Application for parental leave for a child up to three years old. Maternity leave in 2017, period, types of benefits, procedure. In 2017, employers must assign child care benefits up to 1.5 years. Parental leave for children up to 3 years old in 2017. If the application does not specify a desire. Years in 2017, standard situations, minimum and maximum. Statement of claim to recognize the transaction as real after death. Calculation of child care benefits up to 1. Below is a sample application for parental leave up to 1, 5 years and up to 3 years. Sample application for a credit holiday. Application for child care benefits up to 1. A sample application for child care benefits up to 1. Up to 3 years old is completed at the place of work for the birth of each child in the family. Parental leave and payments from 1. Cash registers for individual entrepreneurs from 2017 and 2018? In 2017, as before, the legislation does not provide for a fine. 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A sample application for maternity leave in 2017 is presented in the open. Therefore, it is correct to write a vacation of up to three years in the application. New rules for calculating child support in Russia, examples of calculating alimony for 1, 2, 3. A working grandmother can take leave to care for a child up to 3 years old and receive monthly allowance. Years in 2017 is paid to one of the amount of child care benefits in. Here is a sample application for granting benefits. Close on early stages Child benefits in 2017 last news. Child care benefit up to 1.5 years in 2017 in the maximum amount. Leave to care for a child up to 15 years of age, application form. Calculation of sick leave in 2017, a new example of calculation for calculating sick leave. In 2017, for example, the benefit is 2908.62 for the first child. A sample application for early exit can also be requested from the HR department. 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Parental leave for children up to 3 years old in 2017 changes. Download form Application for parental leave for a child up to one and a half years old sample. Also Calculator of benefits for children under 1.5 years old. Benefits are accrued in 2017. From July 1, 2012 in Astrakhan, Kurgan, Novgorod, Novosibirsk. Sample application for childcare benefits for children under 15 years of age. Found 28 sample application for parental leave up to 1. Sample application for parental leave up to 1. This application is written in exactly the same way as an application for leave to care for a child up to 1.5 years. Years in 2017 is paid to persons who carry out. Monthly child care allowance from birth to 15 years of age in 2017. Calculation of benefits for a child under 1.5 years of age is carried out as follows: Therefore, it is correct to write in the application a vacation of up to 3 years. 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In the article, we will look at how to fill out an application for parental leave for a child up to 3 years old, a sample of how to fill it out, where to submit it, and whether it can be submitted. The employee’s age must be indicated. After the expiration of the period specified in the application, the following document is drawn up for parental leave for up to 1.5 years 
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Years in 2017 is paid to one of. Application for parental leave up to 1. Sample applications for parental leave for a child up to one and a half years old. An example of calculating child care benefits for children under 15 years of age in 2017. Sample APPLICATION for MATERNITY LEAVE, child care benefits up to 1. They told me that this was not indicated in the application, they tore up the application and said only on their own. So, if the holiday for accounting and labor begins in 2017, then it is taken into account. You can extend it if you wish vacation period up to 3 years of age of the child, however, the period from 1. Application at your place of work for leave to care for a child up to 3 years of age, as well as for receiving. Sample application for a voucher to a military sanatorium. I’ll slightly adjust the maternity leave for up to 3 years, and the allowance. A statement is written to the accounting department stating that parental leave is being issued. Assignment and payment of benefits for child care up to 1.5 years. Please tell me whether I am entitled to child care benefits up to 1.5 years for a third child, if I have yet. Sample application to establish the fact of recognition of paternity. A request to apply for parental leave for a child up to 1, 5 or 3 years old can be immediately applied for. Application for parental leave for a child up to 1.5 years old sample. Sample application for a patent in form 26. Maternity leave to care for a child up to 15 and 3 years old in 2017. Child care leave in 2017, calculation of benefits and registration procedure. Please note that this has changed since July 1, 2017. Leave is requested until the child reaches 3 years of age with a monthly allowance of up to 1. Parents will only have to rewrite the application indicating the new ones. Sample application for payment of child care benefits up to 1. Procedure for calculating child care benefits up to 1.5 years in 2017. Sample calculation of child care benefits for up to 1 year. I do not agree with child care leave for up to 1.5 years and up to 3 years, these are different leaves. About the minimum and maximum amounts child care benefits up to 1. Unlike the previous part of child care leave, the period between 1. years in 2017 is paid to one of the relatives. Monthly allowance for child care up to 1.5 years in 2017 is cash payment. Statement of claim for divorce with children sample 2017. Example of calculating child care benefits up to 1. Sample application for payment of child care benefits up to 1 5 years old sample.
In 2017, the practice of increasing child benefits and other social payments annually from February 1 based on actual inflation indicators for the previous year. This became possible thanks to the Government’s work to reduce the growth rate of consumer prices, due to high performance which, a year earlier, it became necessary for the first time to suspend the current order of indexation of payments, benefits and compensation that had developed over the previous decade.
ATTENTION - NEWS AND CHANGES!
Read about all the main changes in the payment procedure, types and amounts of child benefits in Russia in 2018 in the new material on our website:
→ Child benefits in 2018 ←
At the same time, this does not yet apply to amount of maternity capital in 2017. Its amount will remain at the current level 453026 rubles not only for another year, but will also be maintained at least until January 1, 2020, according to the new government capital freezing law dated December 19, 2016 No. 444-FZ, adopted together with the law on the federal budget for the next three years dated December 19, 2016 No. 415-FZ.
Indexation of benefits in 2017 (table)
For the second year in a row, the amount of child benefits provided for by federal law “On state benefits for citizens with children” dated May 19, 1995 No. 81-FZ, is revised with the aim of increasing the amount of payments not from January 1 of the new year, as was first established in 2008, but from February 1, 2017 by the amount of actual inflation, which, according to official data from Rosstat, amounted to only 5.4% (a record low figure for the entire modern Russian history).
Attention
Compared to 2015, last year price growth decreased by more than 2 times - then annual inflation according to Rosstat was 12.9%, which is the first time in modern history made it impossible to fully index not only benefits and maternity capital, but also insurance and social pensions. By the way, the Government also promises to fully index pensions in 2017 by 5.4%.
Also, according to the law of December 19, 2016 No. 460-FZ, from July 1, 2017, the minimum size wages (minimum wage) - from the current 7,500 rubles. up to 7800 rub.(indexation by 4%). The minimum amount of maternity benefits will be indexed by the corresponding amount in the middle of the year.
In accordance with these initial data, the following can be calculated table of child benefit increases in 2017.
Table - Amount of child benefits in 2017
| Type of payment | Benefit amount, rub. | |
|---|---|---|
| from January 1, 2017 | from February 1, 2017 | |
| (maternity leave) | ||
| - V general case | 100% of average earnings for the previous two years (2015 and 2016 are now taken into account) | |
| - maximum |
|
|
| - minimum (according to the minimum wage) | 34520,55 * | |
| Note:* - when going on maternity leave after July 1, 2017, due to an increase in the minimum wage, the minimum maternity benefit for the usual 140 days of sick leave will be RUB 35,901.37. | ||
| - V fixed size unemployed (per month of maternity sick leave) | 581,73 | 613,14 |
| One-time benefits | ||
| Benefits for women registered for early pregnancy (up to 12 weeks) | 581,73 | 613,14 |
| Benefit for the pregnant wife of a conscript soldier | 24565,89 | 25892,45 |
| 15512,65 | 16350,33 | |
| Benefits for a child placed in a family for upbringing | 15512.65 or 118,529.25 * | 16350.33 or 124,929.83 * |
| Note:* - the benefit is paid in an increased amount when adopting a child with a disability, a child over 7 years old or several children if they are brothers/sisters | ||
| Maternity (family) capital | 453026 (does not increase again) | |
| Monthly benefits | ||
| 40% of the average monthly earnings calculated for the previous 2 full years (2015 and 2016), or the minimum amount: | ||
|
|
|
| Allowance for the child of a conscript soldier | 10528,24 | 11096,76 |
| Survivor's benefit for a child of a military personnel | 2117,50 | 2231,85 |
| Monthly payment for a child in the Chernobyl zone |
|
|
| Payment for the third child up to 3 years of age and beyond | Monthly in the amount established by the subject of the Russian Federation living wage per child | |
| Monthly/quarterly benefit for a child under 16 years of age (up to 18 years of age) | Installed in all regions of the country in accordance with Art. 16 of Law No. 81-FZ of May 19, 1995, however, the amount of payments, terms and frequency of their indexation are established by regional authorities independently | |
In most cases, increased child benefits will only be paid if obtaining rights to them in connection with the birth or adoption of a child, starting from February 1, 2017.
Exception Upon receipt monthly payments in the established minimum or fixed amount (benefits up to 1.5 years, for caring for a child of a military personnel or for the loss of a breadwinner), the amount of the benefit to be paid will be indexed to all recipients, starting from the month of February.Maternity leave and calculation of maternity benefits
In 2017, the calculation of maternity benefits will be determined by the following changes:
- Average earnings to calculate social insurance benefits (maternity and child care) will be calculated based on the woman’s actual wages accrued for the previous two full years - 2015 and 2016. In this regard, along with the taken into account salary, the following changes:
- the maximum base for calculating insurance premiums (respectively 670 thousand rubles. for 2015 and 718 thousand rubles. for 2016), defining maximum size social insurance benefits in 2017;
- The duration of the billing period accepted for calculating average daily earnings ( 731 days excluding exception periods instead of the traditional 730 days, since the leap year 2016 is now included in the calculations).
- Minimum wage (minimum wage), used in calculations to determine the minimum maternity benefits if the insurance period at the time a woman goes on maternity does not exceed 6 months, will be:
- 7500 rub.- during the first half of the year;
- 7800 rub.- from July 1, 2017.
- Increased from February 1, 2017 minimum and fixed amounts of child benefits(see table above), in particular:
- minimum monthly allowance for child care up to 1.5 years ( 3065,69 rub. for the first child and 6131.37 rub.- on the second and subsequent ones), used to assign payments or to those working at low official wages;
- a fixed amount of maternity benefits for women officially recognized as unemployed no later than one year after dismissal due to liquidation of the organization ( RUB 613.14 based on one month of sick leave from February 1).
Attention
Below is basic information regarding changes to the procedure for calculating child benefits for social insurance (at the birth of a child and in connection with maternity).
Payments upon birth of a child in 2017
Working women subject to compulsory social security. insurance, at the place of work or through the Social Insurance Fund at the birth of a child in 2017, the following will be paid one-time benefits:
- Maternity benefit(maternity) - issued at 30 weeks of pregnancy (28 weeks for the birth of twins or triplets), calculated based on the official salary for the previous 2 years, taking into account the duration of the certificate antenatal clinic and according to the place of birth of the sick leave:
- 140 days (regular childbirth) - in the amount of 34,520.55 (35,901.37 - from July 1, 2017) to 265,827.63 rubles;
- 156 days (complicated childbirth) - in the amount of 38,465.75 (40,004.38 rubles in the second half of the year) to 296,207.93 rubles;
- 194 days (at the birth of two children or more) - from 47,835.62 (49,749.04 after July 1) to 368,361.15 rubles.
- Additional maternity benefit payment- paid one-time along with maternity benefits in a symbolic amount of 581.73 rubles. (613.14 rubles from February 1, 2017) upon presentation, along with the application for payment, a certificate from the antenatal clinic confirming medical registration in the early stages of pregnancy (up to 12 obstetric weeks).
- One-time benefit for the birth of a child- paid to one of the working parents (both mother and father) at the place of work or through the Social Insurance Fund for 6 months after childbirth in the amount of 15,512.65 rubles. (RUB 16,350.33 after February 1).
Attention
Unemployed women through Social Security from the list presented above on a general basis can only be paid lump sum allowance at the birth of a child 16,350.33 rubles.
In some cases, if they are registered with the employment service (PES) as unemployed When receiving maternity sick leave from the antenatal clinic, the Social Security authorities may also pay:
- maternity benefit in a fixed amount of 613.14 rubles. per month (respectively 2822.12 rub. for 140 days of sick leave);
- additional one-time benefit for early registration.
Child care allowance up to 1.5 years old
Since the duration of payment of this benefit exceeds 1 year, annual indexation may in one way or another be relevant to each Russian family raising a child under 1.5 years old. However, recalculation of the amount of benefits after the payment will only be made if the payment was assigned in the minimum fixed amount, which is the case in two main cases:
- when receiving monthly benefits up to 1.5 years non-working parent(mother or father) (OSZN, USZN, etc.);
- when paying benefits in the form of social insurance to those working at their place of work or in the Social Insurance Fund (SIF) at low wages(not exceeding the minimum wage at the birth of the first child and less than 15 thousand rubles when caring for the second and subsequent ones).
Attention
It must be taken into account that working citizens are provided with a monthly benefit for up to 1.5 years only if they apply for it at their place of work. Holiday to care for the child up to 3 years. However, according to the law, it is possible to interrupt vacation for up to 3 years at any time, as well as combine it with paid work on a part-time basis or at home.
Also subject to annual revision (indexation), the maximum benefit amount is:
- for working citizens- based on the annually changing maximum base for calculating insurance premiums;
- for mothers and fathers:
- passing military or equivalent service and those on parental leave - in a fixed amount based on monetary allowance limits;
- dismissed due to the liquidation of the organization while on maternity leave.
The corresponding amounts of benefits for child care up to 1.5 years in 2017 are shown in the table below.
| Payment terms | Benefit amount in 2017, rub. per month | |
|---|---|---|
| from January 1 | from February 1 | |
| For employees in general - calculated from salary | 40% of average monthly earnings for two full previous accounting years (in general, 2015 and 2016) | |
| - minimum for the first child | 2 908,62 | 3 065,69 |
| - minimum for the second and subsequent | 5 817,24 | 6 131,37 |
| - maximum for military personnel and women discharged on maternity leave | 11 634,50 | 12 262,76 |
| - maximum for workers (according to the insurance base) | 21 554,85 | 23 120,66 |
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The amount of maternity capital in 2017
The amount of maternity capital for the second child will not change in 2017 - its amount will again be 453026 rubles. IN last time the size of the certificate increased from January 1, 2015 (by 5.5% from the previous 429.4 to the current 453 thousand rubles), i.e. in fact, families with children have been dealing with the so-called freezing maternity capital.
Therefore, families can completely forget about indexing the certificate for the next 3 years. The Government associates the need to freeze the amount of maternity capital from 2017 to 2020 with the following main circumstances:
- in the federal budget
Income tax is one of the main types of federal taxes. According to the current law, its size is 13 percent of income. There is a system of standard deductions, that is, part of an individual’s income is not taxed. One of these deductions is the 2017 Child Tax Credit.
A deduction is a part of wages (or other income taxed at a rate of 13%) on which tax is not charged. Sometimes people who first encounter this concept mistakenly believe that the amount of the deduction is the amount of the tax reduction. This is completely false. Let's explain with an example.
Example 1. Salary of I.I. Ivanov in January 2017 amounted to 20,000 rubles. He is entitled to a standard deduction of 1,400 rubles. The amount of income tax will be: 20000-1400=18600*0.13=2418 (rubles). And without the deduction, the tax would be equal to 2600 rubles (20000*0.13=2600). Thus, the tax was reduced by only 182 rubles.
Personal income tax deductions for children in 2017 are provided to the following categories of income-earning citizens:
- To the father and mother of the child.
- To the family who adopted the child.
- Having obtained guardianship over one child or several children.
- To the trustees.
- To adoptive parents.
- The spouse of the adoptive parent.
Deductions are applied to the salaries of working citizens at the place of work. If an employee works for two or more companies, then he himself chooses the employer from whom he will receive tax deductions. The employer does not have the right to apply deductions without a personal statement from the employee. Only the worker himself determines in which organization he will receive such benefits.
Standard deductions for children in 2017
Deductions are provided to the parents (and other legal representatives) of the child from the first month of birth until he reaches adulthood. From 18 to 24 years of age, deductions can be provided for:
- schoolchildren, lyceum students;
- graduate students;
- interns;
- residents;
- full-time students of secondary and higher vocational education;
- cadets.
Parents receive such deductions even if their children study in foreign educational institutions.
Standard deductions for children in 2017 are applied to citizens’ income on a monthly basis, but only until the amount of income does not exceed 350,000 rubles, starting from January to December, since the tax period is taken to be a calendar year. If the employee joined this enterprise within a year, then he is obliged to provide a salary certificate from his previous place of work.
Example 2. Ivanov I.I. was hired by the Rassvet company on September 1. At his previous place of work, he was given a certificate in form 2-NDFL, which indicated that for 8 months of the current year, the total amount of wages accrued to him amounted to 355,250 rubles. Ivanov I.I. at the new place of work this year will not benefit from standard tax deductions.
The standard tax deduction for children in 2017 is applied from the month in which the child was born or adopted (guardianship or trusteeship established). It expires at the end of the year in which:
- the child turns 18 years old;
- guardianship or trusteeship is cancelled;
- adoption is cancelled;
- the student turns 24 years old;
Upon receipt of a document on graduation, the standard deduction is not applied from the next month, even if the child is not yet 24 years old.
Amounts of deductions for children 2017
The amount of deductions for children in 2017 depends on several factors:
- number of children in the family;
- whether there are disabled children in the family;
- what is the status of the recipient of deductions (parent, guardian, adoptive parent, etc.).
For the firstborn, a deduction is provided monthly in the amount of 1,400 rubles. The same deduction amount will be allocated for the second child. But the third, fourth, fifth and all subsequent ones will allow their parents to take advantage of a deduction of 3,000 rubles every month.
Example 3. In the family of Petrova P.P. there are three children: Ivan - a university student, 26 years old; Peter - student high school, 16 years old, Valentina - 5 years old, goes to kindergarten ik. The deduction limit for children in 2017 for this family will be as follows:
- Ivan is a student, but he is already 26 years old, and the deduction is only available until the age of 24. This means that there is no deduction for him. But the status of the first child remains with him.
- Peter is studying at school, he is not yet 18 years old, he is entitled to a deduction in the amount of 1,400 rubles as the second child in the family.
- Valentina is the third child, and her parents will receive a deduction of 3,000 rubles.
The amount of deduction for a child in 2017, or rather, for children, in the Petrov family will be 4,400 rubles (1,400+3,000) monthly.
If a family has a disabled child of the first or second group, then standard tax deductions are determined in the amount of:
- 12,000 rubles per month - to the parent, spouse of the parent, adoptive parent.
- 6,000 rubles per month - to a guardian, trustee, adoptive parent, spouse of an adoptive parent.
Example 4. In the Sidorov family, the eldest child Valentin is a group I disabled child, he is 15 years old. The youngest daughter Marina is 8 years old. In this case, the amount of the child tax deduction in 2017 will be calculated as follows:
- for an older child - a disabled person - 12,000 and 1,400 rubles;
- for the second child 1400 rubles;
- total per month: 14800 rubles (12000+1400 + 1400).
Tax legislation Russian Federation a double deduction is provided for a child in 2017. You can receive such a deduction in two cases:
- if the child is raised by a single parent;
- if one of the parents officially refused to receive the deduction. In this case, both parents must work and receive income taxed at a rate of 13 percent.
All types of standard deductions stop:
- If the child is over 18 years old and is not a full-time student at school, lyceum or vocational educational institution(college, technical school, university). Deductions will be provided until the end of the calendar year, in which the child has become an adult.
- If a young man (or girl) completed full-time studies before he turned 24 years old. Deductions cease from the month following the month in which the diploma of graduation from the educational institution is received.
- If the parent’s income exceeded 350 thousand rubles in the current year, starting in January. Deductions cease from the month in which the income limit is exceeded.
- If the contract of guardianship, trusteeship or adoption is terminated - from the moment of termination.
- If a parent is deprived of parental rights - from the moment of deprivation.
Example 5. The Kuznetsov family has three children: Ivan is 23 years old, in June he received a university diploma; Veronica is a correspondence student at a technical school and will turn 18 in September; Maxim is 6 years old and goes to kindergarten. Both parents officially work at the plant and have no income other than wages. They will use deductions in the following order:
- January-June - 5800 rubles (1400+1400+3000) monthly;
- July-December - 4400 rubles (1400+3000) monthly, since from July Ivan is no longer entitled to deductions; he graduated from university.
These deduction amounts will be observed if the entire annual income of the parents does not exceed 350,000 rubles (Article 218 of the Tax Code of the Russian Federation). Let's look at the example of the same family if the income limit is exceeded.
Table 1. Income of the Kuznetsov family (in rubles)
| Month | Father | Mother | Deductions for children | |||
| Per month | Year to date | Per month | Year to date | To my father | Mothers | |
| January | 21500 | 21500 | 20100 | 20100 | 5800 | 5800 |
| February | 22400 | 43900 | 20100 | 40200 | 5800 | 5800 |
| March | 21800 | 65700 | 20100 | 60300 | 5800 | 5800 |
| April | 24600 | 90300 | 20100 | 80400 | 5800 | 5800 |
| May | 26500 | 116800 | 20100 | 100500 | 5800 | 5800 |
| June | 34900 | 151700 | 20100 | 120600 | 5800 | 5800 |
| July | 35100 | 186800 | 21500 | 142100 | 4400 | 4400 |
| August | 35800 | 222600 | 22400 | 164500 | 4400 | 4400 |
| September | 40120 | 262720 | 20100 | 184600 | 4400 | 4400 |
| October | 41200 | 303920 | 20100 | 204700 | 4400 | 4400 |
| november | 41100 | 345020 | 20100 | 224800 | 4400 | 4400 |
| December | 42200 | 387220 | 21200 | 246000 | - | 4400 |
The table data shows that the father of the family received an income of more than 350,000 rubles in December, and from this month he is not entitled to deductions for children.
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Now let's take a closer look at where, where, what kind of divorce, if there are children.
Agreement on children upon divorce, sample
How to compose claim for divorce (sample) with children? Of course, it is always better to reach an agreement. If parents were able to do this, then they can voluntarily determine. Spouses have the right to enter into the following agreements:
First page:
If you had to go to court
The court determines with whom the child will remain, taking into account many factors, including.
Where to file for divorce if you have a child?
If it is not possible to conclude the above transactions voluntarily, then the only solution will be to file a claim in court. These cases are heard by district courts. If the spouses nevertheless agreed on the rights to the child on their own and only a court decision on divorce is needed, then the claim is filed with the magistrate. You can also file a claim for divorce if you were unable to come to.
Statement of claim for divorce with children, sample
Upon divorce in the presence of minor children, except general conditions, necessary for (names of the court, details of the parties) in the requirements for the claim, separate facts and evidence are required.
Requests for divorce
Everything is simple here - there are no special conditions for these requirements; in some cases, reasons for divorce may only be required. They can be very diverse, but the most common are the following:
- material differences;
- alcohol abuse;
- different characters;
- misunderstanding in the family.
The husband does not have the right to initiate proceedings for divorce without the consent of his wife during his wife’s pregnancy and within a year after the birth of the child.
In this case, the following facts must be indicated:
- children's age;
- relations between spouses in a given situation (friendly or not);
- children's attachment;
- material support and place of work of each party;
- personal qualities of father and mother;
- schedule;
- children's opinion, provided that each of them is 10 years old.
which must be attached:
- real estate documents;
- certificate from the place of work;
- receipt of paid state duty;
- copies of children's birth certificates;
- testimony of witnesses (neighbors, friends, relatives).
When determining rights to children after divorce, the statement of claim must indicate:
- age;
- health status;
- with whom the child lives;
- attachment to each parent;
- schedule;
- place of residence of parents in the aspect how this will affect upbringing.
The rights of spouses in case of divorce with children can be divided into the following categories:
- place of communication with the child;
- communication time (if it is limited);
- right to receive full volume information regarding the process of raising, treating and training the child by the other party.
State duty for divorce with children and terms
When filing an application for divorce if you have minor children, you must pay a state fee. This category of claims is non-property, so the amount of state duty for divorce in 2019 is 200 rubles. The deadline for filing a claim for divorce through the court in the presence of children is typical for all claims in family legal relations regarding children. That is, you can apply until you reach 18 years of age.
Court review and possible solutions
Represent your interests according to current legislation, the plaintiff and defendant have the right to do so independently or with the help of an authorized representative. Arbitrage practice in this category is such that the court does not always completely side with one of the spouses. The interests of children are taken into account first, and parents, when divorcing a marriage and having minor children, often violate their rights without noticing it themselves.
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7 steps to draw up a statement of claim for divorce
- Download a sample application for free from the website
Get detailed information about divorce, read examples of statements of claim, court decisions and judicial practice -.
Collect Required documents, make copies of them
Draw up an application for divorce according to our sample.
If you have additional questions or your situation is beyond the typical, ask questions in the online consultant.
Contents of the statement of claim for divorce
The statement of claim for divorce is drawn up in writing, by hand or printed. Such a document may contain only mandatory details, but can also be supplemented with a statement of circumstances family life in free form. Let's look at the required information that is indicated in all applications for divorce:
- name of the court (magistrate). For a magistrate judge, the number of the magistrate's court precinct is usually indicated. For example, the magistrate judge of court district No. 1 of the Matushkino district of Moscow. Or to the magistrate of judicial district No. 242 of the Serpukhov judicial district of the Moscow region.
- details of the plaintiff and defendant: full name, residential address. It is advisable to indicate telephone numbers and e-mail.
- Title of the document: Statement of claim for divorce
- the text indicates the following information: when the marriage was concluded, until what time the family relationship continued, whether there is a dispute about the division of property and children, the reasons for the divorce. Next is a request for divorce. The attachments to the claim are indicated.
- the application must be signed. The date can be set when you filed the claim or when you will file.
Features of drawing up an application for divorce with children
The question often arises about the specifics of drawing up an application for divorce in the presence of common children. In this case, follow general rules. Additionally, indicate in the text whether you have children in common with the defendant. You only need to indicate joint children whose both parents are listed on the birth certificate. Only minor children under 18 years of age are indicated.
You need to write down the child’s full last name, first name and patronymic, and his date of birth. If there are several children together, then we indicate the details of each of them (again, only minors). Copies of birth certificates will need to be attached to your application.
You can download samples of applications for divorce with one child or several children to see the specifics of their execution.
How to file a claim for divorce
In general, a petition for divorce must be filed with the magistrate at the defendant’s place of residence.
When filing a claim, a state fee of 600 rubles is paid. The statement of claim must be accompanied by an original marriage certificate, a document confirming payment of the state fee, copies of birth certificates for minor children and a copy statement of claim about divorce for the defendant.
For general rules for filing documents in court, see the article -.
Acceptance of an application for divorce
After receiving the statement of claim, the magistrate decides on its acceptance within 5 days. If the plaintiff correctly understood and followed all the recommendations, the application is accepted and a court hearing is scheduled for the case. IN otherwise the application will be left without progress or returned to the applicant.
If the statement of claim is returned, use the recommendations >.
Consideration of an application for divorce in court
The consideration of the case on the application for divorce is appointed by the magistrate no earlier than one month from the date of its submission. It is impossible to go faster - this time is strictly established by law. If you file a claim for divorce today, the case will be scheduled only in one month.
The plaintiff will receive a summons (notice) by mail, by telephone (e-mail) or in person about the time and place of consideration of the case.
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IN court hearing the court finds out the reasons for the divorce, whether the plaintiff supports his demands, whether the defendant agrees to the divorce, and whether reconciliation of the parties is possible. If the plaintiff supports his demands, and the defendant is not against the divorce, then the court will make a decision on that day to satisfy the claim. If the husband or wife express disagreement or doubt about the possibility of dissolving the marriage, the court will most likely give time for reconciliation. The reconciliation period is up to 3 months. Therefore, if you want the case not to drag on, you need to clearly and without a shadow of a doubt support the claims and ask the court to dissolve the marriage, indicating that saving the family is not possible.
Sample statement of claim for divorce in 2019
The presented sample application for divorce was compiled taking into account the latest changes in family law for 2019.
When filling out the sample, please note that abbreviations are not allowed; write all words in full. It is better to indicate the address with a postcode. It would not be bad if you indicate the telephone numbers of the plaintiff and defendant.
Magistrate of the court district Statement of claim for divorce“___”_________ ____ I entered into marriage with _________ (full name of the defendant). They lived together until “___”_________ ____. Marriage relations between the plaintiff and the defendant were terminated from the specified time. General management has not been carried out since this date. Further living together became impossible. There is no dispute about the division of property that is the joint property of spouses. There are minor children from the marriage _________ (full name, date of birth of children). There is no dispute about children. According to paragraph 1 of Article 23 of the Family Code of the Russian Federation, if there is mutual consent to dissolve the marriage of spouses who have common minor children, as well as spouses specified in paragraph 2 of Article 21 of the Family Code of the Russian Federation, the court dissolves the marriage without clarifying the reasons for the divorce. Based on the above, guided by articles 21, 23 of the Family Code of the Russian Federation, articles - of the Civil Procedure Code of the Russian Federation,
List of documents attached to the application (copies according to the number of persons participating in the case):
Date of application “___”_________ 2019 Signature of the plaintiff _______ |
Is it worth combining a claim for divorce with other claims?
In a civil case, it is possible to combine homogeneous claims against one defendant in one statement of claim (). In relation to divorce, this means that in one statement of claim you can ask the court to dissolve the marriage and collect alimony, divide the property of the spouses, or determine the place of residence of the child.
However, we do not recommend combining divorce claims with others, as this will delay the consideration of any of the issues. For example, it is easier to file a separate statement of claim for divorce and an application for a court order for alimony. While the divorce case is still being prepared, alimony will already be collected.
Download a free sample application:
Questions when filing a claim for divorce
What to do if there are no marriage documents?
My husband and I separated a long time ago, we haven’t lived together for many years, I don’t know where he is. How to get a divorce in this case?
If the place of residence of the second spouse is unknown, divorce is carried out through the court. First, try to search for your spouse, visit his last place of residence, talk with neighbors, mutual acquaintances, and his relatives to find some information. If the search does not bring results, file a claim for divorce at the last known place of registration of the defendant at the place of residence. Please note that the court will request information about the defendant’s registration from the passport office.
The husband is against divorce, is it possible to divorce in this case without his consent?
In the absence of the consent of the second spouse, divorce is carried out through the court. Submit a statement of claim to the magistrate, at the court hearing the court will listen to the positions of the plaintiff and defendant, if the husband insists on preserving the family, you will be given a period of up to 3 months for reconciliation. After this, if reconciliation does not take place, the court will dissolve the marriage.
I don’t want to go to court, I don’t want to see my wife anymore, how can I get a divorce without my presence?
Presence at a court hearing is a right, not a duty, of a citizen. When filing a claim, you can formalize. After this, all that remains is to receive summons in a timely manner and wait for the result.
Is it possible to make additional demands when filing a claim for divorce?
When filing a claim for divorce in court, the plaintiff may make other claims related to family relations. For example, on the collection of alimony for the maintenance of children, on the collection of alimony for the maintenance of a spouse, on determining the place of residence of children, on participation in raising children, on the division of jointly acquired property. It should be taken into account that the combination of several claims may lead to a change in the jurisdiction of the dispute and will increase the time frame for resolving the case.
Based on our experience, it is better to file a claim for divorce separately. This will reduce the time it takes to resolve a case and will allow you to concentrate on a specific problem in each case without missing important circumstances.
How to correctly draw up a statement of claim for divorce if the husband is in prison, which court should he go to?
If one of the spouses is sentenced to a term of imprisonment of more than 3 years, the second spouse can file a divorce through the registry office at his place of residence. The application will also need to be accompanied by a certified copy of the court verdict. If the term of imprisonment does not exceed 3 years, the statement of claim is filed in the general manner, the place of residence of the convicted person is his last place of registration before imprisonment. In this case, the statement of claim must additionally indicate that the defendant is serving his sentence, when he was convicted and where he is being held.
How are documents certified if a claim for divorce is filed in another city and the plaintiff’s personal participation in the court hearing is impossible?
In general, photocopies of all documents can be attached to the statement of claim. The court will certify their authenticity at a court hearing when the plaintiff brings the originals. If the plaintiff does not participate in the consideration of the case, the attached copies of documents must be notarized. When filing for divorce, certify your marriage certificate and children's birth certificates. The statement of claim and its copy are certified by the signature of the plaintiff, the receipt of the state duty is attached in the original.
What if the spouse left 8 months ago and took the marriage certificate with her?
Obtain a duplicate marriage certificate from the registry office. Fill out the application according to the provided sample. As the defendant's address, indicate the last known address of the spouse's place of residence; you will go to court at this address.
Do I need to have copies of the statement of claim and the child’s birth certificate certified by a notary when sending divorce documents to the city where the defendant lives?
A statement of claim is a document that is written and signed by the plaintiff, so a copy of the statement of claim for the defendant is certified by the signature of the plaintiff, this will be sufficient. If the plaintiff does not plan to appear in court, it is better to have the remaining documents (copy of marriage certificate, copies of children’s birth certificates) certified by a notary. The receipt of the state duty is attached in the original.
How much does a sample divorce petition cost on your website?
A sample statement of claim for divorce can be downloaded from the website for free. If you need legal assistance in filing a claim, please fill out the contact form.
