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Развод, когда присутствует обоюдное согласие | Касьяненко и Партнеры

Divorce scenarios are very diverse: from lengthy court proceedings to peaceful decision – making. In this case, the mutual consent of the spouses to divorce is mandatory. Kasyanenko & Partners Law Company specialists are ready to provide you with their long-term experience in solving such divorce difficulties.

If an agreement has been reached between the spouses regarding the need for divorce, they can apply to the state registration authorities or to the court. The spouses will go to the registry office or to the court – this depends on the presence of children in the family who are not yet eighteen years old. If there are children, it is necessary to apply to the court, because this is the only option that the Family code considers. In this article, we consider the case when spouses jointly file for divorce. If there are no children in the family or they have already reached the age of majority, then you can safely visit the registry office. Divorce procedures and their features are discussed below.

Divorce by mutual consent

If we talk about specific terms of the divorce, they are clearly spelled out in the current legislation. When applying to the civil registry office, this is one month and its counted begins from the moment when this instance recorded the application of the spouses. If the divorce issue is handled by the court, the month starts counting from the moment of the first hearing. It is the judge who, after a month, will be able to confirm the fact of the official termination of the relationship with his decision. There are situations when a couple or one spouse changes their mind to divorce. Then the application can be withdrawn before the end of the period of one month, which is just given to the spouses for reconciliation.

You can file divorce documents with the civil registry office at the place of registration of one spouse (if they live separately) or at the place of registration of a couple (if they live together). In the judicial version, the same conditions apply. When there are children in the family, the decision to divorce should be well thought out. If the application is submitted by mutual consent, the court considers a case in which the spouses are on the same side and only argue the need to break off the relationship.

The necessary paperwork

The list of necessary documents for divorce is directly dependent on the instance to which the spouses will apply: the civil registry office or the court.

Documents for the civil registry Office

The list includes the following documents:

  • a divorce application signed by the spouses;
  • a receipt that confirms that the court fee was paid;
  • original of the marriage certificate.

The court must prepare:

  • a divorce application signed by the spouses;
  • a contract that explains the relationship between parents and children after the marriage is terminated;
  • marriage certificate;
  • child’s birth certificate;
  • notarized agreement on the number and specifics of alimony payments;
  • a receipt that confirms that the couple paid the court fee.
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