to divorce;
f. And. O. second spouse;
write that there are no claims against the applicant;
put the date of writing the document and sign.

Below you can fill out and print, and then enter all the necessary information into it, being sure to pay attention to the sample in order to avoid mistakes. Only a notarized application will be accepted. After the paper is certified by a notary, the document acquires full legal force.

Divorce procedure through the registry office without children

Registration of a divorce through the registry office occurs if the documents required for divorce in the registry office are available. The procedure for divorce through the registry office without children, the procedure for dissolution of marriage, provides for the parties to provide the documents necessary to carry out the procedure.

First of all, spouses submit an application for divorce and other documents for divorce to the registry office. The form for this application was approved by Decree of the Government of the Russian Federation of October 31, 1998 N 1274. It must be filled out when a divorce is carried out through the registry office.

In addition, the parties, in order to complete the divorce through the registry office, submit documents for divorce to the registry office:

passport;
Marriage certificate;
certificate of payment of state duty;
court decisions concerning husband or wife.

This is how a divorce without children and property takes place through the registry office.

Unilateral divorce in the registry office

An application for divorce through the registry office can easily be submitted unilaterally. Divorce through the registry office without the presence of a spouse is possible in several cases established by law:

if the second spouse was declared missing in court;
if he was declared incompetent;
if he was sentenced to more than 3 years and is in prison.

In this case, the party filing a unilateral application to register the divorce in the registry office must provide the registry office employees with documents confirming that the other party has been declared incompetent, etc.

In turn, civil registry office employees filing a divorce at the registry office are required to notify the spouse or his guardian about the filing of the application, only if he has not gone missing.

Divorce through the registry office without the presence of a spouse

How to file a divorce through the registry office if the second spouse is missing? It is possible to recognize that a person is missing only through the courts. The grounds for this are contained in the Family Code of the Russian Federation. A person may be declared missing if there is no information about his whereabouts for a year. In this case, the interested person can submit a corresponding application to the court.

If, after some time, the place of residence of the person is discovered, then the court cancels its decision and returns to him all his rights, including property. In a situation where the divorce was carried out unilaterally, for example, a divorce through the registry office, the newly appeared spouse can cancel it. This is possible if the second spouse is not at that moment in a new marriage (Article 26 of the RF IC).

Divorce through the registry office: cost

It is possible to file a divorce in the registry office, the documents and the cost of which are clearly specified in the legislation, if you pay the state fee provided for divorce in the registry office.

The process of divorce is possible only if the state fee for divorce is paid through the registry office. In general, the amount of the state fee depends on whether the divorce takes place in court or in the registry office. For example, if a divorce is carried out in court, then the division of property and savings of the spouses is taken into account.

The fee for divorce at the civil registry office in 2021 by mutual consent of husband and wife is 650 rubles for each party. If the entire divorce procedure takes place unilaterally, and the application is submitted without the presence of the other party, then the state fee for divorce through the registry office is 350 rubles.

In order for the fee to be paid correctly, it is necessary to clarify its amount and obtain bank details from the registry office. The fact is that these details change often, so you can easily make a mistake. When the fee is paid, you must provide a receipt containing the following information:

FULL NAME;
passport data;
TIN;
SNILS;
name of the registry office;
bank details of the civil registry office;
amount of duty;
date;
signature.

Administrative case on termination of marriage

In order to understand what norms of law are used for divorce, whether the Civil Code is used or only Russian family law is applicable, you need to understand the very principle of termination of a marriage. According to the legislation of the Russian Federation, divorce can occur both in the territorial body of the Civil Registry (then this is an administrative matter) and in the courts, with or without division of property, with a voluntary agreement or a court decision regarding minor children. In these matters, civil law applies.

A married couple can apply for a divorce in the civil registry office to which the registered address of one or both spouses belongs, or where the marriage was registered, if both spouses agree to terminate the family union and have no minor children or common property. To do this, both parties must draw up a single application, attach to it copies of their documents, a marriage registration certificate and pay 650 rubles as a state fee. A month after submitting the application, citizens will be able to become owners of a document that frees them from family ties.

Citizens can also demand administrative termination of a marriage in the Civil Registry Department unilaterally.

This possibility exists in Russia only in a number of exceptional cases:

If one of the spouses was imprisoned for more than 3 years.
The citizen is listed among the missing, which is confirmed by the official court decision.
One of the spouses is insane due to his mental state.

Divorce certificate

After the divorce, both parties receive a corresponding certificate on the specified reception days, that is, a document confirming the official dissolution of the marriage. Each spouse must receive the original of this document confirming the divorce from the registry office. If one of them cannot be present when the document is issued, then it cannot be issued to a third party, even if he has a power of attorney. The divorce certificate, when a divorce occurs through the registry office, must contain the following data:

Full name of the spouses;

details of their passports;
the date of termination of the marriage and registration of this;
information about the place of registration;
date of issue of the document.

Deadlines for the divorce procedure through the registry office

The legislation gives 1 month to both spouses after filing an application for divorce and documents for divorce at the registry office (everything that is needed for a divorce at the registry office) for them to change their minds and be able to withdraw it (Article 19 of the RF IC). If the period for divorce at the registry office has expired, and no one has collected the application, state registration of the divorce occurs.

If this period expires on holidays or weekends, the expiration date is postponed to the next business day. The parties must receive a divorce certificate. In addition, a corresponding note is made in the passports of the former spouses that the divorce has been completed through the registry office.

If within a month the spouses change their minds about getting a divorce and decide to cancel their application, they need to appear at the registry office. In case of failure to appear, the marriage will not be dissolved.

Divorce in the registry office is quite simple. To do this, you just need to prepare documents for divorce at the registry office, draw up an application, pay the state fee and submit all documents, as well as get acquainted with the information on how to file a divorce through the registry office.

The main thing is that there are no obstacles to this, for example, minor children. In Russia, only a divorce procedure through the registry office without children is possible.

It is also possible to file a divorce without the presence of the second spouse, if there are all legal grounds for this.

Author of the article

Features of the procedure for divorce through the registry office

Applying through an administrative procedure is the most accessible way to file a divorce - dissolution of marriage by mutual consent of the spouses. Art. 19 of the RF IC establishes the following requirements for applicants:

actions by mutual consent;
conversion is possible only in the absence of common children;
one of them did not adopt the other's children.

The completed application form for divorce by mutual consent of the spouses must contain the signatures of both spouses.