Is it possible to pick up an application from the registry office alone to register a marriage in Russia if you change your mind?

Author of the article: Lina Smirnova Last modified: January 2020 16993

Family relationships are not always smooth. At a certain stage of life, disagreements may arise between spouses, which will lead them to the decision to divorce. Having filed an application for divorce in court, after a while they begin to understand that they were hasty in making such a drastic decision regarding the current situation. They have a natural question about how to withdraw a divorce petition from the court, and in general, whether this can be done.

This material will examine the conditions under which it is possible to stop the divorce process, establish possible reasons accepted by the court as a basis for canceling divorce proceedings, determine the time frame within which it makes sense to apply for the cancellation of a filed claim, as well as the procedure in case of missing these deadlines.

Legislative framework for suspending the divorce process

The guarantor of the possibility of terminating a divorce case is Article 220 of the Code of Civil Procedure of the Russian Federation.
But, it should be clarified that it is not permitted by law to simply withdraw an application from the court for the termination of a marriage, which was officially filed by the plaintiff and registered in the court office. A statement of claim is a document on the basis of which a divorce case was initiated, and it cannot be removed from the case. However, it is possible to recognize it as annulled. Expert commentary

Kamensky Yuri

Lawyer

The legislation of the Russian Federation provides for conditions under which the cancellation of a declared divorce claim and termination of legal proceedings is possible. To cancel the proceedings carried out on the basis of a filed statement of claim, the applicant must take a number of actions and fulfill certain requirements established by law. And first of all, he must submit to the court a new statement of intentions to terminate the divorce process.

Is it necessary to withdraw an application if you change your mind about registering a relationship?

If it is impossible to personally visit the registry office to formalize a refusal to register a marriage or send documents by mail, citizens are concerned about the responsibility for failure to notify the employees of the wedding palace.
The legislation of the Russian Federation does not provide for penalties for refusal of the ceremony. If the couple who was supposed to register did not show up, the procedure will be cancelled.

Important! The moral aspect should be taken into account: there are many people who want to register their relationship, and a timely refusal gives other couples the opportunity to plan a celebration at an earlier date.

A couple who does not come to the procedure for registering their relationship loses the paid state fee.

Read also: Can a man go on maternity leave?

Motivations for withdrawing a divorce petition

In order to terminate a divorce case filed in court and cancel the stated claim, the applicant must convincingly formulate the reason for his decision.

The court may accept, for example, one of the following reasons:

the spouses decided to save the marriage because it would be much easier to raise children in a two-parent family;
Having thoroughly understood the conflict, the couple came to a compromise solution.

There may be other explanations for the desire of the spouses to end the divorce case. The main thing is that their motivation is serious and convincing for the judicial body considering the case. The Court is not inclined to interfere with the reconciliation of the parties, because reconciliation is part of its immediate task and for this purpose a postponement of the court hearing is given. But if the divorce claim stated the reason for the divorce, alcoholism or drug addiction of the spouse and his aggressive behavior in connection with this, then it will be difficult for the court to believe in the motivation for withdrawing the claim, based on the plaintiff’s desire to preserve the marriage in the interests of the children.

If the established procedure for canceling a divorce petition is followed, there should be no difficulties in terminating the case.

Bad sign

It is believed that withdrawing an application is a bad omen, as it will be difficult to get married again. But statistics say the opposite: 83% of girls have a new wedding.

Psychologists explain it this way: when you want to refuse marriage with a person, it means you are not completely sure of him.

And as a rule, there are reasons for this that you may not even realize. Therefore, if you have such a thought, you should not think about signs, but rather think about whether it will be good for you to live with this person.

In many cases, girls withdraw their application and find a better husband.

But if everything is fine with you, you want to live together and raise children, but you don’t have money for a wedding - just sign at the registry office. Now 35% of newlyweds do this.

You can gather with a very close circle of friends and acquaintances, drink champagne, buy salads and drink tea and cake. Even 1000 rubles may be enough for such a celebration.

There is also a situation when it is necessary to pick up a divorce application from the registry office. We noticed that some sites write incorrect information about this. Remember, either spouse can pick up a divorce application from the registry office. And he can do it on his own. It is not necessary to come together. If the husband or wife takes the documents, then the divorce procedure will not take place. To carry it out, you will need to go to court.

Procedure and deadlines for canceling a stated claim

Cancellation of a claim for divorce is possible if a counter-application is filed to annul it and cancel the court proceedings to consider the divorce case. Based on this application, the court is obliged to terminate the consideration of the case, guided by Article 220 of the Code of Civil Procedure of the Russian Federation.

Expert commentary

Gorchakov Vladimir

Lawyer

An application for annulment of a divorce claim has the right to be filed by the spouse who filed the claim in court. If the spouses filed the application for divorce together, and both signed, then they must also document its cancellation together.

You must submit the application in person to the court office or you can send the document via registered mail with notification. Signatures must be notarized. No additional documents and re-payment of the fee, except for the application, will be required in court.

The withdrawal of the claim must be made within the time limits established by law; it must be carried out before the first court hearing, which is scheduled no earlier than a month after filing the claim. During the month before the court hearing to consider the divorce case, preparations for the process are carried out: studying the statement of claim and documents attached to it, requesting missing certificates, etc. This month is also given for possible reconciliation of the parties.

If the plaintiff did not have time to submit an application to the office within a month, he can express his desire to terminate the divorce process orally directly at the court hearing when the case is being considered. The plaintiff’s statement will be entered into the minutes of the court hearing, and it will take legal force. If the judge considers it necessary to postpone the hearing, and he has the right to extend the divorce process for up to three months, designed to reconcile the parties and clarify additional circumstances, then additional time will appear to withdraw the claim.

Important! If the plaintiff does not withdraw his demand for divorce before the court makes a decision, and the decision to end the marriage is made, it will be too late to file an application to withdraw the claim.
Although there is still a small chance to return everything to normal, because... The law provides for a ten-day period for appealing the court decision.

How to pick up an application from the registry office

The Family Code of the Russian Federation interprets the concept of “marriage union” as a voluntary decision to register a relationship between a man and a woman by mutual consent.
After submitting the application, future spouses are given 30 days to prepare for the procedure and think about it. If circumstances arise that prevent the union, the couple has the opportunity to refuse the ceremony, and this action does not require the consent of each party.

It is impossible to pick up the submitted application to the registry office for marriage in paper form: it is sent to the archive for a certain storage period and cannot be withdrawn. The citizen retains the right to write a refusal to enter into a marriage union, which will cancel the validity of the previously executed document.

To complete the procedure, you must visit the authority where the application for registration was previously submitted. Refusal to enter into marriage cannot be conveyed by telephone call or through the public services portal. An exception is sending a package of securities by mail.

Algorithm of actions:

during office hours, visit the registry office (bring your passport with you);
contact an employee for assistance in completing documentation;
fill out an application, indicating the address of the branch, your personal data and details of a previously executed document (the data is kept by an employee of the organization);
convey all information to the employee.

Application for marriage sample

Important! The citizen is not obliged to explain to the employee the reason for refusing to register the relationship. Answers to all personal questions are given only on a voluntary basis.

Contents of the statement

The plaintiff must formalize his desire to terminate the divorce case in the form of a statement drawn up on a form that can be obtained from the court office or downloaded.

The application must contain basic information important for ending the divorce case:

the name of the court in which the divorce proceedings were initiated;
plaintiff's details: full name and registration address;
Defendant's details: Full name and his address;
name of the document being drawn up: “application to cancel the claim”
number of the divorce case filed in court;
indication of the subject in question – “divorce”;
link to the legislative framework;
reason for withdrawing the claim.

At the end of the application, the court should be informed that the applicant is aware of the consequences following the cancellation of the claim. Next, complete the text with a personal signature and date. The more convincingly the reason for withdrawing the claim is formulated, the easier it can be to cancel it.

Resubmission of documents after refusal of marriage

According to the legislation of the Russian Federation, after registration of a refusal to marry, in order to conclude it, a re-submission of an application with a request to hold the ceremony is required.
The exception is situations where the decision of the potential spouses was changed within a few hours. Civil registry office employees may make concessions and agree to register a marriage on the old date. The success of the case depends both on the personal attitude of the workers and on the prevailing circumstances: the date could have already been planned by other spouses, or the employees of the wedding palace managed to issue a refusal to register the union on the appropriate government service.

Appealing a divorce decree

If a court decision was nevertheless made during the hearing and it was recorded, it cannot be overturned so easily. The decision will come into effect after 30 days from the date of its adoption. You can use your last chance - to file an appeal to a higher authority. To do this, you need to correctly formulate the reasons for the appeal. For example, you can refer to the lack of proper notification of one of the parties to the process about its conduct, or the absence of one spouse due to illness.

An application to appeal a decision is usually submitted through the same court in which the divorce process took place and the court decision was made. There is little success in overturning the decision he made, especially if the application is signed by both spouses, and even better if an Agreement on Reconciliation of the Parties is attached to it.

Expert commentary

Kireev Maxim

Lawyer

If you miss the deadline for appealing, it is pointless to continue to fight to save the marriage. There is only one way out - to register the marriage again.

How to pick up an application online

A citizen has the right to set a date for the ceremony through the government services portal, where he and his partner fill out an electronic form and send the required package of documents. After its consideration, potential spouses receive notification of the date and time of the procedure.

Is it possible to file for divorce again after the lawsuit is withdrawn?

The legislation provides for a procedure for re-applying to the court with a statement of claim if, after the withdrawal of the first application for divorce, a tense situation has arisen in the family that does not allow them to continue living together. In this scenario, it is impossible to simply duplicate the old claim, because in accordance with Article 221 of the Code of Civil Procedure of the Russian Federation, it is not allowed to re-file the same claim. The new statement of claim must indicate other reasons for the divorce. The claim in the form in which it was previously filed will no longer be accepted.

For example, if, when filing the first statement of claim, the spouse indicated her husband’s infidelity as the reason, then after his withdrawal, this reason cannot be indicated in the repeated claim. If the motivation for reconciliation was justified by a change in family circumstances and a compromise found between the spouses in the conflict that arose, then in a new claim for divorce you can indicate the reason for the failure of one of the spouses to fulfill the agreements reached and the impossibility of saving the marriage.

From the established practice of divorce cases, a repeated claim filed in court is usually satisfied, and the couple is finally divorced.

Appearance for registration

Many online resources contain information that if a wedding is cancelled, the application should be withdrawn immediately, since those who do not show up for registration will face penalties.

Such information is not true. The legislation does not provide for a fine or any other penalty for failure to appear for registration. If you cancel the wedding, you can only lose the amount of the state fee paid when submitting the application.

If anyone (the bride, the groom, or both of them) did not come to the wedding palace at the appointed time, then no punishment will be applied to them.

On the contrary, they can continue to submit an application and ask to register the marriage.

You can simply not come to the wedding procedure. However, such behavior is disrespectful to the registry office employees who prepare for each ceremony.

If you only want to postpone the wedding day, then this can be done for no more than one month, otherwise the documents will have to be rewritten. In this case, you do not need to pay the state fee again. The receipt for its payment is not limited in validity period.

Therefore, the deposited amount remains valid, regardless of the time of registration.