Law, but rather Article 16 of the IC 3 provided grounds for termination of marriage.The first is the death of a spouse.In this case, the marriage is automatically canceled.Pravoprekraschayuschim document in this case is the death certificate, which is issued by the registrar.Any additional registration is required.
second base is the announcement citizen dead.To do this, at the place of residence or stay should not be information for 5 years, and if he went missing while threatening death or circumstances that suggest death due to an accident - within six months.For recognition of the deceased serviceman missing in connection with military actions, rather a period of two years.To end a marriage on this basis, it is necessary to appeal to the court.Marriage is also automatically terminated by a court decision entered into legal force.
third base is the dissolution of marriage at the request of a spouse (spouses), or if (s) he is incapacitated (a) - guardian.The right to termination of marriage is one of the spouses.An exception is provided for man whose wife is pregnant or has a common child under the age of 1 year.
Terms of the divorce affect the order of the divorce proceedings, which can be done through the registry office or the court.If the desire is mutual, there is no common minor children, would be sufficient to address a general statement to the registrar of the standard sample, the form of which can be obtained in this institution.This will not investigate the cause and will not be required to prove the impossibility of preservation of marriage and family.Recourse and one spouse if the other court declared missing, incapable or convicted of an offense to imprisonment for more than 3 years.
necessary to go to court if:
- have common minor children;
- the other spouse does not agree to end the marriage or had no objection, but shies away from it (for example, refuse to apply or is not for the state registration).
to start divorce proceedings, it is necessary to the court at the place of residence of the other spouse to file a claim, which should contain information about the date and place of marriage, on the causes of divorce, the presence and age of children together, information on availability of an agreement on their further detention andeducation.The statement of claim to be necessary to make a marriage certificate, a copy of a birth certificate a child in common, certificates of residence of the parties.
In order to save the marriage, the court may adopt measures aimed at reconciling the spouses and to give time for this to 3 months.If this will not work and the couple will continue to insist on a divorce, it will be done.
by mutual agreement on the termination of marriage the couple, who have common minor children, the court does not explain the motives of divorce.The parties may make an agreement, which will be spelled out, where in the future the children will live and what is the procedure for payment of funds for their maintenance, which is present in court later.In his absence or in violation of the interests of children, the court can take measures to protect them.In particular, it will be determined by the spouse to whom they will, and the amount of support.At the request of one of the parties may be carried out the division of property.
termination of marriage by the court not earlier than one month from the date of application to the couple during this period could all think carefully about.The couple considered to be divorced after the entry into force of a court decision.After this statement of decision shall be sent within 3 days in the body registry office at the place where the marriage was registered.Before receiving the certificate to remarry is impossible.
