How to get a divorce in Belarus. Divorce in Belarusian or an easy way out of a difficult situation

20.06.2019

The divorce procedure in Belarus is regulated by the Code of the Republic of Belarus on marriage and family

Divorce in Belarus is an institution of the branch of 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 relating to the process and conditions for the dissolution of a marriage, the amount of the state fee are contained in the Tax Code (TC) and the Civil Procedure Code (CPC).

But the main legal act regulating the termination of marital relations is currently the Code of the Republic of Belarus on Marriage and Family, adopted by the Law of the Republic of Belarus dated July 9, 1999 No. 278-З. The current version of this Code is dated December 12, 2013.

Features and procedure for divorce in Belarus

Chapter 6 of the Marriage and Family Code establishes the conditions for the termination of marriage. It is worth noting that, unlike most of the countries that are members of the CIS, in Belarus for a long time there was no opportunity to terminate the marriage union 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 in the presence of which citizens who wish to dissolve a marriage can do this administratively. Firstly, the consent of both spouses to divorce is necessary - a steady desire and a conscious decision on both sides of the marital relationship.

Secondly, the absence of joint minor children is mandatory. Thirdly, there should be no property claims between those who are going to divorce - a dispute relating to both property rights (including intellectual rights) and obligations.

For divorce, you need to provide the following documents:

written statements from each of the spouses 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 book, a statement on the absence of disagreements regarding property (in any form);
receipt of payment of the state fee (payment can be made at the bank or through the post office).

The amount of the state fee is 720,000 rubles (4 base units). It is contained in Appendix 20 to the Tax Code.

Each of the spouses, in order to avoid possible problems, should make copies of all documents.

Divorce through court

The marriage is terminated after 1 month from the date of filing the application

The main option for dissolution of marriage unions today is to file an appropriate statement of claim with the court.

The law does not contain any specific obstacles to the termination of a marriage through a judicial authority. In the absence of special skills in legal matters, the spouses or one of the spouses should contact the services of a lawyer.

He will help to correctly draw up an application, can represent interests in court in a quality manner, which will greatly simplify the divorce procedure. But you can deal with all the difficulties on your own, since the rules for jurisdiction, filing and content of the statement of claim are contained in the Code of Civil Procedure.

The social task of the state is to protect marriage and the family. Therefore, the legislator provides time for a possible reconciliation of the parties. The general term is imperatively set - 3 months, but if necessary, an additional one is prescribed - within 6 months.

Obviously, the termination of family relations by the court takes a longer period of time than by the registry office. This is due to the fact that the court, when deciding on the dissolution of a marriage, is forced to resolve issues of the residence of minor children, issues of alimony and other monetary payments, and the division of joint property. An agreement on children can be concluded between spouses who want a divorce, in which a number of the points indicated earlier are decided; often there is also a marriage contract that solves problems related to property. The court is obliged to take into account such agreements.

Based on the results of litigation, the court makes a decision. It is an unconditional basis for making the necessary marks in the passports of the former spouses by the registry office, where the court independently sends a copy of the judicial act within 10 days from the date of its entry into force.

The cost of a divorce

The state fee for the primary divorce is 540,000 rubles (3 base units), for the second and subsequent - 900,000 rubles (5 base units).

The legislation of the Republic of Belarus seeks to reduce the number of divorces and strengthen families. Therefore, only relatively recently Belarusians received a simplified opportunity to dissolve a marriage. However, the divorce process itself is still a lengthy and complicated procedure.

Divorce through the registry office

The easiest way to file for divorce in Belarus is to contact the registry office. This form of termination of the relationship is not available to all Belarusians. The main criteria for the simplified form are:

mutual agreement;
the absence of joint children of minor age (including children from previous marriages, if the current spouse adopted them);
independent solution of property issues or lack of property acquired jointly.

Note! Citizens have the right to divorce at any time after registering their relationship with the registry office. You don't even have to wait a few years for this. However, instead of dissolving the marriage after a few months, it is recommended to consider the very need for marriage.

After submitting an application to the registry office, it will take about 1-2 months before citizens receive a notification that their request has been granted. After that, a mark is placed in the passports about the termination of the relationship.

What documents are required?

An application for divorce must be submitted to the registry office at the place of residence of any of the applicants. However, the agreement must be mutual. Husband and wife must come to the state. institution together and personally apply. In addition to the application written in the approved form, you will need to bring your own passports.

Only one citizen is allowed to apply if the second applicant cannot come to the registry office for personal reasons. In the absence of a husband or wife their consent must be confirmed by a paper certified by a notary. It is attached to the application along with a copy of the passport.

Reference! In such cases, it is not required to bring a marriage certificate to the registry office.

Another required document is the receipt of payment of the fee. You can determine how much a divorce costs in Belarus by the number of previous marriages. For the first divorce proceedings, the fee in accordance with Appendix 14 to the Special Part of the Tax Code of the Republic of Belarus is 4 basic units, in 2019 it is 98 rubles. For each subsequent process, even if the husband remarried his ex-wife, a state duty of 8 basic units is paid, i.e. 196 rubles for 2019.

Divorce through court

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Most divorce proceedings are still being considered through the courts. These categories include situations where:

the defendant does not want to get a divorce;
have minor children;
husband and wife cannot independently divide jointly acquired property;
the plaintiff wants to receive child support;
the second spouse has gone missing, declared legally incompetent or is serving a sentence in places of deprivation of liberty for a total period of more than 3 years.

The claimant is required to state the reason for the divorce. Many use the standard excuse: "We didn't get along." However, if the second spouse does not want to divorce, it is recommended to enter a more compelling reason. They can serve, for example, adultery or domestic violence.

The documents

The divorce process requires some preparation. Either spouse can apply. Most often this is done by the most interested person. Within the framework of one divorce process, several issues can be resolved at once. For example, divorce and division of property. All claims are indicated in the claim.

In addition to the claim, you must also provide:

the passport;
original marriage certificate;
birth certificates of children, if any;
certificate of income, if alimony case is being considered;
valuation of property, if a claim with a division of property is being considered;
fee receipt.

The state duty for a divorce in Belarus in court is paid in the same amount as in the registry office: 4 values for the first case, 8 for subsequent ones. In this case, the payment of expenses falls entirely on the shoulders of the plaintiff. In the event that relations with an incompetent or missing person are terminated, the applicant pays only 1 basic amount, which in 2019 is 24.5 rubles. In cases where, in addition to the dissolution of the marriage, the judge also considers the division of property, the plaintiff is obliged to pay a fee in the amount of 5% of the assessed value of the property.

Reasons for rejection

After filing a lawsuit to terminate the relationship, the judge gives the spouses 3 months to reconcile. Only after the expiration of this period the case will be considered. If the spouses do not come to an agreement, the court considers the claim and makes a decision.

Note! Divorce does not always result in satisfaction of the claim. In some cases, the decision may be delayed for up to 6 months. This is additional time for reconciliation.

If you file for divorce in Minsk or any other city, in accordance with the Code of Marriage and Family of the Republic of Belarus, the court may refuse to terminate the relationship if:

the wife is pregnant;
the family has a common child under 3 years old.

However, the court refuses to divorce only in cases where the other spouse does not want to get divorced. If there is written consent, pregnancy and a small child will not be the reason for refusing to satisfy the petition.

The decision to preserve the family is made by the court, based on each specific case. There is no clear regulation on when a claim must be satisfied and when not. That is why it is important to indicate the real reasons for going to court. If one of the spouses does not want to divorce, the court may issue a refusal. This happens especially often if the reasons for the divorce are not compelling enough. Therefore, it is important to present not only a claim, but also evidence of the impossibility of family life. These can be certificates from medical institutions, which indicate that the second spouse suffers from alcohol or drug addiction, or the testimony of witnesses in child abuse. In each case, the arguments may be different.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write a question in the form below:

Last year, the number of those wishing to end family relations almost equaled those who applied for marriage. This trend has led to the fact that the laws in Belarus had to be changed in order to reduce the burden on the courts. After all, before it was necessary to file a claim and wait for its consideration. Now those who want to get a divorce have the opportunity to do this through the registry office. Let's figure out what documents for divorce must be submitted in Belarus in different cases.

What you need to prepare for a divorce through the registry office

Since 2013, couples who want to end their marriage have the option to do so without going to court. For this, several conditions must be met:

not have material claims to each other;
not have children;
voluntarily decide on a divorce;
be willing to end the marriage.

If all these conditions are met, then you can contact the registry office. If one of the spouses does not agree to voluntarily terminate family relations or has material claims, then it is necessary to act through the court. You will also need to do if the couple had children in marriage.

The list of documents for divorce through the registry office is quite simple:

Statement. It must be completed by both spouses on the day of submission.
Passports. In the absence of this document, you can present another paper proving your identity.
Original marriage certificate.
State duty receipt. It is equal to four basic values adopted for the current year.

In 2016, a denomination took place in Belarus, after which the base value changed. At first it was set at 21 Belarusian rubles, and since 2017 it has increased to 23. Usually this rate changes every six months, so before paying the fee, find out how much you have to pay.

One of the spouses can contribute. If necessary, this amount can be divided in half.

If one of the spouses cannot find time to apply to the registry office, then he will have to go to a notary to certify his consent to the divorce. In this case, he will not take part in the preparation of the application, which is written on the day of its submission with the registry office employee.

At the time of application, you can note on the application form that you want to return the surname that was changed during the wedding. However, remember that in this case it will be necessary to change the main documents, submitting a certificate of divorce to the authorities that issue them.

You can apply to the registry office at the place of registration of one of the spouses or at the address of actual residence. For example, if the couple's registration address is Minsk, and the city of permanent residence is Brest, then you can get a divorce at the nearest registry office. Although in some places you may be required to extract from the house book, which is an outdated norm. In this case, it is best to try to negotiate peacefully with the registrars or write a statement to the head of the department with a request to separate you from the place of actual residence.

Preparing an agreement on children

If a couple has children, but they are ready to voluntarily agree on their upbringing, living and maintenance after a divorce, then the work of the judge can be facilitated by presenting a special agreement. This is regulated by Article 38 of the Marriage and Family Code of the Republic of Belarus. This document does not have to be drawn up by a notary, it is enough just to print a standard contract and sign it.

The following points must be specified in the contract:

material security obligations (amount and procedure for payments);
a parent who must take full care of the offspring;
the order of communication with the parent who left the family.

When drafting the paper, try to cover all issues on which agreement has been reached. It is important that the drafted document does not violate the rights and interests of children. If you do not draw up such a paper, then, guided by Article 39 of the Family and Marriage Code of the Republic of Belarus, the court will independently decide all issues related to the upbringing and maintenance of children. He will base his decision on the current family law.

Having a child agreement will help you expedite the divorce process.

Divorce in court

One of the most difficult procedures is a divorce in court. It is also the longest, as the couple is given 3 months to reconcile. Necessary documents for consideration of the case in court:

marriage certificate;
originals and copies of children's documents (birth certificates, passports);
voluntary agreements: about children or a marriage contract;
certificate of income, if the alimony payer is determined during the consideration of the case;
inventory of property (if it is necessary to carry out its division);
fee receipt.

It is only possible to draw up a statement of claim correctly with the help of a lawyer. On your own, you can miss a few important points. Remember that a lawsuit is a difficult document, it is on the basis of the requirements listed in it that the judge will make his decision. If you formulate them incorrectly, then the result of the consideration of the case will not be the one you wanted. The document will not be accepted if it does not contain the following information:

information about marriage (exact date and place);
the reasons that pushed the couple to divorce;
the presence of children (if any, it is necessary to list, indicate gender and age);
What questions should the judge help decide?

In the last paragraph, several controversial points can be touched upon at once:

division of joint property;
determining the place of residence of children;
recovery of alimony.

If there are no children and property claims between the spouses, then only a divorce should be asked from the court. In general, the procedure for considering a claim can take up to six months. However, in the presence of complex disputes, the court spends as much time on consideration of the application as it takes to establish justice. In order not to drag out the process for years, hire a lawyer who will represent you.

Divorce in Belarus is not a free procedure. Therefore, it is worth preparing money for the consideration of a divorce suit in court. Interestingly, for the first divorce you will have to pay 3 basic units, if you failed to save the family again, then the duty rate will increase to 5 units. If one of the spouses cannot be present at the divorce hearing, then one more base value must be added so that the claim is considered in his absence.

Another important point: the claim is filed in the territorial court in the area of residence of the defendant (under Article 109 of the Code of Civil Procedure of the Republic of Belarus). This is done so that the second spouse can prepare for the meeting more effectively think over his defense (if it is required) and not spend additional money on the road to the territorial area at the place of residence of the defendant. There are several cases in which the claim will be accepted by the court where the applicant lives:

the defendant is serving a sentence in a place of detention (if its duration is more than 3 years);
the second spouse is declared missing;
the defendant is incompetent;
the plaintiff has health problems that prevent him from traveling to the place of the case;
at the time of filing the claim, children under the age of 18 live with the plaintiff.

Most often, women with children file for divorce, so the vast majority of claims are heard in courts located in the territories where they live.

What you need to prepare for the dissolution of marriages with foreigners

International marriages in the Republic of Belarus are not uncommon. In such a situation, you can get a divorce through the consulate or the court. In this case, consultation with a lawyer is required. After all, all issues related to such marriages are resolved based on the existence of an international agreement with the country of which the second spouse is a citizen. This document is not concluded with all countries, so the divorce procedure can be difficult, especially if the children were not born in Belarus.

In Belarus, you can file a divorce with a foreigner if the second spouse currently lives in the country or has ever lived in it. Otherwise, you should try to apply to the courts of the republic if there are property claims or children between the participants of the couple. In this case, it is absolutely impossible to draw up claims on your own, hire a lawyer who can protect your rights. It is allowed to go to court only if one of the spouses has Belarusian citizenship (based on Article 231 of the Family and Marriage Code of the Republic of Belarus).

If the marriage is registered on the territory of another state, then for a divorce in Belarus you will need to make an apostille of the certificate issued during the wedding and have it notarized translated. In situations where both spouses are citizens of another country, they need to apply for a divorce at the diplomatic mission or consulate of their state. In this case, the list of documents will need to be specified on the spot.

The number is increasing every year. In 2016, the number of married couples wishing to officially terminate marital relations is inexorably approaching the total number of marriage registrations. Until recently, the Republic of Belarus was a state in which it was possible to obtain a divorce only by filing a lawsuit with the judiciary by the conflicting spouses. This norm was enshrined in the Marriage and Family Code of this state. After the amendments to the mentioned Code came into force on January 1, 2013, it became much easier to get a divorce in Belarus. From that moment on, Belarusian citizens got the opportunity to dissolve a marriage in two ways: through the courts or through the bodies that record civil status acts (ZAGS).

For many people who find themselves on the verge of breaking up marital relations, the question often arises: what documents should be collected in order to start a divorce case? The final list of papers required for this may differ significantly in each individual case. It should also be borne in mind that different lists of documents will be needed for the registry office and for the judiciary. Given that couples who do not have minor children and material claims against each other can get a divorce through the registry office under Belarusian law, the list of documents that will be needed in this case will be relatively small. But in case of a divorce through the courts, the spouses will have to collect a solid 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 formalize the dissolution of a marriage through the registry office, Belarusian citizens will need the following documents:

a divorce statement drawn up and signed by both parties;
passports of both spouses (if one of them does not have a passport, then you can submit another document confirming your identity to the court);
original marriage certificate;
a receipt confirming the payment by the spouses of the state duty for divorce, equal to 4 basic units (since January 1, 2016, one basic unit in Belarus is 210 thousand rubles);
if one of the spouses cannot, for a good reason, appear at the registry office in person, he must submit to the state agency a notarized document confirming his consent to register a divorce without his presence.

Registry offices located at the place of registration or at the place of actual residence of one of the divorcing parties are submitted. 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 the age of 18;
they have no disputes over the division of jointly acquired material assets.

If the spouse who changed his surname during the registration of the marriage expressed a desire to return to himself the surname that he bore before marriage, he must additionally indicate this in the divorce application.

List of papers for courts

In the case when one of the spouses does not give his soulmate a voluntary agreement to terminate the marriage, if there are minor children or if there are insoluble property disputes, divorce documents are submitted for consideration to the servants of Themis. Both the husband and wife together, and only the spouse who initiates the termination of family relations, 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 place of residence of the defendant. If it is not possible for the plaintiff to file papers for divorce at the place of residence of the spouse, he can take them to the court at the place of his residence.

The court will need the following documents to hear the divorce case:

marriage certificate;
originals and copies of birth certificates of minor children of a married couple;
agreement on children (optional, but desirable);
marriage contract (if any);
certificate of income from the place of work of the parent who, after the divorce, will pay alimony for the maintenance of children (if issues of maintenance obligations must be resolved during the divorce process);
an inventory of property jointly acquired 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, the spouses or the party interested in the dissolution of the marriage should always consult with an experienced lawyer.

A divorce suit is a serious document that the courts treat with the utmost care, so it must be drafted responsibly. The claim must include the following points:

information about the place and date of marriage registration;
the reasons why the further joint life of the spouses became impossible;
whether the wife and husband have common children, their number and age;
issues that divorced spouses entrust to the judicial authorities (determination of the place of residence of joint minor children, collection of alimony payments, division of marital property, etc.).

Child agreement is an important document in a divorce

In accordance with Art. 38 of the Marriage and Family Code of the Republic of Belarus, divorcing spouses have the right to provide the judge in charge of their divorce case with a voluntary agreement on children drawn up by them in a simple written form. In the document, they should try to indicate all the points related to their rights and obligations for the upbringing and material support of their minor offspring. This agreement should contain information about which parent the children will live with after the dissolution of the marriage, the amount and procedure for paying child support in their favor, the procedure for communicating with minors of the parent who will live separately from them, and other issues on which the divorcing The couple managed to reach an agreement.

The content of the document should not violate the rights and interests of children. If the couple does not provide such an agreement, the court, based on Art. 39 of the Marriage and Family Code, all issues related to the amount of alimony, the place of residence of minors, the procedure for their communication with parents and other points, decides independently. At the same time, the court decision should not run counter to the family law of the Republic of Belarus.

A lawyer will help you decide on the final list of documents that may be needed to dissolve a marriage in Belarus. It is this specialist that spouses need to contact before filing papers for divorce. The lawyer will advise the husband and wife on all issues related to the divorce process, help to draw up an agreement on children and other documents that will make the divorce faster and less stressful for both parties.

It can be difficult to figure out what documents and certificates are needed for a divorce in Belarus, especially if a person has recently lived in this country. Of course, this procedure is somewhat different from a divorce in Russia. However, this is also done without any problems, especially if the couple does not have children and financial claims to each other. The process can be delayed if one of the spouses does not agree, or if it is necessary to decide with whom the minor children will remain.

Through the registry office

The easiest way to dissolve a marriage is if both partners agree, they have no children and material claims. In such a situation, the couple will not have to go to court, as they will be able to get a divorce through the registry office. To do this, you will need to prepare a minimum number of documents for a divorce:

Application from each spouse.
Passports.
A receipt that confirms that all divorce expenses have been paid.

The cost of a divorce in the Republic of Belarus in 2016 is 84 rubles (at the old rate of 840,000 rubles).

In the event that you wish to change your last name after a divorce, you must indicate this in the application.

You can get a divorce without any disputes in just 30 days. That is, only one month will pass from the moment of application, and both spouses will again become free people. After the divorce certificate is received, people will be able to enter into relationships again and officially register them in the registry office.

Through the court

It is worth noting that most often couples have to get divorced through the courts. There may be several reasons for this:

One of the spouses is against divorce. That is, he does not agree to apply. In this case, it will no longer be possible to terminate the relationship voluntarily.
It is necessary to decide with whom minor children remain after the dissolution of the marriage.
There are any financial claims, and it is necessary to share the property that was acquired in marriage.

If people get divorced through the court, then it is required to prepare the necessary documents:

Statement of claim. It should be written according to the model - indicate the correct data of the defendant and his place of residence. Without this, the application will not be considered.
Be sure to prepare the original marriage certificate. A copy of this document will not be accepted in court.
The original passport of a citizen of Belarus and a copy.
If you have children, you will need a birth certificate. In this case, originals are not required, copies can be prepared.
Marriage contract, if one was signed during the registration of marriage.
Certificate of income of the spouse who will be required to pay alimony after the dissolution of the marriage.
Description of the property.
A receipt confirming that the state fee has been paid.

Important! When dissolving a marriage through a court, you will need to pay a state fee in three times. If this is not your first marriage, then the cost increases to five times the size.

All documents are sent to the court, which is located at the place of actual residence or place of residence of the defendant. However, the application can be considered in the court at the place of residence of the plaintiff, if there are serious reasons for this - illness or children.

Read also List of documents required for divorce if there are minor children in the marriage

Alimony

If one of the spouses is required to pay child support, additional documents must be prepared:

A certificate confirming that the children are in the maintenance of the plaintiff.
Defendant's income statement. It can be obtained at the place of work.

Sometimes it happens that the plaintiff simply does not have the opportunity to confirm the defendant's income. It is important to remember that this is not a reason to refuse child support. The only thing you need to specify is in the application, which will then be sent to the court. Of course, some difficulties may arise in this situation, but as judicial practice shows, most often it turns out that the defendant is still forced to pay child support. The legislation also specifies how much of their income the defendant must pay to his children:

One child accounts for ¼ of the income. For example, if the salary is 800 rubles. 200 rubles from this amount for one child.
For two children it is necessary to give already 1/3 of wages.
If there are three or even more children, then 50%.

It should be noted that it is impossible to charge more than 50% of wages. It does not matter how many children the defendant has. This includes children from all marriages. That is, a person can already have three children from his first marriage, and one from his second. In this case, with a salary of 800 rubles, he gives 400 rubles for all his four children.