To resolve issues of divorce with a foreign citizen, legal assistance is often required, since there are features that depend on which state the foreign citizen lives in, whether the spouses have common children, disputes about their residence, about the division of property. In the Republic of Belarus, it is possible to issue a divorce when the marriage is concluded with a foreign citizen who has a permanent residence permit in the Republic of Belarus and in some cases — when the marriage is concluded with a foreign citizen who does not have such a permit. Let’s consider what are the features of the dissolution of marriage in each of these cases.
How to get a divorce when the spouse of a foreign citizen has a permanent residence permit in the Republic of Belarus
In this case, the divorce is executed in the same way as in the case when the marriage was concluded between citizens of the Republic of Belarus (part 1 of Article 231 of the CMF). A permanent residence permit is a document issued by a state body to a foreign citizen upon his application:
- a diplomatic or consular institution of the Republic of Belarus in the state of residence of a foreign citizen — when he is outside the Republic of Belarus,
- the Citizenship and Migration Division of the Department of Internal Affairs at the place of the alleged permanent residence of a foreign citizen in the Republic of Belarus — when he temporarily stays or temporarily resides in the Republic of Belarus.
A permanent residence permit gives a foreigner the right to permanently reside in the Republic of Belarus.
The procedure for the dissolution of marriage with a foreign citizen in this case depends on whether the couple has minor children and a dispute about the division of property.
Option 1: Uncontested Divorce
The spouses do not have minor children and a dispute about the division of property, the spouses agree to terminate the marriage
In this case, in order to get a divorce, the spouses need to jointly contact the registry office at the place of residence or the place of residence of one of the spouses. The place of residence of a foreign citizen who has a permanent residence permit in the Republic of Belarus is indicated in this permit. You need to bring a package of documents to the registry office:
- joint statement of the spouses on the dissolution of marriage. When one of the spouses cannot be present at the registry office when submitting an application, it is necessary to certify the authenticity of the signature of this spouse with a notary in advance,
- passports or other documents that prove the identity of the spouses,
- marriage certificate,
- a document confirming the payment of the state fee to the budget of the Republic of Belarus. The amount of the state fee for the dissolution of marriage in the registry office is 4 basic values. As of September 2023, this is 148 Belarusian rubles, or about 46 US dollars or 42 euros.
When the state fee is paid through the ERIP, then you do not need to bring a document confirming the payment to the registry office. A screenshot on the device through which the state fee was paid or a receipt where the operation number in the ERIP is visible will do. Usually this number is indicated in the application for divorce to confirm payment of the fee.
The registry office employee agrees with the spouses on the day when the divorce will be issued. This day is appointed no later than two months from the date of submission of the application and no earlier than one month. When one of the spouses knows in advance that he will not be able to come to the registry office on the appointed day, he needs to file an application for divorce in his absence.
Option 2: Contested Divorce
The spouses have minor children or one of the spouses does not agree to divorce, or there is a dispute about property, even when there are no minor children and both spouses agree to divorce
For the dissolution of the marriage, the spouse who wants a divorce sends a statement of claim for the dissolution of the marriage to the court. Submit such an application as a general rule to the court at the place of residence of the defendant. In this case, the defendant is the second spouse. There are some exceptions to the general rule. In particular, a statement of claim for divorce can be filed with the court at the plaintiff’s place of residence (the plaintiff is the author of the statement of claim and the initiator of the divorce) when:
- minor children of the spouses live with the plaintiff,
- poor health makes it difficult to get to court at the defendant’s place of residence,
- the court recognized the defendant as missing, incapacitated, or sentenced to imprisonment for a term of at least three years.
When the plaintiff does not know the place of residence of the second spouse or he does not have a permanent place of residence, divorce documents can be filed with the court at the place where the defendant’s property is located or at his last known place of residence.
The content of the statement of claim for divorce must comply with the requirements of the Belarusian legislation (Articles 109, 243 of the Civil Procedure Code). In such a statement of claim, they indicate, in particular:
- The name of the court to which the claim is filed.
- The place of residence of the applicant and the second spouse, their contact numbers.
- When and where was the marriage registered.
- The first or second marriage of each of the spouses.
- The number and age of the spouses’ common children.
- The demand to dissolve the marriage and the motives that confirm the disintegration of the family.
- If necessary, they write a demand for the recovery of alimony. For example, when minor children remain with the spouse who filed the claim.
- The requirement to assign a premarital surname can be written when the spouse’s surname was adopted at the time of marriage and there is a desire to return the former surname.
- Other legal requirements. For example, the requirement for the division of joint property.
Execution of a statement of claim for divorce
Samples of statements of claim can usually be found in court in a place for visitors.
A package of documents is attached to the statement of claim for divorce:
- A copy of the statement of claim for the defendant — the second spouse.
- The original of the marriage certificate.
- Copies of birth certificates of children (child).
- A copy of the marriage contract, if it was concluded.
- When there is a claim for alimony recovery in the statement of claim, we recommend attaching documents on earnings and other income of the spouses.
- Other documents that confirm the requirements that are spelled out in the statement of claim.
- Document on payment of the state fee. When this is the first divorce from the plaintiff, the state fee is 4 basic values. When the second and subsequent marriage is dissolved, the state fee is 8 basic units. This is 296 Belarusian rubles, or about 92 US dollars or 84 euros, as of September 2023.
If there are claims in the statement of claim for the division of the property of the spouses, then you additionally need to pay a state fee of 5% of the amount of the claim. The amount of the claim is the value of the property, for example, an apartment or a car. The state fee for the division of property may not be less than 2 basic units. To calculate the amount of the state fee, not the full value of the property is taken, but the value of the part claimed by the plaintiff. For example, when one spouse wants to own half of an apartment shared with the other spouse worth conditionally 50,000 euros, 25,000 euros is taken to calculate the amount of the state fee — half of the cost of the apartment.
Consideration of the divorce case by the court
After accepting the statement of claim for divorce, the court gives the spouses three months to reconcile, reach an agreement on children and the division of property and recommends contacting a mediator. A mediator is a person who participates in negotiations between the parties to a case to help resolve a dispute without a trial. The court will begin to consider the divorce case only three months after the filing of the claim. Based on the results of the review, the judge may decide on the dissolution of the marriage or appoint an additional period for reconciliation within six months. The judge terminates the marriage when the further joint life of the spouses and the preservation of the family have become impossible. This can be confirmed, for example, by one of the spouses actually residing with another person and having their common children.
The court’s decision on divorce does not enter into force immediately, but 15 days after the court’s decision. To get a copy of such a court decision, you need to contact the court that issued it. In order for the court to issue a copy of the court decision, you need to pay a state fee. In the decision on the dissolution of marriage, the court indicates the amount of the state fee and which of the spouses should pay it. These are 2 basic values for a copy of the court decision on the dissolution of the first marriage, 3 basic values — for a copy of the court decision on the dissolution of remarriage.
In the case of a difficult property situation of the former spouses, they can file an application to the court for exemption from payment of the state fee and the court can grant such an application.
How to get a divorce when a foreign spouse does not have a permanent residence permit in the Republic of Belarus
When a foreign spouse lives outside the Republic of Belarus, in some cases it is possible to file for divorce in a Belarusian court. This becomes possible when the Republic of Belarus has concluded an international agreement with the foreign citizen’s residing state. For example, the Minsk (1993) and Chisinau (2002) Conventions on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases. These conventions enable the Belarusian courts to terminate the marriage at the place of residence of the plaintiff.
When the State in which the foreign citizen resides is a party to one of these conventions, the plaintiff residing in the Republic of Belarus may file a claim for divorce with the court at his place of residence, and the Belarusian court has the right to terminate this marriage. In other cases, to terminate a marriage with a foreign citizen, you need to contact the state authorities of the country of which he is a citizen.
Exceptions exist in which the Belarusian court handles the divorce case: when the plaintiff, a Belarusian citizen, has minor children residing with them or when the plaintiff, due to poor health, cannot appear in the court located in the defendant’s place of residence, a foreign citizen.
When the property of a foreign citizen residing in another state is located in the Republic of Belarus, it is possible to file a claim for divorce in the Belarusian court at the location of such property.
A citizen of the Republic of Belarus who lives abroad has the right to issue a divorce with a spouse who is a foreign citizen in a Belarusian court.
How we can be useful in the dissolution of a marriage with a foreign citizen
Our lawyers and attorneys are experienced specialists in matters related to the dissolution of marriage and speak English. We can:
- Advise you on the issues of registration of divorce.
- Make an application to the court for the dissolution of marriage, including the division of property, the order of communication with the child (children), etc.
- Represent your interests in a court hearing.
Contact us
If you have any questions or disputes during the dissolution of marriage with a foreign citizen — we will be happy to help you! Our long-term experience in the field of family law and judicial representation will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
