Where can I put a divorce stamp in my passport?

Author of the article: Yulia Kaysina Last modified: January 2021 66086

Legal confirmation of the divorce is the corresponding entry in the registry office journals. It is done on the basis of either an application from the spouses or a court decision that has entered into force. From the point of view of the law, a mark in the passport is not mandatory. However, its presence eliminates many questions. How to put a divorce stamp in your passport and in what time frame this must be done.

What is divorce?

Divorce is the formal end of a marriage relationship. Moreover, it can occur either by mutual consent or on the initiative of one of the parties. Depending on the circumstances, you can formalize it:

  • by contacting the registry office;
  • through the court.

The consideration of the case in court is influenced by the presence of common minor children and the existence of a dispute over the division of acquired property. At its discretion, the court can sometimes set a deadline for the reconciliation of spouses. Divorce through representatives in accordance with domestic legislation is not provided for.

Legislation

The fundamental legislative acts regulating family relations, including the specifics of the divorce process, are the Family and Civil Codes of the Russian Federation. In addition, the procedure itself is regulated by the Civil Procedure Code, as well as the Federal Law of November 15, 1997 No. 143-FZ “On Acts of Civil Status”. Certain issues are regulated by other legal acts, for example, the amount of the state fee for filing a statement of claim in court is contained in the Tax Code of the Russian Federation.

Mandatory Divorce Stamp

When considering the question of whether a divorce stamp is required in a passport, the following cases are highlighted when you still have to put it:

  • if after the divorce a new one is registered;
  • when buying or selling real estate (without a stamp, authorities may require permission to conduct a transaction from the ex-spouse);
  • to take out a loan requiring the consent of family members.

In addition, if the divorce certificate is lost, a note in the passport will speed up the receipt of its duplicate.

For those who are interested in whether a divorce stamp is placed in a new passport, we note that it only matters if a marriage mark was previously made.

How to put a stamp after some time

Quite often, our readers are interested in whether it is possible to get a stamp in their passport a year or years after a divorce. The law allows for this possibility, but the interested party will have to provide the registry office employees with documents confirming the termination of the family relationship.

ARTICLE RECOMMENDED FOR YOU:

Alimony obligations for other family members in 2021

In addition, the citizen will need to draw up a corresponding application, a sample of which you can take from the registry office or download below by clicking on the highlighted link.

Procedure for obtaining a stamp

In accordance with the Decree of the Government of the Russian Federation dated July 8, 1997 No. 828 “On approval of the regulations on the passport of a citizen of the Russian Federation, sample form and signing of the passport,” pages 14-15 of the document are intended specifically to display information about concluded and dissolved marriages.

Who puts the stamp

Many people have a question about where to put the divorce stamp in their passport. Almost always, the mark is affixed to the civil registry office at the place where the relevant certificate was issued. However, you need to understand that this process is slightly different depending on whether the divorce is carried out administratively or judicially.

In case of divorce through the registry office, a stamp can be placed only after the corresponding entry has been made in the civil registration book. The basis for this is a certificate of divorce.

The question often arises, who puts the stamp in case of divorce through the court. The procedure in these circumstances will differ little from that described above. After receiving the court decision and its entry into legal force, you will need to contact the registry office, only now the basis for the mark will be the court decision.

List of required documents

When contacting the registry office after a trial, a person will need to write an application for registration actions, as well as provide a court decision or an extract from it.

Cost of stamping

If a note in the passport about divorce is made simultaneously with the divorce at the registry office, then the cost of this service is included in the payment when submitting the relevant documents. In this case, both parties must submit receipts for payment of the state duty. If one of the parties is exempt from paying state duty, this does not relieve the other party from this obligation.

Answering the question of how much a divorce stamp in a passport costs, we would like to emphasize that domestic regulations do not provide for a specific amount.

Deadlines for marking

The law does not establish clear deadlines for affixing a divorce stamp in the passport. In case of registration of a divorce in the registry office, the mark is placed after entering the data in the book of registration of acts of marital status. This happens no earlier than a month after submitting the relevant application.

Many people are interested in the question of how to stamp a divorce in their passport after a court decision and how quickly this can be done. During the trial, after the decision is made, 10 days must pass, which are given to appeal it through the appellate procedure. An extract from the court decision is received no later than three days after it enters into legal force. Therefore, time limits will vary depending on the circumstances of the case.

Type of stamp

The law does not clearly stipulate what the stamp looks like. As a rule, it has a rectangular shape. In this case, the mark must contain the following data:

  • name of the civil registry office;
  • date and registration number of the entry;
  • data on the accomplished legal fact (divorce);
  • information about the spouse;
  • signature of an authorized person.

The mark is placed under the seal of marriage. Below is an example of a sample and photo of a stamp in a divorce passport.

When to pay the state fee

  1. When dividing property valued at no more than 20 thousand rubles, the state duty is 400 rubles.
  2. For property division, the value of which is from 20 to 100 thousand rubles, the tax will be 800 rubles, and the additional payment also includes an amount equal to 3% of the value of the shared property of the spouses.
  3. A fee of 3,200 rubles is paid when dividing property, the estimated value of which is from 100 to 200 thousand rubles.
  4. If there is a division of property from 200 thousand to 1 million rubles, the cost of the state fee for a certificate of divorce will be 5200 rubles, and an additional payment of 1% of the entire property being divided is due.
  5. For the division of property over 1 million rubles, the tax will be fixed - 13,200 rubles. and an additional 0.5% of the total amount.

Repeated certificate

People who have decided to free themselves from marriage often ask how much a divorce certificate now costs, where to pay the state fee and what the price of the service depends on. For a whole decade, the amount of payment of the state fee for a divorce certificate has not changed, and in 2021 it varies from 350 to 650 rubles.

Until October 1, 2021, claims for the collection of alimony were considered by magistrates. Currently, their competence includes only disputes about divorce and division of property, the value of which does not exceed 50,000 rubles. Claims for alimony are now heard by district courts. Demands for divorce and alimony can be listed in one statement of claim to the district court, but it is worth noting that judges have certain deadlines for considering cases and until all demands are considered, we will not be able to obtain a decision. The period for consideration of alimony cases is 1 month. Divorce can take a long time, as the parties are often given a period of 3 months for reconciliation. In this regard, lawyers usually file two separate claims, for divorce to the magistrate and for alimony to the district court.

  1. Provided that one of the spouses was convicted and imprisoned for more than three years with actual service.
  2. If one of the spouses was missing in action based on a court decision (such cases are more common in places where military operations are taking place).
  3. There is a solution in the case that one of the spouses is incapacitated. Such cases concern disabled people and people with mental disabilities.

You might be interested ==> Certificate confirming the income of a young family

How to file for divorce in 2021: fee, application, documents, procedure

The judge makes a decision based on the financial situation of the party. Therefore, the application must be accompanied by documents confirming the validity of the request. This could be a dismissal order, a medical report about the presence of a serious illness that prevents employment, etc. If a citizen with a normal income asks for a deferment or installment payment, the judge will not grant his request.

PS is a general postscript, not to anyone specific. Do not write me free questions and clarifications on the “Wall” or in personal mail. My free consultation and answers to clarifications are only here on the website. All the best.

You need to know that in 2021 you will need to pay a minimum of 650 rubles for a judicial divorce. As a rule, only the applicant makes the payment. The second spouse does not need to make this payment. To obtain a divorce certificate from the registry office, you will also need to pay a state fee. Its size was increased by 250 rubles from January 1 and is now 650 rubles per copy of the document. That is, each spouse will need to deposit money separately in order to receive a certificate. In some cases, the amount of the mandatory payment may be reduced, and sometimes spouses are completely exempt from paying it. At the same time, fees for divorces reach large amounts, for example, if a couple resolves property issues through the court. The cheapest and easiest way Divorce through the registry office can be considered not only as the cheapest, but also as the most convenient and fastest option to end an uncomfortable relationship. But this option is not suitable for all married couples. You cannot get a divorce through the registry office if: there are common minor children (including adopted ones) or the couple is expecting a child; one of the spouses does not agree to divorce; there are controversial property issues. The state fee for divorce through the registry office, which in 2021 is 650 rubles, is paid by the couple, in essence, for issuing a divorce certificate. One payment – ​​one original copy of a document confirming that the marriage is dissolved. Thus, if the former spouses need two certificates, each party needs a copy, they will have to pay twice. Total for two copies – 1300 rubles. Sometimes the required payment amount is only 200 rubles. This is how much a divorce through the registry office costs if: the plaintiff’s husband or wife is declared missing; the court previously proved that the second spouse is incompetent; the defendant is in prison, and for the crime he committed he was sentenced to at least three years in prison. How much does a divorce through court cost? The standard state fee that a couple must pay if they go to court in 2021 is also 650 rubles. The payment is made by only one party, usually the applicant. With this amount, a person pays for the work of the court, which dissolves the marriage of a couple in which there are minor children, or of a couple in which one of the spouses does not give his consent to the dissolution of the official relationship. Making this payment does not at all exempt you from paying the state duty, which is collected when receiving divorce certificates from the registry office. Thus, during the trial, the applicant will have to pay twice - 650 rubles for the consideration of the case by the court and 650 rubles for the certificate from the registry office. The same 1300 rubles, but for one person. The defendant will have to pay only for obtaining the certificate - 650 rubles. I wish you good luck and success. Best regards, A.A. Bogolyubov.

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.

Divorce stamp from a foreigner

In the case of divorce from a foreigner, where exactly this procedure takes place is of particular importance. If the union is dissolved on the territory of the Russian Federation, then the seal is obtained in the general manner. But in the event of a breakdown in relations abroad, evidence alone will not be enough. It is also necessary to provide a court decision of a foreign state, and it should be submitted not to the passport service, but to the regional department of the federal migration service. Thus, it is worth considering all the features that marriage with a citizen of another country entails.

Authorized body

  1. After receiving the court decision and its entry into force, the citizen appears at the civil registry office at the place of registration. When dissolving a family relationship through the registry office, a visit with a joint statement is sufficient.
  2. The basis for issuing a certificate confirming the termination of a marriage is an application from citizens and an attached receipt indicating payment of the fee.
  3. Former spouses hand over their passport to the employees of the Welfare Registration Department and receive it back with the required mark.

In another city

The law does not establish special measures punishing the absence of the required mark. Rather, the citizen will be responsible for untimely renewal of documents after divorce. For example, in the event of a change in personal data (change of surname), the law provides a month period for putting the documents in order.

In accordance with this, the state duty in 2021 is only 650 rubles - this amount of money is affordable for everyone, so it is paid by both the initiator of the divorce and the other party. In some cases, preferential use of government services is permitted; in which cases, experienced lawyers will advise.

No, this is impossible, because it is the court decision that is the control for the registry office employees, and when a citizen applies for a seal, this decision should already come into force. There is no need to rush with the seal - the papers are transferred to the registry office within 3 days after the divorce is considered. After this, the registry office employees enter the additional data received into the register within another 3 weeks.

Is it possible to stamp a divorce without a court decision?

If there are so many marriages and divorces that the stamps do not fit on this page, then they are transferred to another “Special Notes” page. Please note that if a Russian citizen was married to a foreigner and is now getting divorced, the stamp is different from the typical one when the former spouses are Russians.

When a couple is forced to divorce in court, the amount of expenses increases. For example, filing a claim for divorce will cost 600 rubles. If spouses decide to simultaneously divide acquired property, then the state duty will depend on its value.

You might be interested ==> Whose property can be described by the bailiff according to the debtor under the Art. Law of the Russian Federation

Divorce stamp in case of passport replacement

It is no secret that sometimes a passport has to be changed (loss of a document, change of surname, severe damage, etc. What then should be done with the marks that were in the old passport? The following rules apply:

  • if there is a valid marriage, a stamp is affixed;
  • if the marriage was dissolved, then the note about this from the old passport to the new one does not need to be transferred.

In this case, the stamp will be placed only on the last marriage, all previous ones will not be noted.

Special cases

The standard procedure is the same for everyone, but there are cases that differ from the generally accepted ones. So, some are interested in how to stamp a divorce in prison. As you know, if a person is sentenced to a term of imprisonment of more than three years, his spouse can file for divorce without waiting for the person to fully serve his sentence. The second party can contact the registry office for this purpose.

The disagreement of the convicted person does not prevent the official execution of divorce documents and the affixing of the corresponding stamp in the passport.

Another pressing question today is whether it is possible to get a divorce stamp in another city. If you do not have the opportunity to contact the registry office where the marriage was registered, you are allowed to go to the territorial department at your place of residence. In this case, you should have all the necessary documents on hand. If the divorce took place in court, you must first take a court decision.

Is it possible to stamp a divorce in another city?

Divorce In Another City Divorce Stamp About Divorce In Another City 0 votes 1 answer Is it possible to put a stamp in a passport about a divorce in another city, the court was in one city, I now live in another city and region.

We recommend reading: Limit on cash withdrawals from a current account per day IP Russian Agricultural Bank

Divorce In Another City Divorce Stamp About Divorce In Another City 0 votes 1 answer Is it possible to stamp a divorce at a location other than your place of registration? Can I get a stamp and get a divorce certificate in another city, I can’t go there because I’m pregnant, please ask in advance.

Rating
( 2 ratings, average 4.5 out of 5 )
Did you like the article? Share with friends:
Business guide