Divorce in the registry office (ZAGS)
A marriage may be terminated if one of the spouses dies or is declared dead by the court, as well as if the marriage is dissolved.
A marriage can be dissolved both in court and by the body in which it was registered – the civil registry office.
A marriage can be dissolved at the joint application of the spouses. In this case, the marriage is considered terminated from the date of registration of the dissolution of the marriage.
Grounds for divorce in the registry office (ZAGS)
As mentioned above, the marriage is dissolved, including in the registry office. The registry office divides the marriage by mutual consent of the spouses if two conditions are met simultaneously:
– the spouses do not have common minor children;
– the spouses do not have a dispute over property.
At the same time, when contacting the registry office, the spouses must document the existence of these circumstances.
The term for divorce through the registry office (ZAGS)
If the divorce authority is the registry office, then the term for dissolution is no earlier than one month and no later than two months from the date of filing a joint application for divorce.
State duty for divorce through the registry office (ZAGS)
For divorce through the registry office, you must pay a state fee in the amount of 4 basic units. Since today the size of the base value is 29 rubles, 116 rubles will have to be paid for a divorce in the registry office.
Divorce in court
A marriage can be dissolved in court at the request of one of the spouses. In this case, it is considered terminated from the date of entry into force of the court decision. The judicial procedure for divorce is provided if there is at least one of the following grounds:
– there is no mutual consent of the spouse to divorce;
– there is at least one minor child in the marriage (under 18 years of age);
– there is a dispute over property between the spouses.
In Art. 35 of Marriage and family code legislator determines the cases when divorce is unacceptable. Such cases include the wife’s pregnancy and the child’s age up to three years – without the written consent of the other spouse to divorce (in this case, the condition must be met: the other spouse must live with the child and take parental care of him).
The exceptions here are cases when paternity is recognized by another person or, by a court decision, information about the husband as the father of the child is excluded from the record of the child’s birth certificate. If another person recognizes paternity, then a notarized refusal of the husband from the child is required for divorce.
Divorce procedure in court
According to Art. 36 of Marriage and family code divorce is carried out by the court in the course of action proceedings.
When accepting a statement of claim for divorce, the court provides the spouses with a time limit to take measures for reconciliation, as well as to reach an agreement on common minor children and the division of property. This period is three months.
After the expiration of the three-month period, the marriage is dissolved if the court finds that the further life of the spouses and the preservation of the family have become impossible. When deciding on divorce, the court takes measures to protect the interests of minor children and a disabled spouse.
When considering a statement of claim, the court takes measures aimed at preserving the family, and has the right to postpone the proceedings, appointing the spouses an additional period for reconciliation within six months.
Art. 37 of Marriage and family code allows for the dissolution of a marriage in a special procedure. So, without providing a period for reconciliation, a marriage is dissolved by a court at the request of one of the spouses, in cases where the other spouse:
– recognized as missing in the manner prescribed by law;
– recognized as legally incompetent;
– convicted of committing a crime to imprisonment for a term of at least three years.
Statement of claim for divorce
In the statement of claim for divorce, it is necessary to indicate the details of the spouses, information about minor children, the reasons why the spouse wants to dissolve the marriage, as well as other information.
Attached to the claim:
– marriage certificate;
– birth certificates of children;
– certificates from work on the income of the spouses;
– other documents.
Which court to submit documents for divorce?
Divorce documents are usually filed with the court at the place of residence of the defendant. However, the legislation provides for exceptions to this rule. The spouse has the right to file a claim for divorce at the place of residence of the plaintiff (his place of residence) in the following cases:
– if minor children live with him;
– if it is difficult to file a claim at the place of residence of the defendant for objective reasons.
Dissolution of marriage
The term for divorce is three months from the date of filing the statement of claim. If the parties do not reconcile or do not come to an agreement within this period, then the marriage is terminated. The court may provide an additional period for reconciliation – up to 6 months.
Within ten days from the date of the decision on divorce, the court sends it to the registry office to affix the appropriate mark in the documents. From that day on, the marriage is considered officially dissolved, and the spouses are divorced.
Divorce in the presence of minor children
When deciding on divorce and there is a dispute about the upbringing and maintenance of children, the court determines the following conditions:
– the parent with whom the children will live;
– the procedure for communication with children and participation in their upbringing of a separately living parent;
– the amount of alimony for children, in the absence of a marriage contract or an agreement on children, or if these issues are not regulated by the marriage contract or the agreement on children.
Division of property after divorce
If the spouses do not have an agreement on the division of property and a marriage contract is not concluded (or the procedure for the division of property is not defined in it), then the court after the divorce decides on the division of property.
So, when deciding on the division of property, the court proceeds from the interests of minor children, a disabled or low-income spouse. In this case, the spouses must submit to the court a certificate of income from the place of work.
Children Agreement
Questions about the child’s place of residence, alimony, the procedure for communicating with the other parent can be determined by the divorcing spouses independently in the Children’s Agreement. Such an Agreement must be certified by a notary. Moreover, to conclude the Agreement, the spouses must appear before the notary in person (representation of interests by power of attorney in this case is not allowed).
A children’s agreement, certified by a notary, must be presented to the court. In this case, when deciding on divorce, the court will be guided by the Agreement, if it does not infringe on the interests of minor children.
Conclusion of a marriage contract in Belarus
Persons or spouses getting married can conclude a marriage contract with each other, in which they determine the procedure for the division of property in case of divorce and other issues. The marriage contract must be certified by a notary, while the personal presence of both spouses is mandatory.
Today the notary fee for certifying a marriage contract is about 200 Belarusian rubles.
If there is a prenuptial agreement in the event of divorce in court, the court will proceed from its provisions if they are in the interests of the children.
Our lawyers have extensive experience in representing the interests of our clients on divorce issues in the Republic of Belarus. Our divorce lawyers are ready to provide you with the following legal assistance in divorce matters:
– oral and written consultations on issues of divorce in Belarus;
– representation and protection of interests in courts on issues of divorce;
– consultations and representation of interests on issues of divorce, where one of the spouses is a foreign citizen.
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.
