Not every marriage survives the test. The number of divorces in Russia is constantly increasing. Unfortunately, such a measure to solve problems is most often justified. At the same time, the legislation clearly regulates the process of severing relations between partners. The parties must be present when legally significant actions are carried out. However, this is not always possible to do (personal hostility, depressed morale, husband and wife living at a considerable distance). The article will talk about whether divorce by proxy and how the procedure differs from the standard one.
Is it possible to file a divorce by power of attorney?
In accordance with civil law, many issues can be resolved without personal presence. It is enough to conclude an agency agreement and issue a power of attorney to an attorney who will perform all the necessary actions.
However, family law does not provide for the possibility of filing an application for divorce by proxy. To file a divorce without personal presence, a citizen must comply with a number of nuances.
Through the registry office
If there are no children together, the husband and wife have the right to file a divorce in a simplified manner through the registry office. If one of the spouses does not have the opportunity to appear in person at the registration authority, he has the right to fill out a separate application in Form No. 10, approved by Order of the Ministry of Justice dated October 1, 2018 No. 201.
When preparing your application, you will need to complete the following steps:
- Fill out the application form, indicating your full name, information about marriage, passport data, full name of your spouse and other data.
- Contact a notary office and have your personal signature certified on the application.
- Pay the state fee for divorce in the amount of 650 rubles.
- Send the documents by mail to the address of the husband or wife by registered mail with notification.
The spouse will receive the documents and submit them along with his application to the registry office at the place where the divorce was registered.
Important! The RF IC provides for situations when a citizen can submit an application for divorce unilaterally to the registration authority. Without going to court, a divorce with an incapacitated or missing spouse, as well as a spouse who has been in prison for more than three years, is formalized.
Through the court
In contrast to the registration of a divorce in the registry office, the consideration of a court case on divorce can be carried out with the participation of a person to whom the powers of one of the spouses have been transferred by proxy.
The power of attorney may directly provide for the following powers of the attorney:
- signing a claim for divorce on behalf of the spouse who wishes to divorce;
- provision of documents to the court;
- participation in legal proceedings on behalf of a citizen;
- obtaining a ready-made court decision.
The attorney will be able to perform only those actions the right to perform which is expressly provided for by the power of attorney. For example, if a citizen has not authorized his representative to sign the claim, he must do it himself.
You should know! After the decision on divorce is made, further registration of the event is carried out in accordance with the general procedure. That is, it will not be possible to submit an application for divorce to the registry office using a power of attorney. If it is not possible to visit the registration authority in person, you will need to have the document certified by a notary and sent by mail.
Is it possible to get a divorce by power of attorney in the registry office and through the court, see the video below .
Fundamentals of legal regulation of the divorce procedure.
First of all, it is worth considering the structures authorized to consider the application submitted by the spouses. These include the registry office and the court.
The first body accepts applications from citizens who have no property claims against each other, no common children and are ready to dissolve the union (Article 19 of the Family Code).
It is worth noting that this option does not imply the possibility of issuing a power of attorney.
The way out of the situation is to fill out a document in advance with a request to change the marital status of the parties with its transfer to the partner, who will be able to visit the civil registration authority (Clause 3 of Article 33 of the Law of November 15, 1997 No. 143-FZ).
If, by virtue of the law, the above method is not suitable for the husband and wife, then they will need to file a claim in court.
The addressees are the world or regional authorities.
In the first case, the following conditions must be met: the spouses are raising a minor child; the cost of a claim on property does not exceed 50,000 rubles (Article 23 of the Code of Civil Procedure).
In other cases, the case is considered by the district (city) body (Article 24 of the Code of Civil Procedure).
Sample power of attorney for divorce.
Regardless of which court the documents will be submitted to, a trusted person can represent the interests of a citizen.
Moreover, this fact equally applies to both the plaintiff and the defendant, who have the right to attract different representatives to protect their rights (Chapter 5 of the Code of Civil Procedure).
Divorce without presence in court.
What are the requirements for a power of attorney during divorce?
When drawing up a power of attorney for divorce, it is necessary to comply with the general requirements established by Article 185 of the Civil Code of the Russian Federation. The document is drawn up in writing and must contain all powers to represent the interests of the principal.
The power of attorney must indicate the following:
- date and place of its occurrence;
- Full name of the principal, his passport details, residential address;
- Full name of the attorney, his passport details, residential address;
- a list of powers transferred by the principal to the attorney for the purpose of formalizing the divorce;
- validity period of the power of attorney;
- signature of the principal;
- attorney's signature.
Advice! If a citizen does not want to waste time on formalities, a power of attorney to participate in the divorce process does not need to be issued. It is enough to allow your representative to participate in the case upon an oral application (Part 6 of Article 53 of the Code of Civil Procedure of the Russian Federation). To do this, you must file a claim yourself, come to the first meeting with your representative and submit a petition for admission of a representative. The court makes a ruling, after which the representative has the right to perform procedural actions on behalf of the principal.
Divorce through court
In Russia, spouses have the right to divorce without going to court if there is a mutual desire, there are no disputes about property and there are no minor children together. Otherwise, you must go to court to get a divorce. The form of legal proceedings is a claim, that is, one of the spouses needs to file a claim. There are three options for divorce without the participation of one of the parties:
- with the participation of a representative;
- upon request (sample);
- in case of no-show.
The first meeting is scheduled one month after registration of the statement of claim. This period is provided for notifying the other party about the opening of the process. It is allowed to submit a motion to consider the case without participation in accordance with procedural rules when filing a claim or before the start of the hearing (Article 167 of the Code of Civil Procedure of the Russian Federation).
Failure to attend a meeting is a last resort. The absence of a party or representative is equivalent to a waiver of claims. If the defendant does not appear at the hearing, then the divorce will occur almost immediately (at least a month from the date of registration of the claim). If the plaintiff does not appear in court without first filing a motion for consideration in his absence, then the case will remain without progress.
Representative participation
You can issue a power of attorney for a lawyer to represent your interests at any stage of the process. This right is given on the basis of Art. 182 and art. 185 of the Civil Code of the Russian Federation, and the procedural order is specified in Art. 48 Code of Civil Procedure of the Russian Federation. A civil representative must act within the framework of delegated powers: partial or full. Partial only implies the participation of a representative in court, full covers the preparatory stage and receipt of a court decision.
Physical impossibility
In addition, there is a procedure for considering a case in the absence of a party if he/she is physically unable to participate in the process. The reasons for physical impossibility are:
- disease;
- disability;
- living in another country;
- other conditions, for example, participation in an expedition.
In order for the case to be considered, it is necessary to provide the court with factual evidence of the very fact of the impossibility of participation and familiarization of the party with the materials of the case. However, recently in judicial practice there have been cases of using video communication during the process. Either party has the right to apply for this. Such an opportunity to consider a case significantly speeds up the divorce process, especially if the parties have no claims against each other, but there is no opportunity to appear in court or draw up a power of attorney (sample). Statistically, more and more couples are choosing not to be personally involved in the divorce process. There are many reasons for this, including lack of time, reluctance to meet with the “ex” in court, and emotional distress. In general, the participation of representatives instead of the husband and wife personally greatly simplifies the process, since lawyers operate with facts, legal norms and defend the interests of their clients. And, as you know, the civil process does not accept the replacement of facts and evidence with emotions.
Where to issue a power of attorney for divorce
A power of attorney to represent the interests of a husband or wife in divorce proceedings must be notarized. The citizen and his representative contact any notary, providing their passports.
In addition to a notary, a power of attorney can be certified by:
- chief physician - when a citizen is in a medical institution for treatment;
- the head of a military unit - when the second spouse performs military service;
- by the head of a prison institution - when the husband or wife is serving a criminal sentence;
- the head of a social institution - if there is a legally capable person there.
After issuance, the power of attorney is transferred to the representative, who provides it to the court when filing a statement of claim or during participation in court proceedings.
Divorce using a power of attorney
To get a divorce in the registry office, both spouses must agree to divorce. In addition, issues of division of jointly acquired property must be resolved. Otherwise you will have to go to court. Also, divorce proceedings through legal proceedings will be required if there are minor children.
The cost of a power of attorney for divorce in the registry office and court
To issue a power of attorney, a citizen must pay a state fee. According to Article 333.24 of the Tax Code of the Russian Federation, the mandatory fee is 200 rubles .
In addition to the state fee, technical work performed by the notary is paid: filling out the form, preparing the document. The cost of services follows in a specific notary office. Usually it is 1,000 - 5,000 rubles . depending on the specific region.
A power of attorney issued by the chief physician, the head of a prison institution, the head of a social institution, or the heads of a military unit is issued free of charge .
How much does a power of attorney cost?
Registration takes place at the notary. There are no other options for powers of attorney for divorce.
The notary charges a fixed state fee for certifying a power of attorney - 200 rubles (clause 1, clause 1, article 333.24 of the Tax Code of the Russian Federation). At the same time, the notary offers to draw up a document. The service will cost approximately 2,000 rubles . Typically, clients pay for legal and technical services. Amounts can reach up to 5,000 rubles per power of attorney. It’s better to find out about this in advance - every office has a price list where all the tariffs are listed.
Going to court with a claim for divorce will cost 600 rubles. Before registering a divorce with the civil registry office, spouses need to pay a state fee of 650 rubles. Other costs may arise during the procedure. For example, obtaining a duplicate of a marriage certificate, ordering an extract from the Unified State Register of Real Estate, paying for the accommodation of a proxy, etc.
How to get a divorce through court by proxy
To obtain a divorce through the court, a citizen must file a statement of claim, take part in the trial and obtain a court decision.
If a marriage is dissolved by power of attorney, the following must be done:
- Execute a power of attorney for the representative with a notary, transferring to him the authority to sign and file a claim, participate in court proceedings, and obtain a court decision.
- Draw up a statement of claim, pay the state fee in the amount of 600 rubles. and prepare documents for the court. This issue may be entrusted to a representative to whom a power of attorney has been issued.
- Wait until the representative takes part in all meetings and receives a court decision on divorce.
- After receiving the court decision, pay the state fee in the amount of 650 rubles, fill out the application form for divorce and have it certified by a notary.
- Send the documents by mail to the civil registry office or ask the second spouse to submit them along with his application.
- Obtain a divorce certificate.
The certificate can be issued either personally to the former spouses or to their representative on the basis of a notarized power of attorney.
Note! It happens that the second spouse does not agree with the court decision and appeals it. In this case, the judicial act does not enter into legal force and cannot be presented to the registry office. In this regard, a citizen can instruct his representative to take part on his behalf by proxy in the appellate and cassation instances.
Rubric “Question/Answer”
Hello. Please tell me, can a person, while in prison, write a power of attorney and have a divorce filed at the registry office using this power of attorney?
Expert opinion
Semyon Frolov
Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.
Yes, but there is another - a simplified procedure.
If a prisoner is sentenced to a term of more than 3 years, unilateral divorce is allowed. To do this, you need to contact the registry office at your place of residence with documents confirming deprivation of liberty. Usually this is a copy of the court verdict . You can request it from the secretary of the judge where the case was heard. The registry office authorities will accept the package with documents, after which the marriage will be dissolved - in accordance with paragraph 2 of Art. 19 RF IC. No power of attorney is needed.
If the term of imprisonment is less than 3 years, you will have to draw up a power of attorney. A notary is not needed. According to the rules, a power of attorney on behalf of the convicted person is certified by the head of the colony where the husband is imprisoned (clause 3, clause 2, article 185.1 of the Civil Code of the Russian Federation). It will have legal force, the same as a notarial one. Next, this power of attorney must be transferred to an authorized person. Then the divorce will take place.
Can I draw up a power of attorney for my wife to represent my interests in court during a divorce? The wife is the plaintiff, I am the defendant.
Expert opinion
Dmitry Nosikov
Lawyer. Specialization: family and housing law.
No, this is not provided for in practice. The plaintiff and defendant are opposite parties to each other. If it concerns divorce, even more so. No judge will allow this option in court (even if there is a power of attorney for the wife). There remains the option of a power of attorney for another person, for example, a friend or a lawyer.
Hello, my man is divorced and has a court decision in hand, all that remains is to come to the registry office and stamp the divorce in his passport. Geographically, we live in St. Petersburg, and the registry office is in Rostov-on-Don. Can a relative, by proxy, put this stamp on his behalf?
Expert opinion
Semyon Frolov
Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.
A power of attorney gives the representative the same powers as the principal (drafter). A relative can put a stamp in the passport and pick up a divorce certificate from the registry office. If only there was a notarized power of attorney. All powers must be written down in the text so that the registry office employees do not have any questions. For example, paying state fees, providing original documents, picking up a divorce certificate. First you need to send a notarized power of attorney, a copy of the court decision and the husband’s Russian passport to Rostov-on-Don. This is usually done by mail - by sending a valuable letter with a list of attachments and a delivery notification. They will tell you the cost at the post office, for example - in Moscow the commission is 281 rubles (for a letter with an inventory, notification and declared value). Or you can use courier delivery - it's faster, but more expensive. The same is true in the reverse situation. When the stamp is affixed and the certificate is received, the relative will also send them to you by mail or courier.
Divorce by proxy differs from the standard procedure. First of all, you need to issue a competent power of attorney. There are cases where spouses made mistakes, as a result of which their attorneys could not pick up a copy of the court decision or divorce certificate. Or the signature on the documents was declared invalid. In a word, there are enough problems. And if they are not taken into account at the very beginning - at the stage of drawing up the text of the power of attorney, the matter will go down the drain. The lawyers on our site are ready to help with divorce by proxy. If you have questions, need advice or a lawyer’s opinion, please use the form on the website or call the hotline. Certified experts are familiar with the practice, so they will help you sort out unclear issues.
See in what cases you can dissolve a marriage by proxy:
Attention!
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
That's why FREE expert consultants work for you around the clock!
- via the form (below), or via online chat
- Call the hotline:
- Moscow and the Region
- St. Petersburg and region
- FREE for a lawyer!
By submitting data you agree to the Consent to PD Processing, PD Processing Policy and User Agreement.
Anonymously
Information about you will not be disclosed
Fast
Fill out the form and a lawyer will contact you within 5 minutes
Tell your friends
Rate ( 3 ratings, average: 5.00 out of 5)
Author of the article
Irina Garmash
Family law consultant.
Author's rating
Articles written
612
Regular expenses
Submitting an application to the registry office will cost about 650 rubles for each spouse.
A notary's application will cost approximately 200 rubles.
That is, the total cost of a divorce through the registry office will be 850 rubles according to this year.
About payment of state duties, it is better to clarify all the details in advance by going directly to the registry office.
If the spouses decide to carry out the divorce process through a judicial authority, they both need not visit the courthouse at all, provided that each spouse issues a power of attorney to an attorney, that is, a third party.
Each spouse must have their own proxy , so one person does not have the right to represent the interests of both parties at once during the divorce process.
Where can I register a power of attorney?
To conduct business in court through a representative, it is not enough to simply draw up a power of attorney by hand; the court simply will not accept it. To draw up this document, you need to contact any notary and take your passport with you.
To register a power of attorney, it is not necessary to bring a representative with you. It is enough to discuss the entire list of powers with him in advance, take a copy of his passport to indicate passport data.
The power of attorney will be issued right in your presence; you just have to wait a few minutes while the draft document is prepared. After studying it, you will be able to remove some powers or, on the contrary, add new instructions to the text of the document.
After issuing a power of attorney, it must be handed over to a representative who is required to present this document when going to court on your behalf.
Powers of attorney equivalent to notarial ones
In addition to the notarized power of attorney, the law (Article 185.1 of the Civil Code of the Russian Federation) establishes equal notarial force in relation to powers of attorney certified by:
- Heads of correctional colonies, isolation wards and other institutions of the FSIN system - in relation to persons who are serving a sentence in these institutions or are in custody;
- Heads of hospitals, sanatoriums and other military medical institutions - in relation to military personnel who are undergoing treatment in these institutions.
- Heads of military units - in relation to military personnel undergoing military or contract service in a given unit. And also in relation to family members of military personnel or persons working in these institutions (military units) if there are no notaries in the area.
- Heads of social organizations services - in relation to capable citizens living or staying in these organizations.
Difficulties when conducting business through a representative
When drawing up a power of attorney for a representative, it is important to consider that it is best to entrust this matter to an experienced lawyer. If the divorce procedure is only formal and the parties do not have any disputes, absolutely any representative can handle the divorce.
However, if any disputes or disagreements arise, he will have to face the following difficulties:
- the need to quickly make a decision to change the position on the case or to seek additional evidence;
- the need to file petitions, complaints, objections and draw up other procedural documents;
- full representation of interests in court on behalf of the plaintiff (defendant) with all rights and obligations due to them.
Where to file for divorce
According to the Family Code of the Russian Federation (RF FC), you can get a divorce in court or through the civil registry office (ZAGS). The registry office accepts applications for divorce only when mutual agreement on divorce has been reached, there are no children under 18 years of age and there are no disputes about property. You need to go to court if one of the spouses refuses to get a divorce, as well as if disagreements arise on a property issue. The process of divorce by proxy has its own nuances in both cases.
