Sample application for unilateral divorce (2020)

Application for consent to divorce

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Not only the period of termination of the marriage, but also the method of divorce depends on the mutual consent of the spouses to terminate the marriage relationship.

At a minimum, dissolving a marriage with the consent of both husband and wife will be much easier than initiating a mechanism for unilateral or forced divorce in court with lengthy litigation.

If an inevitable termination of the relationship looms on the horizon, it is important to discuss everything with your spouse, deciding whether it is necessary for both and, if there is a common opinion, begin filing for a divorce. First of all, you need to properly formalize consent to terminate the marriage, speeding up getting rid of the outdated relationship

Costs of divorce proceedings

For unilateral termination of marriage, the fee will be 350 rubles. The payment is made on behalf of one applicant.

When registering a marriage, spouses usually decide to have a common surname. Most often, a woman takes a man's surname. In the event of a divorce, she can return to her premarital surname. This service is paid, the fee is 1600 rubles. In principle, there should be no other expenses for a unilateral divorce.

Documents attached to the application

When submitting each application form, you must attach a number of documents confirming the grounds for divorce.

In all cases of application to the registry office, the original marriage certificate must be presented. If it is missing, you need to apply for a duplicate and only then file for divorce.

The passport is returned to the applicant after all information is entered into the program by the registry office employee. The marriage certificate remains with the registry office.

When submitting an application using Form 9

passport;
Marriage certificate;
a copy of the decision (or an extract from it) confirming the right to divorce without the consent of the second spouse;
receipt of payment of duty.

A court decision (sentence) or an extract from it must be certified in the prescribed manner and marked as having entered into legal force.

When submitting an application form using Form 10

passport;
marriage certificate;
divorce judgment (copy) or extract from it;
receipt for payment of the fee.

The court decision is certified by the court, and a mark indicating its entry into force is placed on it.

What kind of document is this?

A subpoena is a formal notification document that informs the recipient of a compulsory or optional summons to appear in court when summoned by judicial authorities.

Such a document can be delivered in person against signature or sent by mail, most often by registered mail. The defendant may receive notification by mail that a certified letter has been received, and will then need to go to a postal service office and sign for receipt of the summons.

Once you have confirmed receipt of the summons by signing in the postal service log, you become responsible if you fail to appear in court.

What does a divorce notice look like?

The contents of the notice under normal circumstances of divorce include:

exact details of the judicial authority in which the claim will be considered;
case number;
the party's residential address;
spouse's full name;
name of the trial;
time and date of the hearing;
the number of the room in which the claim will be heard;
a list of documents required to be provided during the hearing;
signature of the secretary of the district or regional government agency.

Important! Details of the lawsuit were not disclosed in the subpoena. The defendant has no way of knowing the specific reason for the hearing without attending it.

The reverse side of the document contains a list of sanctions and consequences applied if the spouse fails to appear at the hearing.

The appearance of the court notice is shown in the figure below:

Structure and content

The document contains the following information:

The name of the organization (in our case it is either a magistrates' court or a general court).
Case number.
Detailed address of the recipient of the summons.
Last name, first name and patronymic of the recipient of the document.
The name of the case (in our case, a civil case).
The exact time of the court hearing.
The exact location of the court hearing (including the number of the judge’s office or courtroom).
Signature of the court clerk.

On the back of the subpoena, the consequences of failure to appear on the document are indicated if the plaintiff’s appearance is mandatory.

This is what a typical divorce summons looks like:

So, if the plaintiff was obliged to appear in court, but did not appear and was absent during the consideration of the case without good reason, without warning in advance, the court has the right to postpone the proceedings in the case and impose a fine on the “truant plaintiff.”

In other cases, the court may consider the case in absentia, without the participation of the defendant; everyone is aware of the dangers of this in litigation over a divorce.

If both parties fail to appear at the trial without warning in advance, and the case itself, based on the available materials, cannot be considered without the presence of the parties, the court has the right to leave the statement of claim without consideration.

The summons may also indicate a requirement to provide additional material evidence from the plaintiff, if available.

From the moment the court begins to consider your case, the claim documentation and preparation for the consideration of the case in court begins to be formed. When all the initial stages are completed and the court is ready to consider the case, subpoenas are sent to both the defendant and witnesses or other interested parties.

It is interesting that the representatives of the parties are “notified” with a subpoena. But various interested parties are “summoned” to court - translators, specialists, experts, etc.

The validity period of the summons ends at the start of the court hearing on the case, if the defendant does not appear at the trial and does not notify of lateness or valid reasons for absence - it is considered that he “missed” the court session.

The issuance of subpoenas is managed by the court secretary, who monitors the progress of cases and prepares documentation for the proceedings.

Summons for divorce: and a blank form

You can view a sample of the completed document in the image below:

A blank court notice of divorce form is shown in the photo below:

How to write a divorce application correctly

By Decree of the Government of the Russian Federation of October 31, 1998. No. 1274, as amended on February 2, 2006, approved standard application forms for applying to the registry office for divorce.

For each case of divorce, the registry office provides special forms of documents.

Application form to the registry office	When is it served?
Form No. 8	A standard form for divorce of spouses in the absence of common children and with mutual consent to the dissolution of the marriage.
Form No. 9	Application form for unilateral divorce if the second spouse is incapacitated, missing or in prison.
Form No. 10	Application form for registering a divorce after a court decision

The specified application forms are strictly mandatory and cannot be changed unilaterally either by the applicant himself or by the civil registry office.

The application is filled out either by the spouse personally applying for divorce by hand, or by an employee of the civil registry office through a special program.

To do this, they take the submitted documents, information from them is entered into the program, and then the application form with the entered data is printed and given to the applicant(s) for reading and signing.

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IMPORTANT: Spouses have the right to immediately arrive at the registry office with a completed application, having previously downloaded the form and entered all the necessary information into it. But it is important to remember the strict rules regarding filling it out

The application for divorce through the registry office should not contain:

Corrections and erasures;
Unreadable words and numbers;
Errors crossed out or removed with correction fluids of letters and numbers.

One slight mistake - and the application form can be considered spoiled, starting to fill out a new document.

Almost all civil registry offices prefer to fill out the application themselves, so you don’t have to waste time filling out the form yourself. Unless you are going to file for divorce at the registry office without your presence and send the application by mail with your signature notarized.

If the spouse is not in Russia

Migration of citizens is a completely normal phenomenon. Many leave the country for permanent residence in another state or for work, while in Russia they continue to be legally married. If your spouse left Russia and you want to divorce him, then you won’t be able to end the marriage unilaterally. In this case, the provisions of Article 19 do not work. The departure of a spouse is not a reason why the divorce process should proceed without him.

The absent spouse may entrust the authority to handle divorce proceedings to a power of attorney, attorney, or advocate. His interests will not be violated and the divorce process will be significantly accelerated.

If a divorce is planned from a foreigner without his presence in Russia, you can find out more here.

Certification of written consent for divorce by a notary

In accordance with current legislation, most legal actions in the Russian Federation are performed only in the personal presence of the person who takes part in them. However, a number of processes can still be carried out in the absence of one of the parties. In order to agree to carry out such a procedure, an appropriate document must be drawn up confirming the spouse’s consent to divorce.

To complete the procedure in accordance with the rules, the defendant must personally visit the notary's office and provide a list of required documentation for the subsequent preparation of the petition in writing. It includes:

passport of the author of the application;
an agreement drawn up in accordance with the rules;
a copy of the completed agreement.

If for some reason a citizen participating in divorce proceedings cannot personally visit a notary and write a statement according to the sample, a specialist is allowed to be called to his home. The agreement form does not need to be filled out before visiting the notary. The paper can be completed directly during a visit to the relevant institution. Filling out an application with a notary will minimize the likelihood of errors occurring when entering information into the document.

The agreement, which was written according to the sample, must be affixed with another seal. It confirms the fact of the citizen’s consent to the divorce. An additional stamp is also affixed by the notary. The completed documents are handed over to the husband or wife, who will submit the agreement form. He must attach the paper to the general list of documents and submit it to the court or the registry office. If a citizen has decided to fill out the agreement in advance and plans to visit a notary, it is worth using a ready-made form.

You can download the document below:

STATEMENT OF CONSENT TO DIVORCE

To court

I, _______________________________________ for divorce from (full full name)

___________________________________ I agree. I have read the statement of claim (full full name) and support it.

I have no property or other claims against the plaintiff.

I will not be able to appear in court, I ask you to consider the case in my absence.

“___”__________ 20___ ______________________ (certified signature)

Terms of divorce without the presence of a spouse in court

If the entire procedure for divorce is followed, then a divorce without the presence of the parties is no different in time from this procedure in their presence. The minimum period for divorce in court is a month from the date of filing the statement of claim .

But the court may drag on if it has to postpone hearings due to the temporary absence of one of the parties, lack of any necessary document, requests from one of the spouses to reconcile, or other important circumstances. The consideration of the case will be expedited if:

The defendant, immediately after receiving a copy of the statement of claim, will send a request to the court for consideration of the case in absentia;
At the very first court hearing, his legal representative will appear instead of the defendant.

Thus, if you do not want to delay the process , you must carefully comply with all the above requirements.

Consent to divorce

When the presence of one spouse when submitting an application is impossible, for example, due to being abroad, then the citizen is obliged to write an agreement to terminate the relationship. The permission is written in order to facilitate the divorce process. If one of the parties is against divorce, this procedure takes more time and effort.

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This document indicates the reasons why people decided to separate, providing evidence

Important! not considered valid without notarization

The act is drawn up according to a single template. Divorce proceedings are carried out without the permission of the plaintiff during three court sessions.

The decision to dissolve family ties is made without permission when the defendant does not appear before the higher court throughout the proceedings. Severance of relationships Citizens can get divorced, both in the civil registry office and in court. If the decision to end the relationship was made by a couple who does not have a minor child, then they must come to the registry office to submit an application for breaking the family union, and they will be divorced there.

If those divorcing have a child or common property, the marriage must be annulled in court. The agreement at the registry office must be signed by both persons. In court, approval is expressed orally, and separate papers can also be provided confirming mutual permission to break family ties.

The sample divorce permit in the registry office contains 8 points to be filled out by both husband and wife:

FULL NAME.
Date of Birth.
Place of birth (according to certificate).
Citizenship.
Nationality.
Place of residence.
Passport data.
The date when the divorce protocol was concluded and its number.

The name of the wedding palace where the union was registered is required. After filling out the agreement, citizens indicate the date of completion and sign the act.

Next, you need to pay the state fee. Filling out a consent for divorce Consent for divorce sample to the executive authority is drawn up according to the example of an act in the registry office

Important! If the defendant is present, he may not write permission to terminate the marital relationship, but express it during the case

If the decision to divorce is mutual, then both spouses do not have to be present during the process. It is enough for only one of them to appear at the executive authority or the registry office.

When divorcing, either through the registry office or through the court, the spouse who will not be present at the divorce procedure must fill out an application for consent to divorce, form No. 8, have it certified by a notary and sent by mail to the place of dissolution of the union. The same steps must be taken if the presence of an individual is impossible, since he is located in another city.

To have a claim certified by a notary, it must be written according to the requirements and then taken to a lawyer. You need to have with you:

passport;
a copy of the protocol of consent.

The lawyer signs, seals and stamps, which means the application is certified. Notarized consent to divorce can cost differently.

It depends on the prices of the lawyer himself. Certification of documents by a lawyer. There are often situations when one of the spouses wants to save the family and revoke their divorce agreement.

Important! If the termination of a family union occurs through the family ties registration office, then the person who decides to revoke his approval must contact the civil registration office and terminate the dissolution of the family ties. It is also possible to send the document in writing by mail.

It is also possible to send the document in writing by mail.

In the absence of an agreement from one of the spouses, the body will not be able to divorce citizens. If the marriage is dissolved through an executive authority, then the spouse can express his refusal of permission, both orally (all stated positions are recorded in the protocol) and in writing.

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Revocation of permission in court will not cancel the divorce process, but will only suspend the procedure.

Is divorce possible without the presence of both spouses?

Yes, it is possible, and there are several ways. Questions like:

where the procedure will take place (in the registry office, in the magistrate or district court);
how long will it last;
what documents may be needed.

will depend on many factors, including:

presence and number of minor children;
the presence (or absence) of mutual consent to divorce;
for what reason the second spouse is absent and whether it is valid or not;
whether the second spouse gave written consent, or whether he sent a lawyer in his place.

The main thing in such circumstances is strict adherence to the procedure for notifying the authority in which the divorce will take place about the impossibility of the presence of one of the parties.

How to consent to a divorce from another city

There are a great many situations when a couple wants to divorce, but at the same time live separately for a long time, in other cities. A marriage can be dissolved both at the place of its conclusion and at the place of official registration of either spouse. But what if the husband and wife live in different localities?

To do this, it is not at all necessary to go to the place of divorce, especially if the decision to end the relationship was made mutually. Spouses may well get divorced from another city, but only on the condition that one of them is ready to come to the registry office.

IMPORTANT: If there are children, the termination of the marriage will be carried out in court and the second spouse will have to either come to the hearing or inform the court that there are no objections to speed up the hearing

In case of divorce through the registry office. A spouse living in another city must fill out Form No. 8, have his signature certified by a notary and send it to the address of the civil registry office where the first spouse plans to apply.
During a divorce through the court. It is enough to send by mail an application with a notarized signature of the defendant acknowledging the claim, indicating your consent to the termination of the marriage. After the court receives the document, the marriage will be dissolved in the shortest possible time.

Note: If you have an electronic digital signature, it is possible to get a divorce remotely at the registry office using the State Services portal. Read more about the procedure for divorce through State Services here.

Cost of notary services

It is a rare court case, especially if it is related to the disagreement of one of the parties to divorce, without notarized documents. They are often required by the court for a full consideration of the case; sometimes such papers can be presented by the parties as evidence. Such evidence is a marriage contract, which can put an end to legal proceedings. Sometimes you need to certify your signature on a particular document in order for it to acquire legal force.

Even if the divorce is amicable and the spouses, for example, have agreed to pay alimony, they will need to enter into an agreement and have it certified by a notary. Only in this case will the document be accepted by the court, and after the meeting will acquire the force of a writ of execution.

As a result, the cost of divorce increases significantly. You can find out how much a particular notary service currently costs by calling a notary office located in the applicant’s area of residence, or by looking at the notary’s official Internet portal. The cost of notary services consists of two components: the tariff and services of a legal or technical nature. And if the tariff is a fixed amount, then the second part is considered the notary’s remuneration and can vary. The minimum price for notary services for certification of documents is as follows:

agreement on the division of property - tariff from 0.5 to 1.5% depending on the size of the property, payment for services from 3,000 to 5,000 rubles;
agreement on the payment of alimony – from 2250 rubles;
marriage contract – from 3500 rubles;
agreement on the procedure for using premises or land (if the spouses are divorced but continue to live in the same premises) – from 1,500 to 5,500 rubles;
agreement to amend or terminate a previously certified document – from 1200 to 5200 rubles.

Certifying the authenticity of a signature on any documents will cost 500 rubles, and certifying the accuracy of a copy of documents (including passports, certificates, certificates, etc.) will cost 50 rubles per 1 page of a copy or extract.

If you need to calculate how much a divorce costs, you must include the cost of a notary in the amount.

Divorce by mutual consent in the presence of minor children

Divorce by mutual consent is a divorce based on the will of both spouses, which is expressed by a joint statement: in the registry office; or to court (if there are common children). This type of divorce, of course, is much more comfortable than endless litigation and mutual claims. According to Article 14 of the Family Code, as long as a person is in a registered marriage, he does not have the right to enter into a new one. Legislation Marriage relations, or more precisely, marriage and divorce, in the Russian Federation are regulated by the Family Code. Chapter 3 is devoted to the conditions and procedure for citizens to marry; Chapter 4 examines the grounds and procedure for divorce; Chapter 5 contains all the information about declaring a marriage invalid. Article 21, Chapter 4 of the CK RF sets out the grounds for divorce through the court, and Article 23 specifies the procedure for divorce by mutual consent in the presence of children. Feature of registration The peculiarity of Russian legislation is such that when filing a claim for divorce by mutual consent, the desire of both spouses to end the marriage relationship is considered the only reason. They are not obliged to indicate what served as the basis for such a decision.

Important: this approach applies only to spouses who are truly capable of expressing their will (i.e., not under guardianship)

2018-2020: How much does a divorce through court or registry office cost?

Amount of state duty for divorce. Lawyer's advice.

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If you decide to file a divorce with your spouse, then according to Russian law you are required to pay a state fee.

Today, many are interested in the question: how much should you pay in a divorce? In this article, you will find out the amount of the state fee for divorce through the registry office and in court, as well as how much it costs to get a divorce in the event of division of property. Contents: ○ ✔ ✔ ✔ ○ ○ ○ ○ The following factors influence the amount of costs:

The cost of acquired property.
Is division of property necessary?
How will the divorce take place: through the court or in the registry office.

So, dissolution of a legal marriage through the registry office is the simplest and least expensive way from a financial point of view.

In accordance with Art. 19 of the RF IC, spouses wishing to divorce can apply here subject to mutual consent to divorce, as well as the absence of joint minor children (under 18 years of age).

The last point applies only to common children.

If the family has children from a previous marriage who were not adopted by the second spouse, and they have not reached the age of 18, the divorce is processed through the registry office without problems (there is a detailed article about this:).

In 2020, the state fee for divorce is 650 rubles. Each spouse pays for it. In some situations, the fee will be less, namely 350 rubles.

This applies to cases in which an application for divorce is filed by one of the spouses:

If by a court decision he is declared incompetent.
If by a court verdict he is sentenced to imprisonment for a term of more than 3 years.
If the second spouse is declared missing.

Civil registry offices have their own details, which change from time to time.

The cost of divorce: how much is the state duty and what other losses are to be incurred?

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