The scourge of the modern world is an ever-increasing number of divorces. Today, in the territory of the CIS countries, Belarus holds an honorable second place after Russia. And there are many reasons for this - from the fact that they did not agree on the characters, to banal violence. Inability or unwillingness to maintain a relationship often brings a split in the family, drawing not only spouses into ugly showdowns, but also children and other household members. In the asset of these sad statistics in Belarus there are already more than 30 thousand divorces, where young couples who officially formalized their relations for the first time are in the forefront. What is the difference from other countries in the divorce in Belarus. What documents will be required to dissolve a marriage?
According to civil legislation in Belarus, a divorce can be obtained in two ways - by submitting a corresponding application either to the registry office or to the court. And to begin in both of these cases you need to collect the necessary necessary papers. But specifically what documents are needed for a divorce in Belarus will depend on the situation in the family. If there are neither joint children, nor property claims, the package of documents will be one. And when a family divorces children, it’s another; when sharing property, it’s the third. Consider what documents are needed for a divorce in Belarus in each of these cases.
Divorce through the registry office. Documents
In order to be able to divorce by filing an application with the registry office, it is necessary that the spouses have a mutual desire to terminate family relations. But one desire for a divorce through a registry office is not enough. In order to obtain the right to file documents for a divorce in the registry office in Belarus, you also need the divorced couple to have married underage children and the absence of mutual property claims. Only if all three conditions are met, is it possible to officially break the family relationship through a joint trip to the registry office to file for divorce. When submitting the application, both spouses must be present, and the day on which the divorce procedure is assigned is agreed with both of them. However, no period for reconciliation is given to them.
In order for the procedure to take place in the registry office, what documents are needed for a divorce in Belarus? Such a divorce will require very few documents, since there are no contentious issues and no interests will be infringed upon as a result of the divorce. Documents submitted to the registry office for filing for divorce in Belarus:
- application of the approved form - filled in by both spouses upon submission;
- passports of both divorced;
- receipt of payment for divorce.
At today's rates, the termination fee is 4 base units, which correspond to 100 rubles. If the spouses do not have conflicts or property disputes, then officially they will receive a certificate of divorce and the corresponding marks in the passport in two months. After such a simple and easy burden of divorce, each of the spouses becomes a free person, quite ready for a new life and establishing official relations. The surname must be indicated immediately on the desire to change the results of the divorce, in the application for divorce.
Divorce through the registry office. Nuances
A divorce through a registry office has its own nuances. So, if one of the divorcing spouses cannot, for good reason, be present in person at the dissolution of the marriage, he should take care of preparing an appropriate statement requesting that the marriage be dissolved in its absence. This statement must be witnessed by a notary or other official authorized to take such actions, and submitted to the registry office before the divorce proceeds. All documents must be submitted at the place of residence or stay of one of the spouses or both of them.
Court Divorce Procedure
If the relationship between the spouses is not so smooth and there are certain disagreements, then the divorce is made during the trial. We will consider below how this happens and what documents are needed for a divorce in Belarus through a court. Where to start a divorce proceeding in court? Under current law, the first thing to do is to file a statement of claim at the place of residence of the defendant. But there are exceptions to this rule, therefore, if a lawsuit is filed against a person legally recognized as legally incompetent or missing, as well as if the defendant is convicted of a crime for more than three years, then the lawsuit may be filed with the judicial authority at the plaintiff's place of residence . The same right is granted to the plaintiff if children of minor age live with him or the state of health is such that the plaintiff cannot appeal to the court at the location of the defendant.
When filing a claim, a state duty is levied, the amount of which depends on the nature of the claim. If this is a simple divorce statement - 3 basic units, corresponding to 24.5 rubles. When an application for divorce is submitted - 5 b.v., and if the defendants are persons convicted, legally incompetent or missing - 1 b.v. Divorced people should know that when filing a lawsuit for divorce with a division of property, a fee must be paid not only for divorce, but also for the division of joint property.
Spouses who have filed a lawsuit for divorce are given three months for possible reconciliation and agreement on the division of joint property, as well as a decision on the further residence of children and their maintenance. Three months later, the marriage will be dissolved if the court determines the impossibility of reconciliation and coexistence of the family. If the court sees the preconditions for reconciliation, it has the right to postpone the proceedings to a later time, providing the spouses for reconciliation up to six months.
When is the period of reconciliation not granted?
At the same time, the legislation clearly stipulates cases when the period for reconciliation is not provided:
- if the second of the spouses is legally declared absent missing;
- if another spouse is recognized legally incapable of dementia or mental illness;
- if the husband or wife is sentenced to imprisonment for more than three years.
Marriage can also be terminated without a deadline for reconciliation, when there is mutual consent of both spouses to divorce and there are no joint children of minor age.
Documents
So, what documents are needed for a divorce in Belarus through a court. To file a lawsuit for divorce with the court, in addition to the application itself, the following documents must be attached:
- copy of the statement of claim for the second party;
- original marriage certificate;
- copies of birth certificates of children;
- receipt of state duty;
- other documents that are necessary to confirm the claim.
In the absence of property disputes and claims between spouses, they may conclude an agreement or a written agreement on the voluntary division of property acquired jointly. Such a document must be certified by a notary. If one of the spouses receives an apartment by inheritance or a gift contract during marriage, this property does not participate in the mass shared between the spouses. But it’s better to attach copies of documents proving the ownership of a particular spouse to the documents.
When is it impossible to divorce by law?
We found out what documents are needed for a divorce in Belarus. Returning to the issue of divorce, it is worth highlighting cases where it is considered impossible by law. Such cases include:
- pregnancy of the wife during the period of registration of the divorce - there must be her written consent, notarized. If the wife does not agree to a divorce during this period, it is necessary to submit a document to the court confirming the fact of pregnancy;
- the child’s age is up to three years - the second spouse with whom the child actually lives and who cares about him at the time of going to court, must give his notarized written consent for divorce, otherwise the lawsuit will be rejected by the court.
How to proceed further with a divorce through the court?
All collected documents can be submitted to the clerk of the court personally or through a proxy if he has a notarized power of attorney to conduct such actions. And you can send them by registered letter with a list of attached documents and a notification of their receipt by the court. If the application is filled out correctly and all documents comply with the requirements of judicial law, then the claim will be accepted for production within three days. The court will provide three months for a peaceful resolution of the issue and preservation of the family. If after this period the desire to dissolve the marriage does not disappear, the judicial procedure for consideration of claims will begin.
However, often the court has to take measures during the divorce proceedings to protect the interests of children of minor age and disabled spouses. How to correctly resolve the issue of who the children will remain with so as not to infringe on their feelings and material interests?
Divorce through the court in the presence of minor children and disputed property
When spouses file a lawsuit for divorce, while having underage children, they should approach this important issue as seriously as possible, forget about their disagreements and claims for a while and civilly resolve all the necessary issues related to the well-being of children. First of all, preparing documents for a divorce from a child in Belarus, it is necessary to reflect the entire situation in detail in the statement of claim. Be sure to specify the place and date of this marriage, provide detailed information about the children - full name, age, other details.
In addition, to state the motives for divorce - they must be very convincing. Indicate how parents are going to decide on the issue of living of children and their financial support. Moreover, in addition to marriage certificates and the birth of children, it is necessary to attach a statement of income of the parent who will pay child support, as well as an inventory of property when it is divided indicating what children will get from it. The court in the proceedings may require other documents or materials.
If property was acquired in a marriage that is claimed by both parties to the process, the documents for divorce and division of property in the Republic of Belarus should contain not only a detailed list of available property and spouses' claims regarding an object or object, but also a good reason why this property must be awarded to this particular spouse. In any case, such a marriage cannot be dissolved without the provision of three months for reconciliation, and during this period it is necessary to resolve disputed issues as much as possible through mutually beneficial agreements and compromises.
How to decide who the children are with?
The main issue in a divorce is not even property claims, but who the children will live with and what their financial support will be. If such an agreement between the parents is not reached in terms of profitability for the child, the court can make its decision taking into account the following factors:
- the rationality and adequacy of each of the parents;
- level of their financial security and housing conditions;
- personal affection of children to one of the parents;
- the child’s opinions about who he would like to continue to live with (taken into account after reaching 10 years of age);
- who can take care of children more;
- what is the opinion of the guardianship authorities in this matter.
Written agreement
If the parents have reached an agreement on this issue, they must conclude a written agreement, where they should write down all these important points for the child:
- where and with whom will the children live;
- whether all children will remain with one parent or whether they are separated;
- what is the size of the alimony (other forms of material support should be reflected, if any);
- describe the procedure for further communication of the second parent with their children and other serious things.
As a rule, a child under the age of 10 remains with his mother, 10 and older takes into account his opinion, which he must voice in court.
Conclusion
We figured out what documents are needed to file for a divorce in Belarus. Features of the event were considered in the article. Divorces in Belarus are carried out in the same way as in the entire civilized world, taking into account not only the opinions and interests of parents craving for a divorce, but also with maximum attention to the interests and affections of children.