of June 22, 2000 No. 5
About practice of application by courts of the legislation by hearing of cases on annulment of marriage
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*) Further in the text - Code.
1. For the purpose of fulfillment of requirements of the legislation on scrap and family on strengthening of family, protection of the rights and interests of children courts by hearing of cases about annulment of marriage need to take the exhaustive measures directed to conciliation of spouses and preserving family, and in case of the dispute resolution about education and content of children to proceed from priority of their interests according to rules of international law and the Constitution of the Republic of Belarus.
3. The action for declaration about annulment of marriage shall conform to requirements st.st.109 and 243 GPK. In it, in particular, it is specified when and where scrap is registered whether there are general children, their age, motives of annulment of marriage, other requirements which can be considered along with the action of rescission of scrap are stated. Discrepancy of the statement to the specified requirements is the basis for leaving of the statement without movement (the Art. 248 GPK).
Are enclosed to the application: the certificate on marriage, the copy of certificates of birth of children, documents on earnings and other sources of the income of spouses (if the requirement about collection of the alimony is declared) and other required materials.
4. The statement for initiation of proceedings for annulment of marriage is filed a lawsuit, as a rule, at the place of residence of the defendant (the Art. 46 GPK).
If with the claimant there are minor children or when for health reasons departure of the claimant to the residence of the defendant is difficult, - in the place of his residence (the p. 10 of the Art. 47 GPK).
The action for declaration about annulment of marriage with person condemned to imprisonment is shown at the last place of residence of person before his condemnation.
The action of rescission of marriage with person recognized in the procedure established by the law it is unknown absent, incapacitated, and also with person condemned to imprisonment for the term of at least three years it can be shown at the place of residence of the claimant (the p. 9 of the Art. 47 GPK).
The action of rescission of marriage with person which residence is unknown or which does not take the residence in the Republic of Belarus can be shown in the location of its property or in the last known place of his residence in the Republic of Belarus (p.1 to the Art. 47 GPK).
5. In the absence of the bases for refusal in initiation of proceedings according to the declaration of avoidance of scrap the judge takes out determination about initiation of proceedings and provision to spouses of three-months term for taking measures to conciliation, and also for reaching an agreement on minor children and property. During the term provided for conciliation, the judge has the right to make the actions for preparation of case for legal proceedings provided by the Art. 262 GPK.
In relation to the p. 3 of the Art. 150 GPK current of three-months term begin next day after removal of determination about initiation of proceedings.
The copy of determination about initiation of proceedings and provision to spouses of term for conciliation and the copy of the action for declaration go court to other spouse. The specified determination cannot be appealed and protested in appeal procedure.
6. It must be kept in mind that collection of the alimony for content of minor children is made, as a rule, according to the procedure of mandative production (item 2 p.1 the Art. 394 GPK).
Article 97 of the Code provides temporary collection of children maintenance based on determination of the judge. Therefore after initiation of proceedings about annulment of marriage or in judicial session in case of case adjournment the judge has the right to collect children maintenance temporarily.
7. If after the three-months term of the spouse did not come to conciliation and the claimant did not refuse the submitted action for declaration about annulment of marriage, the judge appoints case to hearing.
Annulment of marriage before the expiration of the Code of three-months term provided by court according to Art. 36 is contempt of law and can entail cancellation of the judgment.
If the circumstance which was the basis for initiation of proceedings about annulment of marriage in special procedure (Art. 37 of the Code) disappeared afterwards, then court the measures having the right to take spouses for conciliation provided by the p. 5 of Art. 36 of the Code.
At the request of the parties the court has the right in the presence of reasonable excuses to consider case in their absence. About consideration of the case in the absence of both spouses or one of them the court takes out motivated determination.
In the absence of the bases to annulment of marriage courts shall pass decisions on refusal in the claim, without appointing spouses of additional term for conciliation.
9. If during legal proceedings the circumstances testimonial of possibility of preserving family (availability of children, scrap duration, nature of relations in family, etc.), court according to the p. 5 of Art. 36 of the Code at the request of the parties or one of them are established or have on own initiative the right to postpone trial of case on annulment of marriage.
In case of case trial adjournment the court provides to spouses additional term for conciliation within six months. Adjournment of trial of case for conciliation of spouses within this term can be numerous.
Determination of court about adjournment of trial of case in connection with provision of additional term for conciliation of spouses is taken out after hearing of explanations of the parties, and in necessary cases - after the research and other proofs.
Determination about the case trial adjournment, about reducing provided for conciliation of additional term cannot be appealed and protested in appeal procedure.
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The document ceased to be valid since December 22, 2022 according to Item 31 of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus of December 22, 2022 No. 7