Divorce agreement. How to break up in a civilized way or amicable agreement upon divorce Download a sample agreement upon divorce

The divorce procedure with mutual consent is carried out through the registry office or, in the presence of minor children, through the courts. This article will raise questions such as: how much does a divorce cost, what is written consent, how to divorce a child, and more. If your situation is not typical and you need to get additional advice, please contact the specialists of our portal. Legal assistance is provided free of charge and around the clock.

Leave your question in the online application form and in a short time, in a convenient way for you, a family lawyer will contact you.

Divorce with the consent of both parties is an expression of the will of the spouses, expressed in the joint signing of a statement. The request is sent to the following authorities:

  1. to the registry office;
  2. to the judicial authority if there are joint children.

Of course, if you agree to divorce, the process is faster, and less nerves are spent. There is also no litigation in court and mutual recriminations. Ideally, this is how the termination of relations between civilized and conscious people should take place. Nevertheless, Russian statistics provide other data, namely, that in most cases, it is psychologically difficult to go through a divorce, and mutual claims harm not only the spouses, but also those around them.

As for the legislation, it is the IC of Russia that regulates relations between married citizens. Accordingly, divorce must also be legally correct. For those readers who wish to receive more information about the legal side, we recommend that you familiarize yourself with Ch. No. 3 of the current code. It contains information on the conditions and procedure for marriage. Chapter number 4 discusses the factors on the basis of which you need to dissolve the union.

Divorce registration

Divorce by mutual consent has a peculiarity when filing an application for the termination of a marriage relationship. Citizens are not required to indicate the real reason for the divorce. The standard wording is enough - “we didn’t agree with each other”. However, this is allowed if both parties can consciously express their will, i.e. both are legally competent and not under guardianship.

If the divorce takes place through a court, then it is impossible for the spouses to obtain reconciliation from a legal point of view. But if one of the parties changes its decision, then the judge has the right to postpone the meeting for a period of one to three months. This is regulated by the IC of Russia in article 22. During the specified period, a husband and wife can improve relations or resolve a conflict situation. By mutual agreement of the spouses, the application can be withdrawn and the case closed. Otherwise, the divorce proceedings will be enforced if at least one party is on the initial decision.

Divorce procedure

In order for the divorce to go through correctly, you must follow the instructions:

  1. preparation;
  2. meeting;
  3. finish line.

Let's consider each stage in more detail.

Preparatory procedure

Divorce by mutual consent without children involves the collection of documents, the formation of an agreement in the presence of property disputes, the payment of the state fee and the submission of an application to the judicial authority.

If a divorce is expected with the spouses having joint children under 18, then a written agreement on further upbringing and maintenance should be drawn up and certified by a notary.

Meeting

A joint decision to divorce involves finding out the reason at the first meeting and determining the order of residence of minor children and the amount of assistance for their maintenance. With proper preparation, when an agreement is drawn up about this, the procedure will be simpler, and the decision will be made without delay.

The finish

After the court made a decision, the parties are given ten days to appeal against it. In the absence of such a petition, each of the spouses must come to court again and pick up the extract. After that, you need to contact the registry office to obtain a certificate.

List of required documentation

The list of documents for filing an application for divorce through the registry office is as follows:

  • a statement in form No. 8 signed by both parties;
  • originals of identity documents;
  • check for payment of the state fee;
  • marriage registration document.

When filing a claim in court, the list of documents is not much larger. Add to the above list:

  • a claim drawn up in 3 copies;
  • if one of the parties cannot be in court, then the consent certified by a notary;
  • documents on the birth of joint children;
  • certificates from the address of residence;
  • in case of an alimony dispute - a certificate of income in the form of 2NDFL.

On our portal you can download for free:

The nuances of divorce in court

How to get a divorce through the court and how long the litigation lasts - these questions are of concern to every couple, if there are disputes in the divorce proceedings. As a rule, this applies to issues related to children under 18 years of age and in property disputes.

The best option is to conclude an agreement between the parties under the tutelage of a lawyer. This document reflects such points as:

  • with whom the child will live;
  • the amount of alimony payments;
  • section of property.

In court, it is only necessary to officially confirm the change in social status and the vesting of the above-mentioned document with legal force.

The collected documents, which are filled in according to the established model, should be sent to the magistrate or city court. If the amount of the spouses' property to be divided exceeds the limit of 50 thousand rubles, then the city judicial authority is in charge of this case.

If a positive decision is made, after three days, this information is sent to the registry office. Within one month, the parties will receive a summons for the initial meeting. Husband and wife must be present. If the divorce is without the presence of one of the parties, then it is necessary:

  1. Provide signed consent to divorce according to the model (see the previous section).
  2. A party that does not appear at the meeting must notify in advance of its absence for a valid reason.

Otherwise, it will pass without a second side and may become the only one.

Speaking about the timing of divorce by mutual consent, it should be noted that this primarily depends on the psychological state of the spouses. If the dialogue is constructive, then the divorce proceedings will take no more than an hour. Sometimes, the judge can give time for reconciliation and preservation of the family hearth. But, as a rule, with a joint decision, this rarely happens.

Important! Before filing a claim in court or an application to the registry office, you must pay the state fee. Its size was 1250 rubles: 600 rubles. - this is a statement of divorce, and 650 rubles. - obtaining a certificate.

What are the difficulties in divorce?

Pregnancy of a wife or a child under one year old

The IC of Russia in Article 17 reflects the following conditions when filing a claim in this situation. In other words, the spouse cannot terminate the contract only if he wishes. In view of this, written consent to divorce should be obtained from the spouse. And the procedure itself will be carried out on a general basis.

Child under 3 years old

The SK of Russia in Article No. 89 prescribes that the spouse's responsibilities include maintaining the wife not only during the gestation period, but also after its birth for three years. However, only if she is on maternity leave.

Disabled child

If the spouses have a joint minor child with a disability and the woman is caring for him, then the court has the right to order their joint maintenance.

Valery Isaev

Valery Isaev graduated from the Moscow State Law Institute. Over the years of work in the legal field, he has conducted many successful civil and criminal cases in courts of various jurisdictions. Extensive experience in legal assistance to citizens in various fields.

Divorce of a married couple who have common born or adopted children who have not yet turned eighteen years old must necessarily take place in court.

In order for this process not to drag on for a long time, the spouses need to try to find an option that suits both about the further upbringing of their joint children, to decide with which of them the children will live after the divorce.

The spouses have the right to do this orally at the hearing or to rely on the opinion of the judge, who will independently decide on the further fate of the children after hearing both sides.

Some facts

The courts usually leave the child to live with the mother. However, there are cases when the opposite is true. According to experts, in percentage terms, the court leaves about 6% of cases with the father.

Or it is possible, having reached a mutual agreement, to fix it all on paper by drawing up an agreement on children in case of divorce. This procedure is not mandatory for divorcing spouses, but will help in the future to avoid many disputes and quarrels about raising children.

What kind of document is this?

This document is drawn up in any form, and any items can be entered into it at the discretion of the spouses. It does not even have a clear name: Agreement on the procedure for communication and upbringing of a minor child, Agreement on the procedure for exercising parental rights and payment of alimony, Agreement between parents on children, etc. It depends on what exactly the divorced spouses want to agree upon before divorce proceedings.

Constructive and calm communication of parents on issues that are somehow connected with children, this is the least traumatic for the psyche of children after the parents divorce.

The basic rule is that the agreement should not prohibit anything to any of the parents, it is based on mutual agreement. That is, what is stated on paper should be completely satisfactory to both parties.

An agreement on children in case of divorce is a document that has legal force, its drafting by spouses in case of divorce is allowed and preferably in accordance with Articles 23 and 24 of the Family Code of the Russian Federation.

What to do before entering into an agreement?

If your relationship with your almost ex-spouse has not completely deteriorated, then you definitely need to meet before it starts.

There are several issues you should discuss in detail:

  • With whom of you will the child (children) live together after the divorce? To do this, you need to take into account the child's age, his attachment to each of the parents, financial situation, living conditions, place of study (or attendance at a preschool institution). Many nuances of the question of with whom the child is left when the parents divorce, we cover.
  • How the parent, with whom the child (children) will not live together, will participate in his upbringing. It is necessary to reflect that the parent will participate in resolving issues about his education, training, leisure activities, etc.
  • How often a parent living separately from children will meet with them. Here you can indicate that they can see each other at any time without restrictions, or draw up a specific schedule of dates, taking into account the days of the week and even a specific time.
  • How each parent will provide material support for the child (children). A separate clause can agree on the procedure for collecting alimony from one of the parents (so that he will live separately from the child). You just need to take into account that their size should not be less than that established by law. Namely, at least 25% of the monthly income for one child, at least 33.3%, at least 50% for three or more children.

Better and more stable material security of one parent is not the only basis for making a decision about the place of residence of the children.

These are the most common issues to consider in a child agreement in a divorce. The rest is at the discretion of each divorcing couple. If the child is already big enough, then it is worthwhile to coordinate some points with him.

How to write an agreement for children

The right decision would be to seek help from competent lawyers who have samples of various agreements that are suitable for your particular case. Or they will help you draw up your own, individual, agreement on children, taking into account the points that you wish to include in it.

Using the example of a typical agreement on children in a divorce, we will indicate the main points included in it.

  • First you need to decide on the name of the document. It includes those issues that you and your spouse agree on in this paper.
  • Place and date of compilation.
  • Personal data of spouses (full name, date and place of birth, passport data, residence address), which are hereinafter referred to as "Mother" and "Father". Be sure to indicate that when drawing up the agreement, they do not have health and memory problems.
  • Personal data of the child (children) indicating the address of the parent with whom he will live after the divorce.
  • General provisions (references to legislative acts, taking into account which the agreement is drawn up).
  • The rights of a parent (Father), apart from whom the child will live.
  • The order of communication (unlimited time or strictly according to the schedule, in person or by phone).
  • The procedure for the Father's participation in the upbringing and education of the child (participation in the choice of an educational institution, his visit, the choice of sections, circles, etc.).
  • Responsibilities of the Mother, with whom the child (children) will live.
  • The procedure for exporting a child (children) outside the Russian Federation.
  • The procedure (amount, term, conditions) for the payment of alimony for the maintenance of children (this item is included additionally at the request of the parents).
  • Up to what age the alimony is paid (if you want to understand this issue in more detail, read about it here -)
  • Parental participation in additional expenses for children (payment for medical treatment, additional education, etc.).
  • Settlement of disputes between parents (through negotiations or through the courts).
  • The term of the agreement (established mainly before the child reaches the age of majority) and other additional conditions.
  • Signatures of both spouses.

If desired, the spouses can add additional clauses to the agreement on children in case of divorce. A sample of the most common form of this document can be found at the end of the article.

It will not be superfluous to certify the agreement on children in a notary office. This will give it more legal force. If the agreement includes clauses on the recovery of alimony, then it will be necessary to certify it with a notary. Only then will it have the force of an executive document obliging one of the parents to pay alimony.

Some facts

If suddenly the agreement on children does not consider the main issues of residence and the interests of children, then the court must determine where and with which parent the children will live after the divorce, as well as the procedure for alimony payments.

Will the court accept?

At the court hearing in case of divorce, the judge will certainly touch upon the agreement on children, study all its points in detail, discuss them with the divorcing couple again, pay close attention to whether the rights and interests of children are violated in it. If not everything goes smoothly in this document, then the judge will be able not to take it into account, but to make his decision regarding the residence, upbringing and communication of parents and their children.

If you still have questions about how to draw up an agreement about children, then ask them in the comments.

Divorce is almost always a huge problem, dispute and litigation. Most incidents and troubles can be avoided when it comes to a childless couple. It's easier for them to divorce. But in the presence of minor children (relatives or adopted children), it is more difficult to do this. Mainly due to the resolution of disputes related to toddlers. For example, parents cannot decide with whom the children will live, how they will see their second parent, and so on. If this is the case, it is recommended that you carefully consider and draw up a special agreement. What does a sample of it look like? The agreement on children in divorce is what will be discussed next. We have to figure out the rules for drafting a document, its execution, entry into force and appeal. Only in this case can we say with confidence that disputes related to children during divorce will be settled 100%.

Methods of confinement

It is important to remember that spouses who have common property or children under the age of 18 (or 16 in case of emancipation) must divorce in court. It is necessary. Even if the husband and wife have no claims to each other or other disputes. To confirm this fact, you will have to draw up a special document. What will a sample look like? The Child Divorce Agreement is what gets the most attention. It is its compilation that will be dealt with further.

It should be understood that such agreements can be formalized:

  1. In advance at the notary. This is suggested for couples who do not have disputes in practice. In real life, this scenario is extremely rare.
  2. During the trial. The most common way to enter into an agreement for children. Not much different from the previous one. Unless the trial will be postponed for some time.

There is no other way to make an agreement about children. All other interpretations of this document are void.

Presentation form

How to draw up a child support agreement in case of divorce? A sample of this document will be presented later. First, you need to understand what recommendations and tips to follow when creating a document.

Important: the agreement is made only in writing. Verbal agreement does not take place.

Despite this, the court is allowed to report that the parties have no claims. Then the judge will postpone the meeting and give time to draw up a peace agreement in writing. It will have the force of a judgment.

Terms of agreement

In some cases, parents of minor children have no idea how to divorce them. What should be indicated in the mentioned document? What points will a correct sample have? A child agreement in a divorce usually consists of several issues.

Parents have to find out:

  1. Who will the children live with after the divorce. It is necessary to take into account not only the wishes of the parents, but also the children. Their affection can be crucial. the condition of the housing and the convenience of the location in relation to schools, kindergartens and other institutions are taken into account.
  2. Schedule of meetings of children with a parent with whom they do not live. The solution to this issue will make life much easier.
  3. Issues related to parenting. Even after a divorce, parental rights and responsibilities must be respected. The agreement on children sets out the norms for their implementation.
  4. The material side of the issue. Both parents are obliged to support all their minor children. Therefore, the agreement specifies how this obligation will be implemented. Most often, in practice, a parent with whom the children do not live pays child support. It is recommended to indicate the amount of the corresponding payments or their replacement. For example, transferring property to children.

Perhaps these are all the questions that are considered in the document under study. An exhaustive list cannot be called - all families are individual. Therefore, each sample of a child agreement after a divorce can be called unique. It will shed light on a variety of issues related to the upbringing and maintenance of minors, but these points must be prescribed.

How much to conclude

Sometimes the question arises - how many agreements will have to be drawn up. The legislation of the Russian Federation does not have any instructions regarding this topic. We can only say that both the court and both parties should have samples of agreements. Accordingly, the minimum number of documents is 3 pieces. And this is only under the condition that all controversial issues related to children are spelled out in the agreements.

In practice, the number of documents may vary. For example, agreements are drawn up on general or on specific issues - on the payment of alimony, accommodation, the order of meetings with the second parent.

How to compose

From now on, some of the rules for the settlement of disputes involving minors are clear. What will the corresponding sample document look like? The Children's Divorce Agreement does not have any substantive guidance as to the content of the paper. The parties draw up a document in free form.

If the spouses are not confident in their abilities, then they can turn to legal or notary offices for help. They will help you to write the agreement on the child's stay after the divorce as competently as possible. The sample document below is just a template to be followed. It is not comprehensive.

Document structure

But first you need to study the structure of the agreement. She will help spouses understand how to correctly and competently draw up a document without outside help. The family must consider a model for divorce from children. The requirements for paper are the same.

Today, a post-divorce visitation agreement (sampled below) usually contains:

  • the "header" of the document;
  • Name;
  • place and date of the agreement;
  • data about children (full name, date of birth, address of residence);
  • general provisions (references to laws and acts regulating the relationship between parents and children in divorce);
  • the rights and obligations of divorced spouses;
  • the procedure for the implementation of parental obligations (all the nuances listed earlier);
  • how disputes between the mother and the father of the children will be resolved (in court or pre-trial order);
  • the duration of the document (usually up to the age of majority of the kids);
  • signatures of the parties.

The document is subject to the general rules for the design of business letters. All citizens must remember this. So, for example, the "head" of the agreement is drawn up in the upper right corner of the paper, it contains:

  • the name of the body to which citizens apply;
  • personal data of the parties;
  • information about the judge who is considering divorce.

In fact, there is nothing difficult or special. The bulk of the problems lies in resolving all the previously listed issues between parents. If found, you can enter into an agreement. The child participates in this process indirectly - his opinion about living with this or that parent will be surely recognized by the guardianship authorities or the court.

Procedure

How exactly is the document concluded? For example, before the trial. To do this, you need to go to a notary. It is he who will indicate the reliability of the document.

How is the child support agreement concluded in the event of a divorce? A sample document is provided below. The following algorithm of actions should be adhered to when concluding a document:

  1. Collect a list of papers indicating paternity and maternity (birth certificates, spouses' passports, marriage certificate). It is advisable to prepare documents that emphasize the financial situation and rights to housing.
  2. Draw up the text of the agreement. It can be created directly at the notary.
  3. Come to the notary's office and sign the agreement. The notary will put his signature on the document as a sign of its authenticity.
  4. Pay for the services of an authorized person.

Almost the same will have to act when concluding a paper in court. Necessary:

  1. Collect all previously listed documents.
  2. Draw up the text of the agreement. Pre-announce readiness to come to a consensus.
  3. Show the judge the document and the package of papers that were listed earlier.

In fact, everything is simpler than it seems. It is clear how the agreement on children is drawn up.

Sample

What does a sample of it look like? An agreement on children in a divorce might be something like this:

With this document Ivanov Ivan Ivanovich (passport data), hereinafter referred to as the father, and Ivanova Marina Dmitrievna (information from the passport), hereinafter referred to as the mother, establish the procedure for communicating with (full name and data of minor children), the maintenance and living of their ...

  1. The spouses agree that after the dissolution of the marriage, the children will live with the mother at: (address of the mother's place of residence).
  2. Without the consent of the father, the mother has no right to change her place of residence.
  3. The father has the right to communicate with children and their upbringing on an equal basis with the mother.
  4. The mother of the children should not interfere with the communication of the father with the children without good reason.
  5. The father can communicate with minors at any time. Meetings are allowed weekly from 14:00 to 17:00, taking into account the work schedule of the father and children in the territory of the minors in the presence of the mother. Meetings without the participation of the mother are possible with the consent of the ex-wife.
  6. Children can spend all memorable dates and holidays with their father from 10:00 to 12:00. This rule also applies to student vacation time on weekends.
  7. From the moment of divorce, the father transfers 15,000 rubles a month for the maintenance of the children. The amount is indexed annually.

We ask the court to review this agreement and approve it until the children reach the age of 18.

When family relationships lose their meaning and are approaching a breakup, spouses begin to think about the divorce procedure. This process does not always go smoothly.

In many cases, divorce is carried out through the courts and is accompanied by the resolution of various disputes.... The most common of them - the section of jointly acquired property, questions regarding common children.

Such processes, if they are carried out in court, are rather complicated and difficult for both spouses.

The only way to avoid such troubles is an amicable settlement in a divorce, which indicates a fair division of property in a divorce.

An agreement on the division of spouses' property after a divorce makes it possible to resolve everything peacefully... But, not all couples who get divorced can agree with each other.

A compromise between a spouse and a spouse on many controversial issues within the framework of the divorce proceedings is achieved by concluding an amicable agreement.

Its subject may be questions regarding mutual consent to divorce, place of residence, raising common children, division of property, as well as the procedure and amount of payment of alimony.

Thus, a settlement agreement is a document drawn up by a husband and wife upon divorce..

A married couple that terminates their relationship draws up a contract on their own, based on individual preferences and mutual understanding. The parties can resolve all issues the way they need to, taking into account all the nuances of everyday life.

The court must certify the agreement, after which the case on the division of property will be closed.

The spouses must resolve this issue even before the court has made a decision. If the court has certified the amicable agreement, repeated appeal to the court authorities on this issue is not allowed.

The interested party has the right to demand the issuance of a writ of execution. This is especially true in the case when one of the spouses evades the fulfillment of the terms of the settlement agreement.

The court examines the agreement signed by the parties in order to make sure that it does not violate the law and does not infringe on the rights of third parties.

After consideration, the court issues an opinion, by which it approves the conditions prescribed in the amicable agreement.

This conclusion of the court has the same legal force as the court decision regarding the division of joint property.

If necessary, the court can issue a writ of execution and force the other party to comply with the terms of the agreement.

Quite often, spouses do not want to sign a settlement agreement, believing that through the court they will be able to get a lot more property. But this is sometimes a delusion.

Since in practice, in ambiguous cases, for example, when dividing housing, the court may give a completely opposite conclusion to what the plaintiff expects.

In addition, the value of some property may be much lower than the spouses expected.

There are the following main advantages of an amicable agreement:

Cons of the settlement agreement: husband and wife are forced to make concessions to each other.

At the same time, there is a possibility that when the court made a decision, they could receive a lot more property.

It is important to take into account that a court decision will not always be able to meet the expectations of not only the defendant, but also the plaintiff.

The division of the spouses' property in a divorce can only be done in court when it is drawn up during the court hearing process.

There are agreements that spouses can formalize in marriage or after its dissolution.

But they differ from an amicable agreement, which is drawn up only at the time of consideration of the case on the division of property by the court.

This document can be drawn up by one party, after which the other party must familiarize himself with it.

If both spouses agree with the information contained in the document, then they must sign it and submit it to the court for approval, which is carried out only after careful examination of the information that the document contains.

It is important to bear in mind that the court is not obliged to approve the document, therefore, if it considers that the terms of the agreement infringe on the rights of one of the parties or a third party, then it may refuse to approve.

When the court approves the document, a ruling is made. As a result, the considered property distribution case is declared closed.

In accordance with the law, the form of an amicable agreement must be written. The text contains a list of issues under consideration.

In addition to them, the document must contain:

The settlement agreement may be accompanied by various documents that are related to it.... The document is certified by the signatures of the parties and the date of preparation.

Thus, in order to draw up an amicable agreement on the division of property, one should adhere to the above recommendations. In addition to them, the legislation of 2020 does not put forward any specific requirements.

If the husband and wife enter into an amicable agreement, then in most cases the loans remain with those who took them.

Spouses can specify who will repay this or that loan, regardless of who took it. And you can also determine the proportion of payments for each debt.

In such cases, in order to correctly draw up a settlement agreement, it is best to involve a bank employee... Since the solution of financial issues is not an easy process and requires the help of specialists.

In some cases, the spouses have to draw up an agreement on the division of the mortgage. If the apartment was issued in a mortgage for a husband or wife, then they should contact the bank.

There are two options for the development of events:

  1. The bank divides the mortgage amount into two parts, each spouse will pay a certain amount.
  2. The debt is rewritten to one of the spouses, he becomes the only debtor. In this case, the second spouse may take on some other debt.

If the mortgage was issued to one of the spouses, then it is also divided between them or remains with someone alone... In this case, it does not matter when the mortgage was issued, before marriage or after marriage.

The Divorce Settlement of Children is a document that is entered into in writing by the parents at the time of the divorce and approved by the court.

This document may contain any provisions that may apply to common minor children:

  • place of residence;
  • financial security;
  • upbringing process.

The legislation of the Russian Federation does not establish restrictions in the form and content of the document.

Basic principles for concluding a settlement agreement on children:

  • voluntariness;
  • compliance with family law;
  • creation of the most favorable conditions for a child's life.

The main goal of this document is to reach a compromise on all important issues that concern children.

It can be concluded before going to court and filed along with the statement of claim for divorce or already during the trial.

But the execution of the document should be carried out no later than the court makes a final decision.

If married couples maintain a mutual understanding during divorce, then they can conclude an amicable agreement about the children.

But before drawing up the document, you should discuss in detail the main issues related to children:

This list includes the most pressing questions for married couples in divorce. But every family has the right to supplement them with unique conditions that express the care of children.

Thus, the spouses have the right to conclude an amicable agreement upon divorce. This makes it possible to resolve many controversial issues amicably. In this case, the court must approve the drawn up document.

He also checks the agreement for compliance with laws, the interests of common minor children and third parties.

Only after approval, the document is attached to the case and is the basis for terminating the process. In case of violations, the court is obliged to resolve all controversial issues on its own.

Family Russian legislation presupposes the following options for ending a marriage:

  • by mutual agreement, that is, by a common statement of both parties,
  • divorce at the request of one of the spouses if the other does not agree;
  • death of a spouse, or recognition by the court as deceased.

Article 18 of the well-known Family Code regulates the procedure for the termination of the existence of a family. It is possible to carry out the divorce process only by state authorities: by the registry office or by the court (regional or world).

Divorce in the registry office

Divorce in the registry office is quite simple and does not burden spouses... Here they will not ask you about the reasons for the breakup of the family, they will not take measures for reconciliation. Also, a divorce in the registry office does not require much time or financial investments.

In what cases can such a simple procedure be dispensed with? For this necessary fulfillment of the following conditions:

  • mutual consent to divorce;
  • lack of common minor children.

If these conditions are met, it is sufficient come to the registry office and fill out Divorce petition provided by the employees of this institution. It is a standard form.

In general, both spouses are required. But if one of them cannot be present for valid reasons, for example, a business trip, a serious illness, then submission of separate applications is possible... In this case, the signature of the absent husband or wife must be notarized.

As mentioned above, the employees of the registry office cannot directly influence the decision of the spouses to dissolve the marriage bonds. However, legislation for this purpose gives them, so to speak, probation a month long. It starts after writing the application, the next day. If the end of this period falls on a weekend, then the divorce is carried over to the next working date.

If the spouses have not changed their decision during this allotted time, they can single-handedly appear at the registry office where they submitted the application, and take a divorce certificate... In this case, a corresponding entry is made in the passports of both spouses.

Divorce by mutual consent in the registry office be conducted in person, that is, does not allow divorce through representatives.

Divorce in the registry office is possible and at the request of one spouse in cases where the second:

  • declared missing by the judicial authority;
  • sentenced to more than three years in prison;
  • declared incompetent.

Voluntary divorce in a judicial authority

The court also grants spouses a month.

Divorce agreement

This agreement is concluded by the spouses in relation to property and children in case of divorce in court, if there is a mutual desire to dissolve the marriage.

Into the agreement should be included all aspects protecting the rights of a minor child. Namely, you need to indicate with whom the child will be, the amount and form of payment for maintenance for him, and more. Otherwise, the court takes action.

A divorce agreement is an alternative that greatly simplifies the process.