Grounds for divorce through the registry office
The legislator provides that divorce through the registry office is possible only if three conditions are mandatory:
– the decision to dissolve the marriage must be taken by the spouses by mutual agreement;
– the spouses do not have common minor children;
– the spouses do not have a property dispute.
If the husband and wife decide to divorce, but at the same time they do not reach an agreement on the fate of the jointly acquired property, then divorce through the registry office is impossible, and the spouses are forced to go to court.
If the spouses have common children under the age of 18, then divorce is possible only in court, since in this case questions arise about the place of residence of children, maintenance obligations, etc.
List of documents to be submitted to the registry office (ZAGS)
To dissolve a marriage at the registry office, you must provide:
– an application for divorce, signed by both spouses;
– marriage certificate;
– spouses’ passports (other identity documents);
– receipt of payment of state duty.
In the absence of any of the above documents, the registration authority is not entitled to dissolve the marriage.
So, for example, if a marriage certificate is lost, you must first contact the archive of the registry office for its restoration. If you lose your passport, you should contact the citizenship and migration authority at the place of registration of the citizen.
The cost of divorce through the registry office
For the dissolution of marriage by the registration authority, a state fee is provided. Today it is 4 base units.
Taking into account the base value of 32 Belarusian rubles established in Belarus in 2022, the dissolution of a marriage in the registry office will cost 128 Belarusian rubles.
Inadmissibility of dissolution of marriage in Belarus
The legislator provides for cases when divorce is impossible either by the registry office or by the court.
As established by the CBS of the Republic of Belarus, divorce is unacceptable:
– during the wife’s pregnancy;
until the child reaches the age of three.
Divorce in these cases is impossible without the written consent of the other spouse, provided that he takes care of the child and lives with him.
Exceptions to this rule are cases where:
– paternity is recognized by another person;
– information about the husband as the father of the child is excluded from the documents of the registry office by court decision.
Thus, divorce through the registry office in 2022 is possible only with the joint consent of the spouses, in the absence of a property dispute and the husband and wife do not have common children under the age of eighteen.
