It is very nice to see happy newlyweds on their wedding day: the bride in a white dress, the groom in a suit, joyful smiles. Naturally, everyone wants them to live soul to soul until old age, to see their grandchildren and great-grandchildren. However, sometimes this idyll ends with the termination of marriage. The reasons are completely different.
Definition of a concept
So, the termination of marriage is a complete legal gap between the husband and wife for certain reasons. This procedure begins with the application of the applicants (or one of them) to state bodies with a statement.
Naturally, the presented process can be fraught with difficulties. This happens if there are children in the marriage, or the spouses own common property. In these cases, a real battle for property or the child can be fought between husband and wife.
Reasons and grounds
Why marriage is terminated is not an easy question. The reasons can be completely different. And sometimes they are completely unexpected:
- Incompatibility of characters.
- Cruel behavior of the husband (wife) in the family.
- Inability to establish good relations with new relatives.
- Status mismatch. It even happens that a wife divorces her husband only because he earns less than her or has a lower position in society.
- Initial marriage with the aim of improving financial standing.
- The inability to accept children from a previous relationship.
- Intimate relationships outside the family.
There can be many of these reasons. Naturally, during the termination of official relations, you should correctly formulate them.
The grounds for termination of marriage may be as follows:
- The death of one of the spouses. Moreover, this reason is valid even if the husband or wife is absent for a long time and on the basis of a court decision is considered dead.
- The application of one of the spouses with a statement on the severance of legal relations between the spouses.
Naturally, the marriage cannot be dissolved during the period the wife is in position, as well as during the next 12 months after the baby is born.
In what ways is the procedure performed?
There are several ways:
- Recognition of marriage invalid. This is possible only if the couple did not conduct a common household, did not live together, and also if it is proved that they did not have intimate relationships.
- Termination through the registry office.
- Termination of marriage by judicial decision.
What documents are needed?
In order to officially break off the relationship between husband and wife, they must fulfill the conditions for the termination of marriage. First of all, those who wish to divorce should collect a small package of documents. If you decide to terminate the relationship through the registry office, you will need these papers:
- A statement signed by both spouses. This document can be submitted solely if the husband or wife is declared legally incompetent, untimely absent, sentenced to more than 3 years.
- Receipt of payment of state tax.
- The original certificate of marriage.
If you have to go to court, the list of documents has been expanded. In this case, you will need:
- Statement.
- A document in which circumstances and reasons will be described in detail because of which a decision was made on a divorce. Moreover, this paper and the statement should be with a copy for the second side.
- Original marriage certificate.
- Extract from the home book, which contains information about the registration of spouses.
- Receipt of payment of state tax.
- An agreement must be submitted to the court (if any), in which it is determined who the children will live with after breaking up.
- Copies of children's birth certificates.
Naturally, in each specific situation other documents can be added. It all depends on the circumstances.
What conditions must be met to effect a divorce?
In order for the marriage to be dissolved, you need to fulfill a number of conditions:
- Submit the correctly completed application and all necessary documents.
- Justify the reasons and circumstances that will not leave doubts in court.
- Prove that the family can no longer exist.
- Submit to the government a document in which the best solution will be found regarding the interests of children.
In principle, these requirements are conditional. The fact is that if you have already decided to divorce, then you will achieve your goal. And all those disputes that may arise will be resolved in court, in accordance with current legislation. However, properly completed conditions for termination of marriage will help to carry out the process faster.
Procedure for termination of marriage through the registry office
If both spouses agree to disperse, they have no property disputes and common children, then they can get divorced by administrative means. To do this, they should jointly submit an application for the severance of legal relations. This is done in the registry office. There you will be presented with a special form, which both spouses must fill out.
The formal legal relationship is broken only 30 days after the submission of the application. Further, this information is recorded in a special book of registration of acts of civil status. The certificate that you received at the time of the conclusion of the union is withdrawn, and each now ex-spouse is given a document confirming the divorce.
As you can see, there is nothing complicated here.
Features of divorce in court
This procedure for the termination of marriage provides for the implementation of a more complex procedure. The fact is that such a method of terminating the union is done if someone does not agree to a divorce, ignores the divorce process in every way, if there are minor children or property disputes.
In this case, you must submit the necessary package of documents to the court along with the application. Next, a hearing date is set. Typically, a meeting takes place 30 days after the application reaches the judge. It examines all documents, listens to the arguments of spouses and witnesses. At the same stage, questions about the division of joint property are considered, the place of actual residence of children is determined.
If the judge considers the arguments unconvincing, he can give time for reconciliation of the parties. After this time, the spouses are again invited to a meeting, during which, perhaps, a final decision will be made.
Please note that it will be valid only after 30 days. That is, you have the right to appeal if the decision does not satisfy you. After a month, you are officially considered a free person.
At what point is a marriage considered terminated?
This question will be very interesting for those who seek to legitimize relations with other people. For example, if you divorced through the registry office, then the time of termination of marriage is considered from the date of the decision in the registration book.
If you broke off relations through the court, then you will become free only after the court decision becomes valid. Keep in mind that you can re-marry only when you have a certificate of termination of previous family relationships.
What consequences await you?
So, now you need to figure out what will happen after you receive the long-awaited freedom. Naturally, there are legal consequences of ending a marriage:
- Between spouses all legal relationships are completely broken.Moreover, in their personal lives they can remain friends. There are some exceptions. For example, within 12 months after a divorce, a disabled spouse may receive support from her former half. In addition, the wife or husband has the right to keep the surname obtained after marriage. Although this issue does not apply to material.
- Termination of the legal regime of property. However, this occurs if the property acquired in the marriage was divided. Otherwise, the former spouses jointly own the property, and sometimes they require the permission of the husband or wife to dispose.
- After a divorce, you may lose some rights:
- You cannot inherit after your ex-spouse dies. In this case, everything goes to the children or members of his new family.
- After breaking the marriage, you will no longer have the opportunity to receive a pension in connection with the loss of a spouse.
It should be noted that no matter what rights you lose, parents must fulfill obligations regarding their children. There are more serious consequences of ending a marriage, especially if they are supported by a prenuptial agreement.
That's all. I wish you happiness!
