All the subtleties of divorce: we study the Family Code. Divorce and division of property according to the family code of the Russian Federation

Russian Federation. Divorce is carried out by the registration authorities (ZAGS) and the courts. The first option is relevant in the absence of property disputes and young children. It is enough for the parties to submit a joint application and wait 1 month. Then come at the specified time to the registry office to complete the procedure. Other cases are considered in court. The decision is made on the basis of the arguments presented and the existing agreements between the spouses. The judge can provide a period for reconciliation of the parties if the defendant does not want to destroy the family. Consideration of the case will continue in 3 months.

The term “divorce” refers to the rupture of family relations. Between a man and a woman, property rights are annulled. The existing property is divided in two, as well as debentures. If the spouses managed to have children during their life together, then they will have to continue to fulfill their parental duty. In most cases, dependents are left to live with their mother and the father is required to pay child support.

The procedure for dissolution of marriage begins with the filing of an application. If one of the spouses is against the divorce, then the process will be significantly delayed. Such proceedings may last more than 1 year. In the final score, the rupture of the union will still come true. The exception is the period of pregnancy and the year after birth joint child. Only a woman can initiate a divorce in such cases. An application submitted by a man will be immediately rejected. The rule of 1 year applies even when the baby dies (at birth or in the process of gestation).

Particular attention in the family code of the Russian Federation is given to the authority implementing. An application is submitted to the registry office only with the consent of two spouses, the absence of children and property disputes. Otherwise, the justice of the peace will deal with the matter. Upon completion of the proceedings, the former spouses, on the basis of the verdict, will be issued new documents at the registration authorities.

About return maiden name it is advisable to think in advance in order to include this item in the application being submitted.

Family Code Provisions Governing the Process of Breaking a Marriage

The unified law on divorce in Russia is the Family Code, which contains the main provisions governing the divorce process:

Article	Short description
16	List of grounds for rupture marriage union.
17	Situations where the spouse will have to wait a certain period of time to file.
18	Procedure for dissolution of a marriage.
19	Features of the divorce procedure in the registration authorities.
20	Analysis of disputes arising between a man and a woman in the registration authorities.
21	List of grounds for implementation.
22	Features of breaking the marriage union in the absence of the consent of one of the spouses.
23	The main points of the divorce process with the mutual desire of the parties to break family ties.
24	List of issues to be resolved in the pronouncement of a judicial verdict.
25	Description of the moment of termination of the marriage union
26	Requirements for the resumption of marriage upon the return of a spouse declared dead or missing.

Back in 2014, the law on divorce should have been amended to establish a minimum amount of alimony in the amount of 15 thousand rubles. Unfortunately, the bill was rejected in the last hearing. According to the current version of the RF IC, upon divorce minimum amount withholding funds for the maintenance of a dependent is calculated depending on the size of the subsistence minimum.

In some cases, unilateral termination of marital relations is permissible. According to the current legislation, the submission of documents from one person is legal if:

The court recognized one of the spouses as incompetent on the basis of the submitted certificates.
The husband or wife was sentenced to more than 3 years in prison.
The court confirmed that one of the spouses is missing.

You will have to draw up a petition in form No. 9, which differs from the standard one only by indicating the reason for the breakup of marital relations. Together with the application, you will need to submit a duplicate of the court verdict (in the case of a convicted spouse). Only the initiator of the divorce will have to pay the state fee, but its amount has been reduced to 350 rubles.

Breaking family ties in court

In the court of law, the couple will have to resolve the dispute in such situations:

Joint child is under 18 years old.
Spouses cannot divide property.
Mother or father does not give consent to divorce.
Both spouses approved the decision to break up the marriage, but one of them constantly evades visits to the registration authorities.

The following issues are resolved during the trial:

Further place of residence of the child.
The order of communication of the second parent with the dependent.
Separation joint property and debt obligations.
Solving issues related to the payment of alimony.
Resolution of other disputes.

The application must be filed with the court at the defendant's address. Filing at the place of residence of the plaintiff is permissible as an exception if there is good reason(feeling unwell, caring for a dependent). The claim must contain the following information:

information about the spouses and the court where the application is submitted.
information about marital relationships and existing disputes.
grounds for filing a claim.
petition.
list of documentation.
the signature of the initiator of the divorce and the date of presentation of the document.

The duration of the proceedings depends on the number of claims and whether both parties agree to the divorce. If the defendant or plaintiff does not want to terminate marital relations, the judge will grant a conciliatory period. A rehearing will be held in 3 months. In the absence of changes and other disputes, the divorce will be carried out. The spouses will have 1 month to file an appeal. At the end of the term, the decision will enter into force. To obtain a document confirming the dissolution of the marriage, it will be necessary to appear at the registry office, where you will have to draw up an application in form No. 10.

The main provisions related to the breakup of a marriage union are regulated by the Family Code. In a simplified manner, the procedure is carried out at the registry office. A lengthy trial awaits spouses with joint children and property disputes. Such issues are resolved in court.

of this document).

On the issue concerning the application of legislation by the courts when considering cases of divorce, see Resolution of the Plenum Supreme Court RF dated 05.11.1998 N 15.

1. Marriage is terminated as a result of death or as a result of a court declaring one of the spouses dead.

2. Marriage may be terminated by its dissolution at the request of one or both spouses, as well as at the request of the guardian of the spouse recognized by the court as legally incompetent.

The husband does not have the right, without the consent of his wife, to initiate proceedings for the dissolution of the marriage during the wife's pregnancy and within a year after the birth of the child.

The dissolution of a marriage is carried out in the civil registry offices, and in the cases provided for by this Code, in judicial order.

1. With mutual consent to the dissolution of the marriage of spouses who do not have common minor children, the dissolution of the marriage is carried out in the civil registry offices.

2. Dissolution of marriage at the request of one of the spouses, regardless of whether the spouses have common minor children, is carried out in the civil registry offices, if the other spouse:

recognized by the court as missing;

recognized by the court as incompetent;

sentenced for committing a crime to imprisonment for a term of more than three years.

3. The dissolution of a marriage and the issuance of a certificate of dissolution of marriage are carried out by the civil registry office after a month has elapsed from the date of filing an application for divorce.

4. State registration of divorce is carried out by the civil registry office in the manner prescribed for state registration of civil status acts.

Partition controversy common property spouses, payment of funds for the maintenance of a needy disabled spouse, as well as disputes about children arising between spouses, one of whom is recognized by the court as incapable or sentenced for committing a crime to imprisonment for a term of more than three years (paragraph 2 of Article 19 of this Code), are considered in judicial procedure, regardless of the dissolution of marriage in the organs of registration of acts of civil status.

1. Dissolution of a marriage shall be carried out in a judicial proceeding if the spouses have common minor children, except for the cases provided for in paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to the dissolution of the marriage.

2. Divorce is also carried out in court in cases where one of the spouses, despite the absence of objections, evades divorce in the civil registry office (refuses to submit an application, does not want to appear for state registration of divorce, etc.) .

1. Dissolution of marriage in a judicial proceeding is carried out if the court establishes that further living together spouses and the preservation of the family are impossible.

The dissolution of the marriage is carried out if the measures for reconciliation of the spouses were unsuccessful and the spouses (one of them) insist on the dissolution of the marriage.

1. Subject to availability mutual agreement for the dissolution of the marriage of spouses with common minor children, as well as the spouses specified in paragraph 2 of Article 21 of this Code, the court dissolves the marriage without clarifying the motives for divorce. Spouses have the right to submit an agreement on children, provided for by paragraph 1 of Article 24 of this Code, for consideration by the court. In the absence of such an agreement, or if the agreement violates the interests of children, the court takes measures to protect their interests in the manner prescribed by paragraph 2 of Article 24 of this Code.

2. Dissolution of a marriage shall be effected by the court not earlier than a month has elapsed from the day the spouses filed an application for divorce.

1. When dissolving a marriage in court, spouses may submit to the court an agreement on which of them will live with minor children, on the procedure for paying funds for the maintenance of children and (or) a disabled needy spouse, on the amount of these funds or on the division of the general spouses' property.

determine with which of the parents minor children will live after the divorce;

determine from which of the parents and in what amounts alimony is collected for their children;

at the request of the spouses (one of them) to divide the property that is in their joint ownership;

at the request of a spouse entitled to receive maintenance from the other spouse, to determine the amount of this maintenance.

3. If the division of property affects the interests of third parties, the court has the right to separate the claim for the division of property into a separate proceeding.

Article 25, which establishes the moment of termination of a marriage upon its dissolution in court from the day the court decision on the dissolution of the marriage enters into legal force, is applied when the marriage is dissolved in court after May 1, 1996 (paragraph 3 of Article 169 of this document).

1. A marriage dissolved in the civil registry offices shall be terminated from the date of state registration of the dissolution of marriage in the register of civil status acts, and in case of divorce in court - from the day the court decision enters into legal force.

2. Dissolution of marriage in court is subject to state registration in the manner established for state registration of acts of civil status.

The court is obliged, within three days from the date of entry into force of the court decision on divorce, to send an extract from this court decision to the civil registry office at the place of state registration of the marriage.

Spouses are not entitled to new marriage before receiving a certificate of divorce from the civil registry office at the place of residence of any of them.

1. In the event of the appearance of a spouse declared dead by the court or recognized by the court as missing, and the cancellation of the relevant judgments marriage may be restored by the civil registry office joint statement spouses.

2. Marriage cannot be restored if the other spouse has entered into a new marriage.

Chapter 4. TERMINATION OF MARRIAGE

Article 16. Grounds for termination of marriage

1. Marriage is terminated as a result of death or as a result of a court declaring one of the spouses dead.

2. Marriage may be terminated by its dissolution at the request of one or both spouses, as well as at the request of the guardian of the spouse recognized by the court as legally incompetent.
keywords: /family code of the Russian Federation articles/

Article 17

Article 18. Procedure for dissolution of marriage

The dissolution of a marriage is carried out in the civil registry offices, and in the cases provided for by Articles 21-23 of this Code, in a judicial proceeding.
keywords: /divorce law/

Article 19

1. With mutual consent to the dissolution of the marriage of spouses who do not have common minor children, the dissolution of the marriage is carried out in the civil registry offices.

2. Dissolution of marriage at the request of one of the spouses, regardless of whether the spouses have common minor children, is carried out in the civil registry offices, if the other spouse:
recognized by the court as missing;
recognized by the court as incompetent;
sentenced for committing a crime to imprisonment for a term of more than three years.

4. State registration of divorce is carried out by the civil registry office in the manner prescribed for state registration of civil status acts.
keywords: /family code free download/

Article 20

Disputes about the division of the common property of the spouses, the payment of funds for the maintenance of a needy disabled spouse, as well as disputes about children arising between spouses, one of whom is recognized by the court as incapable or sentenced for committing a crime to imprisonment for a term of more than three years (paragraph 2 of Article 19 of this of the Code), are considered in court, regardless of the dissolution of marriage in the civil registry offices.
keywords: / Russian family code /

Article 21

2. Dissolution of a marriage is also carried out in a judicial proceeding in cases where one of the spouses, despite the absence of objections, evades the dissolution of the marriage in the civil registry office, including refusing to file an application.
keywords: /family code divorce/

Article 22

1. Dissolution of marriage in a judicial proceeding is carried out if the court establishes that the further joint life of the spouses and the preservation of the family are impossible.

2. When considering a case on divorce, in the absence of the consent of one of the spouses to dissolve the marriage, the court has the right to take measures to reconcile the spouses and has the right to postpone the proceedings, setting the spouses a period for reconciliation within three months. The dissolution of the marriage is carried out if the measures for reconciliation of the spouses were unsuccessful and the spouses (one of them) insist on the dissolution of the marriage.
keywords: /family law code/

Article 23

1. In case of mutual consent to the dissolution of the marriage of spouses having common minor children, as well as the spouses specified in paragraph 2 of Article 21 of this Code, the court conducts a divorce without clarifying the motives for the dissolution of the marriage. Spouses have the right to present in court an agreement on the child, provided for in paragraph 1 of Article 24 of this Code. In the absence of such an agreement, or if the agreement violates the interests of children, the court takes measures to protect their interests in the manner prescribed by paragraph 2 of Article 24 of this Code.

2. Dissolution of a marriage shall be effected by the court not earlier than a month has elapsed from the day the spouses filed an application for divorce.

keywords: /family law/

Article 24

2. If there is no agreement between the spouses on the issues specified in paragraph 1 of this article, and also if it is established that this agreement violates the interests of the children or one of the spouses, the court is obliged:
determine with which of the parents minor children will live after the divorce;
determine from which of the parents and in what amounts alimony is collected for their children;
at the request of the spouses (one of them) to divide the property that is in their joint ownership;
at the request of a spouse entitled to receive maintenance from the other spouse, to determine the amount of this maintenance.

3. If the division of property affects the interests of third parties, the court has the right to separate the claim for the division of property into a separate proceeding.

keywords: keywords: /family code 2017 articles on divorce and divorce from wife/

Article 25

2. Dissolution of marriage in court is subject to state registration in the manner established for state registration of acts of civil status. The court is obliged, within three days from the date of entry into force of the court decision on divorce, to send an extract from this court decision to the civil registry office at the place of state registration of the marriage. Spouses are not entitled to enter into a new marriage before receiving a certificate of divorce in the civil registry office at the place of residence of any of them or at the place of state registration of marriage.
keywords: /articles of the family code of the Russian Federation 2017/

Article 26

1. In the event of the appearance of a spouse declared dead by the court or recognized by the court as missing, and the relevant court decisions are canceled, the marriage may be restored by the civil registry office upon a joint application of the spouses.

2. Marriage cannot be restored if the other spouse has entered into a new marriage.

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The Family Code of the Russian Federation (FC RF) is a legislative document that contains the rules and regulations governing family relations between citizens living in Russia. The code also lists the conditions and procedure for entering into marriage and the procedure for its dissolution. In addition, Art. 2 of the RF IC establishes the rights to the property of all family members, including between the guardian and the adopted citizen.

About the concept of "divorce" and the procedure for dissolution of marriage

The official dissolution of a marriage is the rupture of relations between spouses. In this case, actions in which the spouses begin to live separately and stop communicating are considered insufficient. Termination of registered family relations must take place in accordance with the procedure regulated by the law on divorce. The document certifying the divorce is the relevant certificate.

The marriage union is terminated only between the spouses who entered into it through the offices of the registry office. In the Family Code, the term "divorce" is absent due to its vernacular, the concept of "dissolution of marriage" is correct. The gap between a man and a woman is carried out not only after the adoption of an appropriate decision on this, but also in the event of the sudden death of one of the spouses, as well as in other circumstances when the marriage is considered invalid.

To initiate the procedure for dissolution of marriage, it is enough to write an application. Even if one party refuses, the divorce will be carried out. Thus, the desire of one cannot affect the situation, however, it can delay the process of formally ending a valid marriage.

The only exception is pregnancy and a time period of one year from the date of birth common child. During this period, the spouse does not have the right to demand the termination of the marriage, and the claim to the court, if the wife refuses, will be rejected. It is possible to officially break off relations during the period of bearing a child only at the initiative of a woman. Even with the loss of a child (during pregnancy), the husband will wait for consent to divorce for another year, according to the RF IC.

IN family law it is stipulated that on the issue of dissolution of marriage, one should apply to the registry office or to a justice of the peace. The choice of one or another method depends both on the desire of the husband and wife, and on the presence of common children, as well as other features of the situation in the family. But even when applying to the court, the spouses will have to visit the registry office to obtain a certificate. The basic rule of divorce is a time period of 30 calendar days from the date of application. In this case, Russian legislation does not provide for exceptions.

Divorce through the registry office

In the RF IC, there are several basic procedures for the dissolution of a marriage. The rupture of the marriage union through the registry office occurs according to a simplified procedure. Thus, persons in family union must visit the branch and write an application in the prescribed form. If there is no common child, then the dissolution of the marriage will be carried out without problems. 30 days after the registration of the application, the break in relations will be officially registered.

The Family Code of Russia allows such a procedure if a person is not able to appear at the registry office, but gives his consent. To do this, you should visit a notary and draw up an agreement. If a person is in prison, a similar document is certified by the manager of the correctional facility.

Thanks to the development of Internet technologies, an application for divorce can be issued on the public services portal or through the MFC ( Multifunctional Center). The Family Code of Russia describes the conditions under which a person has the right to draw up and send an application to the registry office if they wish to get a divorce. These include:

imprisonment or detention of a married person for a period of 36 months or more. In addition to the application, you will need to attach a judgment (copy), which has entered into force;
if a person who is in a marriage union is declared incompetent in accordance with the decision of a judge. In addition to the application, you will need to attach the specified document;
if the person is reported missing. This decision is taken by the court. Accordingly, the application must be supplemented with such a decision from the judge.

Other cases are considered only through the courts.

When the termination of the relationship occurs through the court

The Family Code of Russia describes the following situations divorce proceedings judicially.

The marriage union is terminated through the courts if there are joint children in the marriage who have not reached the age of majority, or disagreement is expressed on the termination of the union by one of the spouses. Exceptions are provided for in paragraph 2 of Article 19 of the RF IC
can occur when there is consent, but one of the parties evades signing the documentation.

The main goal of the Family Code of the Russian Federation is to respect the interests of children under the age of 18. An appeal to the courts, according to the RF IC, should be drawn up if there are no grounds for termination through the registry office. In this case, the legal proceedings will be extended in time, since it is necessary not only to write an application, but also to collect a package of documents. In this case, the court may appoint an additional period for reconciliation of the parties. In addition, the couple needs to discuss a number of issues related to:

places of further residence of minor children;
order educational process, participation in it of the second parent;
division of joint property acquired in marriage;
issues of alimony and maintenance;
other points of contention.

The legislation of Russia establishes (Article 28 Civil Code), What statement of claim in the event of a divorce, it is sent to the address of the defendant's residence. However, in exceptional cases, the claim can be sent to the place of residence of the plaintiff with the relevant documents attached. Such exceptions are mentioned in Art. 29 of the said code.

Divorce procedure in court

If the judge received only an application to initiate a divorce, and there are no other requirements, then the procedure is simple and does not take much time. However, if a number of requirements are attached to the application, then the consideration of the case is delayed. The judge may schedule multiple court hearings.

After filing a claim with the court, you should wait for notification of the place, time and other data regarding the hearing in the case. As a rule, notification comes two weeks after the registration of the application. If there is none, you must contact the court and find out the reasons for the delay. If the application was drawn up correctly, the court appoints the first meeting after 30 days from the date of registration of the claim.

You can attend the court session in person or send a petition to the court for consideration in the absence of the plaintiff. For its part, the defendant has the right to write a statement of consent with the claim or send objections. All actions of the parties must be based on the Family Code of Russia.

At the first hearing, the judge will inquire about the consent of the defendant to sign divorce document. With an affirmative answer, a divorce, according to the UK, is carried out without clarifying the grounds for breaking off relations. In case of a negative answer, the court has the right to find out the reasons and find out whether it is possible to save the family. Then the first meeting is closed and the couple is given another three months for reconciliation.

On the second court session, according to the RF IC, in the absence of a statement from the plaintiff on the annulment of the claim, the marriage is dissolved. The judgment comes into effect one month later. In case of filing an appeal against the decision of the magistrate, the proceedings are transferred to the appellate instance.

The date of the dissolution of the marriage is the day the court order is issued. Former spouses you must come to the registry office with a copy of the decision, on the basis of which the corresponding certificate will be issued.

RF IC on the procedure for dividing property in a divorce

The IC of Russia contains a set of rules regarding the procedure for the division of common property, which can be both personal and joint. Art. 34 clarifies the list of joint property.

Allowances, pensions and other payments. An exception is transfers that were sent, for example, for the treatment of damaged health or other compensation.
Income from wages, business or intellectual work.
Any movable and immovable property acquired jointly during the marriage. They also include securities, shares, deposits, investment shares.
Any other property acquired in marriage, regardless of the buyer.

Property related to personal property, according to Art. 36 of the Family Code of the Russian Federation, it is considered:

Movable and immovable property acquired before the date of registration of the marriage union.
Property received under the documents of donation or after the entry into the inheritance.
Personal items - hygiene items, clothes, shoes and more.
Patents, copyright, intellectual property.

The Russian Code governing family relations also contains indications that any property can be recognized as common, if there are facts that in the process of a marriage from common funds finances were allocated, which subsequently significantly increased the value of personal property. These, for example, include: major repairs of an apartment or car.

An entire section is devoted to the issues of division of property in the Family Code, since it is in this area that disputes and contradictions most often arise. Conflict can be resolved by mutual decision and formalization married couple property division agreements. To prevent the development of a dispute based on property will help marriage contract. However, disputes constantly arise, and regulation takes place in the courts. Family law has a clear definition that the rights and opportunities of spouses are equal, including in the event of divorce.

Article 16. Grounds for termination of marriage

1. Marriage is terminated as a result of death or as a result of a court declaring one of the spouses dead.

2. Marriage may be terminated by its dissolution at the request of one or both spouses, as well as at the request of the guardian of the spouse recognized by the court as legally incompetent.

Article 17 divorce

Article 18. Procedure for dissolution of marriage

The dissolution of a marriage is carried out in the civil registry offices, and in the cases provided for by Articles 21-23 of this Code, in a judicial proceeding.

Article 19

1. With mutual consent to the dissolution of the marriage of spouses who do not have common minor children, the dissolution of the marriage is carried out in the civil registry offices.

2. Dissolution of marriage at the request of one of the spouses, regardless of whether the spouses have common minor children, is carried out in the civil registry offices, if the other spouse:

recognized by the court as missing;
recognized by the court as incompetent;
sentenced for committing a crime to imprisonment for a term of more than three years.

4. State registration of divorce is carried out by the civil registry office in the manner prescribed for state registration of civil status acts.

Article 20

Article 21

Article 22

1. Dissolution of marriage in a judicial proceeding is carried out if the court establishes that the further joint life of the spouses and the preservation of the family are impossible.

The dissolution of the marriage is carried out if the measures for reconciliation of the spouses were unsuccessful and the spouses (one of them) insist on the dissolution of the marriage.

Article 23

1. If there is mutual consent to the dissolution of the marriage of spouses with common minor children, as well as the spouses specified in paragraph 2 of Article 21 of this Code, the court dissolves the marriage without clarifying the motives for divorce. Spouses have the right to submit an agreement on children, provided for by paragraph 1 of Article 24 of this Code, for consideration by the court. In the absence of such an agreement, or if the agreement violates the interests of children, the court takes measures to protect their interests in the manner prescribed by paragraph 2 of Article 24 of this Code.

2. Dissolution of a marriage shall be effected by the court not earlier than a month has elapsed from the day the spouses filed an application for divorce.

Article 24

determine which of the parents minor children will live with;
determine from which of the parents and in what amounts their children are levied;
at the request of the spouses (one of them) to divide the property that is in their joint ownership;
at the request of a spouse entitled to receive maintenance from the other spouse, to determine the amount of this maintenance.

3. If the division of property affects the interests of third parties, the court has the right to separate the claim for the division of property into a separate proceeding.

Article 25

2. Dissolution of marriage in court is subject to state registration in the manner established for state registration of acts of civil status.

Spouses are not entitled to enter into a new marriage before receiving a certificate of divorce from the civil registry office at the place of residence of any of them.

Article 26

2. Marriage cannot be restored if the other spouse has entered into a new marriage.

Discussion

And I'm about to get a divorce. Now I know my rights. The truth is just pain...

08/30/2008 02:33:10 PM, Antonina

Here we are divorced in absentia.
The feeling is wonderful, just get divorced again :-))))

Comment on the article "Family Code.
Chapter 4

Please judge. Divorce. Family relationships. According to the Family Code of the Russian Federation, jewelry must be returned.

Or immediately in equal shares for two, in the event of a divorce, it will not be necessary to allocate a share. and the Family Code was amended?

Discussion

Make it for yourself, it will still be joint property. Or immediately in equal shares for two, in the event of a divorce, it will not be necessary to allocate a share.

I would rather run now and register in my property (or in shares) than later (God forbid in the event of a divorce) run through the courts and prove my right to a share in this apartment.

If I file for divorce, can my child be taken away from me for this reason? 7ya.ru - information project on family matters: pregnancy and childbirth, raising children ...

Discussion

Can not. The child was handed over to you personally, and can be withdrawn only if you do not fulfill your obligations towards him.
You know how you will cope financially and in everyday life without a husband. And guardianship doesn't care about your divorce.
I wish you success, strength and happiness, do not worry in vain because of guardianship.
I got divorced with children under guardianship, it never even occurred to me to report this to guardianship. Soon I really came to them with a new husband to collect documents for new children, then they apparently guessed)

Guardianship is issued for two or for you alone? If you have one, then in principle you are not at all obliged to report a divorce to the PLO. Get divorced and live in peace. In the same way, a ward child may not appear in court, because. there is no stamp in the passports, you can not present documents of guardianship to the court.

But if guardianship is on both, it is more difficult. It is necessary to remove guardianship from the husband and report to guardianship.

06/06/2014 08:27:19, it is possible and so

The marriage is / terminated, how much time has passed since the divorce, what kind of property regime. (otherwise everything is so confusing - on the one hand, the BC according to the Family Code, and on the other hand, if before ...

Discussion

Why is he a fool chtoli to give consent to donate to someone, especially since he will really retain the right to use it. The only thing you can do is provide evidence in court that the apartment was bought exclusively with your personal funds and not from the family budget.

as an option, go to a notary, draw up a marriage contract, where it will be written that everything bought in the name of the spouse belongs to the wife, as well as all accounts in her name, then your husband will not be able to claim anything! this pleasure costs about 5 thousand rubles. done in front of you and takes a minimum of time compared to other options. The main thing is that the husband agrees to this.

Reason for divorce. Divorce. Legal. Discussion of legal issues, consultations There is an article in the family code indicating that in this case there is no time for reconciliation ...

Discussion

The wording only makes sense if the other party objects to the divorce. In your case, "By mutual agreement" is sufficient.
SC
Chapter 4. TERMINATION OF MARRIAGE
Article 23
If there is mutual consent to the dissolution of the marriage of spouses who have common minor children, .... the court dissolves the marriage without clarifying the motives for the divorce.

Yes, now everything is simplified, to the point of extreme impossibility. To be honest, everyone doesn't give a damn why you're getting a divorce. This is your right, you exercise it by filing for divorce. Write that further life together is not possible and that's it.
I've been divorced in 5 minutes with two minor children in history))) Everything will be fine!

Adoption by a divorced woman. Can you tell me if a divorced woman can adopt? The Family Code of the Russian Federation clearly regulates the issues of paying alimony after a divorce.