Expert legal services for divorce from a Belarusian citizen, navigating international laws and agreements

Divorce Lawyer

A divorce lawyer specializing in international cases involving Belarusian citizens can guide you through the complexities of cross-border divorce. Whether you’re dealing with issues related to property division, child custody, or alimony, an experienced attorney will ensure your rights are protected. They are well-versed in Belarusian family law and international treaties, providing you with tailored legal solutions for a smooth and efficient divorce process, regardless of where the other party resides. Trust an expert to navigate these challenges.

How to get a divorce when a foreign citizen has a permanent residence permit in 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.

The spouses agree to terminate the marriage

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.

The spouses have a dispute

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.

What to indicate in the statement of claim?

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.

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.

Our Services

Marriage Dissolution Counseling

We provide expert guidance on the legal steps and emotional aspects of marriage dissolution, ensuring you understand your rights and options.

Resolving Disputes with the Other Party

Our legal team helps resolve conflicts with the other party, facilitating negotiations and finding fair solutions outside of court.

Document Preparation for Court Filing

We assist in the collection and preparation of all necessary documents, ensuring accuracy and compliance with court requirements.

Court Representation as Proxy

We represent you in court as a trusted proxy, handling legal proceedings on your behalf with full authority.

Motions and Evidence Preparation

Our services include preparing and filing motions, as well as gathering evidence to strengthen your case in court.

Rights Protection for Trustees

We defend the rights of trustees, ensuring that their interests are safeguarded throughout the legal process.

Property Valuation Assistance

We help assess the value of joint property between spouses, ensuring a fair division based on accurate evaluations.

Appealing Court Decisions

If you’re dissatisfied with a court ruling, we provide legal support to appeal decisions and seek a favorable outcome.

Essential Elements of a Divorce Petition Under Belarusian Law

Court Information

The petition must specify the court where it is filed, ensuring proper jurisdiction and legal processing of the case.

Spouse Residence and Contact Details

Include the addresses and contact phone numbers of both spouses, ensuring clear identification of all parties involved in the divorce.

Marriage Registration Details

The petition should state the date and location where the marriage was registered, providing a clear record of the union.

Marital History

Specify if the marriage is the first or second for either spouse, which may impact the case’s legal considerations.

Children’s Information

List the number and ages of any children shared by the spouses, as this is important for custody and support decisions.

Marriage Breakdown and Dissolution Request

Request the divorce and provide evidence or reasons supporting the claim that the marriage has irreparably broken down.

Alimony Claim

If applicable, include a request for alimony, especially if minor children are involved or if one spouse requires financial support.

Premarital Surname Request

If desired, request the restoration of a former surname, especially if the spouse adopted the other’s surname during the marriage.

Joint Property Division

If necessary, include a claim for the division of joint property, outlining the distribution of assets between the spouses.

The main reasons for the marriage breakup

Abuse of Alcoholic Beverages

One spouse’s chronic abuse of alcohol can lead to a breakdown in the marriage, creating an unsafe or unhealthy environment, and often leading to emotional or physical harm.

Family and Domestic Conflicts

Frequent arguments, disagreements, and unresolved issues within the household can erode the relationship over time, leaving both spouses emotionally drained and disconnected.

Lack of Common Interests

When spouses no longer share common hobbies, goals, or interests, it can result in emotional distance, making it difficult to maintain a strong and fulfilling connection.

Irreconcilable Contradictions

Deep-rooted, unresolved differences in values, beliefs, or personal goals can create an impassable divide, leading to constant tension and an inability to find common ground.

Incompatibility of Views on Future Life

When spouses have fundamentally different visions for their future—whether regarding career, children, or lifestyle—this disconnect can lead to frustration and an eventual separation.

Conflict of Temperaments or Characters

Clashing personalities and temperaments can create a toxic atmosphere, making it difficult for the spouses to communicate effectively or resolve issues in a healthy manner.

Loss of Feelings

The gradual fading of emotional connection or affection between spouses can lead to the dissolution of the marriage, as love and respect are fundamental to maintaining a strong relationship.

Other Services

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Determination of the Child’s Place of Residence

When parents are separated or divorced, determining the child’s place of residence becomes crucial for their well-being. Our legal team assists in establishing the child’s primary residence, taking into account factors like the child’s emotional needs, the stability of each household, and the ability of each parent to provide care. We work to ensure that the child’s best interests are prioritized, whether through mediation or court proceedings, and that the final arrangement is fair and legally sound, creating a stable environment for the child.

Determination of Other Order of Departure of the Child

When a child needs to travel abroad, it is essential to determine the legal procedure for obtaining the necessary permissions. We assist in establishing the conditions under which a child can leave the country, ensuring that both parents are involved in the decision-making process and that the child’s safety and welfare are secured. Whether the departure is for a vacation, a long-term move, or other purposes, we help navigate the legal complexities and ensure compliance with local and international laws, providing peace of mind for all parties.

Deprivation of Parental Rights

In situations where one parent is unfit to care for their child, we provide expert legal assistance to initiate the process of parental rights deprivation. This legal action may be taken in cases of abuse, neglect, or severe inability to provide proper care. Our legal team ensures that all procedures are followed carefully to protect the child’s best interests, providing the necessary support to those seeking to safeguard children from harm. We approach this sensitive matter with compassion and a focus on the child’s safety and future.

Agreement on Children

When parents separate, creating an agreement on child custody and visitation is crucial to ensure that the child’s best interests are met. We facilitate the negotiation of agreements regarding custody, visitation rights, and parental responsibilities, working to ensure that both parents can maintain a relationship with the child while meeting their respective responsibilities. Our legal team helps draft fair and clear agreements, addressing aspects such as schooling, health care, and living arrangements. We aim to create a balanced approach that serves the child’s needs and provides stability.

Restoration of parental rights

When parental rights have been revoked, we provide legal support to restore them. In cases where parents have shown significant improvement in their ability to care for their children, our legal team helps navigate the process of regaining parental rights. We guide you through the necessary steps, such as proving rehabilitation, demonstrating that the parent can provide a stable environment, and meeting all legal criteria. Restoration of parental rights can offer a second chance for families to reunite and rebuild relationships in the best interest of the child.

Guardianship and Custody

Establishing guardianship or custody is often a complex legal process that requires careful consideration of the child’s needs. We provide comprehensive services to determine guardianship or custody arrangements, ensuring that the child is placed in a safe, stable, and nurturing environment. Whether it involves a biological parent, a relative, or a third party, we assist in securing legal guardianship or custody rights and ensure that the child’s best interests are prioritized. Our goal is to ensure the child’s emotional and physical needs are fully met by the chosen guardian or custodian.

Adoption in Belarus

Adopting a child in Belarus is a legally involved process that requires a thorough understanding of local laws and procedures. Our team offers expert legal guidance throughout the adoption journey, from completing required paperwork to undergoing home studies and attending court hearings. We assist both local and international parents in navigating the adoption process, ensuring that all legal requirements are met and that the adoption is final and legally binding. Our services are designed to make the adoption process smoother, transparent, and stress-free, ensuring the child’s welfare is always the top priority.

Restriction of Parental Rights

In certain cases, a parent may be unable or unwilling to fulfill their parental responsibilities. When this occurs, we assist in legally restricting their parental rights to protect the child’s well-being. This restriction could be temporary or permanent, depending on the circumstances, such as instances of neglect, abuse, or abandonment. Our legal team carefully assesses each situation and works to ensure that the child’s safety and emotional health are the focus of the decision. We help facilitate the legal process for restriction of parental rights with the child’s best interests at heart.

Challenging the Record of Parents

In some cases, parents may find that their parental status has been recorded incorrectly or unfairly. We provide legal support to challenge and amend parental records, ensuring that all documents accurately reflect the parents’ rights and obligations. This process is especially important when errors in records could affect custody, visitation, or child support. Our legal team works diligently to address inaccuracies and ensure that parental records are corrected to reflect the true legal situation, ensuring fair treatment for both parents and children moving forward.

Alimony Collection

Our legal team assists clients in enforcing alimony orders and ensuring that financial support is provided according to the court’s decision. Whether you are the recipient or the payer of alimony, we offer practical solutions for the collection of payments. Our services include contacting the payer, filing enforcement actions, and pursuing legal measures if payments are not being made. We understand that alimony is essential for supporting children and former spouses, and we work to make sure that payments are made promptly and in accordance with the terms set forth by the court.

Collection of Alimony from a Foreign Citizen

When one spouse or parent resides in another country, collecting alimony can be challenging. Our legal services assist in securing alimony payments from foreign citizens, navigating international treaties and legal agreements to ensure compliance with alimony obligations. We handle the complexities of cross-border enforcement, ensuring that your rights to financial support are upheld, regardless of the payer’s location. Whether through diplomatic channels, international courts, or local legal proceedings, we work to ensure that alimony payments are collected in a timely and efficient manner, protecting your financial interests.

Changing the Amount of Alimony

If there has been a significant change in financial circumstances or the needs of the recipient or children, it may be necessary to modify the amount of alimony. We help clients petition the court to adjust the alimony payments, whether that means increasing or decreasing the amount based on new circumstances. Our legal team assists in gathering the necessary evidence and presenting a case to the court to ensure that the new alimony amount reflects the current financial reality of both parties involved. We work to ensure fairness and financial stability for all parties.

Why Us

Personal Approach

We believe every case is unique, offering personalized legal strategies that focus on your specific needs, ensuring a tailored and compassionate approach from start to finish.

Experienced Family Lawyers

Our team consists of highly skilled family law professionals who bring years of expertise in handling sensitive cases, providing you with trusted legal guidance and representation.

Cross Industry Experience

Our broad experience across various sectors allows us to approach family law challenges from a unique angle, applying innovative solutions that address all aspects of your case.

We Speak Your Language

We break down complex legal jargon into straightforward, easy-to-understand language, ensuring you’re fully informed and comfortable with every step of the process.

Getting Results

Focused on achieving your goals, we work tirelessly to deliver practical results, leveraging our legal expertise to navigate challenges and secure the best possible outcome for you.

International Experience

With expertise in handling international family law matters, we skillfully navigate the complexities of cross-border issues, providing effective solutions regardless of location or jurisdiction.

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Contact us

Lawyer

Legal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
E-mail

info@ambylegal.by
Address

Office: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
Working hours

Monday-Friday 9:00-19:00

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