Divorce in Belarus

Divorce in Belarus can be handled either through the civil registry office (ZAGS) or through court, depending on the circumstances of the couple. This page explains both procedures, the costs involved and what happens to children and property.

Below you can find additional articles on divorce procedures in Belarus:

Termination of marriage: general rules

Under the Code of the Republic of Belarus on Marriage and the Family (KoBS), a marriage may be terminated by the death or declared death of a spouse, or by dissolution. Dissolution may take place at the registry office or in court. The marriage is considered terminated on the date the dissolution is registered at the ZAGS (for registry office divorces) or on the date the court decision enters into force (for court divorces).

Divorce through the registry office (ZAGS)

The registry office may dissolve a marriage only where two conditions are met simultaneously: the spouses have no common minor children, and there is no property dispute between them. Both spouses must submit a joint application in person and provide documents confirming these circumstances.

The divorce is registered no earlier than one month and no later than two months from the date the joint application is filed. The state fee is 4 base units — 180 BYN per spouse (base unit from 1 January 2026: 45 BYN, Council of Ministers Resolution No. 651 of 20 November 2025).

Divorce through court

Court proceedings are required in all other cases: where one spouse does not consent to the divorce, where there are common minor children under 18, or where there is a dispute over property.

After accepting the statement of claim, the court grants the parties a reconciliation period of up to three months. If no reconciliation is reached and the court is satisfied that preserving the marriage is impossible, the marriage is dissolved. The court may grant an additional reconciliation period of up to six months if it considers this appropriate.

Under Art. 37 KoBS, no reconciliation period is granted where the other spouse has been declared missing, declared legally incapacitated, or sentenced to imprisonment for three or more years.

When divorce is not permitted

Under Art. 35 KoBS, divorce is not permitted during the wife’s pregnancy or until a child reaches three years of age — unless the other spouse, who lives with the child and cares for them, gives written consent. Exceptions apply where paternity has been established by another person or excluded by court decision.

Documents required for court divorce

The statement of claim must include the details of both spouses, information about minor children and the reasons for seeking divorce. The following documents are attached:

  • marriage certificate;
  • birth certificates of common children;
  • income certificates from the place of work;
  • other relevant documents.

The claim is filed at the court at the place of residence of the respondent. If minor children live with the claimant, or if filing at the respondent’s location presents genuine difficulties, the claim may be filed at the claimant’s place of residence.

Within ten days of the divorce judgment, the court sends its decision to the registry office to record the dissolution. From that point the spouses are officially divorced.

State fees for divorce through court

SituationFee
First marriage4 BU = 180 BYN
Subsequent marriage8 BU = 360 BYN
Respondent declared missing / incapacitated / sentenced to 3+ years1 BU = 45 BYN
Copy of court judgment (first marriage)2 BU = 90 BYN
Copy of court judgment (subsequent marriage)3 BU = 135 BYN

Children

Where there is a dispute about children, the court determines which parent the children will live with, the procedure for contact with the other parent, and the amount of child maintenance — unless these matters are already regulated by a prenuptial agreement or a Children’s Agreement.

The spouses may resolve all questions relating to children independently by concluding a Children’s Agreement, certified by a notary. Both spouses must appear before the notary in person — representation by power of attorney is not permitted. If the Agreement does not infringe the interests of the children, the court will be guided by it when making its decision.

In the section “Children” you can find more information.

Division of property

If no prenuptial agreement or property division agreement exists, the court decides on the division of jointly acquired property at the time of divorce. The court takes into account the interests of minor children and any disabled or low-income spouse. Income certificates from both parties must be submitted.

In the section “Division of property” you can find more information.

Prenuptial agreement

Spouses or persons intending to marry may conclude a prenuptial agreement setting out the procedure for property division and other matters. The agreement must be notarised, with both spouses personally present. The notary fee is approximately 200 BYN.

If a prenuptial agreement exists, the court will apply its provisions provided they are in the interests of any children.

From our practice

The cases below are based on real situations handled by our advocates. All identifying details have been changed to protect client confidentiality.

Divorce with a US citizen, one child, apartment in Minsk. A Belarusian woman contacted us after her American husband relocated to the United States and ceased all communication. She had a young child and a jointly owned apartment in Minsk. Because the respondent was abroad and not engaging with the proceedings, we managed the entire process on her behalf — including service of documents through official international channels. The court determined that the child would remain with the mother and ordered child maintenance. The apartment was awarded to the mother with a compensation payment to the father. The client did not need to handle any court appearances herself. Total duration: five months.

Contested divorce, respondent refusing consent. A client came to us after his wife refused to agree to the divorce and was deliberately delaying proceedings. The court granted a three-month reconciliation period. During that time we prepared a detailed evidential position demonstrating that the marriage had irretrievably broken down. The marriage was dissolved at the first hearing after the reconciliation period expired, without the need for a further extension. Duration: four months from filing to judgment.

Divorce without personal attendance — client based in the UAE. A foreign national residing in the UAE needed to divorce his Belarusian wife, who remained in Minsk with their child. The client was unable to travel to Belarus at any stage. We prepared the power of attorney remotely, filed the statement of claim, attended all hearings and secured a court order on child residence and maintenance. The client was not required to appear in Belarus at any point. Duration: just under four months.

How we can help

Our advocates have over 10 years of experience handling divorce cases in Belarus, including cases involving foreign nationals and cross-border elements. We advise in English and Russian and can represent you in Belarusian courts without your personal attendance in most cases.

We provide oral and written consultations on divorce in Belarus, full representation in court proceedings, and advice and representation in cases where one spouse is a foreign national. Contact us!

📧 [email protected] 📞 +375 29 142 27 19

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