Situations in the life of each family can develop differently, and one day it is quite possible to face the problem of divorce. In this case, the decision to dissolve the marriage can come from any spouse.
In order to get a divorce, it is not at all necessary to go to the place where the marriage was originally formalized: after all, it is not always the family (or just one person) who lives in the same place where the marriage took place.
Divorce (or dissolution of marriage) occurs at the place of residence of the spouses, or the place of registration of their marriage (this is established by the Family Code, the Law “On Civil Status Acts”).
It happens, however, that the location of one of the spouses is unknown to the person who decided to divorce, or the possibility of traveling to another city is associated with certain difficulties: health, the presence of children, etc. The law allows you to file a divorce at the place of residence of one person.
Divorce in another city - through the registry office or through the court?
There are only two ways to divorce a marriage: administratively (through the registry office), or in court.
The registry office dissolves marriages in the following cases (Article 19 of the RF IC):
- no common minor children;
- mutual agreement of the parties has been reached;
- In a number of special cases (the spouse has been sentenced to a term of over 3 years, is incompetent, or has disappeared).
You will have to get a divorce in court if:
- children under 18 years of age;
- husband wife does not appear at the registry office, does not sign the application for divorce;
- there is no consent of the other spouse (see article:).
Simultaneously with the divorce, the court (at the request of the parties) has the right to decide: with whom the children will remain, the payment of maintenance to them or the disabled ex-spouse, and also to carry out the division of acquired property. This procedure is established by Art. 21-24 of the Family Code of the Russian Federation, and does not depend on the place of divorce (at the place where it was concluded or in another place).
The nuances of divorce in another city
The procedure for dissolving a marriage not at the place of registration has some nuances, which are useful to know in order to carry out a divorce without unnecessary delays. Usually there is a need to answer a number of questions.
What is needed for this
To dissolve a marriage, either mutual desire or the decision of one of the spouses is necessary. Documents are submitted either to the registry office or to a court (usually a magistrates' court).
For an administrative divorce in another city, an application is submitted at the place of residence of one of the spouses.
In court, termination is carried out at the request of an interested party. According to the rules of the Code of Civil Procedure of the Russian Federation (Article 29 of the Code of Civil Procedure) the plaintiff can apply either to the court at the place of residence of the defendant or at his place of residence(but you should support your statement with reasons - children, health, financial situation does not allow travel, etc.).
What documents will be required
For divorce at the registry office Documents required:
- a statement drawn up by the spouses;
- notarized consent to the divorce of the spouse who cannot be present at the divorce;
- a copy of the marriage certificate, a receipt for payment of the state duty.
Documents in originals (certificates, passports) presented when submitting and performing registration actions.
For divorce in judicial procedure should be issued statement of claim and collect a wider set of documents:
- plaintiff's passport;
- information about the defendant (place of residence, full name, etc.);
- Marriage certificate;
- children's birth certificates (or their passports);
- certificate from the plaintiff’s place of residence (and the child’s place of residence);
- receipt of state duty;
Depending on the issues resolved by the court, certificates of salary, availability of property and other documents may be needed.
Civil marriage is not dissolved, issues of division of property are resolved not according to the norms of the Family Code, but according to the Civil Code of the Russian Federation.
If the spouse is foreign
If the spouse is from out of town, and the second (husband or wife) has no desire to go to another city for a divorce, you can submit an application to the registry office (indicating that this place is the last known place of residence of the second party), or a claim to the court of your city, motivating your decision based on personal circumstances (they were listed above).
If the nonresident spouse does not consent to the divorce, most likely the issue will be resolved through the court.
Here's a great video on this topic:
If there is consent of the second spouse
If there is the consent of the spouse (certified by a notary), he may not be present during the divorce at the registry office. The procedure will not take more than one month. If you agree to a divorce in court, the court will not investigate the reasons for the divorce, and it will go through faster.
If one or both spouses do not have residence permit or registration
A divorce can also be obtained at the place of temporary registration of one of the spouses. Employees of the civil registry office will make a corresponding request and formalize the divorce.
Even if neither the husband nor the wife has temporary registration, then you need to get it.
If there is a child
Minor common child- the reason why you will have to get a divorce in court. If the child is over 18 years old, you can get a divorce at the registry office. Otherwise, the rules are the same as for a divorce without children. Just don't forget your child's birth certificate.
We are getting divorced in the same city, but through a different registry office
Such a divorce is possible in your own city, but to shorten the entire procedure (saving time on requests, etc.), it is still recommended to write an application in the registry office department where the marriage was registered.
How to get a divorce certificate while in another city
Until a divorce certificate is received, neither ex-spouses has the right to remarry. Therefore, even after a court decision on divorce, it is necessary to obtain such a certificate from the registry office.
The certificate is issued in the presence of at least one of the divorced persons. A request for a certificate can be obtained by sending a request through the government services website or by registered mail.
Thus, if one or both spouses does not have the opportunity to carry out a divorce in the city where it was registered, the law makes it possible (subject to compliance with certain conditions) do this without leaving your place of residence.
Good afternoon,
According to the provisions Federal Law dated November 15, 1997 N 143-FZ
(as amended on November 28, 2015) “On acts of civil status” (Article 26)
Persons getting married submit a joint application for marriage to the civil registry office in writing in person or send this application and other documents specified in this article in the shape of electronic documents through a single portal of government and municipal services. The application, which is sent in the form of an electronic document, is signed with a simple electronic signature of each applicant. This application and other documents specified in this article can be submitted through Multifunctional Center provision of state and municipal services.
The joint statement must confirm mutual voluntary consent to enter into marriage, as well as the absence of circumstances preventing marriage. The joint application for marriage must also include the following information:
last name, first name, patronymic, date and place of birth, age on the day state registration marriage, citizenship, Family status before entering into a real marriage (unmarried, divorced, widowed), place of residence of each of the persons entering into marriage;
nationality, education and, if these persons have common children who have not reached the age of majority, their number (indicated at the request of the persons entering into marriage);
surnames chosen by persons entering into marriage;
details of identity documents of those entering into marriage.
Persons getting married sign a joint application for marriage and indicate the date of its preparation.
Simultaneously with filing a joint application for marriage, you must present:
identity documents of those entering into marriage;
a document confirming the termination of a previous marriage, if the person(s) was previously married. If the state registration of the dissolution of a previous marriage was carried out by the civil registry office to which the application for marriage was submitted, presentation of a document confirming the termination of the previous marriage is not required and the civil registry office, on the basis of the information provided by the applicant in the application, establishes the fact of termination of the previous marriage on the basis of the existing record of the act of divorce. In this case, the person(s) entering into marriage has the right to present a document confirming the termination of the previous marriage, according to own initiative;
permission to marry before reaching marriageable age
in case the person(s) entering into marriage is a minor.
In the case of sending a joint application for marriage in the form of an electronic document, the originals of the documents specified in this article and previously sent to the civil registry office in the form of electronic documents are submitted by the persons entering into marriage in person to the civil registry office in time appointed for state registration of marriage.
2. If one of the persons entering into marriage is unable to appear at the civil registry office or at the multifunctional center for the provision of state and municipal services to submit a joint application, the will of the persons entering into marriage may be formalized in separate applications about marriage. The signature of such a person’s application must be notarized, except if the application is sent through a single portal of state and municipal services.
Abroad, you can get married in an ancient knight's castle, a cozy estate, near a waterfall or to the sound of the surf near the ocean's edge. Such registration is devoid of boring clichés and will certainly become one of the most bright days in life new family. How can you get married abroad, what is needed for this and what types exist? important nuances according to the law?
The first question that arises for future spouses who want to hold a wedding outside their homeland is whether such an event is legal and whether its result is legal. If you stick to necessary requirements, which are dictated by law, a wedding on tropical sunny islands or within the walls of a medieval European castle is real.
If you wish and have a sufficient wedding budget, such a ceremony will not be difficult or problematic. All you need to do is make sure you comply with the legal regulations of the country in which the wedding is planned - and you can pack your bags.
The procedure for concluding a marriage in another country is regulated by the legislation of the Russian Federation - http://stskrf.ru/158.
According to the Family Code, Russian citizens can hold an official wedding ceremony outside the territory own country and such an event will be eligible if:
- There were no violations of the legislation of the country where the wedding will take place. Subject to compliance with all legal norms of the state, by which we mean the requirements for the form, place, and conditions of marriage, a wedding celebration abroad will receive its legal force.
- There is no reason why marriage will not be possible.
Obstacles include:
- Those wishing to get married are considered close blood relatives, full-blooded, half-blooded (those who have one common parent) brother and sister.
- One of the future spouses who is already married.
- Marriage is concluded between people who are declared incompetent by a court decision and both or one of them have mental disabilities.
- If the newlyweds are an adoptive parent and an adopted child.
Places where you can hold a wedding ceremony abroad are:
- City Hall.
- Diplomatic representation.
- Consular office of the Russian Federation in the country.
- Other organ state power or local government where the wedding can take place.
Documents for marriage abroad
To have a wedding ceremony abroad, you need to take the following documents with you:
- Birth certificate.
- Copies and originals of foreign passports.
- Passport of a citizen of the Russian Federation and its copy.
- A statement indicating that the person applying for marriage is this moment single/unmarried.
- If this is the second marriage of one of the future spouses, a certificate of divorce from the previous marriage and a copy of it are required.
- If one of the couple is a widow (widower), you need a death certificate of the husband (wife).
- A document from the registry office confirming the absence of legal obstacles to marriage.
As a rule, the specified package of documents is sufficient. However, the list may include additional items. And sometimes significant differences may even be for the legislation of different cities of the same country.
The package of documents must be accompanied by copies in the official language of the country in which the wedding will take place. For their legal force, copies are pre-certified in Russia, on them an apostille is affixed. This makes international circulation of official papers possible. What is apostille?
Legalization of marriage in the Russian Federation
Among the member countries of the 1961 Hague Conference on Private International Law, the need for a complex procedure for legalizing documents is abolished. To legalize official documents, these countries need to carry out a simplified procedure - apostille.
In order for a marriage to be recognized as valid in its home country, after obtaining a marriage certificate, it must be affixed with a special stamp - an apostille. This is a stamp that confirms the competence of signatures and seals on official documents. Apostille can only take place in the country where the wedding ceremony took place. Thanks to him, the document has legal authority in the territory of all countries participating in the Hague Conference.
Apostille is considered a simplified option for legalizing official documents, which does not require prior consular legalization. In addition, it is carried out quite quickly, since one authorized body is enough for this.
Consular legalization– procedure for recognizing the legal force of documents for countries that have not signed the Hague Convention. It represents confirmation of the validity of official papers, stamps certifying documents, seals, and signatures of officials who have the right to put them.
This option for recognizing the legal force of documents occurs if it occurs in a country which has not signed the Hague Convention. It is more labor-intensive, troublesome and time-consuming than apostille. To achieve consular legalization, you need to have the document certified by the Ministry of Justice of the state where the wedding took place, the Ministry of Foreign Affairs, and the consulate. Unlike an apostille, with consular legalization this paper is valid only in the country whose consulate has put its mark.
Upon arrival at home, newlyweds must have their certificate, previously legalized, translated into Russian by a notary.
If there is a divorce coming up
In case living together the newlyweds will not work out; a marriage concluded abroad can be dissolved at home. This procedure will not cause any problems if there are no violations of the law during the marriage itself.
In order to get a divorce, the first thing you need to pay attention to is the presence of common children born in the marriage. Depending on this, divorce occurs through the registry office or court.
To terminate a marriage concluded abroad must be provided marriage certificate with translation, apostille or consul's mark upon legalization and pay the state fee. The algorithm for dissolving a marriage follows the same pattern as for a marriage concluded on the territory of the Russian Federation.
List of the most popular countries for a wedding ceremony
Having decided to hold a wedding ceremony abroad, you need to decide on the country where the registration will take place.
Foreign countries where official registration is valid for Russians: Australia, Austria, Bahamas, Barbados, Brazil, Hungary, Grenadines, Greece, Dominican Republic, Iceland, Spain, Italy, Cyprus, Cuba, Mauritius, Mexico, New Zealand, Poland, Romania, Seychelles, Slovenia USA, Fiji, Montenegro, Czech Republic, Sri Lanka, Jamaica.
You need to choose very carefully, because in each country marriage legislation dictates its own rules and can have very significant differences. Some of the most popular countries for holding an official wedding ceremony are:
Jamaica. This country has a hot temperament and beautiful, fascinating nature. Its residents are simple and hospitable, they know how to work, but also love to relax with all their hearts. If the newlyweds know how to have fun, then a Jamaican wedding is a great option to create a bright and noisy celebration for yourself and your guests.
Czech- steeped in history ancient country, which is associated with knights and princesses. If the bride dreamed of a fairytale wedding, then getting married in Prague to the sounds of an organ against the backdrop of medieval fortresses and castles will make her dreams come true.
Italy. It is not for nothing that it is called the birthplace of spring and the place where eternal love. To the attention of future spouses there are cozy bays, snow-white villas, rocky caves, shady emerald groves, kilometers of beaches. This is a country that is considered a Mecca for lovers' pilgrimages. And for good reason: Rome, Florence, Venice are some of the most romantic cities in the world. And the world famous tragic and beautiful love story of Romeo and Juliet took place in Verona. This is the ideal place for a long-awaited event.
Australia. In Australia, you can enjoy stunning nature far from civilization, but also admire the unique architecture and the results of technological progress. Having had a wedding in the center of Sydney or in a hidden bay near the ocean, the newlyweds will remember the unique atmosphere of Australia for a long time.
New Zealand- a country of extraordinary beauty. Getting there, the tourist feels a complete separation from civilization, immersion in nature, unity with it. Like nowhere else, here you get the impression of the edge of the earth, a place where time has stood still. Weddings in New Zealand are original and unforgettable, because against the backdrop of emerald nature wedding dress It will look like something out of a fairy tale.
Greece– a place famous for its hospitality. A couple in love will feel comfortable in this country, and a wedding against the backdrop of alluring landscapes and amazing architecture will become one of the most memorable days in the life of a young family.
O. Crete – largest island Greece, the landscapes of which are amazing: mountains, forests, clean beaches of the Aegean and Libyan Sea. Along with ancient monuments, monasteries, fortresses, chapels, more and more buildings are appearing on the island modern architecture. A wedding in Crete is for those lovers who are attracted by a land full of romance of centuries-old history.
Iceland. A small island that is famous not only for its untouched nature, unique landscapes, but also for many amazing legends about elves and wizards. Therefore, for lovers of everything mysterious and unique, a wedding in Iceland will certainly be a suitable option.
USA. Rarely does a state present such a variety of landscapes and a wealth of natural monuments. Each of the 50 states is ready to offer something different for a couple in love planning to register the birth of a new family in this country. An unforgettable wedding celebration can be organized against the backdrop of a waterfall, desert, blue ocean or emerald green forest, climb onto the roof of a New York skyscraper, or arrange a rock-and-roll-style party in Vegas. There are no clichés or restrictions in America!
Here's what a wonderful wedding you can have in Mauritius:
Where difficulties may arise with a wedding
In which countries may difficulties arise in the process of registering a marriage, and what obstacles may a couple in love encounter?
By choosing some countries, for example, China, Thailand, Egypt, the UAE, it will be possible to organize only a symbolic ceremony. Marriage will not be legal there.
A marriage license obtained in Hawaii requires certification from the Department of Health. When deciding to get married in Bali, young people must be of the same religion. To get married in the Seychelles, you must live there for at least 11 days, in Sri Lanka - 4 days before the wedding ceremony, and in France you will have to stay 40 days before the wedding.
For the ceremony in some European countries(Austria, Germany, Switzerland) you need to wait for permission from the authorities, which can take from two to six months. Therefore, if future newlyweds decide to arrange official registration outside the Russian Federation, they should pay very close attention to the peculiarities of marriage legislation in other countries.
Cost of an official ceremony in other countries
Registering a marriage abroad is not the cheapest pleasure. But if you want an unforgettable holiday, it’s easy to find an alternative option. You can reduce expenses by saving on the list of invitees. You should not invite casual acquaintances, colleagues or distant relatives. Or cut the budget planned for the holiday menu.
You can do without an organizer, a wedding decorator, or the services of a toastmaster. All these expenses are unprincipled when you want an original and unconventional wedding in an ancient Prague castle or at the foot of active volcano in Iceland.
But first you need to familiarize yourself with pricing policy for wedding registration abroad. So, what is the approximate cost of a formal wedding ceremony in other countries? Price for registration and 7 days for two / for 3 days + 8 guests:
1. From 15,000 rub./45,000 rub.
- Vietnam
- Latvia
- Ukraine
- Bulgaria
- Czech
2. From 20,000 rub./60,000 rub.
- Estonia
- Hungary
- Croatia
- Montenegro
- Spain
- Slovenia
- Portugal
- Türkiye
- Sri Lanka
- Dominican Republic
3. From 25,000 rub. / 65,000 rub.
- Greece
- Malta
- Seychelles
- Mexico
4. From 30,000 rub./70,000 rub.
- Italy
- Mauritius
- Aruba
5. From 35,000 rub. / 100,000 rub.
- Gibraltar
- Fiji
- Australia
- New Zealand
Do you want to receive step by step instructions How to organize a wedding yourself? We recommend watching the video course “How to Prepare the Perfect Wedding.” You will learn how to manage your wedding budget wisely, how to choose the right host and photographer, and protect yourself from mistakes. All the details
Symbolic ceremony - an alternative option for getting married abroad
Not everyone has the desire to bother with completing a bunch of official papers. For such people, there is an alternative option - a symbolic ceremony abroad. To do this, you need to submit an application and sign at the registry office at home, and hold the celebration in another country.
In order to save money, you can choose.
All you need is to submit in advance and pay 350 rubles. .
For experienced spouses who want to “refresh” their passion or established couples who want to celebrate their wedding anniversary in a non-trivial way, a symbolic wedding in another country is also suitable.
By choosing a theatrical ceremony, newlyweds can avoid expenses associated with paperwork and their legalization at home and in the country where registration will take place. Wedding expenses will be associated only with the cost of the tour, the ceremony itself, and the photo shoot.
You can learn more about theatrical away registration.
Symbolic registration can be carried out in a picturesque corner of the globe: Thailand, Cambodia, India, Japan, Malaysia, Maldives, Bali, Morocco, Kenya, Peru, Costa Rica.
The format of the wedding ceremony is at the discretion of the future spouses. Here the flight of fancy can only be connected by the budget figure, but there are no restrictions in the legislation, as for official registration.
Such a marriage does not carry any legal burden. Therefore, you can safely get married in the air, under water, in a temple in the spirit of traditional Buddhist wedding rituals. And as a marriage certificate, get an antique-style parchment, or even a painted palm branch if the wedding is planned in a secluded corner of a tropical island.
And finally, a video about the advantages of a wedding ceremony abroad:
Whether it is an official wedding ceremony or a symbolic one, its moments will be remembered by the newlyweds for a long time. A place on the globe that you have long dreamed of visiting, picturesque surroundings and a unique atmosphere, as well as the loving gaze of your other half - what’s not a wonderful start to family life?
In the age of rapid globalization, borders are erased even between states, let alone cities in the same country. Increasingly, couples are formed after one of the future spouses moves from their hometown to some other city, as a result of meeting on vacation or during work trips, as well as as a result of an affair on the Internet.
Also, a couple can move from their home provincial town to the capital in search of work and better life. And when the lovers finally decide to formalize their relationship, the question arises - and in which city to celebrate the wedding?
There may be several options here:
- hometown both or one of the spouses;
- the city in which the future newlyweds currently live;
- the city where the young people met. And this is not necessarily their hometown or where they live now;
- another city where lovers simply dream of visiting.
IN in this case we are talking about another city within the country, and not about a foreign wedding. Naturally, such an unusual situation has both pros and cons. Together we will try to understand the advantages and disadvantages of getting married in another city.
Pros of holding a wedding in another city
A different city means a change of scenery, and a change of scenery is always associated with relaxation, new impressions and something unusual. For an event like a wedding, all this is perfect: taking a break from the usual is a great way to add emotions to the holiday.
If you live far from your family, then a wedding in your hometown will be an excellent reason to visit small homeland and spend time with loved ones, stay at home. In this case, you will not have any problems with accommodation, because you will be received with joy at home, especially on the eve of such a holiday. important day.
For some, celebrating a wedding in another city can be an opportunity to save money. It's no secret that wedding services in the capitals and major cities much more expensive than in the outback.
True, this is a double-edged sword, because often the quality of such services in the province leaves much to be desired. And yet, for the same money you can order, for example, a Moscow “average” photographer or the best specialist photo industry of a small town. You decide!
Nowadays, the services of wedding planners are in demand in Russia, and largely thanks to the weddings of couples from other cities. You will definitely need a person or even an entire agency who will prepare and organize your celebration, since you will not be able to control all the little things from a distance and resolve issues promptly.
Having a wedding planner can easily be considered one of the advantages of a wedding in another city: by entrusting their celebration to professionals, the bride and groom can enjoy their feelings and the pleasant atmosphere of the celebration, without worrying about how to organize everything and carry it out at a high level.
Disadvantages of holding a wedding in another city
But the previous point can also be attributed to disadvantages. Here everything will depend on how good a wedding planning specialist you find. When choosing a manager, be guided by his experience in this field and the recommendations of people who have worked with him.
In addition, brides often want to deal with the process of preparing for the wedding themselves and do everything without anyone’s help, but if the wedding takes place in another city, this, of course, is impossible. Just come to terms with this fact and prepare for the wedding remotely with the manager.
Future spouses will have to choose in which city to hold the celebration. And if initially there is no single option, then the choice can be very difficult, because in this case someone will have to give in.
If the wedding is planned in the hometown of one of the spouses, then what about the relatives of the second? Here you will have to look for a compromise that suits everyone as much as possible.
The criteria for selecting a city may be as follows:
- Celebrate the wedding where more guests are planned. It makes sense that most people wouldn't travel anywhere, and it would also help save on accommodating fewer guests on the other side.
- Celebrate the wedding in a city that is closer to the couple’s current place of residence. First of all, think about yourself, because you probably don’t want to waste a lot of time on the road - it’s exhausting, and on the eve of such an important day you won’t be tired. best helper. In addition, you may have to travel at least once to the city where the celebration is planned to check any preparation issues. It will be more convenient if you don’t have to travel far.
Be prepared for the fact that not all invitees will be able to attend your wedding. Circumstances vary, so for some it’s not even the most long trip may prove burdensome. You shouldn't be offended by this.
We must not forget about the difficulties with documents. You will need to submit an application to the registry office in the city where the wedding is planned. This requires the presence of both spouses. And if the wedding date is scheduled for a weekend and the height of the wedding season, then you will also have to submit a preliminary application in advance, which requires the presence of at least one of the spouses with two passports.
A way out of the situation could be symbolic ceremony which you will spend on your wedding day. You can have your passport stamped in your city on any convenient day, and they will also give you a marriage certificate there.
If you want to invite all the guests to where you currently live, and this is not the hometown of one of the future spouses, then it will be quite expensive and troublesome. Guests must be met and accommodated (according to the rules good manners, of course, at your expense) and not let them get bored if they arrived on the eve of the celebration.
For the newlyweds this will be quite difficult, but for the guests, on the contrary, it will turn out to be a short trip that they will surely remember. So this also has its advantage.