The issue of obtaining a divorce from a citizen of Belarus requires legal assistance, as it has its own peculiarities. The specifics are related, in particular, to whether the spouses have joint children under 18, joint property, debts and disputes over the division of property and debts, in which state the foreign spouse lives. A foreign citizen can file for divorce both in the Republic of Belarus and in the state where he permanently resides.
How to get a divorce when 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. 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 Unit 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 at the address specified in this document.
The procedure for the dissolution of marriage in this case depends on whether the couple has minor children and a dispute about the division of property.
Option 1. 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 contact the registry office together at the place of residence of the spouses. You need to bring a package of documents to the registry office:
- the general 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,
- passport or other documents that confirm the identity of the spouses in advance at the notary,
- marriage certificate. When the certificate is issued in another state, it must be translated and certified by a notary, as well as legalize or apostille a document that confirms 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. 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 marriage, a foreign citizen who wants a divorce sends a statement of claim for the dissolution of marriage to the court. Submit such an application, as a general rule, to the court at the place of residence of 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 place of residence of the plaintiff — a foreign citizen (the plaintiff is the author of the statement of claim and the initiator of the divorce), when:
- minor children of the spouses live with him,
- poor health makes it difficult to get to court at the place of residence of some spouse (in the statement of claim he is called “the defendant”),
- the court recognized the defendant as missing, incapacitated or sentenced to imprisonment for at least three years.
When the place of residence of the second spouse is unknown or he does not have a permanent place of residence, divorce documents can be filed in court at the place where the property of this spouse is located or at the last known place of his residence.
The content of the statement of claim for divorce must comply with the requirements of the Belarusian legislation. 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 foreign citizen who files the claim, and the second spouse, their contact numbers,
- when and where the marriage was registered,
- the first or remarriage of each of the spouses,
- the number and age of the common children of the spouses,
- the requirement to terminate the marriage and arguments that confirm the breakup families,
- if necessary, they write a claim for the recovery of alimony. For example, when minor children remain with a foreign citizen — the applicant of the claim,
- the requirement for the assignment of 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 in Belarus
In the place for receiving visitors to the court, there are usually samples of statements of claim.
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, which are spelled out in the statement of claim. For example, copies of certificates of ownership of real estate acquired during marriage in the name of the spouse,
- document on payment of the state fee. When this is the first divorce from a foreign citizen, 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 a foreign citizen. For example, when he wants to own half of an apartment shared with his 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 in Belarus
After the adoption of 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 three months after the filing of the claim. Based on the results of the review, the judge may decide on a divorce or appoint an additional period for reconciliation within six months.
The judge makes a decision on divorce when it was confirmed in court that the further joint life of the spouses and the preservation of the family became impossible. This can be confirmed, for example, by the actual residence of one of the spouses with another person and the presence of children together.
The court’s decision on divorce does not enter into legal force immediately, but 15 days after the adoption by the court. How to get a copy of such a solution:
- Apply to the court that made the decision and write a statement, pay the 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 citizen lives outside the Republic of Belarus
When a foreign citizen lives outside the Republic of Belarus, in some cases it is possible to file a divorce with a citizen of the Republic of Belarus in a court or other state body at the place of residence of a foreign citizen. In this case, it is necessary to act according to the legislation of the state of residence of the foreigner. For example, a citizen of the Russian Federation can file for divorce with a spouse who is a citizen of the Republic of Belarus in court or in the Registry Office of the Russian Federation.
When an international agreement has been concluded between the Republic of Belarus and the State where the foreign citizen is located, for example, the Minsk (1993) and Chisinau (2002) Conventions on Legal Assistance and Legal Relations in civil, family and criminal cases, then, as a general rule, it is necessary to apply to the court at the place of residence of the second spouse. To do this, you can sign a contract with a lawyer and not come personally to the Republic of Belarus. If a foreign citizen brings up minor children, joint with the second spouse or cannot come for health reasons, then he can apply to the court of his country for divorce.
When a marriage is concluded in a state with which the Republic of Belarus does not have an international agreement on legal assistance, and divorce is impossible in the state of residence of a foreign citizen, a notarized translation of the marriage certificate, its apostille or legalization will be required to apply to the Belarusian court for divorce. In this case, a lawyer may represent the interests of a foreign citizen in court.
How we can be useful in the dissolution of a marriage with a citizen of Belarus
Our lawyers and advocates are experienced specialists in matters of divorce and speak English. We can represent your interests by a power of attorney. 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 citizen of Belarus — 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.
