Are marriage certificates taken away from a divorce? This question is asked by many couples planning to terminate officially registered relations. What should they prepare for? Below we will talk about how to get a divorce in a particular case. What awaits a couple? And what papers will end up in the hands of former spouses? The answers to all this and not only will certainly help to clarify the divorce process.
Ways to end a relationship
When you get a divorce, is your marriage certificate taken away or not? To decide on this issue, you need to study all the nuances of the upcoming operation. Only then will it be possible to understand what the couple is preparing for.
You can get a divorce today:
- by mutual agreement;
- unilaterally.
In this case, an application for divorce is filed:
- through registry offices;
- to the courts.
Increasingly, citizens meet in judicial bodies of a world or district type to terminate previously registered relations. Unfortunately, this is not the easiest scenario.
When bred in the registry office
After a divorce, a marriage certificate is taken away? First you have to understand how to properly arrange the termination of the marriage. Otherwise, you can never get a divorce certificate on hand.
When bred in the registry office? This is possible in the absence of common property (or disputes over it), as well as when the family does not have common or adopted minor children. In this case, both spouses must be in favor of ending the relationship.
In other cases, the registry offices do not apply for divorce, but for certificates of the established form. There is nothing difficult about this.
When bred in court
Divorce proceedings in the judiciary, as already mentioned, are increasingly common. But when exactly can I contact here for help?
For example, if the husband or wife does not want to end the relationship. They go to court without fail when it is necessary to divide property, assign alimony and determine the place of residence of minor children.
Moreover, issues related to children and major property disputes are considered in district courts. Otherwise, you can file a lawsuit for divorce magistrate.
Documents for termination of marriage in court
Are marriage certificates taken away from a divorce? Usually, the corresponding document indicates the creation of a new unit of society. With it, spouses can prove and confirm the legitimacy of their relationship.
Upon termination of marriage through the court, you must take with you:
- certificate "about the wedding";
- passports
- a lawsuit with a detailed description of the situation in the family;
- certificates of property rights;
- marriage agreement, if any.
Additionally, they may come in handy:
- certificates of adoption or birth of children;
- income statements;
- statements confirming the presence of spouses housing;
- any evidence of immoral or exemplary behavior of a parent.
Usually, the court considers all available materials on the basis of which a decision is made. As a rule, a couple will be divorced, but if there are children, this takes more time.
Are marriage certificates taken away from a divorce? If a citizen files a lawsuit, the relevant document will be seized with a copy of it before the court hearing. Usually, after considering the statement of claim, the wedding certificate is returned to the plaintiff.
Documents for divorce in the registry office
It will be necessary to act a little differently if the couple has no conflicts and common children. Under such circumstances, as already mentioned, it is possible to terminate official relations through the registry office.
If you apply to the same authority where the spouses were painted, you can often not bring a marriage certificate. But this is an extremely rare scenario.
Typically, a couple in a registry office is required:
- identity identifiers;
- application for divorce (joint);
- certificate of registration of a marriage union.
If for one reason or another the husband / wife cannot apply to the registry office for divorce, it is necessary to issue a notarized consent of the established form. It indicates the reason for the absence of one of the parties, as well as consent to the termination of relations.
What's next? Are marriage certificates taken during a divorce in the Russian Federation? Usually yes. This is a normal occurrence. The corresponding paper will be exchanged for a certificate of divorce of the established sample.
Exceptions to the Rules
After a divorce, the marriage certificate is taken away - this is a fact that each spouse should know about. Moreover, instead of a single certificate "on the establishment of a family", the divorced will be given a copy of the extract on the termination of the marriage.
In practice, it sometimes happens that the said document is not seized. This is an extremely rare scenario. It is observed in isolated cases. When exactly?
For example, if the parties applied to the registry office without a certificate of registration of a marriage union. As has already been emphasized, employees of the registration authorities can accept the application of the spouses. Then the certificate of "creating a family" will remain in the hands of one of the parties. It simply will not have legal force.
When getting divorced, marriage certificate is taken away? Yes, but it happens that the corresponding document remains in the hands of the husband or wife. Sometimes this happens when the marriage is terminated in court. A similar phenomenon is due to the fact that the registry office will register the termination of the marriage union on the basis of a court order. And some employees of the registration authorities may accept an application for a divorce certificate without a marriage certificate.
Why is the withdrawal
When you get a divorce, is your marriage certificate taken away? Yes, and this happens almost always. Ideally, constantly. But why?
The thing is that the mentioned document is a proof of the fact of registration of marriage relations between spouses. While the couple are officially together, the relevant statement is legally binding.
As soon as a couple divorces, the evidence will lose its validity. The cell of society will cease to exist; its “life” will not have to be confirmed. And therefore, when they get divorced, they take away the marriage certificate. He, as was emphasized earlier, is replaced by a divorce certificate.
Cost of certificates
How much does it cost to issue the mentioned extracts? When divorced, the marriage certificate is taken away by the LA. It is exchanged for a document indicating the fact that the family ceased to exist. You will have to pay for this operation.
In 2018, citizens are advised to focus on the following duties when registering marriage or divorce:
- marriage registration - 350 rubles;
- divorce in the registry office by mutual agreement - 650 rubles;
- unilateral termination of the marriage union - 350 rubles.
When making state fees through the State Services website, citizens who make transactions before the end of 2018 receive a 30% discount. This allows you to reduce the cost of state and municipal services, but does not have any effect on the fact of withdrawal of "family" certificates.
If the evidence is lost
Sometimes it happens that a citizen needs to confirm his past relationship. Usually for this you have to show a divorce certificate. This statement may be lost.
What to do? It is necessary to contact the registry office or the MFC with a statement on the issue of a duplicate of the relevant documentation. Further, the citizen will have to pay for the service, after which a few days later a duplicate of the certificate will be issued to the person’s hands.
Conclusion
Are marriage certificates taken away from a divorce in court? As already mentioned, yes. But after the meeting he will be handed over to the plaintiff. This document is useful in the registry office in the future.
Sometimes it is possible to prove the fact of marriage and divorce with the help of an identity card. In the passport of a citizen of the Russian Federation put notes on past relationships. They are "erased" after the replacement of the identifier of the person.
As a rule, stamps in passports about divorce and marriage are almost not taken into account by state bodies. Therefore, they cannot be used as evidence of established patterns.
Now it’s clear whether the marriage certificate is taken away with a divorce or not. And why the corresponding action occurs is also understandable.