Legally speaking, the emergence of a new family is a registered change in a person’s family status in the records in the Unified State Database of Civil Registration (Database). This record may seem minor, but it entails legal consequences for both persons. Thus, if the spouses will then decide to divorce, the previously mentioned record should be changed correspondingly. In most cases, this administrative procedure is referred to as divorce, much like in everyday life.
Exceptions arise in cases where one of the spouses is against the divorce and (or) spouses have minor children. In such cases, the divorce shall proceed in the corresponding Russian courts. In this article we will only explore the standard administrative procedure.
- Request for divorce (in Russian “Заявление о разводе”)
Both spouses shall submit a request form for divorce to the Registry Office. Termination of marriage based on a sole application may occur in cases where, for example, the husband is recognized by the court as missing, incapacitated or sentenced to imprisonment for more than 3 years.
Apart from the filed divorce request form, the spouses will also need to submit:
– Original of authority’s fee payment document;
– Certificate of registration of marriage.
Any documents which use a language other from Russian shall be translated by a recognized notary into Russian. In case of applying in a Country outside of Russia, the notary translation could be done in a Russian Consulate.
- Which authority is responsible for the registration of divorce?
To terminate the marriage, the spouses will need to refer to the Registry Office at the place of residence or at the place of marriage.
- What if one of the spouses or both of them do not live in Russia?
The spouse can apply for divorce in The Russian Consulate in a country where he/she is living. In these circumstances instead of the divorce fee, a consular fee shall be paid instead (in Russian – “Консульский сбор”).
- What if a spouse refuses to submit the request for divorce?
In this case, your marriage shall be terminated by the correspondent Russian court. It should be mentioned that in the absence of the consent of one of the spouses to the divorce, the court has the right to take measures to reconcile the spouses and postpone the proceedings for no more than 3 months.
- Can a person who does not live in Russia divorce remotely in the absence of the consent of his(her) spouse?
Yes, in this regard, he/she can authorize a legal representative to file the divorce case in the relevant Russian court and represent him/her during hearings.
- Obtaining of a Divorce Certificate (in Russian “Свидетельство о разводе”)
After 1 month from the submission of a divorce request, if no spouse applies for its cancellation, the authorities will create the corresponding records and issue a Divorce Certificate. Ex-spouses or his/her legal representative will have to obtain the certificate by themselves.
- Is it possible to obtain a Divorce Certificate remotely?
Yes, in this such case, an ex-spouse can authorize another person to do this for him/her.
If you have any questions, you can send them to D’Andrea and Partners using the following e-mail address: email@example.com.