Why do you need a divorce stamp?
There are situations when, regardless of your desire, you will have to put a divorce stamp in your passport. Such cases include:
- if after the divorce there is a new registration of marriage. Civil registry office employees may require you to first make a stamp in your passport, and only then apply for a new wedding;
- when buying or selling real estate. If there is a stamp on the registration of the marriage, but there is no stamp on the divorce, the Rosreestr branch may request consent to the transaction from the husband or wife;
- when applying for a loan that requires the consent of family members.
In fact, a divorce stamp is required only for those cases where a marriage mark was previously placed. If you don't have the first one, you can do without the second one. Thus, the stamp in the passport is only a formality that finally puts an end to the relationship between the former spouses.
Nevertheless, it is better to get a divorce mark. This is due to the fact that when applying a stamp, the address of the registry office where the divorce took place, the date and registration number are placed, under which the Civil Registry Book contains the corresponding entry. If the certificate is lost, then with the help of this information it will be easier to restore it.
How much do you need to pay for a divorce stamp at the registry office?
However, the divorce process does entail certain costs.
You need to know what the cost of filing for divorce is, how much legal and notary services will cost, and also be prepared for unexpected expenses.
The myth about increasing the fee for divorce to 30,000 rubles.
At the beginning of 2014, some State Duma deputies proposed increasing the state duty for divorce to 30 thousand rubles. The motive behind such radical legislative reforms was the intention to reduce the number of family breakdowns. The number of divorces in Russia is really huge. More than half of marriages entered into in recent years break up.
But can families be saved by raising the cost of divorce? There are two opposing opinions on this matter:
- The first group, advocating for increasing the cost of divorce, assures that this will reduce the number of ill-considered marriages.
Why do you need a divorce stamp in your passport?
In most cases, such a mark is, in fact, a regular formality.
But there are a number of situations where you simply cannot do without a stamp confirming the divorce:
- when a citizen remarries, representatives of the registry office may require a stamp indicating the severance of the previous relationship and only then submit an application to enter into a new one;
- when the procedure for buying and selling real estate is carried out - if there is a stamp in your passport about marriage, but not about divorce, you will definitely be required to consent from your other half to carry out the transaction;
- when signing a loan agreement - usually bank employees also ask for the consent of the wife or husband.
Thus, a divorce stamp is necessary when the passport already has a corresponding marriage stamp. The need for its placement is also due to the fact that it indicates the address of the registry office that placed it, the registration number and the date of the procedure. This information may be useful if the divorce certificate is suddenly lost. This will allow you to quickly restore the document.
Is it mandatory to have divorce stamped in a passport?
No, this mark is not required. However, it should be borne in mind that by having it in the passport, an individual can avoid the following problems:
- Refusal to issue a copy of the divorce certificate. The fact is that the stamp contains information about the surname, patronymic and first name of the individual with whom the marriage relationship was previously registered, information about the state civil registry office, its code, the entry number in the book of deeds and the date of separation of the marriage ties. This information is necessary to restore the certificate.
- Accusations of fraudulent activities by government officials, banks and employers who may believe that the ex-spouse is hiding his true civil status and is trying to fraudulently obtain certain privileges, for example, benefits from the state, loans on more favorable terms for spouses.
- Refusal to marry another person, since civil registry office employees are not always convinced by the presence of a divorce certificate. In this case, they may consider that the previous marriage was not dissolved, and the certificate is a false document.
- Refusal to conduct real estate transactions. The fact is that Rosreestr employees, without seeing the corresponding stamp in the passport, may require written consent from the other spouse to the transaction.
In order to avoid unnecessary problems in the future, it is better to do everything on time and take care of this seal when receiving divorce documents from the state registry office. If for some reason it was not possible to place a stamp, this can be done upon presentation of a certificate or court decision:
- In the place where the marital relationship was dissolved.
- At the state registry office located at the new place of registration of the ex-husband or wife.
There is no administrative fine or other punishment for late affixing of the stamp. Therefore, citizens have the opportunity to contact the state registry office at any time after the end of the marriage relationship, without fear of punishment.
Procedure for obtaining a stamp
The passport has specially designated pages for recording changes in the owner’s marital status. On the identity card they are numbered 14 and 15. Stamps are placed here confirming the registration of the relationship or its breakup. There should be no other marks on the pages.
If the certificate of separation was accidentally severed, burned, drowned or lost, then it is easier to restore it with an entry in the passport than without it. The stamp is a kind of shortened duplicate of the certificate.
The record contains information:
- the official date from which the marriage is considered invalid;
- surname, first name, patronymic of the person with whom the divorce took place;
- information about the government agency where the procedure was carried out;
- act number, if you need to search through the archive.
If there is no space left on the pages of the owner’s marital status, then stamps confirming registration or breakup of relations are placed on the pages for notes. A certificate of separation of family ties issued by the Civil Registry Office and a court decision that has entered into force have equal legal force. They can be presented:
- when claims arise on movable and immovable property after a divorce or after a long period of time;
- when applying for a foreign visa for travel or work;
- when changing a woman's surname.
Where to go
For an official break, you must submit an application, completed in the prescribed form, to the registry office. Then, after submitting an official petition to terminate the relationship by employees of a government agency, the couple will be given a month to think, during which they can reconcile. After the time has passed, documents corresponding to the status are issued.
Within the deadline set by the registry office employee, divorcing people must appear for paper confirming the divorce. Having received an official divorce, the spouses can immediately ask the registry office employee to stamp the passport - this is done quickly, but without the client’s desire, no one has the right to demand an identity card.
If family ties were severed by a statement of claim through the judicial authorities, then in order to obtain a mark on the identity card, you need to collect the necessary documents, attach a court order to them and submit a written request to the registry office where the relationship was registered.
There is another option - you can submit a petition to any regional institution, whose employees will independently make the request. When the answer comes, the spouses will be able to come and make entries in their passports.
Type of stamp
On the 14th and 15th pages of the passport there are 2 types of stamps - they are rectangular in shape. One of them is about the beginning of family relationships, the second is about their dissolution. In Russia, the last type of entry is not required, so not everyone puts it down.
People often forget about the need to enter a printed certificate of divorce on the passport pages, but remember when it becomes a need:
- It will be unpleasant for the new chosen one to see a marriage stamp without a note canceling it.
- It is almost impossible to get a large loan from a bank without the written or oral consent of your spouse. Employees of a banking institution are unlikely to be satisfied with a conversation about divorce.
- When selling or taking out a loan of large movable or immovable property, lawyers, notaries and other government officials must check whether the person is married. In large transactions, the consent of the spouse is required.
- The desire to submit documents to the registry office with a new chosen one will end in a fiasco, because without a stamped divorce certificate, employees of a government agency do not have the right to register the next one.
The presence or absence of a stamp will not play a role if, after losing or replacing a passport, the citizen did not want to renew the marriage record. Then a note about its cancellation is not needed.
Who puts the stamp
Only civil registry office employees have the right to affix a stamp certifying the divorce on passport pages. In Russia, multifunctional centers have recently appeared that provide this service. If you have a question about where to put a divorce stamp in your passport, then you don’t have to contact the court staff, they do not have the right to do this.
Sequencing:
- collect a package of necessary documents related to the case;
- pay the fee, attach the check to the papers, not forgetting to keep a copy for yourself;
- contact the registry office with a written request;
- give up your passport;
- pick up your stamped ID at the stated time.
This is how the procedure for dissolving marriage ties goes, provided that there are no minor children, claims to property or real estate. Also, both divorcing parties must agree to document the divorce.
The process of stamping a passport is completely different if the spouses have divorced through the courts. This development of events occurs quite often. Pretexts to break off family relationships:
- disagreement to divorce;
- minor child;
- property claims.
How to put a divorce stamp in your passport after a court decision:
- first contact the judicial authorities to obtain a valid certificate that the termination has taken place;
- collect the remaining documents, add your passport;
- pay the fee, pin the check to the papers;
- submit a written request to any regional registry office;
- arrive at the time appointed by a government agency employee and pick up the papers.
List of required documents
To speed up registration, you need to correctly collect and submit documentation. To obtain a stamp, you must provide the following to the registry office:
- duty payment receipt;
- identification;
- written statement;
- divorce certificate.
To speed up the process, you must attach a court ruling that has entered into force to the listed documents or obtain a certificate from a court employee stating that the divorce process has taken place.
Price
According to the provisions of the Tax Code of the Russian Federation, registration of acts of civil status (including divorce) is subject to a state duty, which includes the cost of stamping.
Thus, the duty amount is:
- 650 rubles (a contribution is charged from each spouse) – for a divorce carried out both in general and in court;
- 350 rubles (from the applicant) - for a divorce initiated unilaterally (condition - the second spouse is declared incompetent, sentenced to a term exceeding 3 years, or is absent for other reasons).
When do they put a divorce stamp in their passport?
In order to terminate family relations between spouses, a number of conditions stipulated by law related to the termination of marriage relations must be met. To carry out your intentions and separate officially, you need to apply either to the registry office or to the court.
Not all spouses will agree to divorce at the civil registry office. Only those who do not have common acquired property and young children will be able to separate without litigation. The decision to divorce is not controversial for either party. After a couple files an application for divorce, a month must pass, which is provided to reflect on this event and possible reconciliation.
Divorce is considered a completed event after a special entry is entered into the civil register under the number assigned to it. On this basis, a divorce certificate is issued. Along with the issued certificate, a divorce stamp appears in the passport on the “marital status” page under the marriage registration mark.
If the divorce took place on the basis of a court decision, then an entry in the book of deeds appears after the registry office where the marriage was registered receives an extract from the court decision on divorce. It indicates when, by whom and on what basis the marriage was dissolved. This is an internal procedure for office work, necessary so that there is no confusion and the truth can be found if the situation is unclear.
Citizens must contact the registry office at their place of permanent residence and obtain divorce certificates there. This can be done after receiving a court decision. Former spouses each pay the state fee separately and receive an individual divorce certificate. At the same time, they get a stamp in their passport, indicating that a divorce has occurred.
Why do you need a stamp in your passport?
A divorce stamp in a passport officially confirms the breakup of a family. The record contains information about the citizen whose marriage was dissolved.
The divorce stamp proves the fact of dissolution of the family relationship and, if the certificate is lost, allows it to be restored without unnecessary hassle. Having a seal is extremely important in the following circumstances:
- the person wants to officially register a new relationship;
- the citizen applied to the bank to apply for a loan, but this requires the consent of the spouse;
- When signing a purchase and sale agreement, you need the permission of your husband or wife.
How much does a stamp confirming divorce cost? Setting the mark is free, or rather, the cost of the service is included in the state fee paid upon divorce.
If a citizen was married and the document contains a record of its conclusion, regardless of the actual marital status, he will have to document this. Whereas having a stamp makes a person’s life much easier. Persons who have changed their passport but have not restored their marriage status record can avoid the need for a stamp. In such cases, the passport page remains blank.
Stamp in passport about divorce
226 Share The dissolution (as well as the conclusion) of a marriage is subject to mandatory registration in accordance with the legally established procedure. After the divorce, the now ex-spouses are given appropriate certificates, on the basis of which stamps are also placed in their civil passports indicating the termination of the marital relationship.
Necessity of availability According to the provisions of the legislation (primarily the Family and Civil Codes) of the Russian Federation, a divorce stamp in the passport is affixed upon the fact of dissolution of the marital relationship. The main purpose of this stamp is to cancel an existing mark of marriage. In fact, the presence of a stamp is only necessary when registering a new relationship, since placing a stamp on a remarriage in a passport without “cancelling” the old mark is illegal.
In other cases, this procedure is nothing more than an optional formality. However, the presentation of the
Is it possible not to install it?
In accordance with the legislation of the Russian Federation, the main document officially confirming the breakup of a marriage union is a court decision or certificate. In this case, the entry in the passport is important, but not mandatory. That is, if a citizen does not put a mark, he will not have to pay a fine and will not bear any responsibility.
The absence of a seal in some cases becomes an obstacle for a person who was previously married. To confirm the breakdown of a family, a citizen will have to provide a court decision or certificate.
It is necessary to put a stamp in the following cases:
- if you wish to enter into a new marriage relationship;
- when one of the parties to the divorce proceedings has the citizenship of another country.
Flat rent
- A judicial act received on the territory of a foreign state is legitimate in our country. In this case, it will be necessary to obtain its translation, carried out properly and certified by a notary (since in other countries the Russian language is rarely used in legal proceedings). In some cases, you will have to obtain an apostille (a special diplomatic inscription establishing the legal force of the act on the territory of the Russian Federation).
- A decision of a foreign court is not recognized under international treaties on the territory of the Russian Federation as a basis for declaring a marriage dissolved. That is, a person will need to apply to a Russian court for recognition of a legal fact, then receive a new decision that the divorce process in another country was carried out correctly.
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Dissolution of marriage relations is carried out in strict accordance with the requirements of the Family Code of the Russian Federation and the Federal Law “On Acts of Civil Status”. At the same time, none of these legal acts contains information about whether such persons need to have a divorce stamp stamped in their passport. Let's try to understand this issue.
What to do if there is not enough space for a stamp?
Sometimes citizens are faced with the impossibility of making an entry in their passport due to lack of space on the page of the document. The problem arises if a person has registered official relations several times. Where do they put the stamp in this case and is it possible to make an entry on another page?
The legislation provides two ways to solve the problem. One of them is replacing a current passport. To do this, a citizen must contact the passport office with a corresponding application. The cost of replacing an identity card is 1,500 rubles - this is the amount of the state fee. The stamp can also be placed on another page of the passport. This will not in any way affect its legal validity.
Stamp when replacing a passport
A large number of citizens face the need to replace their passport every day. A new document is issued in the following situations:
- due to significant damage and wear of the ID;
- if lost;
- upon reaching the age of twenty or forty-five years;
- due to changes in personal information, in particular, last name after registration or dissolution of marriage;
- due to a citizen’s gender change;
- There are factual errors in the document.
To make an entry in the passport, a court decision or divorce certificate is presented to the state registration authority. In this case, they are guided by the following rules:
- a stamp is placed if the marriage is valid;
- if there was a note in the previous document, but the marriage has now been dissolved, no entry is made;
- previously divorced marriages are not recorded; information about the last registration of the relationship is important.
Stamp in passport for divorce from a foreigner
Adding a stamp to a passport indicating a divorce from a foreign citizen can cause a lot of trouble, especially if the official breakup of the family occurred outside the Russian Federation. To get a stamp, a person must go through the following steps:
- obtain a decision from a foreign court;
- make a translation and have it notarized (in some cases, the apostille requirement is met);
- submit a judicial act to the local branch of the Federal Migration Service at the place of your registration.
However, acts of foreign courts are not always recognized in the Russian Federation, and therefore it is impossible to mark them. In this case, the person should apply to the judicial authority with an application for recognition of the fact of divorce. After a positive consideration of the case and the decision entering into legal force, the citizen submits the document to the Federal Migration Service for putting a mark in the passport.
The process is quite lengthy, but in some cases it is necessary. It is worth noting that a record after a divorce from a foreigner can only be made by the Federal Migration Service, and the civil registry office does not have the rights to do this, since it deals only with events registered in state registration institutions of Russia.
Divorce stamp in passport
- The number of the act record recording the dissolution of the union or the number of the court decision;
- The date of such registration or the date of entry into force of the court document;
- The citizen's surname, which he will bear after the termination of the family union.
The divorce mark has a rectangular shape with signed fields for completion by authorized specialists. On the stamp itself, at the top center, the name of the body that made the corresponding mark is indicated.
Stamp in passport after trial
However, divorce can be carried out not only in the registry office, but also in court. How do you put a stamp in this case?
According to the law, if the divorce was formalized in court, a divorce certificate is no longer required. The court decision completely replaces it, provided that it has already entered into legal force. The following deadlines apply:
- The decision on divorce comes into force after the period for filing an appeal has expired. According to civil procedure law, this time is one month from the moment the decision was announced by the judge. Changes to the Code of Civil Procedure of the Russian Federation were made in 2010; before that, the period was only 10 days;
- if a complaint is filed, the decision becomes valid only after consideration of the appeal on the merits;
- if the divorce took place in the absence of one of the parties, the month period is counted from the day the decision is sent to the defendant. The moment of delivery is determined by mail data, and the date of receipt is considered to be the one on which the delivery notice was signed;
- after the divorce decision has become valid, the documents are sent to the registry office within 3 days. In this case, a certificate is no longer required: the judicial act itself has sufficient force to make an entry in the registry office book and put a stamp in the passport on divorce.
If the marriage was terminated in court, you can put a stamp in the same manner as for a divorce through the registry office. The only difference will be that the stamp is placed not on the basis of a certificate, but on the basis of a court decision: along with the application, you must present a copy of it or an extract received from the court office or received by mail.
However, the certificate itself must be obtained. The fact is that, according to Art. 25 of the RF IC, a new marriage cannot be registered until the former spouses have received a divorce certificate. The law does not set a deadline for this, but the later, the more difficult it will be to obtain it. If a lot of time has passed since the divorce, you may need to contact the registry office archive, where records for previous years are stored. However, in practice there are cases when people apply for a certificate after several years.
How much does it cost to get a divorce stamp on your passport?
Was - 2 times! But I’m trying to understand what I did there myself. )))))))))))))2 first, once a guest on the groom’s side, second one) the witness got married once, registered children twice, then several times as a witness once, and once received a death certificate.. 1 married once, second time print
in
.
divorce certificate
and in the Civil Registry Office on the basis of an extract from the decision of the Civil Registry Court
. If you divorced in
court, then you must first obtain there (in the archives) a certificate about the date of entry into force of the decision.
Then, with this certificate, the registry office will put a stamp
and issue a certificate
of registration
.
Responsibility for the absence of a stamp
Russian legislation does not provide for legal liability for failure to affix the mark in question to the passport. However, in practice, there are often situations in which citizens “punish” themselves - in particular, receiving at the registry office a natural refusal to accept documents for concluding a new marriage.
The stamp in question only duplicates the information contained in the divorce certificate and primarily serves to cancel the mark of marriage rather than to confirm the fact of divorce itself. In fact, the presence of this seal is required only when a citizen remarries.
How to put a divorce stamp in your passport
7. Divorced 3 years ago. The divorce took place on the initiative of the ex-wife, they divorced without my presence, she was given a certificate of divorce. I still have not received either a certificate or a divorce stamp in my passport. The court decision has already been transferred to the registry office. What state fees do I have to pay and do I need to pay a fine to get a stamp in my passport?
8.1. Good afternoon Have you ever received a marriage registration certificate? Based on it, a divorce stamp is placed in the passport. If you need to receive a copy of the court decision, you can send this application to the court for a copy by mail to the court, with a request to send a copy of the decision to you by mail.
What to do if the marriage was dissolved abroad?
Some problems may arise when the ex-spouse is a foreign citizen, and the divorce itself was carried out on the territory of another state. Here, in order to put a stamp, the algorithm of actions will be as follows:
- First you need to get a copy of the foreign court's divorce decision.
- If the document is not in Russian, you will need to make a notarized translation. There are exceptions to this rule. It is not always necessary to translate decisions of authorities of another state. For example, documents are drawn up in Russian in Belarus, in Kazakhstan and other countries of the former USSR. In addition, documents from some countries (for example, Israel) may require an apostille - a special mark indicating that the document is recognized. Apostille is issued by consular authorities;
- The court decision must be submitted to the Federal Migration Service office at your place of permanent residence.
There are situations when the decision of a foreign court is not recognized, and the divorce stamp is not placed in the passport. It depends on what kind of international treaties Russia has concluded with this state.
If a foreign decision cannot be recognized, the procedure will be different:
- You should first contact a Russian judge. You need to file not a claim for divorce, but an application to establish the fact of divorce;
- since this type of proceedings is allowed even if the interested person is absent, it is enough to receive a letter from the former spouse addressed to the Russian judge stating that he does not object to the consideration of the case without his participation. Finally, if it is not possible to receive such a letter, the application will be considered even if the properly notified former spouse does not appear at the meeting;
- after the Russian court has made a decision and established that the divorce has taken place, you need to receive a judicial act and wait until it acquires full legal force;
- With the judge’s decision, you can already contact the employees of the Federal Migration Service, who will put the necessary marks on the passport pages. In this case, the stamp cannot be obtained from the registry office, since this body has the right to put marks only on those events (wedding, divorce, etc.) that were registered in the registry office in Russia. If both the marriage and divorce took place in another state, only the Federal Migration Service has the right to affix the seal.
In general, this procedure will take a lot of time, but you cannot do without it: without a stamp and a recognized foreign court decision or a similar act of a Russian court, you will not be able to get married again.
Why do they put a divorce stamp in their passport?
After the official termination of the relationship in court, in order to make a note in the main document, you must go to the registry office at your place of residence, where, on the basis of the presented decree, they put a mark and issue a certificate of termination of obligations to each other.
In this case, people most often forget about the mark in the document or do not want to waste their time on it. After the court process, the former spouses are given a decision, which is an official document confirming that people are no longer bound by obligations to each other.
Why do you need a stamp in your passport?
Sometimes people wonder why they need a divorce stamp in their passport. After all, in essence, it simply confirms the fact that the person is no longer married, but in fact does not affect marital status. There are no sanctions for the absence of a divorce certificate or a confirmation stamp in the passport. In fact, it is left to the individual's discretion whether and when to obtain documentary evidence of their new status.
Some people are reluctant to get a seal due to the strong negative emotions associated with divorce. A person does not want to remember this again, so he avoids visiting the registry office. Sometimes this is due to negligence - people simply don’t see the need for it, forget or are too lazy to make time. Especially if they have a busy work schedule, and the registry office is located far from their place of residence and work. Sometimes, immediately after a divorce, they move to another city and believe that only the authority that issued the certificate can make a mark.
Immediately after the divorce
If the spouses divorced through the registry office, then the issue is resolved simply. After a month, allotted for additional consideration of the decision, the divorce will be officially registered. It is enough to go to the institution where the application was submitted at the reception time, pick up the certificate and put a stamp.
It is not necessary to do this together, but at least one of the spouses must visit the registry office. The failure of both to appear is automatically equated to a desire to save the marriage, and the divorce certificate is annulled. Therefore, if they come to their senses and come for the document a few days after the deadline, there is a high probability that they will have to write the application and pay the fee again. If they never came to the registry office, and later decided to remarry, it may turn out that they are still married. You will need to look for your ex-spouse and negotiate the divorce again.
When a divorce occurs through a court, its employees independently send an extract of the final decision on divorce to the registry office. It will no longer be possible to cancel it; the divorce will be considered valid even if neither spouse comes for a supporting document. After the court's decision, you can come for the certificate at any time - it will not cease to be valid.
To stamp your passport at the registry office that registered the marriage, a copy of the court decision is usually not required. It is enough just to report that the divorce took place in court. But to speed up the procedure, you can take the extract and present it to the registry office employees. They will stamp your passport and issue a divorce certificate. If this is another department, then you cannot do without a court decision.
In another city
A situation may arise when a person, after a divorce, moved to another city before stamping the divorce in his passport. Previously, to confirm the necessary information, it was necessary to send a request to the registry office that registered the divorce. Now, thanks to the flow of documents between departments, the issue is resolved much easier.
If a person does not have a divorce certificate, but has a court decision, it is enough to go with it and a passport to the registry office at the place of permanent registration. Based on these documents, employees will stamp your passport.
Through MFC
Multifunctional centers have become a part of people's lives. Submitting and receiving a package of documents using the “one window” principle significantly saves time. However, since this organization is essentially an intermediary between citizens and various departments, there are issues that are not within the competence of the employees. Also, the list of services may differ in different localities.
If a person has not received or has lost a divorce certificate, you can order its original or duplicate through the MFC, paying the state fee for processing the document. In addition to your passport, you will need to attach a copy of the court decision to your application. But the MFC can only help with obtaining a certificate; they do not stamp the divorce. However, you can go to the registry office with this document and put a stamp on its basis.
Through State Services
If the desire of the spouses to divorce is mutual, they have no children and no disputes about property, an application for divorce can be submitted on the State Services website. There you can also indicate the civil registry office where the applicants want to divorce. This does not have to be the body that carried out the registration. The status of the application is tracked in your personal account.
By proxy
If a person cannot receive a certificate and put a stamp in person, this can be done by any authorized person on the basis of a power of attorney. The document must be notarized. If it is necessary to put a stamp in the passport of a person declared incompetent, this can be done by his legal representative, whose authority is confirmed by the corresponding document.
When there are no documents
It happens that a person does not have documents on hand confirming the fact of divorce. He either did not receive them at all or lost them. If the divorce went through the court, you can request a copy of the decision there and contact the registry office with this document. When the procedure took place through the registry office, it is enough to contact any department. Its employees will independently request the necessary information from the archive and issue a duplicate.
If there is no divorce stamp in the passport, the person is considered divorced
HELP ME TO UNDERSTAND. I have this situation. The husband filed for divorce. divorced through the court, because We have a 6 year old child. We received a court decision on divorce in our hands (each of us has 1 copy in our hands). Neither he nor I went to the registry office (there is NO SEAL ABOUT DIVORCE IN THE PASSPORT). My husband returned and we made peace. Now I think we are divorced or not yet.
Please tell me! This is the situation. The husband has been divorced from his first wife since 2021. She filed a lawsuit. He has a court decision in his hands, there is no stamp in his passport, because he changed it and did not put a stamp. We got married 3 years ago and have a child. The other day we arrived in the city where he was registered for the first time, went to the registry office to get a divorce certificate on the basis of a court decision, and there they said that our marriage was not valid and should be annulled and only then would he be able to get a divorce certificate. Although his ex-wife has it. According to them, it turns out that she divorced him, but he did not divorce her. Well, this is nonsense. After all, there is a court decision on divorce? Tell me who is right? Otherwise, if we annul our marriage, then the child will turn out to be born out of wedlock and all documents for the new surname will not be valid. I'm just in shock!
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Legally significant consequences of the stamp
Is it necessary to put a stamp in your passport about divorce - this action is mandatory. The state protects marriages registered in the registry office. Actual cohabitation does not give rise to legally significant consequences for a married couple who decides to end their relationship. There were initiatives to equate five-year cohabitation with a legal marriage, but they did not find support in the State Duma of the Russian Federation.
How to put a stamp - you need to obtain a divorce and appear at the registry office after the court decision.
The stamp is placed upon state registration of the divorce. It is possible in several ways:
- through the registry office by mutual agreement between the spouses;
- in court, by mutual consent of the husband and wife - if they have a common child under the age of 18, including an adopted child;
- in the registry office - regardless of the opinion of one of the spouses, if one of them has become incapacitated, is missing or has received a prison sentence of more than three years.
In all of the above cases, an application by one of the spouses or a joint application of the husband and wife to the registry office (court) will be required. If the spouses do not have their own children, then they can contact the registry office and, a month after completing the application, come with passports and dissolve the marriage by mutual consent. Then the registry office employee will enter information about the divorce into the registration book.
The corresponding mark is placed on page 14 of the spouses’ passports. It contains information:
- FULL NAME. date of birth of the spouses;
- date of divorce;
The passport also contains information about minor children. To register a divorce you will need to pay a state fee. Each spouse will have to pay 650 rubles. Regardless of the method of divorce, spouses can divide property separately. This can be done through negotiations.
The husband and wife must then sign a notarial agreement stating:
- date, time and place of execution of the document;
- date of divorce (can be guided by the date indicated in the stamp;
- information about the property that went to each spouse after the divorce;
- information about shares in common property;
- information on compensation for the transfer of individual items to each spouse;
- data on things – property of common minor children. Spouses also have the right to indicate information about bank accounts (deposits) opened in the name of the child;
- procedure for resolving disputes and disagreements (the clause can be specified at the request of the spouses).
The agreement must be signed by each spouse. It is certified by a notary. A stamp in a passport is a visual confirmation of divorce, which gives spouses the right to agree on the amount of financial support for a common child. This can be done by signing a child support agreement, in which you need to indicate information about the parties and the amount of financial support for the common child. Separately, you can agree on the amount of alimony for your ex-wife, including during her pregnancy and until the child reaches three years of age. The agreement may specify the procedure for indexing alimony and changing the document. The agreement can only be changed by a notary.
What is it?
The divorce stamp is a rectangular seal commensurate with the marriage stamp. It is placed on the 14th or 15th page of the passport, depending on the availability of space - these pages reflect the citizen’s marital status. The mark contains the following data :
- Civil registry office , which certified the dissolution of the marriage.
- Date of stamping.
- Details of the second spouse.
- Identification number of the divorce certificate (for more convenient searching and issuing a copy in case of loss of the original).
Many people know what a divorce stamp looks like, but if you compare the stamps of different regions of residence or even districts in the same city, you will notice some differences in the scale of the stamp, the width of the lines, and the font. There are no clear legal requirements for the type of design; its content is of fundamental importance; all the data listed above must be displayed there.
A divorce stamp can be placed at any registry office
/ / The cost of the service for stamping a passport is not established at the legislative level.
Carrying out this procedure is included in the cost of the state duty paid upon termination of official relations, which is 400 rubles in all regions of Russia. The most common situation is entering into a new relationship.
The chosen one is unlikely to be satisfied with your divorce certificate or court order; few will be pleased that in the passport of a loved one there is a note about marriage with another person, and there is no stamp about its dissolution. Divorce is a procedure that is often accompanied by a number of problems.
Sometimes it will not be possible to simply break up an officially registered family.
Drawing up an application
A written request to the registry office or judicial authorities does not have a universal template, because each situation is unique. Documents corresponding to the status that may influence the decision and are relevant to the case are attached to the application. In addition, you will have to pay a small fee.
Application to the registry office without minor children
A written application should be submitted to the place where the marriage took place. If this is not possible, then any other registry office will do. Such an application is submitted only with the consent of both spouses. If one of them does not agree, then a petition must be filed.
Form No. 8 is used to draw up a written request. In the upper part on the right you need to write to which registry office the paper will be sent, the last name, first name and patronymic of the spouses. There is no need to touch the upper left part - the employee fills it out.
The following must be submitted along with the application:
- a copy of significant pages of the passport;
- certificate of registration of family relations;
- original receipt of payment of the duty (in 2021 it is 650 rubles).
Next, you should fill out 8 points in which you must enter the data of both spouses:
- Full details – last name, first name, patronymic.
- Date of birth according to passport.
- The city in which you were born.
- Citizenship.
- Optional item, displays nationality.
- Place of residence.
- Identity card details – number, by whom and when issued.
- Details of the marriage certificate.
After filling out 8 points, you should indicate what last names the spouses will have after the divorce. The date of completion and signature is indicated at the bottom of the form. This completes the application.
Application to the registry office if there are minor children in the family
Divorce in court for a child under 18 years of age can be avoided by limiting yourself to a trip to the registry office in the presence of certain documented situations. Here they are:
- with a missing family member;
- if there is a court decision that has entered into force declaring the spouse incompetent;
- if one of the parties to the marriage is imprisoned for a period of more than 3 years.
If there are one of three reasons, you should write a written request to the registry office using form No. 9. In its upper part on the right you need to write to which government agency the paper will be sent, the last name, first name and patronymic of the spouses. There is no need to touch the upper left part - the employee fills it out.
Next, you should fill out 8 points in the application, in which you must enter the data of both spouses:
- Full Name.
- Date of Birth.
- The city in which you were born.
- Citizenship.
- Optional item, displays nationality.
- Place of residence.
- The most important point here indicates the reason for the breakdown of family relationships.
- Identity card details – number, by whom and when issued.
- Details of the marriage certificate.
After this information, you should indicate what surname the spouses want to keep after the divorce. The date of completion and signature is indicated at the bottom of the form. This completes the application.