Family is the foundation of society, and marriage is considered one of the most critical stages in a person’s life. However, family relationships do not continually develop as desired, and in some cases, divorce becomes the only way out of the current situation.
Divorce is a legal procedure for terminating a marriage. It entails a formal break in relations between spouses and many legal, financial, and emotional consequences. Division of property, alimony obligations, and determination of children’s place of residence—all these issues require a careful and competent approach.
From a legal point of view, divorce is not just the termination of life together but a process regulated by the norms of family and civil law. Depending on the circumstances, a divorce can be formalized in the registry office or through the court, and in the case of disputes over children, property, and alimony, the trial can be lengthy and difficult.
In this article, we will analyze a family from a legal point of view, explaining what grounds can lead to divorce, how the divorce procedure works in Belarus, and the consequences for spouses and their children. We will also tell you how to protect your rights with the help of experienced lawyers.
What is a family from the point of view of the state?
From the state’s point of view, a family is not only a union of two people but also a social institution regulated by legal norms. The state establishes certain norms determining who is considered a family, what rights and obligations arise for its members, and what forms of family relations are officially recognized.
Is state registration of marriage mandatory for recognizing a family?
According to the Code of the Republic of Belarus on Marriage and Family, a union officially registered through state registration of marriage in the civil registry office (registration of acts of civil status) is legally recognized as a full-fledged family. This protects spouses and establishes their mutual rights and obligations, including property, parental, and inheritance.
However, living together without state marriage registration (the so-called “civil marriage” or de facto marital relations) can also be recognized as a family in some instances. For example, if people live together, run a typical household, and raise children, they can be recognized as a family within social, housing, or inheritance legal relations.
How do you confirm a family without registering a marriage?
Suppose the marriage is not officially registered, but the couple lives together and runs a typical household. In that case, the fact of the family’s existence can be confirmed by the following circumstances:
The presence of common children (birth certificates indicating both parents)
Joint ownership of real estate or other property
Joint financial obligations (for example, loans issued to both partners when one ensures repayment)
Witness testimony that confirms cohabitation and housekeeping
However, it is essential to understand that the absence of an official marriage significantly complicates protecting one of the partners’ rights in the division of property or in the event of inheritance disputes since the court considers evidence of family relations in conjunction with other evidence.
What types of families are there in Belarus?
Families may differ in composition, legal status, and the nature of the relationships between their members. There are several main types of families in Belarus:
1. A complete family comprises spouses and children (natural or adopted). Such a union is usually officially registered
2. An incomplete family is one in which one of the parents raises a child (children) on his/her own. This may be due to divorce, the death of one of the parents, or the initial birth of a child out of wedlock
3. A de facto family (civil marriage) is a couple living together without registering their relationship but running a joint household and raising children
4. A large family is one in which three or more minor children are raised, including adopted children. In Belarus, such families are provided with special state benefits and support
5. Foster family – a family that raises children placed under guardianship or adopted
6. Guardianship family is where adults act as guardians or trustees for minor children without parental care.
Thus, a family in Belarus can exist in various forms, but only an official marriage provides spouses with complete legal protection. De facto cohabitation can also be recognized as a family in several cases, but its legal status remains less specific.
What is a divorce?
Divorce is a legal process of ending a marriage between spouses. As a result of divorce, all mutual rights and obligations between partners established in marriage are terminated. Divorce is an official confirmation of the breakdown of family relations and comes into force only after it is registered with the civil registry office or decided in court. There can be no talk of an official divorce in families where the marriage is not officially registered.
Divorce issues (officially called “dissolution of marriage”), including property division, child raising, and others, are regulated, particularly by the Code on Marriage and Family and the Civil Code of Belarus.
Grounds for divorce in Belarus
You can get a divorce on several grounds that must be indicated in the application for divorce:
1. Mutual consent of the spouses – if both spouses agree to a divorce and do not have common minor children, the procedure takes place in the civil registry office without needing a trial. This is the easiest and fastest way to dissolve a marriage.
2. Disagreement of one of the spouses—If one of the spouses does not agree to a divorce, the procedure requires going to court. The court will decide on a divorce if it is determined that preserving the family is impossible. In this case, the court may take into account such factors as the actual separate residence of the spouses, the absence of a common household, a long-term violation of family responsibilities, and other circumstances.
3. The presence of minor children—If the couple has common minor children, divorce is possible only through the court, even if both spouses agree. The court must determine with whom the children will live and what conditions will be established for communication with the other parent.
4. Absence of a spouse (declaration of being missing)—If one of the spouses has disappeared or not been heard for a long time, the court may recognize his absence as a fact for divorce.
5. Recognition of marriage as invalid – the court may recognize it as invalid if the marriage was concluded in violation of the law (for example, with a person in another marriage or a minor).
How does a divorce happen?
The divorce process in Belarus depends on whether the spouses agree to it and whether they have minor children. The state fee for the first divorce is four basic units (168 rubles). For the second and subsequent divorces, it is 8 basic units (336 rubles). The state fee must be paid through the registry office and the court.
1. Divorce by mutual consent (in the registry office)
If the spouses have agreed to divorce and do not have minor children, they can apply with the registry office at the place of residence of one of them.
1. The spouses apply for divorce and a marriage certificate with the registry office.
2. After applying, you must wait 30 days to decide. Maximum – 2 months.
3. After this period, the registry office dissolves the marriage. A stamp on the divorce is put in the passports of the former spouses (or one when the other spouse was not present).
2. Divorce through the court
If one of the spouses does not agree to the divorce or they have minor children, the divorce takes place only through the court. The trial includes several stages:
Preparation and filing of a claim in court (the applicant pays court costs).
A court hearing considers the circumstances of a divorce and issues of property division, alimony, and the place of residence of children.
If the court agrees to the divorce, it decides, which may include an order on the upbringing of children, alimony, and division of property.
It is important to note that the court can postpone the divorce for up to 3 months if there are children under 18 to reconcile the spouses. The maximum period that the court can grant for reconciliation is 6 months.
You can contact an experienced lawyer to prepare a statement of claim and represent your interests in court.
Consequences of divorce for the family
Divorce has various consequences for all family members, especially if there are minor children or significant property in the marriage. Here are some of them:
1. Division of property
In a divorce, spouses can divide all jointly acquired property. The main principle of division is the principle of equality of shares. But when dividing, the interests of minor children are taken into account. However, if one of the parties proves that the property was acquired exclusively with their funds, the court may recognize it as private property. This applies to real estate and other assets like vehicles, bank accounts, and other property.
2. Child-rearing issues
It is also important to decide with whom the children will live in a divorce. As a rule, the court seeks to maintain stability for the child, and in most cases, it is determined that the child will live with the mother. However, exceptions are possible if there is evidence that this is not in the child’s interests. The court can also determine the procedure for communicating with the other parent and the amount of alimony the parent with whom the children do not live must pay.
3. Alimony
After a divorce, one of the parents may be obliged to pay alimony to maintain minor children. The amount of alimony is usually 1/4 of the income for one child, but it can be changed depending on the parent’s financial capabilities, other obligations, or the child’s needs.
4. Change of surname
After a divorce, one of the spouses can return to his previous surname if the marriage was concluded with a change of surname. To do this, you need to apply to the registry office.
5. Psychological consequences
Divorce has significant psychological consequences for both spouses and children. Emotional trauma, stress, loss of stability – all this can affect the personal lives of former spouses and relationships with children. Parents must minimize these consequences for children during a divorce, maintaining their psycho-emotional health.
Conclusion
Divorce is a legal and essential social process that affects all family members. It is important to understand that divorce, especially if there are children, requires a careful approach to solving issues related to their upbringing, alimony, and division of property. For the divorce to take place with minimal losses and consequences, it is recommended to consult an experienced lawyer who will help you correctly draw up all the documents and protect your interests.
Contact us
If you have any questions or disputes regarding the divorce process, we will be happy to help! Our lawyers are ready to provide comprehensive advice and support when opening a bank account and resolving any related issues.
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