Termination of marriage

By the law, to be more precise, Article 16 of the Criminal Code provides for 3 grounds for ending the marriage. The first is the death of a spouse. In this case, the marriage is automatically canceled. An infringing document is a death certificate issued by a registry office. Any additional registration is not required.

The second reason is to declare a citizen dead. For this purpose, there should be no information in the place of his residence and stay for 5 years, and in case he disappeared without a trace under the circumstances threatening with death or which allow to suppose death in the result of an accident - within six months. To recognize the deceased serviceman missing in connection with the military actions, a period of two years is enough. To stop the marriage on this grounds, you need to apply to the court with a statement. Marriage also terminates automatically upon a court decision that has entered into legal force.

The third reason is the dissolution of marriage at the request of the spouse, or in the event that he / she is incapacitated by a guardian. Each of the spouses has the right to terminate the marriage. An exception is provided for a man whose spouse is pregnant or has a common child under 1 year old.

Terms of divorce affect the order of divorce proceedings, which can be carried out through a registry office or a court. If the desire is mutual, there are no common minor children, it will be enough to apply with the general application of the standard form to the registry office, the form of which can be obtained at the specified institution. At the same time, the reasons will not be clarified and proof of the impossibility of preserving marriage and family will not be required. It is possible to address one spouse, if the second court is recognized as missing, incapacitated or for a crime sentenced to imprisonment for more than 3 years.

It is necessary to apply to the court if:

- there are common underage children;

- the second spouse does not agree to the termination of marriage, or does not object, but shies away from it (for example, refuses to file an application or is not for the state registration).

To start the procedure of divorce, it is necessary to file a statement of claim in the court of the place of residence of the other spouse, which should contain information about the date and place of marriage registration, the reasons for divorce, the availability and age of common children, information on the existence of an agreement on their further maintenance and upbringing. To the statement of claim it will be necessary to attach a marriage certificate, a copy of the birth certificate of the common child, a certificate of the place of residence of the parties.

In order to preserve the marriage, the court can take measures aimed at reconciling the spouses and give a period of up to 3 months. If this does not bring results and the couple will continue to insist on divorce, it will be implemented.

With mutual consent to the termination of marriage of spouses who have common minor children, the court does not clarify the reasons for the divorce. The parties can draw up an agreement in which it will be written out where the children will continue to live and what is the procedure for paying the funds for their maintenance, which will be submitted to the court later. If he is absent or if the interests of the children are violated, the court may take measures to protect them. In particular, the husband will be identified, from whom they will stay, and the amount of alimony. At the request of one of the parties, the division of property may be effected.

The termination of marriage is carried out by the court not earlier than a month from the date of submission of the application, so that the spouses can carefully think over this period. Spouses are considered divorced after the entry into force of the court decision. After that, the extract from the decision is sent within 3 days to the registry office at the place where the marriage was registered. Before obtaining a certificate, it is impossible to enter into a new marriage.