Divorce state fee. What are the fees to be paid in a divorce?

05.09.2019

In 2019, for a judicial dissolution of a marriage, you will need to pay a minimum of 650 rubles. As a rule, only the applicant makes the payment. The other spouse does not need to make this payment. To obtain a certificate of divorce from the registry office, you will also need to pay a state fee. Since January 1, its size has been increased by 250 rubles and now it is 650 rubles for one copy of the document. That is, each of the spouses will need to pay money separately in order to receive a certificate in their hands.

In some cases, the size of the mandatory payment can be reduced, and sometimes spouses are completely exempted from paying it. At the same time, fees for divorces reach large amounts, for example, if the couple resolves property issues through the courts.

The cheapest and easiest way

Divorce through the registry office can be considered not only as the cheapest, but also as the most convenient and fastest option to end an uncomfortable relationship. But this option is not suitable for all couples. You cannot get a divorce through the registry office if:

there are common minor children (including adopted ones) or the couple is expecting a child;
one of the spouses does not agree to the dissolution of the marriage;
there are property disputes.

The state fee for a divorce through the registry office, which in 2019 is 650 rubles, the couple pays, in fact, for issuing a certificate of divorce. One payment - one original copy of the document confirming that the marriage is dissolved. Thus, if the former spouses need two certificates, each party has a copy, they will have to pay twice. Total for two copies - 1300 rubles.

Sometimes the amount of the mandatory payment is only 200 rubles. How much does a divorce through the registry office cost if:

the plaintiff's husband or wife is declared missing;
earlier it was proved by the court that the second spouse is incapacitated;
the defendant is in prison, and for the crime he committed, he was sentenced to at least three years' imprisonment.

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How much does a divorce cost

The size of the standard state duty, which the couple must pay in the event of an appeal to the court, in 2019 is also 650 rubles. The payment is made by only one party, usually the applicant. With this amount, a person pays for the work of the court, which dissolves the marriage of a couple in which there are minor children, well, or a couple in which one of the spouses does not give his consent to the termination of official relations.

Making this payment does not at all exempt from paying the state duty, which is charged upon receipt of certificates of divorce at the registry office. Thus, during the trial, the applicant will have to pay twice - 650 rubles for the consideration of the case by the court and 650 rubles for the certificate from the registry office. The same 1300 rubles, but for one person. The defendant will have to pay only for obtaining a certificate - 650 rubles.

If there are property issues

The amount of the state fee charged for a divorce followed by a division of property depends on the amount in dispute. If the plaintiff demands his share of the property, the value of which does not exceed 20 thousand, he will need to pay an additional fee at the bank in the amount of four percent of the value of the claim (the minimum payment is 400 rubles). You can independently calculate how much you will need to pay at the bank in other cases, using the following formulas:

If the value of the property of one of the spouses is estimated at more than 20 thousand, but does not exceed 100 thousand rubles, you need to pay a fixed amount of 800 rubles, as well as 3 percent of the value of existing assets. Let's say the dispute involves property worth 60 thousand rubles: you pay 2600 rubles (800 + 1800 (3 percent of 60 thousand)).
If, according to experts, fifty percent of the joint property is worth at least 100, but not more than 200 thousand, you pay a fixed amount of 3,200 rubles to the bank, as well as 2 percent of the amount of claims. Suppose you want to prove in court the right to property that is valued at 150 thousand: you pay 6200 rubles (3200 + 3000 (2 percent of 150 thousand).
If your part of the property is worth more than 200 thousand, but does not exceed a million rubles, you pay a state duty in the amount of 5200 rubles, as well as 1 percent of the amount collected.
If the share of your property is estimated at an amount exceeding 1,000,000 rubles, you already pay 13,200 rubles without fail, as well as 0.5 percent of the amount that you demand when dividing the property. The law provides for a maximum payment of 60 thousand rubles: you should not pay more than this amount, even if the value of your share is tens of millions of rubles.

The amount of the state duty in the division of property, the plaintiff must calculate himself, starting from the amount of claims. Payment must be made before filing a claim, and a payment receipt attached to the claim, among other documents.

How not to make a mistake when making a payment

To pay the state duty, be sure to check with the court the details for cash transactions. Using these data, a payment can be made at any bank, as well as using self-service terminals and Internet banking. True, in some cases, the applicant may be advised to use the services of a particular bank or branch, which already knows all the details of the court and constantly accept payments of this kind.

If you pay for a divorce with the division of property, be sure to indicate in the claim what requirements are involved and how much, so that the court understands how you made the calculation when paying the fee. There is a possibility that the judge may find a discrepancy between the price of the claim and the real value of the property, in which case he has the right to independently determine the amount of claims and, accordingly, amend the calculation of the amount of the state duty. The plaintiff has the right to demand an installment or deferral of payment, as well as to seek a reduction in the amount required, if he is in a difficult financial situation, and the judge must take these circumstances into account. It is also possible to demand the distribution of these costs equally between the plaintiff and the defendant.

When divorcing a spouse, according to the laws of the Russian Federation, it is required that the state duty for divorce be paid in 2016. There are several options for divorce: through the registry office, through the court, with the subsequent division of property. The order and size of the fee in this case differ for each of the cases.

What regulations govern

The divorce procedure is part of family law. The amount of the state fee for divorce, as well as the procedure for this procedure, are regulated by the following documents and regulations:

Family Code of the Russian Federation.
The RF IC determines the grounds for the divorce process and the body to which you can apply with an application for. It also contains the procedure for terminating a marriage and the legal side of the issue. The Family Code is a set of norms that citizens of the Russian Federation and legal professionals must follow when resolving divorce issues.
Civil Code of the Russian Federation.
It contains cases in which it is necessary to apply the norms of civil law. This applies to personal non-property and property relations in the divorce process. In conjunction with the RF IC, the Civil Code regulates the legal capacity of a person, declares a citizen dead or missing. Also, the activities of civil norms include the regulation of the regime of joint property of spouses.
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This law operates in conjunction with the norms provided for in divorce by the Civil and Family Code. determines the law related to acts of civil status, the main one for regulating the procedure for divorce through the registry office. The law refers to the payment of a state fee for the dissolution of a marriage without fail.
Tax Code of the Russian Federation.
The activities of the Tax Code of the Russian Federation in relation to the divorce process are closely linked to the Federal Law regulating acts of civil status. Payment of state duty is carried out according to the requirements of Ch. 25.3 of the Tax Code of the Russian Federation. Its payment is necessary regardless of whether the registry office or the court carries out the divorce of the spouses. The Tax Code also gives the concept of state duty.
Civil Procedure Code.
Describes the procedure for dissolution of marriage through the courts.

The cost of state duty for divorce in 2018

In 2018, there was an increase in the cost of providing a number of public services to citizens of the Russian Federation. The divorce process is no exception.

For divorcing couples, the issue of the cost of the state duty for divorce in 2016 through the registry office, in court and in other situations is relevant.

The following points affect the amount of the fee charged in the event of a divorce:

the body in which the divorce proceedings take place;
affecting tangible assets during a divorce;
the total value of the property and savings acquired by the spouses jointly.

Scheme: divorce through the registry office or through the court?

In case of divorce in the registry office

The divorce procedure through the registry offices is simple and the least expensive in terms of financial costs for both spouses.

Citizens wishing to get a divorce may apply for the provision of services to the registry office subject to the following conditions:

the couple does not have minor children;
no claims from both spouses.

Back in 2015, the cost of the divorce fee was 400 rubles, and from January 1, 2016 to the present, its size is already 650 rubles. Both spouses must pay this amount.

Citizens who are interested in what the state fee for a divorce in 2016 will be interested to learn about the recently considered bill, according to which it could rise to 30 thousand rubles.

According to legislators, such a sum for the divorce process could protect many families from disintegration, since some would prefer to maintain civil relations without exposing themselves to such large costs.

However, the legislation settled on the acceptable cost of divorce proceedings. There are also several cases in which the amount for a divorce is 350 rubles.

This is possible in 3 options:

one of the spouses was declared incompetent;
the court decided to recognize the wife or husband as irretrievably missing;
either spouse is sentenced by a court decision to imprisonment for a term of 3 years or more.

The state fee paid includes obtaining a genuine certificate of divorce. Additional costs are not expected.

If desired, for advice on the procedure for terminating family relations, you can resort to the advice of professional lawyers. Their services usually cost 1000 rubles.

State duty for divorce in 2016 through the court

Divorce in court is carried out in the following cases:

the couple has common or adopted minor children;
one of the spouses refuses to terminate the civil marriage and submit an application;
husband or wife expresses disagreement to appear at the registry office.

The state duty for divorce in 2016 through the court without division of common property is 850 rubles. This amount includes only the filing of a claim.

After the court decides to start the divorce proceedings, you must appear at the registry office and pay another 850 rubles for copies of the divorce certificate.

The total amount of divorce through the court is 2550 rubles. Taking into account the hired lawyers, the cost of dissolution of marriage increases significantly.

After the statement of claim has been filed, the trial is postponed for 1 month. The subpoena comes to both husband and wife.

The following options for further resolution of the issue in court are possible:

Absence of the spouses at the appointed time at the meeting of the judicial body.
In this case, the court closes the case.
Failure to appear in court of a husband or wife.

If one of the spouses fails to appear at the meeting, the reasons for the absence are clarified, and the meeting is postponed for a certain period. If the absent spouse provides the reasons for his/her absence, the date of the next meeting is fixed taking into account these circumstances. If a good reason has not been provided, the judge makes a decision in absentia.

Both spouses come to court.
In this case, the decision on divorce can be made by the judge at the first meeting.

This option is possible when the rights of children are not violated and there are no disputes about the division of property. If the divorced spouses have disagreements, the judicial authority provides a period of 3 months for reconciliation, then issues a verdict.

The divorce fee is paid by the plaintiff. He has the right to pay the second half of the costs - for the spouse, or indicates in the claim that the second half is paid by the defendant. The court may satisfy this requirement.

A number of citizens are exempted from paying state duty - disabled people, veterans of the Second World War, heroes of the USSR and the Russian Federation, as well as Cavaliers of the Order of Glory.

When dividing property

In the event that disputes arise between spouses about the division of jointly acquired material resources, their division takes place in a judicial proceeding. A property claim is filed with the court.

The statement of claim must contain requirements for divorce, division of material resources, real estate and other property.

The state duty is paid separately for each claim. Its size is determined by the price of the claim, which is related to the value of the property. Before filing a claim, it is necessary to assess the value of joint material resources.

The size of the state duty for the division of property in 2016:

The maximum amount of duty is not more than 60 000 rubles.

Where can I get an invoice form

A divorce receipt form can be downloaded from civil registry websites. A sample of filling out a receipt can be obtained from a bank that accepts such payments, for example, Sberbank.

Photo: receipt for payment of state duty for divorce

When filling out the receipt of the state duty for divorce through the court and the registry office, you need to remember that these instances have different details. Details of the judicial authority can be found on the relevant website.

The electronic resources of some courts also have calculators that allow you to calculate the amount of the fee and examples of filling out forms.

The fee for the division of property is paid separately.

It is possible to pay the fee in cash and non-cash, with non-cash, it is important to fill in the details of the recipient of funds correctly.

After paying the fee, submitting documents and completing the divorce process, the spouses receive a certificate of divorce.

According to the law, it contains the following data:

information about former spouses;
surnames in two versions - in marriage and after dissolution;
place of residence of the spouses;
nationality, citizenship of the former husband and wife;
information about the document on the basis of which the divorce proceedings were carried out;
the date of the divorce and the drawing up of the act of divorce;
the name of the authority that carried out the divorce proceedings.

Fill example

The form for paying the state fee in case of divorce must contain:

The name of the beneficiary bank.
TIN and checkpoint.
bank account number.
OKATO code.
Information about the payer, his address.
Passport data of the payer.
SNILS.
The amount of the fee.
Date of payment.

It is necessary to comply with the payment document, which establishes the requirements for such payments.

The receipt form can be filled out by hand.

How to pay

The state duty receipt can be paid in the following ways:

In any bank of the Russian Federation.
In self-service terminals of banks.
Through internet banking. When paying a receipt via the Internet, you need to know that a check must be attached to the statement of claim for divorce, which confirms the fact of payment. Without this document, the application will be considered invalid. You should not pay the state duty on resources that do not issue confirmation of payment.
To the Federal Treasury (in case of divorce in court).
On the website of the State Service.
OKATO, checkpoint and TIN differs for cities and districts.

The validity of the state fee for divorce is 1 month from the date of payment.

The state is concerned about the demographic situation in the country and the number of divorce proceedings, which confirms the increase in the cost of the state duty for divorce proceedings.

Falling on the number of marriages, you can request at the registry office.

Video: State duty for divorce in 2016

How much does the state duty for divorce cost in 2019? What should be taken into account when calculating the state fee for a divorce through the court and the registry office? Where can I get a receipt (details) for payment of divorce? Let's look at examples.

There are two options for the divorce of spouses: in court or through the registry office. Regardless of where the marriage will be dissolved, a state fee must be paid when applying.

State duty on divorce 2019: cost through the court

The first situation: dissolution of marriage in court.

Several options are possible here:

(!) For each claim in the pleading part of the divorce suit, the state fee is calculated separately, and then everything is summed up.

State duty in case of divorce when dividing property

Perhaps the division of property is the most common additional requirement for divorce in court.

The requirement for the division of jointly acquired property is a requirement of a property nature, subject to assessment. Such a requirement is the most “expensive”, if we talk about the size of the state duty.

Upon a request for the division of jointly acquired property, the amount of the state duty is calculated depending on the value of the property and is determined in accordance with paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation.

The amount of state duty will depend on the total value of the property:

over 1,000,000 rubles - 13,200 rubles plus 0.5 percent of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles;

The amount of the state duty for other claims related to divorce

With regard to the state duty on alimony, the Tax Code of the Russian Federation establishes the following rule: “when filing an application for the recovery of alimony - 150 rubles. If the court decides on the recovery of alimony both for the maintenance of the children and for the maintenance of the plaintiff, the amount of the state fee is doubled. But! For this category of cases, plaintiffs are exempt from paying the state fee (Article 333.36 of the Tax Code of the Russian Federation).

Each requirement of a non-property nature (for example, on determining the procedure for communicating with a child) is paid in the amount of 300 rubles.

Attention! Always check the latest changes in the relevant articles of the law.

Understanding with examples

Citizen A. filed a claim for divorce with citizen V., in which she stated two demands: firstly, she asked to dissolve the marriage, and secondly, to share the jointly acquired property: a car worth 190,000 rubles and a carpet worth 20,000 rubles .

So, at the request for divorce, the state fee for divorce, as mentioned above, is 600 rubles.

Then we calculate the amount of the state duty for the division of property according to the following algorithm:

And we get the final amount of the state fee.

Citizen A. filed a statement of claim, in which she stated two demands: for divorce and the recovery of alimony for a minor child.

Here, as in the previous situation, you need to look at the amount of the state fee separately for each requirement:

Citizen A. filed a statement of claim, in which she stated two demands: for divorce and for determining the order of communication with the child.

The total amount of the state fee will consist of the following components:

600 rubles - for the demand for divorce;
300 rubles - for the second non-property claim.

Total: 900 rubles.

The cost of divorce through the registry office: the amount of state duty

The second situation: divorce through the registry office.

In this order, a marriage can be dissolved if at least one of the following conditions is met:

no common minor children and both spouses agree to divorce
one of the spouses is recognized as missing, incompetent by a court decision that has entered into legal force, or sentenced to imprisonment for a term of more than three years by a court verdict that has entered into legal force. It is important that these facts are confirmed by a court decision or verdict!

The amount of the state fee for the dissolution of marriage in the registry offices is clearly fixed by law:
1) upon mutual consent of spouses who do not have common minor children - 650 rubles from each spouse. If there are minor children, the marriage can be dissolved only through the court.
2) At the request of one of the spouses, provided: if the other spouse is declared missing; legally incompetent or sentenced for a crime to imprisonment for a term of more than three years - a state fee is paid in the amount of 350 rubles.

Important: The registry office does not resolve any disputes between spouses regarding property and children!

Receipt for payment of state duty for divorce

Where can I get a receipt? Everything is simple here - either you rewrite the details in the appropriate authority. Usually they hang on a stand near the court office or literally at the entrance to the registry office. The disadvantages are that for this you need to physically go there.

Another option is to look at the website of the court, or on the website of the registry office (also in many cities there are websites of the MFC, where there are all documents for the provision of state and municipal services - there are usually receipts there too).

On the websites of the courts, the details for the receipt are in the Reference Information - State Duty section.

How to pay the divorce fee?

The state fee for the purposes of divorce is paid through any bank, not necessarily Sberbank. True, some commercial banks do not work with payments to the budget (which include state duties) - check this issue with the institution itself.

It is theoretically possible to pay the fee online (for example, through Internet banks), but in practice you will be required to provide original receipts or check orders. Internet bank printouts are usually not suitable for such purposes. Therefore, in most cases, you will have to visit the bank office.

Since 2018, amount 650 rubles. Moreover, the state duty is paid not by one, but by both spouses. This is based on their mutual agreement to file a divorce with the registry office.

The amount of the state duty for divorce is calculated based on the following features:

method of dissolution of marriage: in the registry office or in court;
division of the jointly acquired property of the spouses;
the presence of minor children.

How much is the stamp duty

The procedure for dissolution of marriage is carried out in two ways. The first way is to contact the body registering the marriage - the registry office. The second way involves filing a divorce in court.

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Consider some of the nuances of both options:

Termination of a marriage union through the registry office does not require much effort to collect documents. The whole process usually takes 20-30 days. Divorce through the court is carried out in cases where the spouses have minor children and jointly acquired property. As practice shows, court cases are resolved within 1.5-2 months.
The conditions and form of divorce are regulated by the Family Code of the Russian Federation. So, according to paragraph 1 of Art. 19 of the RF IC, spouses have the right to file a divorce in the registry office in the absence of mutual claims on material and other issues.
Based on paragraph 2 of Art. 19 of the RF IC, a marriage can be dissolved unilaterally.

According to Art. 21-22 of the RF IC, filing a divorce court is appropriate in cases where there are minor children. First of all, the issue of living with one of the parents is decided.
Based on the provisions of Art. 23 of the RF IC, the minimum period for consideration of divorce cases in court is 40 days. If the spouses are in conflict, then the court is obliged to reconcile the parties and only then issue a certificate of divorce.

State duty for divorce through the registry office

Having dealt with the methods of dissolution of marriage, we will determine how much a divorce through the registry office will cost.

So, the state duty is 650 rubles from each of the spouses. Dissolution of marriage is carried out in the absence of mutual claims against each other.

In some cases, the amount of the state fee can be reduced to 200 rubles. The reasons for this approach are the following:

incapacity of one of the spouses;
the absence of a spouse at the place of residence for 6 months (missing) or 5 years (declared dead);
the presence of a spouse in places of deprivation of liberty with a term of serving of 3 years or more.

Upon the occurrence of these conditions, 200 rubles are paid by the spouse who files for divorce unilaterally. After registration of the case, both persons receive certificates of divorce.

State fee for divorce through court

Divorce litigation is based on many factors, ranging from the mutual claims of the spouses, and ending with the property status:

If the divorce takes place without the division of material assets, then the state duty in court will be 650 rubles. In this case, the interested person files a claim for consideration of the case.
The specified amount of the state duty is included in the services of judicial dissolution of marriage. After receiving the judge's decision on divorce, the spouses must visit the registry office in order to obtain a certificate. As mentioned above, the procedure will cost another 650 rubles from each of the spouses.

Thus, it can be seen that the higher the value of the shared property, the higher the amount of the state duty for legal costs.