Almost everyone sooner or later begins to be interested in marriage and divorce. These operations help create families and break up with spouses if necessary. What remains to be learned about them? How to get married or divorced? We will try to answer all this further. Below we will consider the legislative framework of these operations and step-by-step instructions for their implementation. After that, the main questions regarding the wedding and divorce will be revealed.
Deciphering concepts
The concepts of marriage and divorce can be found in the Family Code of the Russian Federation. Thanks to this set of laws, citizens are able to clarify the characteristics of life in the family.
The marriage is usually called the union between a man and a woman, formalized. He must be completely voluntary. After the wedding, the couple becomes husband and wife with equal rights.
Divorce is the official break of the union between spouses. It must be issued in accordance with the established rules. Divorce is carried out either in the registry office or in court.
Reasons for a wedding
Marriage and divorce have many features. Let's start with the wedding. This is a joyful event, which is carried out only subject to certain rules.
Namely:
- The decision to marry must be voluntary. The disagreement of the bride or groom makes the operation impossible.
- You can not "play a wedding" between blood relatives, with disabled persons or with children.
- Registration of marriage is allowed from the age of 18. In exceptional cases (for example, the pregnancy of the bride or emancipation of the applicants) - from 16.
- The basis for the registration of a family in the registry office is a joint statement of the spouses.
That's all. As practice shows, there are no problems with weddings. The main difficulties arise at the stage of divorce. But we'll talk about him later.
How to get married
The conclusion and dissolution of marriage is carried out according to certain principles. We have already familiarized ourselves with the basic conditions for holding a wedding. And how to carry out the corresponding operation?
To register a marriage, citizens will need:
- Make an application for registration of relations in an official manner.
- Prepare a series of documents required for the operation. We will talk about them later.
- Introduce a state fee for manipulation.
- Contact the registration authority for the implementation of ideas.
- Set a date for painting.
- On the designated day and time, come with the groom / bride to the registration authority and register the union.
During the operation, the spouses will be given a certificate of the established form. It indicates the data of the husband and wife, the place and date of registration of the relationship.
Documents for painting
In Family Law , marriage and divorce are important procedures. The first operation creates additional rights and obligations of citizens, and the second terminates them. Therefore, everyone should know about the wedding and divorce. Especially if a person plans to start a family and give birth to children.
In order to conduct a wedding, citizens need the following documents:
- joint statement;
- passports
- coupon with paid duty.
Nothing more is required. If a citizen previously married, he will have to present a certificate of divorce.
When painting with a foreigner, it is necessary to additionally prepare:
- translation of a citizen’s passport;
- RVP / residence permit or other document confirming the legal presence of a person in the territory of the Russian Federation;
- migration card.
Usually, no real problems with preparing documents arise. The cost of registering a marriage is currently 350 rubles.
Property relations of spouses
After the wedding, the husband and wife have certain rights, duties and responsibilities. These components are indicated in the Family Code of the Russian Federation.
Special attention should be paid to property relations. After family registration in the registry office, all property acquired by spouses is recognized as common. Exceptions are objects received in the course of inheritance or gift.
Husband and wife must dispose of, own and use joint property on an equal footing. You can draw up a special agreement between the spouses after marriage - a prenuptial agreement. Termination of relations in this case will take place without much hassle.
The thing is that a prenuptial agreement is a means of regulating property relations between a wife and a husband. Here the principles of the division of ownership, disposal and use of it are prescribed. The document can be signed at any time of marriage. After a divorce, it is not issued.
Reasons for Divorce
The conditions for the conclusion and dissolution of marriage will have to be remembered by every adult. Otherwise, citizens will face enormous problems in creating and abolishing the cells of society.
The following conditions may serve as grounds for termination of the marriage:
- mutual desire of spouses;
- desire to divorce husband or wife;
- spouse's death;
- recognition of a wife or husband as legally incompetent, missing or dead;
- sending a spouse to places of deprivation of liberty for more than 3 years;
- the presence of a statement of the guardian of the spouse, recognized legally incompetent;
- court decision regarding divorce.
In other words, if you want to terminate official relations, you can do it. Especially if there are no children and property "conflicts". These are the simplest situations of all real ones.
When divorced in the registry office
We learned the basics of legal regulation of marriage and divorce. What else should husband and wife remember?
For example, under what circumstances can citizens conduct a divorce proceedings through the registry office. This scenario is considered the simplest. It is allowed if:
- spouses have no disputes;
- there are no minor children in the family;
- husband and wife mutually agree to a divorce operation.
Someone against the mentioned procedure? Under such conditions, the registry office will only register the relevant court decision.
Without the presence and participation of a spouse, you can contact the registry office if:
- the spouse has died or been declared dead / missing;
- husband or wife sent to prison for 3 years or more.
As we have said, this is the simplest scenario. Marriage and divorce in the registry office are carried out without much hassle and unnecessary disputes.
When bred in court
It has already been said that you can divorce through the courts. This practice is becoming more common, especially among those who have long lived in officially registered relationships.
Divorce in a magistrate or district court will occur if:
- husband or wife does not agree with the divorce process;
- there are property disputes;
- there are minor common children (including adopted).
We studied the conditions for marriage and divorce. The procedure for translating ideas into reality will change depending on life situations.
Exception for women
Earlier, the conditions for the conclusion and dissolution of marriage were presented. You have to take into account that you can not always get a divorce. For women, there are a number of exceptions. It allows you to protect your wife from termination of the relationship on the initiative of a man.
By law, a man cannot file for divorce if:
- his wife is pregnant;
- it has not been twelve months since the birth of the baby.
In the situations described, the initiator of the termination of family relations may be a woman. This is not the most common practice, but it takes place in real life.
How to get a divorce in the registry office
How to file and file a divorce through the registry office? It is proposed to do this as follows:
- Collect certificates requested by government agencies. Typically, the list of extracts is limited to an application, passport and marriage certificate.
- Pay the operation fee. At the moment, it is 650 rubles (with a unilateral divorce - 350 rubles per person).
- Fill out a divorce application and apply to the registry office at the place of residence of one of the spouses. The application can be sent to the authority where the couple was painted.
- Wait. Under current laws, spouses are given a month to reconcile.
- After the specified period from the date of application, take the certificate of divorce of the established form.
It is done. Within a month from the moment of contacting the registration authority, the spouses can pick up the application.
Important: marriage and divorce do not affect parental rights and relationships with children.
How to get a divorce in court
A few words about how you can terminate a relationship with a husband or wife in court. Similar situations arise more often. And they have to prepare in advance.
The algorithm of actions in this case will be as follows:
- Make a divorce lawsuit. Here it is necessary to describe the situation in the family and put forward their requirements. For example, regarding who with whom the children will live after the procedure.
- Contact the judicial authority with pre-prepared certificates. It is advisable to send a request to the place of residence of the defendant. It is required to send a “claim” to the world or regional department.
- Participate in litigation at the appointed time. As a rule, they begin in ten days.
- Take the court ruling with one decision or another.
- Contact the registry office. Here you have to issue a certificate of successful completion of the divorce operation.
Various situations may arise during litigation. Therefore, we further consider the general list of papers that will help the plaintiff and defendant.
Documents for the court
We examined the conclusion / divorce in the Russian Federation. To file a divorce through a court, the following statements may come in handy:
- statement of claim;
- passports of the parties;
- pregnancy certificates;
- extracts on the birth of children or on their adoption;
- characteristics from the place of work of each of the parties;
- prenuptial agreement;
- title documents for common ownership;
- income statements;
- any materials that characterize one side or another as safe or dysfunctional;
- marriage statements.