Divorce with a citizen of the Republic of Belarus can be a complex legal process—especially if one of the spouses lives abroad, there are common children, disputes over the division of property, or there is no mutual consent. The divorce procedure is regulated by the norms of the Code of the Republic of Belarus on Marriage and Family, as well as international treaties to which Belarus is a party. It is essential to consider that the divorce process can be initiated through the registry office or in court, depending on the specific circumstances.
In this article, we will examine in detail how a divorce with a Belarusian citizen occurs: what documents are required, where to apply, how long the procedure takes, and what difficulties you may encounter. We will also inform you of the steps to take if one of the spouses resides abroad or chooses not to participate in the process.
Is the consent of the second spouse required for a divorce from a citizen of Belarus
Divorcing a citizen of the Republic of Belarus does not always require the consent of the second spouse. Everything depends on the method of divorce and the circumstances of the case:
1. Divorce through the Civil Registry Office: consent is required
If both spouses agree to a divorce, have no common minor children, and no property disputes, it is possible to formalize the divorce through the registry office.
In this case, a mandatory condition will be the consent of both spouses and their joint application to the registry office.
2. Divorce through the court: consent is not required
If one of the spouses does not agree to a divorce, this does not prevent the dissolution of the marriage.
According to the legal norms governing marriage, the court can dissolve a marriage even in the absence of the second spouse’s consent if it determines that further cohabitation is impossible.
The court has the right to:
- Set a period for reconciliation (up to 3 months);
- Hold several sessions if there is a dispute about children or property;
- Decide to dissolve the marriage unilaterally if the other spouse refuses to appear in court or lives abroad and has provided written consent to the divorce.
3. What to do if your spouse doesn’t get in touch or is hiding
The applicant has the right to file for divorce without the participation of the second spouse.
If the defendant fails to appear in court and is properly notified, the court may try the case in absentia.
The court may also decide in the absence of the defendant if they live abroad and have been notified in the prescribed manner.
4. Summary
The consent of the second spouse is required only when divorcing through the registry office.
You can get a divorce through the court even without the consent of your spouse, including if he/she evades or disagrees. In court, a divorce typically takes between 3 and 9 months from the date of filing.
Options for divorce
In the Republic of Belarus, divorce is possible in two ways: through the Civil Registry Office or the courts. The choice of option depends on the specific circumstances, including the presence of consent between spouses, minor children, property, or other disputes. To understand which option to use, we recommend consulting our lawyer on family and divorce matters.
Features of divorce through the civil registry office
It takes 1 to 2 months to get a divorce at the registry office.
Divorce through the Civil Registry Office is only possible in a simplified manner and subject to the following conditions:
- The spouses do not have any common minor children;
- Both agree to divorce;
- There are no disputes over property;
- Both spouses are competent and ready to apply in person.
When at least one of these conditions is not met, divorce is formalized exclusively through the courts.
It should be taken into account that in Belarus, divorce through the registry office is possible only with the personal appearance of both spouses. In the absence of a spouse, divorce at the registry office is not permitted. If one of the spouses lives abroad and cannot come or refuses to participate in the procedure, the marriage can only be dissolved through the court.
To apply for divorce, you must contact the registry office at the place of residence of one of the spouses. Both spouses file a joint application, attaching their identity documents, a marriage certificate, and confirmation of payment of the state fee.
State duty for divorce at the registry office
In 2025, the amount of the state duty is one basic unit from each spouse. Taking into account the basic unit of 42 rubles established from January 1, 2025, you need to pay 4 basic units—168 rubles.
Divorce through court
If the spouses have minor children, property disputes, or one of the spouses does not agree to the divorce, the marriage can only be dissolved in court.
A claim for divorce is filed with the court at the defendant’s place of residence. However, if the plaintiff (the spouse who decides to file for divorce) lives with a minor child or is unable to leave due to health reasons, he or she can file a claim with the court at his or her place of residence.
To apply to the court, you must prepare a statement of claim, attach a marriage certificate, documents confirming the presence of common children, copies of identity documents of the parties, as well as a receipt for payment of the state fee.
If the defendant does not appear in court but has been duly notified, the case may be heard in absentia. In this case, the court has the right to set a period of up to three months for the reconciliation of the spouses if it sees a possibility of preserving the marriage.
The judicial procedure also applies if one of the spouses lives abroad, evades divorce, or refuses to apply through the registry office.
State fee for divorce in court
In 2025, the state fee for filing a claim is:
- 4 basic units upon dissolution of the first marriage—168 rubles;
- 8 basic units for the dissolution of repeated marriages—336 rubles;
- 1 basic unit in case of divorce from a person who has been sentenced to imprisonment for at least three years, or has been declared missing or incapacitated.
The fee is paid by the plaintiff when filing a lawsuit or claim.
What to do if your spouse doesn’t get in touch, is hiding, or is abroad
In practice, situations often arise when one of the spouses is outside Belarus, avoids communication, does not get in touch, or their whereabouts are unknown. In such cases, divorce is still possible through the court, even without the personal participation of the second spouse.
Divorce without the consent and participation of the second spouse
If a spouse does not respond to attempts to contact, hides, or does not wish to participate in the dissolution of the marriage, the other spouse has the right to file a claim in court independently. In this case, the consent of the other spouse is not required; it is sufficient to prove that further preservation of the marriage is impossible.
The court will not refuse to consider the claim due to a lack of contact between the parties if the plaintiff has taken steps to establish contact with the defendant and correctly indicated their last known place of residence. When there is a possibility that the divorce needs to be formalized through the court, we recommend contacting our experienced family lawyer.
Trial in absentia
According to the legal norms of Belarus, if the defendant is notified of the court hearing date but fails to appear in court, the case can be considered in absentia. The defendant must be properly notified.
Proper notice means sending a subpoena to the defendant’s last known address of residence or delivering the subpoena to their representative. If necessary, the court may request data from the population register, internal affairs agencies, the border service, or other sources.
If the court is satisfied that the defendant has been notified but refuses to participate, it may decide in their absence. Such a decision has the same legal force as a court decision and is subject to execution.
Divorce from a spouse who is abroad
If the second spouse is a citizen of the Republic of Belarus but lives outside the country, it is possible to dissolve the marriage in a Belarusian court. This is a typical situation when one of the spouses has left for permanent or temporary residence abroad, does not communicate, or refuses to participate in the dissolution of the marriage. The legal norms of Belarus permit divorce in this case, subject to certain formalities.
Which court is hearing the case?
According to legal norms, if the defendant permanently resides abroad, the divorce claim may be filed at the plaintiff’s place of residence in Belarus. This rule allows for the protection of the interests of the spouse who remains in the country.
Condition: the plaintiff must have Belarusian citizenship or permanent residence in the territory of the Republic of Belarus. It is also important that the marriage was concluded in Belarus or recognized by the Belarusian state.
How the court notifies the defendant
The court may notify the defendant in one or more ways:
- Through diplomatic missions (embassy or consulate of the Republic of Belarus in the country of residence of the defendant);
- By international registered mail (if the exact address is known);
- Using electronic means of communication, when the defendant’s contact information is available;
- By publishing an announcement if the defendant’s location is not precisely established (in rare cases and only by court order).
Suppose the court is convinced that, despite the measures taken to notify the defendant, he still does not appear at the hearing. In that case, the case is considered, and a decision on divorce is made without the defendant’s participation.
Execution of the decision
The decision of the Belarusian court on divorce comes into legal force according to general rules—after the expiration of the period for appeal. It does not matter that the second spouse is abroad; the court decision will be valid in the territory of Belarus, regardless of where the defendant lives.
If the plaintiff needs to register a divorce with the authorities of another state, legalization of the decision of the Belarusian court may be required (for example, affixing an apostille or undergoing the consular legalization procedure, depending on the country).
Divorce of a foreign citizen from a citizen of Belarus
If a marriage is concluded between a foreign citizen and a citizen of the Republic of Belarus, and the initiative for divorce comes from the foreign party, the divorce procedure depends on several factors: where the spouses live, where the marriage was registered, and where the divorce is expected.
Possibility of divorce in Belarus
A foreign citizen has the right to file a lawsuit for divorce from a Belarusian citizen in a Belarusian court if there is a stable connection between the marriage and the territory of Belarus. This is possible when:
- The spouse is a citizen of Belarus;
- The marriage was concluded on the territory of Belarus;
- One of the spouses lives in Belarus;
- There are property, family, or other interests related to Belarus.
In such cases, divorce is possible in accordance with the general rules established in Belarus, even in the absence of consent from the second spouse or the impossibility of their participation in the process. To understand the procedure for divorce involving a citizen of Belarus, we recommend consulting with our family lawyer.
Jurisdiction and procedure for filing a claim
If the spouse is a citizen of Belarus and resides in the country, the claim is filed in the court at their place of residence. If he lives abroad, and the foreigner lives in Belarus, the claim is filed at the place of residence of the plaintiff.
If both spouses live abroad, but at least one of them is a citizen of Belarus or the marriage was concluded in Belarus, the court may accept the case for consideration—especially if there are property disputes, children, or the need to regulate the legal status in the Republic of Belarus.
Conclusion
In the Republic of Belarus, there are two main ways to terminate a marriage: through the civil registry office, if there is consent and no minor children, or through the court in other cases, including situations where the spouse does not communicate, is in hiding, or lives abroad.
Belarusian legislation provides the opportunity to dissolve a marriage even in the case of a unilateral appeal to the court, including claims filed by both Belarusian citizens and foreigners. It is essential to accurately determine jurisdiction, collect the necessary documents, and ensure proper notification of the second spouse. If contact is impossible, the court has the right to consider the case in absentia.
In complex cases—international circumstances, property disputes, the presence of children, or lack of communication with the second spouse—the help of a family lawyer can significantly simplify the process and save you time. The lawyer will prepare the necessary documents, provide procedural protection, and accompany you at all stages.
If you are planning a divorce from a citizen of Belarus, seek advice from AMBY Legal lawyers. We will determine the optimal procedure for divorce, prepare a statement of claim, and provide professional support for the case in court—regardless of whether the second spouse is abroad or refuses to make contact.
Contact us
If you have any questions related to divorcing a citizen of Belarus, we will be happy to help! Our long-term experience will help you choose a lawyer to represent your interests.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
