Court fee for divorce in court

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Court fee for divorce in court

Court fee for divorce in court

The court fee is one of the types of mandatory fees, the procedure for payment and the amount of which are regulated by tax legislation. The amount of this tax is set:

  • in a fixed amount;
  • in percentage terms.

Regarding the dissolution of a marriage, the size of the court fee will differ depending on where exactly the divorce procedure is carried out.

So, with the joint consent of the spouses or the desire of one of them, provided that there are no minor children in the family or the man is considered missing or declared incompetent, family relations can be terminated administratively by submitting an appropriate application to the registry office.

In such cases, the amount of the state duty is determined by the Tax Code of Ukraine.

In other cases, the divorce procedure is carried out in a judicial procedure, which provides for other rules for calculating and paying this fee.

The amount of the court fee for a divorce through the court

If the spouses terminate their marital relationship through the court, then they need to pay a court fee.

The first time this happens is when filing a claim. Together with him, according to the Civil Procedure Code of Ukraine, the plaintiff must provide a receipt confirming the payment of the court fee. It should be remembered that this amount is paid in one payment document.

The interested person may compensate for the expenses incurred by him in accordance with the procedure established by the Civil Procedure Code of Ukraine. To do this, in the statement of claim, a separate paragraph must reflect the requirement for reimbursement by the defendant of the legal costs of the case.

Note that if one of the divorcees does not agree with the decision of the divorce court, then he has the right to file an appeal and cassation complaint to the highest courts.

Often, in a statement of claim, the requirement for divorce is combined with the requirement for the division of jointly acquired property. Then services for two different disputes are paid separately from each other.

If, at the same time as demanding a divorce, the applicant files a claim for alimony with the court, then he pays only the court fee for the dissolution of the marriage. The plaintiff is released from the mandatory fee for considering the issue of determining alimony.

However, it will have to be paid to the defendant in the amount established by the current legislation. In addition, the alimony payer should additionally pay the amount approved by the court decision, determined after the consideration of the case and directly dependent on the amount of satisfied claims for the recovery of alimony.

Payment of the court fee in case of divorce through the court

The court fee is paid before filing a statement of claim with the court and a ready court decision to the registry office (state fee) for registering a divorce and issuing an appropriate certificate. Each body has its own bank details, which can be taken specifically at the offices of these institutions.

You can pay the mandatory fee at bank branches or do it online, but in any case, you will receive a receipt for payment of the court fee. Recently, in large cities, bank terminals are placed directly in courts or nearby, thereby simplifying the procedure for paying a court fee (state duty).

At the same time, one should not forget that having paid the court fee (state fee), you must take care of confirming your payment in the form of a receipt, check or other payment document. To a greater extent, you should be careful when making a payment via the Internet.

The main thing is to correctly determine the jurisdiction of your divorce case, including territorial, so that the money gets exactly where you need it. The payment document must be of the established form and, in addition to information about the payer of the fee, must contain a number of other mandatory fields, including the amount and purpose of payment, the date of payment, etc.

Many are interested in the question related to the validity period of the payment. In the regulatory legal acts in force today, there is no such concept as the validity period of a receipt for payment of the state fee. However, in legal practice, certain points are still distinguished, according to which the validity of the transferred fee for the provision of certain services is established and the state registration of a civil act has not been carried out, respectively.

Services of a lawyer when paying a court fee for a divorce

I was going to leave my wife in December of the year. Having specified all the details of the court, I paid the state fee, I was about to file a claim when I was told at work that I was being sent on a long business trip outside the country. Therefore, the divorce did not take place.

Now I’m still going to file a divorce suit. I am interested in the question: what should I do with the court fee paid in December? Is it valid today?

With a receipt of the established form or other payment document certifying the payment of the court fee, you can apply to the court within three years from the date of the payment, if the details of the judicial authority have not changed during this time and the data on the purpose of the payment match. Immediately, we note that it is better not to drag so much time.

In your case, there is only one problem related to the changed and increased size of the court fee. As a rule, this fee is paid in one document (one amount). But there is no such requirement in the law. Therefore, you need to pay another receipt (difference) and add it to the divorce petition.

I paid the court fee to the divorce court. My claim was not accepted and redirected to another court. There, my claim was left without movement, because the details on the receipt do not match the details of their court. What are my actions in this situation?

When you file a claim with the court, you must pay a court fee. Moreover, the details indicated in the receipt must match the details of this court. Therefore, the second court rightly left your statement of claim without movement. To accept the case for proceedings, you must immediately submit to this court a payment document confirming the payment of the court fee to its account.

The court fee paid on the first receipt can be returned. To do this, you should contact the first court and take a certificate of the return of the specified amount of the fee. You submit a certificate, the original receipt and an application for a refund to the tax office at the location of the first court. You must return the money within a month.

Family Lawyer Services

A family lawyer will provide you with legal advice and help you draw up all the necessary documents to pay the court fee.

We are responsible for the quality of legal services and guarantee a positive result.

With the help of a family lawyer or lawyer, your divorce case will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance in divorce.

Alexey Skryabin
Alexey Skryabin
Family Lawyer
Our many years of experience in the legal field is a guarantee of your success - this is what you need to solve your problem.

You deserve our professional legal assistance!

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