Divorce by mutual consent

Divorce by mutual consent of the spouses

It often happens that marriages break up when the spouses make a joint decision to divorce. If nothing was acquired in the marriage, a child was not born, and there is no dispute and there is a mutual consent to dissolve it, then the legislation provides for a simplified procedure for divorce.

Divorce through the registry office (ZAGS)

Divorce through the registry office is possible in the presence of several circumstances at the same time:

– spouses have a mutual desire to divorce;

– there are no common minor children in the marriage;

– there is no dispute about property between the spouses.

In case of divorce in the registry office (ZAGS), the spouses must also confirm the above facts.

Grounds for divorce in the registry office (ZAGS)

The basis for divorce through the registry office is the presence of a joint decision on divorce. Moreover, this decision should not arise under duress, as a result of deception, etc.

The civil registry office, unlike the court, carries out an administrative divorce procedure based on the absence of a dispute between the spouses. If there is a disagreement on at least one issue, then the spouses are divorced in court.

Documents for divorce in the registry office

For divorce in the registry office, you must submit a package of documents, which includes:

– joint application of the spouses for divorce;

– marriage certificate;

– passports of the spouses;

– a statement of one of the spouses, certified by a notary (if it is impossible for him to appear at the registry office);

– a document confirming the payment of the state duty.

If it is impossible for one of the spouses to appear at the registry office, he will write a statement and contact a notary to certify the authenticity of the signature.

The term for divorce through the registry office (ZAGS)

The term for divorce through the marriage registering authority occurs no earlier than 1 (one) month and no later than 2 (two) months from the date of filing the application for divorce.

State duty for divorce through the registry office

The state fee for divorce at the registry office is 4 basic units if it is the first marriage. To date, the base value is set at 29 rubles. It turns out that you have to pay 116 rubles in total.

Divorce in court

If there is a dispute between the spouses (one of the spouses does not agree to divorce), or there are common minor children, or a dispute over joint property, then the divorce case is considered by the court in the course of action.

When deciding on a divorce, the court also decides the following issues:

– with whom the common children will stay;

– the amount and procedure for paying alimony for children;

– the legal status of the property, i.e. to whom of the spouses and what property is transferred after the divorce;

– other issues.

If a marriage contract was concluded between the spouses, the court takes into account its provisions.

Divorce in the presence of children

If the marriage has common minor children, then its dissolution is possible only in court. Simultaneously with the claim for divorce, the spouse may file a claim to determine the child’s place of residence and to pay alimony.

When deciding on children, the court is guided by the Agreement on Children, if it was concluded, and if not, it takes into account the personalities of the parents, the level of income and degree of employment of each parent, and the child’s attachment to the parents.

When determining which of the parents the child will live with, the court takes into account the circumstance, which of the spouses devotes more time and attention to the child, takes great care of him. Upon reaching the age of 10, the court also takes into account the opinion of the child, with whom of the parents he wishes to live.

Property of spouses after divorce

As a general rule, property acquired by spouses in marriage is common joint property, regardless of the name in whose name it was registered. The only exceptions are objects of property that were inherited or under a donation agreement.

After a divorce, the legal status of the property changes, so the court must determine which of the spouses will get which property. In this case, the court takes into account the material contribution of each of the spouses, the degree of wealth of the husband or wife.

Divorce registration at the embassy of Belarus

If a divorce needs to be formalized abroad, then the former spouses should contact the consular office of Belarus in the country where they are staying. At the same time, it is necessary to provide a package of documents, which includes passports, a decision of the Belarusian court on divorce, a receipt for payment of the consular fee and other documents.

With a properly assembled package of documents and payment of the fee, registration of divorce by the consular office is made within 2 (two) days.

Our lawyers have been dealing with issues of divorce in the Republic of Belarus for more than 10 (ten) years. 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.

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