Consensual Divorce in Belarus
When both spouses agree to end their marriage, Belarusian law provides a simplified procedure that avoids the need for contested court proceedings. However, the availability of this simplified route depends on whether children and property are involved. This page explains both the administrative and court procedures for consensual divorce, as well as how to formalise a divorce if you are currently outside Belarus.
When is a simplified divorce possible?
Divorce through the registry office (ZAGS) is available only when all three of the following conditions are met simultaneously:
- both spouses mutually and voluntarily wish to divorce;
- there are no common minor children;
- there is no dispute over jointly acquired property.
If any of these conditions is not met — including where there are children but both parents agree on all matters — the divorce must go through court. The registry office handles only cases with no dispute of any kind; even a minor disagreement on a single issue transfers the matter to judicial proceedings.
Divorce through the registry office (ZAGS)
Documents required:
- joint application for divorce (submitted by both spouses in person);
- marriage certificate;
- passports of both spouses;
- document confirming payment of the state fee.
If one spouse is unable to appear at the registry office in person, they must submit a notarised statement in advance — with the authenticity of their signature certified by a notary.
Timeline: The divorce is registered no earlier than one month and no later than two months from the date the joint application is filed. This waiting period is mandatory and cannot be waived.
State fee: 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 where there are children
If the marriage produced common minor children, dissolution is only possible through court — even if both spouses fully agree on the divorce and on all matters relating to the children. The court must verify that the interests of the children are protected.
When deciding on divorce where children are involved, the court also determines:
- which parent the children will live with;
- the procedure for contact between the children and the other parent;
- the amount and procedure for payment of child maintenance, unless already governed by a prenuptial agreement or a Children’s Agreement.
Children’s Agreement. The spouses may resolve all child-related matters 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 in this case. If the Agreement does not conflict with the interests of the children, the court will be guided by it when issuing its decision.
When deciding where the children will live, the court takes into account the personality and lifestyle of each parent, their level of income and employment, which parent has devoted more time to raising the children, and the children’s attachment to each parent. Once a child reaches 10 years of age, the court also takes the child’s own wishes into account.
Property after divorce
As a general rule, all property acquired during the marriage is joint property of both spouses and is divided equally — regardless of in whose name it is registered. Property received by one spouse as a gift or by inheritance is not subject to division.
If the spouses have not reached a property agreement and no prenuptial agreement governs the matter, the court decides on the division of jointly acquired property at the time of divorce. In doing so it takes into account the interests of minor children and the financial position of each spouse.
The spouses may also resolve property matters independently, either through a notarised property division agreement or through a prenuptial agreement. The notary fee for certifying a prenuptial agreement is approximately 200 BYN, with both spouses required to be personally present.
Divorce registration at a Belarusian consulate abroad
If both spouses are currently outside Belarus, it is possible to register a consensual divorce — where there are no minor children and no property dispute — through a Belarusian embassy or consulate in the country where they are residing, under Art. 351 of the KoBS.
The documents required are the same as for a registry office divorce in Belarus. All foreign-issued documents must be accompanied by a notarised translation into Russian or Belarusian and legalised in the prescribed manner.
The consular fee for registering a divorce varies by country — for example, the fee at the Belarusian Embassy in Belgium is 50 euros. The registration is completed within 2 days of filing, provided no additional enquiries to other state bodies are required. If such enquiries are needed, the process may take up to one month.
Important limitation: Belarusian consular offices can only register divorces by mutual consent under Art. 351 KoBS (i.e. no children, no property dispute). Court divorces issued after 1 September 1999 cannot be registered at consular offices — these must be registered at a ZAGS office in Belarus directly.
From our practice
Registry office divorce for a couple based abroad. A Belarusian couple who had been living separately for three years, with no children and no shared assets, contacted us from Germany. Both wished to divorce as quickly as possible without travelling to Belarus. We confirmed their eligibility for the simplified procedure and advised them on the consular route through the Belarusian Embassy in Berlin. We prepared the full document package, including the notarised statements required because only one spouse could attend the embassy in person. The divorce was registered within six weeks of first contacting us.
Consensual court divorce — children involved, full agreement reached. A couple who had agreed on all matters — where their child would live, maintenance and property — came to us wanting to make the process as quick and smooth as possible. We prepared the Children’s Agreement, had it notarised, and filed the divorce claim with the court. Because the Agreement was in order and both parties confirmed their consent, the court dissolved the marriage at the first hearing after the reconciliation period, without any further delays. Total duration: just under three months.
How we can help
Our advocates have over 10 years of experience handling divorces in Belarus, including consensual divorces for clients based abroad. We advise in English and Russian and can manage the full process remotely where possible.
We provide consultations on the most appropriate procedure for your situation, preparation of all documents including Children’s Agreements and property division agreements, representation in court, and assistance with consular divorce registration procedures.
📧 [email protected] 📞 +375 29 142 27 19
