The issue of ending a marriage causes difficulties not only in the field of psychology, but also in the scope of the law. This event is always associated with the destruction of the prevailing family structure, and in most cases with nervous shocks. Legal relationships between former family members are also changing. This entails the creation of a new property regime, relations with children, unforeseen expenses. Such nuances are regulated by law and require familiarization with yourself first of all by those who decided to leave their family life.
When can a marriage be terminated?
In order to carry out a divorce, the legal grounds for termination of marriage (prerequisites) for this are necessary.
The legislator identifies them very clearly. It:
- The death of a husband or wife, as well as the declaration of one of them as dead in court. The second case is possible at the request of the living spouse, if the place of stay of the second half has not been known to him for five years, or he went missing in conditions that carry a risk to life.
- Joint statement of divorcing or one of them.
- Statement by the legal representative of the legally incompetent spouse.
Restriction of the rights of the husband
An unexpected pregnancy takes an unprepared man out of himself: new chores, increased costs, a capricious wife. Of course, he hurries to the registry office to legally break off relations. However, there he receives clarifications that a couple expecting a child cannot divorce without the consent of his wife.
This is also not allowed during the year after the birth of the baby, the birth of a dead child or his death before the first year. This rule of law is easy to explain, taking into account the internal state of the expectant mother. A divorce will certainly not benefit her health, both physical and emotional.
Registry office or court?
Everyone knows that divorce can be done in these two bodies, but how to determine in which situation where to go? The Family Code provides a clear answer to this logical question.
It is customary to divorce in the registry office if there is mutual agreement and there is no dispute about children. However, termination is possible without revealing the desire of the former second half, if there are the following conditions for the termination of marriage:
- status of missing;
- disability due to mental illness (must be confirmed by court);
- criminal punishment in the form of imprisonment for a term exceeding three years (meaning real, not conditional, punishment).
In court, unions are terminated when:
- the marriage left a minor child;
- one of the spouses does not support the idea of divorce;
- husband or wife agrees to a divorce, but they are not in a hurry to go to the registry office.
Dates and Procedure
- Exactly 1 month from the date of application by one or both spouses - in the registry office. Under this procedure for the termination of marriage, a certificate is issued confirming its dissolution.
State registration of divorce is carried out at the place of residence of the spouses or at the place of registration of their marriage.
- Does not exceed 3 months - in court, if a conciliation period is set.
- At least 1 month - in court, if the couple did not agree on the future fate of the child.
In court, spouses are considered divorced from the moment the court decision comes into force, and in the registry office from the date of state registration of the termination of marriage.
Deprivation of Spouse
Those wishing to resort to a divorce procedure are interested in the legal consequences of ending a marriage. And they are: the cessation of all rights, duties and statuses arising from family life.
- Surname. Upon marriage, the spouses are given the same surname (if they wish), if the union is terminated, you can not save it, but return the original one, thereby shaking off the burden of family sorrows and insults.
- Own. The property that the husband and wife acquired together is divorced in half when divorced. The foregoing is a general provision, and, as you know, there are exceptions to the rules. The principle of equal shares may be violated if the interests of children or the other spouse are affected (for example, if he became incapable of work during the marriage, then part of it may be increased).
- Deals. If, being married, one spouse could dispose of the property, sell, give, lease, without receiving the consent of another, then now everything is different. Divorced people can continue to live in one apartment, but each will have their own share in the property, so choosing the fate of other people's things will not be so easy. This requires, at a minimum, written confirmation of the other party, and in some cases certified by a notary.
- Inheritance. In the event of the death of the former spouse, it will be impossible to claim the property left by him.
- Pension benefits. With the termination of the marriage, the receipt of consolation bonuses in case of loss of a spouse on the grounds established by federal laws is also lost.
What is left?
- Alimony. This question is a sore point for both former spouses, but falls on their shoulders with a heavy and difficult to remove load. A former husband or wife is required to support a second party, if necessary, as well as a child.
- Parental Rights Children after a divorce do not disappear. A parent living separately from his child, not only can, but also must help in the material and financial maintenance of the child, as well as take part in his upbringing. The other parent is not allowed to prevent this. They ceased to be husband and wife, but not father and mother.
Termination or invalidation of marriage?
The concept of the termination of marriage and its invalidation by many is perceived as one and the same. However, this is not the case. If the marriage relationship existed legally, concluded with the observance of the conditions and the absence of obstacles to registration, then the union is broken by termination in the registry office or the court. In this case, the marriage was. According to the second scheme, the family was originally created in violation of the requirements of the law (not reaching marriageable age, spouse's incompetence, not warning about HIV infection and others). In this situation, the marriage is annulled, that is, we can assume that it never existed, and, therefore, there was no jointly acquired property, hereditary relations, and so on.