It's no secret that in Russia the situation with creating families and divorces is deplorable. Many couples get married quickly, and after some time they disperse. Is there a penalty for a divorce in this case? Does this process involve any expenses from the spouses? If so, how much will you have to pay? The answers to these questions we have to find below. In reality, everything is not as complicated as it seems. The main thing is to closely monitor changes in Russian legislation.
Family law
Penalties for divorces in Russia take place or not? This issue worries all citizens who have decided to divorce. After all, far from always a man and a woman manage to get along together.
Family legislation of the Russian Federation indicates that marriage is a mutual decision, and its dissolution can occur unilaterally, but at the initiative of one of the spouses. In fact, the law does not prohibit divorce. This is the business of every couple. But is there a fine for divorce in the Russian Federation?
Penalties - true or fiction?
It is not as difficult to answer as it might seem initially. There are no direct fines for the dissolution of an official marriage in Russia. As already mentioned, the creation and liquidation of new cells of society is the decision of the spouses. Therefore, no one forces anyone to be married by force. And the state will not punish for this either.
This means that fines for divorce are a myth. Such a measure violates the established legislation and limits the constitutional and civil rights of the population. You can not force a person to create a family. And punishing him for divorce is also prohibited.
Not a free procedure
Nevertheless, the dissolution of an officially registered marriage will have to pay. This is a state fee. It occurs during the execution of the bulk of the documents.
So, for the conclusion and dissolution of marriage, citizens are required to pay a state fee in the prescribed amounts. She changes from time to time. That is why the population is advised to carefully monitor the existing changes in the legislative system of the Russian Federation. The latest adjustments occurred in 2017. About them will be discussed later.
Influence factors
What is the penalty for divorce to pay the husband and wife? By the term referred to below, we will mean state duty. Indeed, in Russia, divorce is not a crime and is not punishable by law.
It should be noted that many factors influence the size of the state duty upon divorce. Namely:
- body in which the operation is performed;
- the need for the division of property;
- cost of jointly acquired property;
- the desire of the spouses when deciding on a divorce.
It follows that it is far from always possible to unequivocally answer the question posed. Next, we will talk in more detail about how much you will have to pay for a divorce under certain circumstances.
Through the registry office
Let's start with the simplest scenario: the relationship is broken through the registry office by mutual consent of the spouses. The division of property in this case is not provided.
The "fine" for a divorce (state duty) in 2017 is 650 rubles. In 2016, citizens had to pay 400 rubles for a similar operation. This state duty is paid in a single payment from both spouses.
Registry office and unilateral procedure
But what if the husband / wife does not agree with the divorce? This is not so rare. It is possible to divorce through the registry office, but only in exceptional cases. The main thing is that the spouses do not have minor children.
To date, the registry office unilaterally bred:
- if the spouse is sentenced to more than 3 years;
- upon recognition of the husband / wife as missing / dead;
- if the second spouse is declared legally incompetent by a court decision.
How much "fine" for a divorce will be in these situations? You will have to pay much less. The size of the state duty is reduced to 200 rubles. It is paid by the party that has expressed a desire to divorce.
Through the court
The situation is different with the dissolution of marriage through the courts. Here the exact cost of the process is impossible to predict. But citizens can find out the size of state fees for the process under study.
So, to file a lawsuit on the dissolution of the marriage, the plaintiff will have to pay 650 rubles. That is how much the statement of claim costs. After the hearing, citizens will have to produce divorce certificates. Each copy costs another 650 rubles. Total, a "fine" for a divorce will cost 1,300 rubles, excluding additional costs.
This option is relevant if the parties do not have common property. But what if shared ownership is required? How much will the state have to pay for the divorce proceedings in this case?
Minimum upon division of property
As already mentioned, the exact size of the payment is problematic to determine. In Russia, there are lows that should be relied on. After all, when divorcing through a court with a division of property, you will have to consider the value of the common property.
The minimum fee is 400 rubles. This payment is made by the party that claims to part of the joint property. But sometimes you have to transfer more money to the state treasury.
Of course, no one exempts anyone from the costs of producing a certificate of divorce and filing a lawsuit. These are mandatory additional expenses that the spouses will face.
Other payments
The “fine” for a divorce in Russia may vary. Especially when it comes to sharing everything that was acquired in marriage during the existence of the family. A huge role here is played by the value of the property.
We have already met with the minimum payment. How much will you have to pay in the form of a fee for a divorce with a division of property under certain circumstances?
If the value of the common property exceeds 20,000 rubles, then the citizen must pay 800 rubles + 3% of the value of the shared object to the state treasury. But that is not all. When the total property costs more than 100,000 rubles, you need to pay a fine of 3,200 rubles + 2% of the price tag for the object. Payments do not end there.
For property, the estimated value of which is more than 200,000 rubles, you need to pay 5,200 rubles + 1% of its price. Are you talking about large real estate? When property costs more than 1,000,000 rubles, 13,200 rubles and another 1.5% of the value of the objects to be divided must be transferred to the state treasury when filing a lawsuit. Such amounts are relevant for the Russian Federation in 2017.
Maximum payments
It would seem that there are no significant restrictions on state fees for divorce when dividing property. But actually it is not. As already mentioned, in Russia there are minimum payments. Along with them, there is a maximum “fine” for the division of property during the divorce proceedings.
The maximum that can be transferred to the state in the situation under study is 60,000 rubles. A large amount does not take place. Unless you have to pay for a copy of a divorce certificate at the registry office.
Penal plans
We have already found out that no real fines for divorce are envisaged in Russia. This initiative violates the rights and freedoms of people. Nevertheless, various measures to preserve families are often discussed in the Russian Federation.
Among the most common ideas there are proposals in which fines are imposed for divorce. The traffic police (or rather, the Ministry of Internal Affairs) and the State Duma do not support such an initiative. According to its developers, you need to pay 30,000 rubles for a divorce. This amount is significant for most families, it supposedly will help prevent most of the divorces in the country. Indeed, at the moment, the state duty is small, all couples can pay it.
According to the Ministry of Internal Affairs, such a decision will not only violate the rights and freedoms of the population, but also lead to the growth of fictitious marriages. All this will adversely affect family values. And people who decide to get a divorce will pay any fines and fees for the implementation of the task.
conclusions
Now it’s clear how much the “fine” for a divorce in Russia will be in one case or another. It is necessary to take into account numerous factors when searching for the answer to the question studied. It’s enough to remember that a divorce by mutual agreement through the registry office in 2017 costs 650 rubles.
So far, no real penalties for the operation under study are provided. And such a measure is unlikely to find support in the State Duma. Therefore, it is enough to remember that the divorce process, like the wedding, requires the payment of state fees in one way or another.
As it is not difficult to guess, a divorce can be filed through the registry office or through the court. Usually a lawsuit is filed at the place of residence of one of the spouses. Magistrates' courts are recommended to apply in the presence of property disputes.
Perhaps these are all the limitations that should be remembered for today. Marriage and divorce are operations that are available to each couple. And this fact pleases the population of the Russian Federation.