State duty of 30,000 rubles for divorce: when will the new law on the duty (fine) for divorce come into force

For a relatively long time now, information has periodically appeared in the media that you now have to pay 30 thousand for a divorce. Many citizens are concerned whether this information is true. Even those who are familiar with the real values ​​of the fee and know that the fee for divorce in 2020 was not 30 thousand are wondering whether the decision has been made to increase it to 30 thousand for divorce and when it will come into force. There is no official confirmation of this, although there was an initiative to increase the state duty to the agreed amount. The initiative was put forward personally by Dmitry Medvedev. But after the idea was proposed, quite a few deputies supported it, there were not enough votes to pass the law, and the matter remained in the same place. There was no continuation, and the bill was never developed; from time to time, disputes arise about how much spouses who are planning to divorce will have to pay at the moment. Now this topic is raised much less often, of course, because the resonance has long passed (the proposal was made in 2013). If a family is facing a divorce, this issue regarding the state duty and who should pay it, and, most importantly, in what amount, is acute. Therefore, it is worth considering what is happening with the state duty today and what is the likelihood of the new law coming into force.

Where did the rumors come from?

They first started talking about increasing the state duty back in 2013, when D. Medvedev put forward an initiative to the State Duma to increase the state duty for divorce.
Where this idea came from is still unknown, and almost no justification has been provided. Medvedev cited the sharply increasing number of divorces in the country as one of the reasons for this increase. Indeed, if you look at the statistics, you can easily come to the conclusion that the number of divorces has actually increased (in 2020, there were 80 divorces per 1000 marriages). Among the reasons cited was the increase in the number of civil marriages. And such relationships entail a lot of nuances, because if there is a desire to separate, the spouses (former, albeit civil) have many claims against each other. It is especially difficult to resolve disputes that relate to the upbringing and maintenance of joint children, when it is necessary to prove the rights to paternity or maternity.

One should not discount the fact that the number of malicious alimony defaulters has sharply increased in the country. All these reasons became the basis for the development of the bill, which was submitted for consideration. The main goal he pursued was to increase the level of awareness of citizens who want to get married, as well as solving the above problems.

Initiative to increase state duty for divorce

As stated above, such an initiative was voiced back in September 2013 by Dmitry Medvedev at a meeting with senators of the Federation Council. In justifying the increase in the state duty for divorce, he expressed his opinion that such measures will not make it possible to dissolve a marriage so easily a deterrent in its own way .

The desire of the head of government to strengthen marriages is understandable, because in general, state policy should be aimed at strengthening the family as a unit of our society. It is logical that the Prime Minister is looking for new ways and offering his initiative for discussion. In general, of course, such a desire is commendable, but the very essence of the proposed changes raises many questions. However, Dmitry Medvedev immediately proposed discussing this initiative, and not “bringing it down from above.” Such an initiative should be discussed by both experts and ordinary citizens.

In addition, Dmitry Anatolyevich expressed the opinion that low-income citizens , and also that such an initiative will not be able to improve the demographic situation in our country.

In addition, he recalled the existence of a tax on childlessness and that it did not bring any results. That is why such an initiative should be discussed, for example, on the open government platform.

Why was the law not passed?

Enough reasons for refusal were given. Here are the main ones:

1. Low-income population. The financial status of many families is below average, which means that they cannot afford such expenses at all. Accordingly, the law will completely deprive such families of the right to choose, and they will be forced to exist in marriage, but live like strangers. And this is a violation of civil rights. Deputies assumed (and not without reason) that children would suffer in such a situation.
2. Decrease in the number of official marriages. Due to the fact that no one is insured against divorce, the high state duty of 30 thousand rubles, which must be paid upon divorce, would only lead to an increase in the number of civil marriages. Ultimately, this could lead to the elimination of the institution of marriage as such. And this makes the spouses even more unprotected from a legal point of view.

Where and how to pay the state fee?

In order to pay the state fee, you must...

1. Determine where to file a claim for divorce...

• to the civil registry office (at the place of marriage registration, at the place of residence of one or both spouses);
• to a judicial authority (magistrate, district or city court, at the place of residence of the plaintiff or defendant);

1. Calculate the amount of state duty paid;
2. Obtain from the civil registry office or the judicial authority the details for paying the state fee;
3. Pay the state fee;
4. Attach a receipt for the payment made (indicating the details of the registry office or court) to the application or statement of claim for divorce.

In case of divorce through the registry office

After the wife and her husband submit a paper to the registry office with a request to terminate the marriage relationship and transfer the amount of the fine to the state treasury, the registry office employee will set a date for registering the dissolution of family ties.

If both spouses or one of them do not come to formalize the divorce, then their joint application becomes invalid.

It is impossible to return the state fee after this. If the spouses want to once again submit documents to terminate the marriage, they will have to pay the state fee in full again.

In case of divorce through court

Divorce through the registry office

To dissolve a marriage in this way, you must submit a corresponding application to the registry office employees. In what cases is such a divorce legal?

1. If the decision to divorce is mutual, and the couple does not have common minor children.
2. If one of the spouses is declared missing, and this fact is confirmed by the relevant court decision.
3. If one of the spouses is imprisoned for a period of 3 years (criminal liability).
4. If one of the spouses is declared incompetent.

It is worth noting that for the last three points it does not matter whether there are minor children. But when spouses divorce through the registry office, a state fee is collected from the spouse who applies for divorce. The amounts of state duty may vary and are discussed in the table below:

Cost, amount, amount of state duty for divorce

The legislation of the Russian Federation provides for two methods of divorce:

1. Administrative
2. Judicial.

The state fee is payable regardless of the method of divorce. A receipt for payment of the fee is a mandatory document that must be attached to the divorce application (to the registry office or court).

The state fee is:

The size of the state duty for citizens living in all subjects of the Russian Federation is equal.

An example of calculating the state fee for divorce through the registry office

Divorce through the registry office is the simplest, fastest and most inexpensive procedure.

Here are examples of calculating and paying state fees:

Example 1

Childless spouses Danilenko A. and P. decided to get a divorce. Having contacted the registry office with a joint application for divorce, they paid 650 rubles each (1,300 rubles in total).

Example 2

The wife of Somchenko O. decided to dissolve the marriage unilaterally, since her husband Somchenko R. was sentenced by the court to imprisonment for a term of over 5 years for the crime committed. Having applied to the registry office for divorce, O. Somchenko paid 350 rubles . Somchenko R.'s husband is not charged for divorce.

These amounts include divorce, amendments to the deed books and the issuance of divorce certificates to spouses. Most likely, the spouses will not have to bear any additional expenses for the divorce.

An example of calculating the state fee for divorce through the court

Here is an example of calculating the state fee for filing a claim for divorce.

Example 3

Demidov's husband O. filed a lawsuit for divorce in court. He did not make demands for the division of property, so he had to pay a state fee of 600 rubles . Having received the court decision in his hands, O. Demidov went to the registry office to register changes in his marital status in the register books, receive a divorce certificate and a stamp in his passport. For each copy of the certificate, the Demidov spouses had to pay 650 rubles (1,300 rubles in total).

The state duty will be calculated a little differently if Demidov O.’s claim contains a claim for division of property . Then, in addition to the basic state fee of 600 rubles (for a claim for divorce), he will have to pay an additional state fee, the amount of which is calculated using a special formula (according to Part 1, Clause 1, Article 333.19 of the Tax Code of the Russian Federation):

• if the value of the divisible property does not exceed 20,000 rubles, the state duty will be 400 rubles;
• if the value of the property to be divided is within 100,000 rubles, the duty will consist of two parts: 800 rubles as a fixed amount and another 3% of the value of the property exceeding 20,000 rubles;
• if the share in the property subject to division is more than 100,000 rubles, but less than 200,000 rubles, a fixed amount of 3,200 rubles and 2% of the amount exceeding 100,000 rubles is subject to payment;
• if the share in the divisible property is more than 200,000 rubles, but less than 1,000,000 rubles, the duty will be equal to 5,200 rubles in the form of a fixed amount and 1% of the amount exceeding 200,000 rubles;
• if the share in the property subject to division exceeds 1,000,000 rubles, the fixed part of the duty will be 13,200 rubles, in addition, you will have to pay 0.5% of the amount over a million rubles. The maximum amount of state duty for a property claim is 60,000 rubles.

Be sure to read it! How long can you live without registration in 2020?

After a court decision on divorce is issued, the Demidov spouses also need to make changes to the civil registration books and obtain divorce certificates. For this you need to pay another 650 rubles (total 1300 rubles).

Example 4

Suppose the Demidov spouses have children together. In this case, simultaneously with the divorce, the spouses can resolve the issue of financial support for the children. As we remember, for each claim an additional amount of state duty is collected.

So, if, at the same time as the divorce, child support is collected, in addition to 600 rubles (for claims for divorce), you will have to pay another 150 rubles ; if alimony is collected for children and the mother who cares for children under 3 years old - another 300 rubles (according to Part. 14 clause 1 article 333.19 of the Tax Code of the Russian Federation). These amounts are recovered from the spouse on whom the court imposes alimony obligations.

If there are children together, other disagreements about children may arise between the Demidov spouses, requiring judicial intervention. For example, the place of residence of children after a divorce (with mother or father), challenging paternity, deprivation of parental rights, determining the order of meetings between parents and the child. For each additional claim that is not subject to material assessment, you must pay a state fee in the amount of 300 rubles (according to Part 3, Clause 1, Article 333.19 of the Tax Code of the Russian Federation).

After the end of the trial, the Demidov spouses must receive divorce certificates - for them you need to pay 650 rubles each (1,300 rubles in total) .

Divorce from an absent spouse

One of such cases can be considered the termination of marital relations with a spouse, about whose place of residence the other spouse has not known anything for more than 1 year.

In order to get a divorce, the interested spouse must file a claim with the judicial authority with a request to recognize the other participant in the family union as missing. To support his own claims, the plaintiff must provide evidence to support his words. These may include:

• Materials from the case of the search for a citizen, taken from the police department of the Russian Ministry of Internal Affairs.
• Testimony of witnesses about the absence of the spouse at the place of registration.
• An extract from the house register or housing office confirming the registration of the absent spouse.

The plaintiff attaches a receipt or check for payment of the state duty to the claim document. It is equal to 300 rubles.

After the court decision has been given legal force, the spouse brings it to the registry office and pays a fee to the state treasury for the production of a certificate confirming the fact of termination of marriage in the amount of 350 rubles. After receiving a certificate of dissolution of the family union, the spouse is considered officially divorced.

Dispute over the amount of alimony

In this case, the plaintiff is obliged to transfer 150 rubles to the treasury, established by the Tax Code as the amount of the state fee for considering disagreements between the wife and husband on the issue of alimony payments.

This fee is paid in addition to the main fee charged for the consideration of a case of divorce or for the consideration of a dispute over the division of common assets.

Duty payment rules

Do I need to pay 30 thousand rubles during a divorce? Neither in 2020 nor in 2019 was this provided for or legally confirmed. But you will have to pay the legally established amount; it is mandatory. You can make a payment using several options:

• through a bank or ATM;
• using the Internet service of your banking institution;
• using the terminal at the registry office or MFS;
• through the electronic service of State Services.

Both the registry office fee and the court fee are paid through a bank, ATM, terminal or online service. Before paying the fee, you should take care to obtain up-to-date details so as not to stand in line in vain. If money is sent to the wrong account, the application will not be considered. And it won’t be easy to get the money back. Therefore, before you pay the fee, make sure that you are sending the money exactly where it is needed.

A receipt for payment is issued only by an authorized body. Before transferring money, be sure to check with a specialist how current the information you are using is.

Calculation of state duty

When filing an application for dissolution of the union, the question arises when the divorce fine of 30,000 will come into force. No such law was adopted in 2020. However, the question of raising the duty is raised regularly.

Spouses will have to pay a significant amount during a divorce. Let's consider the options:

Example 1. The parties mutually decided to divorce. But they have minor children. The man goes to the magistrate's court with a statement of claim. He pays a fee of 600 rubles. After the court's decision, the parties register the divorce in the registry office. Each spouse pays 650 rubles.

Example 2. The husband filed for divorce and division of property. The amount of the duty increases depending on the value of the disputed property:

• if the value of the disputed property does not exceed 20,000 rubles, then the applicant will make a payment in the amount of 4% of the price of the property, but not less than 400 rubles;
• with a property value of 100,000 rubles. The fee will be 800 rubles. and 3% of the cost of the object;
• if the price of the object is less than 200,000 rubles, then the duty will be 3,200 rubles. and 2% of its cost;
• if the property price is less than RUR 1,000,000. the applicant will pay 5200 rubles. and 1% of its cost;
• if the value of the property exceeds 1,000,000 rubles, then the duty is 13,200 and 0.5% of the value;
• the maximum duty is 60,000 rubles.

To calculate the fee, not the full cost of the object is used, but the share claimed by the applicant. For example, if the requirements include ½ share for an apartment costing 2,000,000 rubles, the duty is calculated from 1,000,000 rubles.

When the law comes into force

Many are wondering if a divorce fee of 30 thousand is set, when will it come into force. As of today, the progress of this bill has been suspended, and even in theory there is no talk about its adoption. No further discussions were undertaken after the rejection by the deputies, because the project had too many opponents who were confident that after the adoption of the law more negative aspects than positive ones should be expected. And due to the fact that the bill was never created, changes to the Tax Code did not occur. This means that in 2020 you don’t have to pay 30 thousand for a divorce, as in 2020.

Validity period and return methods

There is an opinion that the fine for divorce of 30,000 rubles has come into force. But the information is not true. The fee continues to be a significantly lower amount. But I want to return even a small amount in case of non-receipt of the service.

The law defines the administrative divorce process as follows:

• submitting an application to the registry office;
• a return visit to the authorized body after 30 days to register the dissolution of the union.

If on the specified day the parties do not appear to register the divorce, the application is canceled. The fee goes to the budget and is not refundable.

Divorce in court has a different procedure. The fee payment receipt is valid for 3 years. During this period, the citizen can file an application with the court.

If an application is filed and the claim is abandoned or the parties reconcile, the fee is not refunded. Returning an application to correct deficiencies is not a reason to pay the fee again. Payment continues to apply.

What to do if your spouse refuses to appear in court?

Situations often arise when a wife files an application for divorce in court, and the man tries in every way to delay the process. The reasons for this may be reluctance to get a divorce, selfish goals. For example, a man needs time to quickly transfer real estate to his mother or father. By the way, in this case it is allowed to file a petition to seize property before the end of the divorce process and division of property.

So, if the spouse does not appear at the court hearing, then:

1. Do not create scenes or scandals in court;
2. The court hearing will be cancelled, there is no need to re-file for divorce;
3. The court hearing can be held 3 times, and if the spouse does not appear at it three times, then at the third court hearing the couple will be divorced.

Exceptions are cases where the man did not appear in court for good reasons or was not notified of the date and time of the divorce proceedings.

It is also important: any court decision in absentia, including divorce, can be appealed within a certain time. If the spouse, who was absent at the meeting, does not agree with the divorce or division of property, then he can try to challenge the decision in a higher court.

Reasons for the increase

According to the initiators, increasing the fine for divorce will help improve the demographic situation - the presence of such expenses will reduce the number of hasty divorces and fictitious marriages. This idea has its adherents, but was criticized by State Duma deputies.

Lawmakers believe that the introduction of a fine for divorce will not affect the desire of spouses to separate. Attention is drawn to the current legal costs during divorce:

• filing a claim with the help of a lawyer – up to 5 thousand rubles;
• representation in court – 12-15 thousand;
• appealing a decision – from 5 thousand.

Such a divorce involving lawyers already requires a lot of expenses, which people are willing to bear. The introduction of a new fine will only hit the budgets of both parties harder and affect the children, but will not save the family.

The impact on state registration is also taken into account. According to experts, a fine for divorce will entail a large number of civil and fictitious marriages. The parties will begin to register their relations in the registry office less frequently, both upon entering into a union and upon its dissolution.

However, there is another reason for introducing a fine for divorce. A large number of cases are revealed when one of the spouses evades paying alimony. The initiative involves the creation of a special fund that will cover debts and then collect them from defaulters.

To finance this fund, the idea of ​​fining divorcing spouses is being discussed. However, such a project is only at the stage of speculation - there is no consensus on this matter, and there is also no document on the basis of which a real bill would be developed.

Bottom line

Deputies of the State Duma of the Russian Federation did not approve of D.A.’s proposal. Medvedev about a significant increase in the cost of state fees for divorce in 2013. Over all these years, the process has only advanced to the point that today the possibility of increasing the amount to 1,500 rubles is being considered, which seems to be a very real prospect.

Therefore, the likelihood of returning to consider this issue again is practically zero. In addition, free filing of an application for divorce is now possible through the State Services portal, which will significantly save both time and money.

What are personal non-property and property rights of spouses

The list of the main intangible benefits of a husband and wife includes:

• implementation of professional activities;
• free choice of interests;
• freedom of movement and residence;
• equal rights to family planning and raising children;
• equal right to material goods (house, apartment, cash account);
• other family issues.

Relationships of this kind are not regulated by a marriage contract, do not end after marriage, and are not subject to the influence of one of the spouses.