Divorce through the registry office without the consent of the spouse
The Marriage and Family Code of the Republic of Belarus does not provide for the possibility of divorce in the registry office without the mutual consent of the spouses. Thus, the basis for registering the termination of marriage in the registry office is a joint statement of the spouses.
At the same time, the marriage is terminated by the registry office in the absence of such a statement due to the death of the spouse or the announcement of him as deceased in court.
Divorce through court without the consent of the spouse
Divorce without the consent of the spouse is possible in court according to the rules of special proceedings. These are the cases when:
– the spouse is recognized as missing;
– the spouse was declared legally incompetent by a court decision;
– the spouse was sentenced to imprisonment for a term of more than 3 (three) years.
Statement of claim for divorce
A statement of claim for divorce is submitted by one of the spouses to the court at the place of residence of the second spouse. At the hearing, the spouses are called the plaintiff and the defendant. A statement of claim may also be filed at the place of residence of the plaintiff if minor children are brought up with him or if it is difficult to arrive at the court at the place of residence of the defendant.
In the statement of claim for divorce, it is necessary to indicate the last name, first name, patronymic, date of birth of the spouses, the name of the court where the statement is addressed, the essence of the claim, the motives and reasons why further life together is not possible.
The statement of claim also contains information about the children, including their date of birth. The claim may include a requirement to determine the child’s place of residence after divorce; on the procedure and terms for the payment of alimony; about the order of communication between the other parent and the child; on the division of property.
Documents required for divorce
Attached to the statement of claim for divorce:
– the plaintiff’s passport;
– marriage certificate;
– birth certificates of children;
– certificates from the place of work about income;
– receipt of payment of state duty;
– if available – Agreement on Children, Marriage Agreement;
– other documents and evidence.
The term for reconciliation in case of divorce through the court
When accepting a claim for consideration, the court gives the spouses a period for reconciliation within 3 months. The legislation on marriage and family relations indicates that the court must take all measures to preserve the family. Therefore, the period for reconciliation can be extended up to 6 months.
Divorce mediation
When deciding on divorce, spouses can contact a mediator. A mediator is a mediator for the amicable settlement of a dispute without a court. The purpose of mediation is to reconcile the parties, and this is especially true in family relationships.
Divorce is highly undesirable for both the child and the state. Additional legal costs, time costs, psychological trauma of ex-spouses and children – all this can be avoided by contacting a family mediator to resolve the conflict.
Ex-spouse’s consent to the sale of real estate
Common joint property acquired in marriage is subject to division in the event of a divorce in accordance with the Marriage Agreement or by a court decision. If the real estate remains in the common joint property of the spouses, then after the divorce, if one wishes to sell or donate the real estate object, the legislation requires the consent of the former spouse to such a transaction.
The consent of the former spouse must be certified by a notary. To do this, you must go to the notary in person and provide your passport. For certification of consent, you must pay 14 rubles 50 kopecks.
Ex-spouse’s consent to alienate a share in an LLC
A share in a business company (limited liability company) acquired during marriage is also the common joint property of the spouses, therefore, the consent of the former spouse is required for its alienation after divorce.
Such consent must be certified by a notary by going to the notary in person and presenting a passport. Without the consent of the former spouse to alienate the share in the LLC, the transaction cannot be completed, and the completed transaction will be invalidated.
Ex-spouse’s consent to leave the child
If a child travels outside the Republic of Belarus accompanied by third parties (relatives, as part of a group of children), then the consent of both parents is required. Moreover, the consent of each of the parents is required regardless of whether the person is married or divorced.
The ex-spouse must appear before a notary to obtain consent for the departure of a minor child outside the country, presenting a passport and paying a notary tariff of 14 rubles 50 kopecks.
The consent of the former spouse to the registration of the child
If it is determined by the court or by agreement of the former spouses that the child, for example, will live with the mother, then the legislator requires the consent of the father (former spouse) to the child’s registration (registration at the mother’s place of residence).
The father’s consent to the registration of the child must be certified by a notary, and the notarial fee for this notarial act is 14 rubles 50 kopecks.
Our lawyers have extensive experience in representing our clients in matters of divorce without the consent of the spouse. Our marriage lawyers are ready to provide you with the following legal assistance in matters of divorce without the consent of your spouse:
– oral and written consultations on issues of divorce without the consent of the spouse;
– representation and protection of interests in courts on issues of divorce without the consent of the spouse;
– consultations and representation of interests on issues of divorce without the consent of the spouse.
If you have questions related to divorce, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
