When will the law on divorce for 30,000 come into force?

Concept of penalty for divorce

In accordance with Article 16, paragraph 2 of the Family Code of the Russian Federation, a marriage union is dissolved at the request of 1 or two spouses. Its termination is a human right confirmed by law. However, when a married couple separates, by law they must pay a certain amount for the procedure.

From a legal point of view, this is not a penalty for divorce, but a fee. It is charged for paperwork, and is not a preventive measure for husband and wife.

Are there penalties for divorce?

The legislator emphasizes the importance of the family as a unit of society in numerous regulations, including the Constitution of the Russian Federation, the Family Code of the Russian Federation and many others.
In this regard, the divorce process is not encouraged, but, on the contrary, condemned by the state. That is why several years ago, in 2013, D. A. Medvedev put forward an initiative to introduce the so-called fine for divorce. It was supposed to increase the amount of the state fee when submitting documents for dissolution of a marriage to 30,000 rubles. Society reacted sharply negatively to the upcoming reform. The proposal to establish a fine for divorce caused a stir in the media. It is worth clarifying that the bill was about increasing the amount of the state duty, and not about establishing penalties. What is the difference? You should understand what a fine is:

1. This is a type of punishment provided for a person committing an administrative offense or crime. This definition is reflected in Art. 3.5 Code of Administrative Offenses of the Russian Federation.
2. This is a monetary penalty imposed by authorized bodies.
3. The amount of the fine is established by the norms of the Code of Administrative Offenses and the Criminal Code of the Russian Federation.

In addition, the state fee for divorce in 2021 is fixed by the provisions of the Tax Code of the Russian Federation and does not imply holding a person liable.
Currently, the presented initiative has not been reflected in practice, this is due to the fact that the cost of living in 2021 is 11,000 - 13,000 rubles. The amount of the fine for divorce cannot significantly exceed the amount of wages. This limits the freedom of choice of citizens and violates the principle of voluntariness when dissolving a marriage between spouses. However, the goal of reducing the number of divorces cannot be achieved by increasing the fee. Thus, in 2021, the amount of the state fee for divorce does not change, in addition, there is no fine in the amount of 30,000 rubles.

Who pays the fine upon divorce?

During the divorce process, the state fee will be paid by the spouses. However, the general rule is complemented by some subtleties:

1. According to clause 5, part 1, art. 333.20 of the Tax Code of the Russian Federation, when filing a claim for divorce in court, the fee is paid by the plaintiff, that is, the one who filed the claim.
2. Within the meaning of clause 2, part 1, art. 333.26 of the Tax Code of the Russian Federation, when filing an application for divorce with the registry office, the fee is paid by each spouse separately. This is due to the fact that both will be issued separate certificates.
3. Item 2, part 1, art. 333.26 of the Tax Code of the Russian Federation also indicates that if one of the spouses is in prison, declared dead or missing, then the fine is paid by the second, who requires a divorce.

In 2021, the Tax Code of the Russian Federation establishes categories of citizens who are exempt from paying fees for divorce. According to Art. 333.35 Tax Code of the Russian Federation, art. 89 of the Code of Civil Procedure of the Russian Federation, these include:

1. Plaintiffs in the case of the collection of alimony.
2. Disabled people of 1st and 2nd groups. It does not matter whether the disability was congenital or acquired.
3. Veterans of the Great Patriotic War or other military actions, persons - former prisoners.
4. Heroes of the Soviet Union, Russian Federation.
5. Citizens who have received the title of Knight of the Order of Glory.

In the case of paying the state fee to the court, the plaintiff may demand the return of the divorce fine. This is possible in a situation where the judge made a decision in favor of the applicant, then a petition is filed with a request to recover funds from the defendant in the amount of the amount paid. This rule is specified in Art. 93 Code of Civil Procedure of the Russian Federation, Art. 333.40 Tax Code of the Russian Federation. You can download the application for exemption from paying the fee in 2021 here.

Attention

The plaintiff has the right to recover from the defendant not only the amount of the state duty, but also other expenses that he incurred in the trial. These include payment for examinations, services of representatives, etc.

Has the bill on payment of a fee of 30,000 rubles for divorce entered into force?

According to D. Medvedev, such a bill was supposed to help people who want to get married to take a more responsible approach to creating a family unit in society. The ex-Prime Minister did not want such an amount to become a fine; he pointed out that the best solution would be to increase the amount of the state fee that is paid upon divorce. But many people did not support the amendment due to the fact that such a law would limit the constitutional rights of citizens. On top of that, as of the fall of 2013, the average salary was 11,000 rubles, so paying a fee of 30 thousand would be unaffordable for most Russians.

1. Both spouses agree to divorce, do not intend to divide jointly acquired property and do not have common children who have not reached adulthood.
2. Upon application to the registry office of one of the spouses with a statement, the content of which contains a confirming fact that the husband or wife is considered missing, dead, or imprisoned for a period of 3 years.

• the spouses must agree to the divorce and must write a divorce application together (or an authorized representative of one of them or both parties must be present);
• there should be no common children under 18 years of age (natural or adopted);
• There should be no property disputes.

• the statement of claim itself in the prescribed form indicating the reason for the divorce (for example, the standard “do not get along”);
• applicant's passport;
• marriage certificate;
• documents on the birth or adoption of children (if available);
• various agreements, if they are concluded by the parties: on the procedure for paying alimony, on the order of living of children, on the procedure for using the premises, on the division of property, and so on;
• assessment of the value of the disputed property;
• documents from the bank about the availability of loans or mortgages;
• marriage contract;
• other evidence, if necessary (for example, if domestic violence is indicated as the reason for divorce, then you need to submit a certificate from a medical institution about the nature of the beatings inflicted or a copy of the resolution on bringing the other party to administrative responsibility for beatings (from the district police officer); if the dispute concerns property that is inherited - a copy of the will certified by a notary, if the property (for example, an apartment) was acquired before marriage - a copy of the registration certificate with a date preceding the moment of marriage); a copy of the receipt for payment of the state duty.

As for the severance of family relations through the courts, the tax payment in 2021 will be 850 rubles. Payment is made before the start of the family dispute, but this does not guarantee that the spouses will not be given the opportunity to reconcile. In addition, we must not forget about attorney fees. These expenses must be added to the general list.

This is the simplest procedure, which takes no more than a month, but, alas, the registry office can not dissolve a couple’s family relationship in all cases. To contact the registry office, you need to confirm the mutual desire to divorce the spouses. In addition, a number of other conditions must be met: the absence of children, reluctance to divide property, the absence of scandals and complaints regarding divorce.

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Legislative initiative to increase the state duty for divorce to 30,000 rubles

The question of increasing the state duty for divorce is regularly raised. The initiators of the project justify the decision by the subsequent reduction in the number of divorced marriages. Such a proposal is dubious, to say the least. Initiative to increase the duty to 30,000 rubles. did not find support both in the circles of the legislative council and among the public.

In 2021, the cost of living and the minimum wage are set at 11,000. The divorce fee, which significantly exceeds the minimum wage, is a restriction on the freedom of choice of citizens. The marriage union must be based on the principle of voluntariness. If it is impossible to divorce, many families will refuse to formalize it.

At the same time, the likelihood of maintaining the union due to high costs is low. Spouses who do not have enough money will maintain the marriage union formally.

The law provides for the possibility of separation of spouses, collection of alimony for minor children, disabled spouses and pregnant women without divorce. As a last resort, to protect your own property interests when spouses live separately, you can draw up a marriage contract. The need to file a divorce disappears, creating inflated figures for the number of official families.

In 2014, the amount of the duty was significantly increased. These regulations continue to apply in 2021. Although the fee has not been increased to 30,000, the process of divorce is still not free of charge. Each party will have to pay a certain amount. Let's consider the number of expenses during a divorce.

State duty 30 thousand for divorce

Important

This could be a department:

• registration of your marriage;
• in the area where the applicants live.

If you do not want to stand in queues, you can use the State Services portal to pay the fee. However, there are some conditions here:

• You can pay the fee electronically only if the application itself was submitted through State Services;
• Payment is made only by bank transfer (bank card, electronic wallet or mobile phone), although it is possible to send a receipt for payment at a bank branch to your email.

Important! When paying the fee by bank transfer through State Services before January 1, 2021 Info

You are given a 30% discount

State fee for divorce: validity period and return procedure A document confirming payment of the fee is attached to the application. After submitting an application, the Civil Registry Office carries out a divorce within 30 days from the date of application.

Info

You are given a 30% discount. State fee for divorce: validity period and return procedure A document confirming payment of the fee is attached to the application. After submitting an application, the Civil Registry Office carries out a divorce within 30 days from the date of application.

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.

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.

Legal advice 24/7

Dissolution of a legal marriage through the civil 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).

If you decide to divorce your spouse, then by law in Russia you are required to pay a state fee. In this article, you can find out the amount of the state fee for a divorce through the court and the registry office, how much it will cost to get a divorce with the division of property, and also familiarize yourself with the procedure for paying it.

In court, a marriage is dissolved if the initiative comes from one spouse and is not mutual. In this case, the state fee for filing a claim will be 850 rubles; You will also have to pay for the issuance of documents: obtaining a copy of the court decision and a divorce certificate will cost 1,700 rubles.

• for an amount less than 20,000 rubles – 600 rubles;
• from 20,001 rubles to 100,000 rubles – 800 rubles + 3% of the amount exceeding 20,000 rubles;
• from 100,001 rubles to 200,000 rubles – 3,200 rubles + 2% of the amount exceeding 100,000 rubles;
• from 200,001 rubles to 1,000,000 rubles – 5,200 + 1% of the amount exceeding 200,000 rubles;
• from 1,000,000 rubles – 13,200 rubles + 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

If the divorce is handled by the registry office, the state fee is valid for 1 month. This is how long the process of divorce takes. If, after 30 days after filing the application, the spouses do not appear to formalize the divorce, the application is canceled. The state fee is not refundable. If you apply for divorce again, you will have to make a new payment.

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The fee for this procedure is paid through the court, as well as through the registry office, and can be paid at any branch of a banking financial institution. At the same time, the decision to determine the bank is not limited in any way; you can complete the procedure in one or another payment institution.

Do I need to pay 30 thousand in a divorce?

Today, society is actively discussing the topic of raising the level of state fees for divorce to thirty thousand rubles. Discussions on this topic began after the speech of the Prime Minister of the Russian Federation Dmitry Medvedev. It was he who proposed such a significant increase in the duty. However, it is worth saying right away that not everything that is said by the prime minister or president of the country immediately becomes law and is subject to immediate execution.

In this case, it was only the opinion of Dmitry Anatolyevich. The initiative did not find approval among the majority of State Duma deputies and senators of the Federation Council, as well as among experts and society as a whole. Therefore, today there is no question of paying such a high fee for divorce.

In this case, it is necessary to mention the current amounts of state duty in order to dispel all doubts. For this we need the Tax Code.

And so, according to Art. 333.26 of the Tax Code, the fee for state registration of divorce is charged :

• 650 rubles (from each spouse) with the mutual consent of such spouses in the absence of common minor children;
• 650 rubles (from each spouse) upon divorce in court;
• 350 rubles upon divorce at the request of one of the spouses in the event that the other spouse is declared missing (by a court decision), incompetent or sentenced to imprisonment for a crime (for a term of over three years).

Thus, the legislation of the Russian Federation does not provide for the payment of state duties higher than those provided for by the Tax Code. That is why talk about paying thirty thousand as a fee for divorce is just talk and is not supported by any legal acts of our country.

Example

The Simonovs applied to the court with a request to dissolve their marriage. They took advantage of the court order, based on the fact that they had a common minor child. When submitting an application to the court, each spouse attached a receipt for payment of the state fee. Its size was 650 rubles. The court, having considered the application of the spouses, as well as the attached documents, accepted this case for proceedings.

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.

When will the law on divorce for 30 thousand come into force?

To date, there is no law that has entered into legal force that would amend the Tax Code in terms of changing the state duty for divorce. In addition, there is no corresponding bill under consideration in the State Duma. In general, there are no prerequisites for its appearance. After such an initiative appeared in media reports in September 2013, there were simply no .

That is why there is no talk of such a law coming into force. In addition, there are other proposals to strengthen the family and reduce divorces, so, most likely, the initiative put forward will remain so .

Is there a fine for divorce in the amount of 30,000 rubles in 2021?

In 2013, the public was outraged by Dmitry Medvedev’s statement at a meeting of the Federation Council about increasing the state fee for divorce proceedings. According to him, her fine for divorce should be 30 thousand rubles. Dmitry Anatolyevich associated this size of payment with the study of statistical data on divorce. According to the Prime Minister, such an amount paid by a married couple upon dissolution of family ties should:

• to form a responsible approach to the conclusion of a marriage as one of the most important events in the life of a citizen;
• reduce the number of divorce cases.

When will 30 thousand for divorce come into force in Russia? The legislature studied public opinion and came to the conclusion that it was necessary to delay increasing the amount for the dissolution of a marriage. The bill has no legal force.

In 2021, the state duty for divorce of 30,000 rubles will not apply.

Opinions of State Duma deputies

The majority of deputies of the State Duma, senators of the Federation Council, experts and ordinary citizens did not approve of the bold initiative of the prime minister. The proposal was widely discussed by legislators, but did not find support among them. The number of opponents to the implementation of this idea exceeds the number of supporters. According to State Duma deputy E. Mizulina, there are 3 main disadvantages of this initiative:

1. the percentage of divorces will decrease only from a formal, statistical point of view; spouses who are unable to pay a high fee will actually cease to be a family (they will live and house separately), officially remaining husband and wife;
2. this step seems immoral, since citizens with low incomes will actually be deprived of their freedom of choice and the opportunity to end a marriage relationship - this situation will negatively affect, first of all, children.

Such objections seem quite reasonable and justified. Today, not all couples with common children and/or joint property have the opportunity to pay for the divorce procedure - even with a relatively small amount of state duty. The spouses simply stop living together without formalizing their divorce.

An increase in the duty will lead to an increase in the number of “civil” marriages and “formal” families (in fact, the husband and wife are not in a marital relationship, remaining a family only on paper).

Experts believe that this state of affairs will cause a decrease in the birth rate in our country, but this indicator is already at a low level. That is, we can say that the initiative is irrelevant.

Fee for divorce through the registry office

A married couple can dissolve their marriage by filing an application with the civil registry office in the following cases:

• By mutual agreement, if the participants in the family union do not have common children under the age of majority.
• At the request of one of the spouses, when the other spouse: Is considered missing by a court decision.
• Sentenced to a sentence exceeding 3 years' imprisonment for a criminal offence.
• Recognized by the judiciary as incompetent.

It should be noted that a participant in a marriage union who has applied to the registry office with a request for divorce under one of the conditions of paragraph 2 does not need to indicate in the application the fact of the presence or absence of young children.

When divorcing through the civil registry office, the fines levied on spouses are systematized in the table below.

Keep in mind that unpaid fees are grounds for civil registry office employees to refuse to initiate divorce proceedings for spouses.

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 2021. 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.

State duty for divorce in 2021: cost through the court and the registry office; amount, amount for divorce

So, dissolution of a legal family with the help of the registry office is the simplest and least financially expensive method. As is known, spouses seeking a divorce can apply here only in cases where they do not have children under 18 years of age and there are no mutual claims.

1. The spouses did not appear at the court hearing on the specified date. In this case, the case will be closed.
2. Absence of one of the spouses at the meeting. The reasons why this happened will be clarified and the meeting will be rescheduled for another period. If justifiable reasons are provided, the time limits will be modified depending on the circumstances of the case. If there are no valid factors, the decision will be made in absentia.
3. If both parties appear, the decision is made at the initial meeting. However, this is possible provided that the rights of children under 18 years of age are not violated, and there is no conflict about the division of property.

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 in Russia from the Holy Synod to complete liberalism

The reasons for the state’s new initiative are clear: family ties in Russia remain very fragile. Despite some improvement in the situation over the last decade, associated with relative economic stability, every second marriage in Russia ends in divorce. This does not have the most positive effect on the demographic situation and adds headaches to the state associated with providing social assistance to children raised in single-parent families.

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Despite the growing influence of the church in recent years, modern Russia is far from the situation in the 19th century, when Orthodox Christians needed permission from the Holy Synod to divorce. It could be obtained only in an extremely limited number of cases: with proven adultery, bigamy (as well as bigamy), the presence of a premarital illness that prevents marriage, the unknown absence of a spouse for more than 5 years, conviction for a serious crime, including exile or deprivation of the rights of an estate, as well as monasticism (only in the absence of young children).

As a result, according to statistics from 1897, in Russia there was 1 divorced man per 1000 men, and 2 divorced men per 1000 women.

But this externally ideal picture was explained precisely by the practical impossibility of divorce. As a result, family dramas, when relationships reached a dead end and there was no way out, dragged on for decades, sometimes ending in murders or suicides, which was reflected even in Russian literature.

After the revolution of 1917, absolute freedom set in in family relations, in which registration and divorce became a matter of a few minutes. For a divorce, an application submitted to the registry office by one of the spouses was sufficient.

Such anarchy ended during the Stalinist period, when the decision to dissolve a marriage was transferred to the courts. Divorce became a public matter, and the public put active pressure on the separating spouses. A break in marriage, although not always, could quite often have a negative impact on a career.

In the post-Stalin period, citizens were again given relaxations in matters of divorce, although divorce was still left to the courts.

In modern Russia, a marriage is dissolved in court only if the spouses have minor children. In the absence of such and mutual agreement to separate, citizens can formalize the severance of relations in the registry office.

As practice shows, today divorcing couples in Russia are tormented not so much by moral issues as by problems of property division.

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.

Are there possible fines for violations during the divorce process?

As stated above, there is no penalty for the divorce itself. However, there may be situations where violations during the procedure may lead to the imposition of certain penalties.

The most serious consequences may occur if, during the proceedings, one of the parties shows contempt of court in the form of malicious failure to appear, providing deliberately false evidence and other attempts to mislead the court, insulting the honor and dignity of the judge, or other forms of inappropriate behavior. What fine you will have to pay for violations during the divorce process depends on the severity of the offense, but especially persistent violators can be fined up to 100 thousand rubles.

Other violations during the divorce process may also result in penalties, so how much the fine for a divorce with violations will be will depend on the severity and nature of those violations.

But if you did not stamp the divorce on time, you will not have to pay a fine. The marriage will be recognized as dissolved from the moment the corresponding entry is made in the civil registration book at the registry office; the stamp is only one of the confirmations of this fact.

Deferment, installment plan and exemption from state fees (in case of divorce through the court)

1. Deferment is the court's permission to pay the state fee later, after the occurrence of a certain event.
2. Installment is the court's permission to pay the amount of state duty in several payments over a certain period of time.
3. Release or reduction of the state duty is the permission of the court, having taken into account certain circumstances, to reduce the amount of the state duty or exempt the plaintiff from paying it.

All of the above methods of paying state fees (deferment, installment plan, reduction, exemption from payment) are applied by the court only upon a written application from the plaintiff if there are justified reasons - circumstances that prevent timely payment (according to Article 333.41 of the Tax Code of the Russian Federation).

An application for an installment plan, deferment, exemption or reduction in the amount of state duty is submitted to the court simultaneously with the claim, with the mandatory attachment of supporting documents (certificates of salary, amount of benefits or pension, birth certificates of children, writs of execution).

Liability for non-payment

Due to the fact that the procedure, amounts and features of the state duty are established by the norms of the Tax Code of the Russian Federation, liability measures are regulated by the same law. Art. 122 of the Tax Code of the Russian Federation establishes liability for failure to fulfill obligations to pay a fine for divorce. In this situation, the tax service acts as an administrator, taking responsibility for the flow of funds into the regional and federal budgets.

Within the meaning of Art. 20 of the Budget Code, in case of non-payment of the fine for divorce, the inspection of the Federal Tax Service of the Russian Federation has the right to recover the unpaid amount. In accordance with Art. 428 of the Code of Civil Procedure of the Russian Federation, the court issues a writ of execution against the debtor and sends it to the Federal Tax Service of the Russian Federation. Tax specialists review the writ of execution and then collect the required amount. In addition, the tax office has the right to impose a fine for late fulfillment of the obligation to deposit funds for divorce.

Nuances

Issues of paying state fees for divorce proceedings have a significant impact on the financial situation of the applicant. Therefore, you should familiarize yourself with some unusual situations and options for resolving them:

1. The spouse was sentenced to imprisonment - Art. 19 of the RF IC provides for the possibility of unilateral divorce. In addition, Art. 333.26 of the Tax Code of the Russian Federation provides for a preferential fee in the case where one of the spouses is in prison for a period of 3 or more years. An applicant who is not under persecution has the right to submit an application by paying 350 rubles.
2. If one of the spouses is declared missing or deceased by a court decision. Similar to the situation mentioned above, a unilateral divorce procedure is possible, then the amount under Part 2 of Art. 333.26 of the Tax Code of the Russian Federation will be 350 rubles.
3. When a spouse stays in a foreign country for a long time, the procedure and payment of a fine for divorce is organized by the general rules provided for by the RF IC. Thus, the amount of the fee will be the same as the payer. In court, the applicant pays a fee, if the divorce goes through the registry office - it is necessary to pay a fine for divorce by both parties to obtain 2 certificates.

Each situation has its own characteristics and subtleties, so if you have questions, it is better to contact an experienced lawyer. When this is not possible, ask all your questions to an authorized employee, this could be a civil registry office specialist, or a secretary or assistant judge.

Is it true that in case of divorce you have to pay 30,000 rubles?

Over the past few years, the media have been saying that the cost of divorce in Russia will rise to a fabulous sum, namely up to 30,000 rubles. Are there any penalties for divorce today?

You will learn the answer to this question from the article.

A fine of 30 thousand rubles for divorce - when will it come into force? As soon as people hear information about the new amount of state duty for divorce, they immediately ask a similar question.

Let's first understand what divorce is. Divorce is a formal procedure for dissolving a marriage between two spouses who express a desire to no longer be in family status. That is, it is a procedure that occurs on a documented basis and is accompanied by a state fee for its implementation. Cost of divorce exceeds the cost of marriage, since during a divorce many nuances are taken into account that require special attention and consideration. In September 2013, Dmitry Medvedev put forward an initiative to increase the state fee for divorce for consideration by the State Duma and citizens of the Russian Federation. There were not too many justifications for such a proposal, but they were quite weighty. Thus, they include the following points:

• an increase in the number of unscrupulous and malicious alimony providers;
• increase in the number of divorces. If we take statistics today, then, according to Rosstat for 2021, about 80% of divorces occurred per 1000 marriages;
• increase in the number of civil marriages. In such marriages, a lot of nuances arise on a formal level and on a legal basis, since if people want to separate and there are claims and/or a joint minor child, it will be extremely difficult to prove the rights of one of the “injured” spouses or a child;
• According to statistics, people most often file for divorce for the following reasons:

USEFUL INFORMATION: Can a child, with verbal, but not legally formalized parental consent, live with his or her grandmother
? Thus, the initiative was put forward for consideration.

The main goal of adopting such a law involves solving the identified problems and increasing the level of awareness among people who want to get married. Also D.A. Medvedev proposed to consider a compromise: to find the amount that would become an impressive fine for a conscious decision to enter into and dissolve a marriage. The limit was as follows: from 4,000 to 30,000 rubles. However, few supported the proposal, both among deputies and among citizens of the Russian Federation. Here are the main reasons for the refusal:

• Citizens from low-income families will not be able to afford such material costs (moreover, this is an amount without considering additional costs, especially if the termination procedure takes place through the court), and this means a direct deprivation of their freedom of choice, which violates human rights.
• The law will only formally stop people from the divorce procedure, while people can continue to live together out of force and destroy the family.

Results

So, the size and procedure for calculating the state duty are influenced by the following factors:

1. divorce procedure: administrative (in the registry office) or judicial;
2. resolution of related disputes and disagreements (about jointly acquired property, about the collection of alimony, about place of residence or raising children);
3. the value of jointly acquired property.

Taking into account all the factors, it is difficult to name the exact amount of the state duty - it can vary from 350 rubles to several thousand or even tens of thousands of rubles.

In addition to the state fee, additional costs may arise during the divorce process - transport, postal (for sending documents to the registry office or the court at the place of consideration of the case), notary (for certification of powers of attorney or concluding agreements), administrative (for obtaining additional certificates or duplicates).

So for some, the total cost of the divorce will be limited by the amount of the state fee, while for others it will not be possible to avoid attracting additional financial resources to pay the expenses listed above.

If that treasured divorce certificate is worth it, don't let the price of divorce stop you.

What fine is paid when spouses divorce?

Since 2000, Russia has been one of the first places in the number of divorces. So, for example, during this period, according to statistics, there were 54 divorces for about 100 marriages. But every year, the percentage ratio between marriage and its dissolution began to decline, but not very significantly. The first years of marriage account for 75% of divorces. 26% of marriages break up in the first year of marriage, 51% break up within the first five years after marriage registration. Such objections seem quite reasonable and justified. Today, not all couples with common children and/or joint property have the opportunity to pay for the divorce procedure - even with a relatively small amount of state duty. Spouses simply stop living together without formalizing their divorce.

In 2014, the amount of the duty was significantly increased. These regulations continue to apply in 2021. Although the fee has not been increased to 30,000, the process of divorce is still not free of charge. Each party will have to pay a certain amount. Let's consider the number of expenses during a divorce.

A significant increase in the fine could indeed reduce the number of applications to the court for divorce, but it is unlikely that this would help save a family that has already actually broken up. An increase in the cost of registering marriage and divorce will affect the desire and ability of couples to officially register their relationship. And it will lead to even more “civil” marriages, in which the rights of children and spouses are poorly protected.