the main > Divorce > Download sample of divorce statement. Sample application for divorce through registry office


Download sample of divorce statement. Sample application for divorce through registry office




Filling out a declaration of divorce by mutual consent requires care and accuracy. Only relevant data should be entered into the document. The marriage union is terminated by mutual decision in the absence of young children in the family and property disputes through the registry office. There is a special form that you need to download and fill out. The divorce procedure in this case takes place in record time and does not require the participation of lawyers. The application form remains elementary. The couple is able to independently prepare a statement on form 8, a sample of which can be found in the registry office at the place of residence.

As in 2016, a couple can apply through the registry office if there are no property disputes within the family. It is possible to talk about divorce in a simplified procedure even if the second important condition is observed - the absence of young common children.

The standard application form for the dissolution of marriage contains columns that should be filled spouses. At the top of the sheet indicate the name of the department, where documents will be transferred, and personal data of participants in the process. The established application form must contain an indication of the type of document. Applicants must indicate their desire to end family relations and fix the dissolution of the marriage. It is necessary to emphasize that the parties came to this decision by mutual agreement. In addition to the full passport details of the participants in the procedure, it is necessary to enter the names that the parties will wear upon divorce in the form.

The standard sample contains a field to indicate the formal reason for the divorce. If there are common children, it is necessary to enter their personal data in the application, indicate the age at a given time. Even the presence of the only common child, even if of adolescence, will become an insuperable condition for divorce through the registry office. Such cases are within the jurisdiction of the justice of the peace, therefore it is necessary to prepare a statement of claim and collect a wider package of documents.

In addition to the above data, form 8 for divorce through the registry office contains a request for divorce, the date of writing the statement. At the bottom of the sheet, participants in the process put their signatures with decoding.

Attachments to the application

Having filled the form, the former spouses must make sure that they have collected the necessary minimum package of documents. A list of them can be downloaded from popular sources. In the registry office, participants in the divorce proceedings are required to provide civilian passports with copies of all completed pages, the original and a copy of the marriage certificate. If you have minor children, you will also need birth certificates or civil passports with copies.

In order for a divorce to be allowed through the registry office, it is necessary to have an agreement drawn up in advance about the further residence of children. It is equally important to prepare a marriage contract for the division of jointly acquired property upon the dissolution of the marriage. Even if before the submission of the application for divorce in the family there were no disagreements regarding the distribution of property, then after filing the papers for the registration of the divorce there may be any.

Important!  Secure any agreements on paper and give them legal force in order not to face new problems during a divorce.

Formalities

When applying for a divorce, both spouses must pay a state fee for the event. You can download a sample of it from official sources. Payment of state duty for a divorce is made by any available means. Applicants provide a completed form and a copy of the payment document.

The size of the mandatory payment in the registry office has not changed since 2015 and is 400 rubles for each spouse. These data can be downloaded from official sources, anyone who is preparing to break off family relationships. The figure is reflected in the Tax Code and remains unchanged regardless of the institution where the divorce is made. If the application form is filled out by one family member, the state duty will be reduced to 200 rubles. If you are going to download a sample payment document, carefully check all the details of the recipient. You must download the latest information, otherwise the payment will not be accepted. The application form in such a situation is supplemented by an indication of the reasons why the second spouse does not participate in the event.

For valid reasons, the application of the civil registry office specialists may not be available to persons who are serving sentences in places of imprisonment for more than three calendar years. The rule also applies to partially capable citizens. The application form about the commencement of the divorce proceedings through the registry office and persons recognized as missing will not be signed. If your family has at least one of the listed cases, it is necessary to include an indication of these circumstances in the form.

Important!  If the sample application plans to download and file one spouse and provides the form through the registry office in person or through a representative, he must enter in the form an indication of the reason for the absence of another family member.

Divorce by filing an application under Form No. 8 to the territorial registry offices is possible only with the mutual consent of the spouses and the absence of their children under the age of 18 years. In other cases, the process of divorce proceeds in court.

You can download samples of application forms for divorce carried out by civil registry offices from the official sites of territorial entities that maintain civil status records. The required form is marked №8, suggesting the dissolution of the marriage through the voluntary consent of each spouse.

What to indicate in the documents on divorce in the registry office?

The form of the required form should be filled in by both spouses, indicating:

  • Surname, name, patronymic; place / date of birth;
  • Nationality;
  • Address of the actual residence;
  • Passport data of a citizen of the Russian Federation;
  • The number and date of the document, the name of the registry office that issued the paper on marriage;
  • Family names assigned to spouses upon completion of the divorce process.

The mutual readiness of the spouses to dissolve the marriage through the registry office implies that there is no litigation between them that affect jointly acquired property and mutual rights. In other situations, the decision to terminate a marriage under certain conditions is made by the court.

After completing the form of the application form No. 8 for the dissolution of a marriage through the registry office, the spouses are obliged to pay a state fee (650 rubles from July 1, 2015) for processing the application. Then they should:

  • Visit the registry office, handing it to the employees a completed application form for a divorce, a duty payment check, a marriage certificate and a spouse's passport;
  • In the event of the impossibility of the presence of someone from the couple during the registration of the application for divorce, the registrar department employee receives two copies of form No. 8, having a notarial certificate.

  After 30 days, the ex-spouses receive a copy of the certificate of dissolution of marriage. It should receive each party personally.

What else should you know when divorcing in 2017?

A marriage that is terminated using form No. 8 should not affect minor children. Therefore, for a divorce through a statement in the registry office, a couple of children under 18 years of age are fundamentally absent. Under certain conditions, the marriage is dissolved through the registry office without the mutual consent of the spouses, by a court decision. After the court renders such a verdict, the spouses will need a sample application in Form No. 8 - no differences from the procedure described above are assumed. Form 8 does not include lines to explain the reasons for divorce.

Before entering information into the form number 8 carefully examine the sample, so as not to be mistaken in the process of transferring your data to the form. Drafts filled in as examples are available on the sites of the registry office. The sample form will allow you to understand what information you need to correctly fill out the application without errors or redundant data.

The process of termination of marriage through the registry office is regulated by several documents. The key is the Family Code of the Russian Federation, the fourth chapter of which describes in detail the circumstances and conditions for the termination of the marital relationship. The termination of the marriage on the application with the registrar is described in detail in article 19 of the IC. A separate section dedicated to the dissolution of marriages through the registry offices, is in the Federal Law №143.

Civil registry offices sometimes refuse to register applications for divorce, but this decision can be challenged through a world court. Couples who have signed the application for divorce should not be under pressure from the registrar office or receive instructions from them “think”, “you have time to reconsider the decision”, etc. Interference into the divorce process of third parties is also not allowed - all decisions are made only by the spouses.

If it is impossible to fill out the form No. 8, the spouses submit to the registry office a statement in simple written form (written by hand), but with an indication of all the data provided for in the official form. Employees of the registry office can not refuse to accept such a statement, since it does not contradict the norms of the RF IC.


The dissolution of a marriage union is classified as a change in the civil status of two persons who were previously married and decided to break these obligations. Responsible for registration of this procedure, the state appoints the registry office.

Divorce by mutual agreement

Divorce through registry office without the presence of a spouse

There are a number of situations when it is authorized through the registry office. They relate to the facts about the second member of the family. Divorce terms  stipulate the status of the second spouse:

  1. Recognized during the court hearing missing.
  2. The court stated the lack of capacity.
  3. A court sentence sentenced to imprisonment of 3 years.

If these conditions occur, then under the age of 18 years does not act as an obstacle to the procedure.

Terms of divorce  standard, take 1 month. Divorce cost  will cost the applicant in the amount of 350 rubles.

How to file  for divorce:

  • in the registry office to fill out an application and attach documents, among which - the grounds for termination under this scheme;
  • a month later, get a divorce certificate.

The important point is the need second-party alerts. It is necessary:

  • indication of the place of detention;
  • information about the last known address of the missing person and property manager;
  • contact details of the guardian.

The application for divorce through the registry office

Application forms are approved. Samples are different under different conditions:

  1. At the request of both spouses (form number 8). See and download here:. The form is filled in by both applicants, indicated:
    • Full name, date of birth;
    • passport details;
    • citizenship;
    • information about marriage;
    • nationality (optional);
    • data on accommodation.

    The names that will be assigned after the divorce are indicated (wives may return the maiden name).

  2. On the initiative of one party (form No. 9). See and download here. Filling is conducted by one spouse:
    • personal data;
    • information about the spouse;
    • indication of the grounds for divorce (judgment, sentence);
    • information about marriage;
    • passport details of the applicant.

    Also, the applicant chooses the name and indicates the coordinates to communicate with the second spouse, his representative.

Required documents

Consider what documents are needed for a divorce through the registrar. The minimum package is required for a couple who divorces by agreement with each other:

  1. identification;
  2. a certificate;
  3. receipt of payment of duty.

The fee is paid by both parties to the divorce.

Documents are provided to the registrar when filling out an application.

Unilaterally  must submit:

  • applicant's passport;
  • marriage certificate;
  • a document giving the opportunity to dissolve the union without a second party: a court decision (on incapacity, granting the status of a missing person), a sentence of imprisonment;
  • check for payment of duty.

Conclusion

  1. The termination of a married couple in the registry office is carried out in the absence of children under 18, property litigation and the consent of citizens to divorce.
  2. One spouse can dissolve a family if the second is incapacitated, lost or convicted and this is confirmed by documents.
  3. The procedure is based on the application provided.
  4. The term is 1 month.
  5. Registration requires payment of state fees.

The termination of the marital relationship due to separation occurs today in almost every fifth couple. As you know, a divorce today can be made in two instances: in court and the registry office. If the wife and husband wish to spend and have no complaints against each other, they have no property disputes and disagreements about the children, then divorce as soon as possible and with minimal red tape can be done through the registry offices. In this article, we will consider the grounds that give the right to apply for through the registry office, as well as other nuances and features.

Grounds for divorce through registry office

It should be noted that a desire to dissolve your marriage through the registry offices is not enough. To apply to this institution, you must have three reasons:

  • the general decision of the spouses to terminate the marital relationship. That is, if one of them is against a divorce, then it will no longer be possible to file a civil registry office. We'll have to get divorced only through the court, which will, of course, be a bit more complicated.
  • If divorcees have children under the age of 14, then a divorce can only be obtained through the courts. Therefore, a divorce in the registry office is possible only if the couple has no children.
  • Each of the five minutes of the former spouses must be present in person at the divorce proceedings. Therefore, if a person cannot personally participate in a divorce, then he will have to go to court again, as a representative may well participate in the court proceedings, and the spouse may even never go there.

Exceptional cases

If one spouse is convicted for more than three years for any crime, he is declared incapacitated or he is considered missing, then as an exception, the other spouse may file documents for divorce through the registry office on his own initiative.

Divorce Procedure

A declaration of intent to divorce is filed at the registry office where the spouses live (or one of them). Both spouses together or one of them can submit such a document. For a simplified divorce procedure, there are certain conditions. If the husband and wife made a general decision to divorce, then they apply together. In this case, the procedure is quite simple. If one spouse lives in another region and cannot, for objective reasons, appear in this registry office (illness, business trip), then he has the authority to apply to the registry office where he is located. There he is applying for a divorce, which must first be notarized. After filing such a document, it is sent to the registry office, where the divorce process is considered.


Required documentation

If the spouses made a mutual decision to part and filed a joint application for the dissolution of the marriage, then what documents for divorce are presented yet? It:

  • passport of each spouse (you can copy);
  • marriage certificate;
  • receipt of payment of state duty.

When to go to the registry office can not?

To be able to hold a divorce under the simplified scheme, the couple should not have joint children. If there are adopted children, the procedure through the registry office will also be impossible. If there are no children, the employees of this institution register the dissolution of the marriage and issue a certificate to the former spouses. When issuing this document, one of the former spouses must be present.

Divorce application: sample

In different registry offices, some of its rules may apply to the application for divorce, but in general, the application contains the following data of both supregents:

  • date of Birth;
  • the place where both the wife and the husband were born;
  • their nationality;
  • place of residence;
  • nationality (you can fill in this column at will);
  • passport information.

Other data

In addition to these data, indicated the details of the record of the act of marriage. After that, it is necessary to state the request for the commencement of the divorce process. In addition, spouses must indicate what name each of them will have (you can stay on the one that was after the marriage or return the ones that they had before the wedding). It is desirable that the text of the statement was placed on one page (A4 format), and also the spouses must make an autograph on it. Usually, a divorce form through the registry office can be obtained in each branch of this instance. The reason why you decided to divorce is not necessary to indicate in the application.

Nuances in exceptional cases

If you divorce an incapable person, then you should also indicate the place of residence of his guardian. If the husband (wife) is in places of deprivation of liberty, then the registry office must be informed about the place of the institution where he is serving his sentence. In this case, the registry office will notify on the address of the other spouse of the divorce.

Payment of state duty

When applying, the spouses will have to pay state duty. If you come to a mutual agreement to divorce, then with a joint application for divorce through the registry office, the state duty is withdrawn in the amount of 400 rubles (and each of the spouses pays this amount). If one of the spouses intends to get a divorce (which is possible only in some cases, we indicated about them above), then the state duty will be 200 rubles.

Terms of divorce

Divorce - a step quite serious. Often in young couples such a decision is made on a hot head, under the influence of a surge of negative emotions. In this regard, the legislation has established a time limit for holding a divorce through the registry offices. After the documents are filed for divorce through the registry office, the spouses are given a month to consider such an important decision. As practice shows, some still pick up a statement about the divorce over the course of a month. If it is not possible to reconcile, in the absence of any controversial moments between the spouses, they are separated and given the appropriate evidence. At the same time, it should be remembered that if you file a divorce through the registry office, the state duty will be paid in any case. It also happens that during this period any disagreements will emerge that will have to be resolved only in court. In such a case, the date of dissolution of the marriage will move until the court makes a decision. At the same time, the Family Code fully admits that the spouses can divorce first, and then divide the property through the court. Moreover, a former husband and wife can sue for the division of all “acquired good” for three years after the divorce process.

Certificate of Divorce

Naturally, after all the necessary documents for a divorce through the registry office have been filed and a month has passed, the spouses must be divorced. As a result, they receive a certificate of divorce. It should be noted that this is a very important document that will be needed when performing certain legal procedures. It, for example, will be required for:

  • entering into a new marriage;
  • change of name;
  • registration of allowances for children;
  • real estate registration, etc.


Summarize

As we found out, a divorce through the registry offices is a simpler procedure compared to the dissolution of a marriage in court. However, some rules still have to be respected. After reviewing a divorce, the sample of which must comply with strictly stipulated rules of the law (except for nuances), you can easily cope with such a procedure. But it is better, of course, so that you never have to write such a statement. Therefore, we wish you only love, peace and harmony with your soulmate!