The application is required in different situations - in case of employment and dismissal, registration of annual leave and leave at your own expense. The article describes the typical structure of the application and the general rules for the design of this document.
From the article you will learn:
In what form to apply
Application - the official form of appeal of citizens or employees to the administration of the institution. It contains a request or suggestion.
Some organizations have developed special forms for employee requests. However, most often the document is in free form.
How to write a statement to the head, the employee decides. He can do it by hand, or he can type on a computer and print it on A4 sheet. In any case, for a document to be valid and considered, it must contain several mandatory elements:
- Information about the addressee and the applicant (the so-called “cap”).
- Title of the document.
- Wording of a request or suggestion.
- Date of application.
- Signature of Applicant.
Such a structure was approved by Federal Law No. 59 “On the Procedure for Considering Appeals of Citizens of the Russian Federation”.
Can a computer write statements instead of employees? You will find the answer to this question inarticle .
How to write the heading of a statement
“Cap” refers to information about the addressee, i.e. to whom this document is intended and information about the applicant, i.e. author of the document. The “hat” is located in the upper right corner of the document.
Recipient Information
A statement is an official document, therefore, information about the addressee should be complete:
- position of the addressee;
- name of the organization;
- surname, name, patronymic of the addressee.
The name and position are written in the dative case (answer the question "To").
For instance:
to CEO
Applicant Information
If the application is written by an employee of the organization, then the information on the applicant must indicate the position, surname and initials.
For instance:
from the chief accountant
Andryukhovskaya Taisiya Petrovna
If the document is drawn up by a candidate for a job vacancy, then only the surname and initials are indicated. The post will be mentioned in the main text.
For instance:
It is considered traditional to spell the name of the applicant without the pretext “from”:
to CEO
Communicative Technologies LLC
Rozhdestvensky Peter Andreevich
Smirnov Sergey Nikolaevich
Currently considered acceptable and the option with the pretext "from":
from Smirnov Sergey Nikolaevich
Title of the document
The name of the document allows three spellings:
- With a lowercase letter at the beginning of the line and with a dot after the word:
statement.
This spelling is considered traditional. Information about the addressee, applicants and name constitute one proposal.
- Capitalized without a dot at the end:
Statement
In this case, the word “Statement” is the heading to the entire document, and not part of the proposal. The rules for the design of the headings prescribe the writing of the name of the document with a capital letter and without a dot at the end.
- In capital letters without a dot at the end:
STATEMENT
This spelling is most often used in computer typing. The name of the document here is also a heading, therefore, a dot at the end is not put.
How to compose the main part of the statement
This part of the document begins with a red line. As a rule, the purpose of a business paper is to state a request, so the main part should begin with the word “Please”. If your request is typical, for example, for annual leave, then it does not need to be argued. It is enough to indicate the start and end dates of the vacation:
If you ask for family leave, you need to explain the reasons, attach supporting documents and refer to them in the main part of the text.
The main part is written in free form, but the general requirements for the style of presentation are the same as for all business documentation:
- formal business style;
- brevity;
- specificity;
- clarity.
date of application
The filing date is usually set immediately after the main part and is aligned to the left:
Please provide me with another paid vacation in the period from 05/14/2018 to 05/30/2018.
30.04.2018
The option is allowed when the date is indicated immediately under the name of the document:
statement.
30.04.2018
Signature
If the text is typed on a computer, then a handwritten signature is put on the printout. Without this element, the document is considered invalid.
About varieties of applications, as well as features of their preparation and execution, read article.
How to write a statement: examples
Consider the features of the most common statements.
How to write an application to the director for employment
According to modern law, it is not necessary to apply for a job. In some organizations, he is asked to write for a report and an order. In the text of the document indicate the proposed position and the date of commencement of work. Sometimes the attached documents are listed in the text: diploma, military ID, employment record, TIN, SNILS.
How to write a vacation application: sample 2018
An application for the next paid vacation is compiled in 2018 only if the company does not have an approved vacation schedule or if you want to go on vacation outside the schedule.
Please note that such a document should be prepared and filed two weeks before the planned vacation.
How to write a maternity leave application: sample
Women before going on maternity leave write a statement. The text must indicate the duration of the vacation in days. It is determined by the sick leave issued in the antenatal clinic. The sick leave certificate should be attached to the document.
Fig. 1. Maternity leave application: sample
How to write a vacation application at your own expense: an example
When an employee asks for leave at his own expense, he must indicate the reason for this request and attach documents confirming the need for such leave.
Fig. 2. An example of an application for administrative leave (at one’s expense).
Read more about vacation at your own expense in article.
How to write a letter of resignation: an example
When an employee asks to terminate a labor agreement, he indicates the reason for termination. This may be dismissal of their own free will, by agreement of the parties or of their own free will.
Fig. 3. An example of a letter of resignation
It is necessary to write an application in different situations, but all types of this document have a standard structure and are subject to general rules for execution. Any application begins with information about the addressee and the applicant. The following is the name of the document, the main part, date and signature. The main part is written in free form, but the general requirements for the style of presentation are the same as for all business documentation: brevity, concreteness, clarity.
from 05/05/2019
When applying to the court, statements of claim are made.
You can download all samples of claims. View examples of their compilation. Learn the rules for filing and considering civil cases in court.
To prepare a document, you can seek legal help or try to figure it out on your own. As our practice shows, most citizens are fully capable of independently preparing any statement of claim. To do this, you just need to find suitable samples, deal with the preparation of the claim and bring it to court.
You have already completed the first task since you found this site. Now choose a suitable sample, download it (it’s completely free), get acquainted with examples of filing lawsuits, ask any questions to our lawyers. We hope that with our help you will succeed.
What is a statement of claim
A statement of claim is a written appeal to a court in which one party claims the other. The one who files the claim is called the plaintiff. The party to which claims are called the defendant. There may be several plaintiffs or defendants in each case. In addition to the parties, third parties may participate in civil matters. Requirements are not presented to third parties; based on a court decision, they may have certain rights or obligations.
How to make a statement of claim
The statement of claim can be written by hand or printed. The requirements for the content of the application, the rules for filing a lawsuit and its consideration are established in the Civil Procedure Code of the Russian Federation. Documents drawn up in arbitrary form, without observing the established rules, are not accepted by the court.
Before drawing up an appeal to the court, it is necessary to determine your requirements, establish the person who will be the proper defendant, and select a court authorized to consider such a civil case.
When compiling a document, you should look at the situation from the outside, which will allow you to describe all the circumstances as detailed and understandable as possible. No need to shorten words and use abbreviations. Describing a controversial situation, rely on specific facts, indicate the date and place of events. The requirements should be related to the described circumstances, on the principle of “cause-effect”.
If it doesn’t work
The presented samples will allow you to independently deal with the preparation of claims for simple situations, obtain primary legal knowledge, and become a reliable assistant for novice lawyers. A special form is provided on the site where you can ask any questions regarding the preparation of documents for our lawyers.
According to Russian laws, marriage is a voluntary equal union of men and women who have reached the age of majority and have registered their relationship with the civil registry office (in the registry office).This is a civil marriage. To call relations in which a couple simply lives together is a de jure mistake. Civil means secular, fixed by state, and not religious bodies.
To go through the state registration of marriage, you need:
- To be adults. The total marriage age is 18 years, in exceptional cases - 16, and in some regions - 14.
- Mutually agree and file an application.
They will not stamp the passport if the groom or bride is in another registered marriage, are close relatives, or are recognized legally incompetent by the court.
How many days before the wedding do I need to apply to the registry office?
According to Article 11 of the Family Code of the Russian Federation, marriage is made one month after the submission of the relevant application. Thirty days are given to once again weigh everything and create a family consciously. According to the law, the registry office may increase this period, but not more than a month.In practice, couples are forced to book the required dates several months before the wedding due to the lines for the ceremonies and retreats. Please note: book. The statement itself is still written exactly in 30 days. In other words, if you have a beautiful date in principle, you will have to visit the registry office more than once.
In what cases is it not necessary to wait a month?
If you have good reasons, you can shorten the thinking time and even paint a couple on the same day. For instance:- The bride is pregnant or a joint child has already been born.
- The life of the bride or groom is at risk due to illness.
- The groom goes to serve in the army.
- The bride or groom goes on a long business trip.
Any of these circumstances must be documented. So, the fact of pregnancy is confirmed by a certificate from the antenatal clinic with seals, signatures and the date of birth. If you have not yet given birth, the registry office is unlikely to meet: you have to wait 30 days.
Which registry office to contact?
The rule on applying for a registration of one of the future spouses has been canceled.Now you can contact any department of the registry office (and even several at once) of any city, regardless of the place of permanent or temporary registration. The exception is marriage with a foreigner. Such unions do not register all registry offices.
If the registry office employees in a foreign city or district refuse to accept the application, ask for a refusal in writing with a reason. Then you can appeal it easily.
What documents do you need to collect?
- Joint statement in form No. 7 (more about filling it out below).
- Passports of the bride and groom.
- Divorce certificate if one of the future spouses was previously married or married.
- Death certificate if the couple has a widow or widower.
- Notarized consent of parents to marriage, if the bride or groom or both are under 18 years old.
- State duty payment receipt.
The amount of state duty for marriage registration is 350 rubles. It is paid by one person.
How to fill out an application?
The application for marriage has a unified form approved by the Government of the Russian Federation. The form can be taken at the registry office and filled out there by hand or downloaded on the Internet and filled out at home on a computer.In any case, the date and signatures of the applicants are personally put in the presence of the registry office employee.
The application for marriage consists of two columns: for him and for her. The bride and groom must indicate personal and passport details, citizenship and nationality (optional), as well as make a mark which name they want to wear after the wedding.
The registry office employee must verify the data, offer a free date for registration, post the application through the books and stamp.
How to apply?
Marriage is a purely personal matter. You cannot apply for registration through a lawyer or other legal representative. But you can do this in two forms:- Personally - through the registry office or multifunctional centers for the provision of state and municipal services (MFC).
- Online - through the public services portal.
The ability to submit an application and an accompanying package of documents through the MFC greatly simplifies the process. After all, registry offices on weekdays mostly work until six in the evening, while in many MFCs an extended working day.
Can I apply for marriage alone?
The application is usually filed in the presence of the bride and groom. But if one of them, for good reason, cannot visit the registry office or the MFC, applications can be accepted from one of the future spouses.It is the statement, since in this case two documents are drawn up and the absent person must certify his copy to the notary. You also need to do with copies of the attached documents.
How to apply for marriage online?
You can apply for marriage through the “Portal of State Services of the Russian Federation”: “Service Catalog” → “Family and Children” → “Registration of Marriage”. Provided that the bride and groom have verified accounts on gosuslugi.ru.
Usually the groom begins the procedure and, filling in his data, sends an invitation to the bride. She visits the site and completes the design. After that, go to the payment tab. When applying for marriage registration through the portal of public services, the state duty will be 245 rubles.
How to pick up a marriage registration application?
An application has been submitted, a registration date has been set, but something went wrong ... The bride and groom can change their mind and withdraw the application for marriage registration at any time, either together or separately.Prior to the state registration of marriage, neither a man nor a woman has any legal obligations to each other and does not have rights.
If the application was submitted in person, you must contact the registry office and document the refusal. A passport and application will be required. The reason for refusing the marriage is optional. The state duty does not return.
If the application was drawn up via the Internet, and the registry office is located in another city, you can simply call and say that the selected date is free. But most of the failed spouses simply do not come for registration. There is no administrative and other responsibility for this.
Moreover, taking one application, you can immediately submit a new one with the same or another person.
7 Steps to Divorce
- Free download sample application from the site
Get detailed divorce information, see examples of lawsuits, court decisions, and case law.
Collect the necessary documents, make copies of them
Make a divorce statement in our sample.
If you have additional questions or if your situation is beyond the typical, ask questions in an online consultant.
Divorce claim
The statement of divorce is made in writing, by hand or is printed. Such a document may contain only mandatory details, but may be supplemented by a statement of the circumstances of family life in a free form. consider the mandatory information that is indicated in all applications for divorce:
- name of the court (justice of the peace). For a justice of the peace, the court number of the justice of the peace is usually indicated. For example, the magistrate of the judicial section No. 1 of the Matushkino district of Moscow. Or the justice of the peace of the judicial section No. 242 of the Serpukhov judicial district of the Moscow Region.
- data of the plaintiff and defendant: name, address of residence. It is advisable to indicate the phone numbers and e-mail.
- title of the document: Divorce claim
- the following information is indicated in the text: when the marriage was concluded, until what time the family relations continued, whether there was a dispute about the division of property and children, the reasons for the divorce. Further, a request for divorce is written. Attachments to the claim are indicated.
- a statement must be signed. You can set the date when you filed a lawsuit or when you file.
Features of the application for divorce from children
Often the question arises about the features of the application for divorce, in the presence of common children. In this case, follow the general rules. Additionally, in the text indicate the presence of children in common with the defendant. only joint children with both parents on the birth certificate should be indicated. Only minor children under 18 years of age are indicated.
It is necessary to write down the full name, first name and patronymic of the child, the date of his birth. If there are several joint children, then we indicate the data of each of them (again, only minors). Copies of birth certificates will need to be attached to the application.
You can download divorce applications with one child or several children to see the features of their registration.
How to file a divorce claim
In the general case, a petition for divorce must be filed with the justice of the peace at the place of residence of the defendant.
When filing a claim, a state duty of 600 rubles is paid. The statement of claim shall be accompanied by a genuine certificate of marriage, a document confirming the payment of state duty, copies of birth certificates for minor children and a copy of the statement of divorce for the defendant.
Read the general rules for filing documents with the court in the article -.
Acceptance of divorce application
After the receipt of the statement of claim, the justice of the peace within 5 days decides the question of its adoption. If the plaintiff correctly understood and complied with all the recommendations, the application is accepted, a hearing is scheduled in the case. Otherwise, the application will be left without movement or returned to the applicant.
If the claim is returned, use the recommendations\u003e.
Court review of a divorce application
Divorce proceedings are appointed by the justice of the peace not earlier than in a month from the moment of its submission. Faster is impossible - this time is strictly prescribed by law. If you file a divorce lawsuit today, then the case will be appointed only after one month.
The plaintiff will receive a subpoena (notice) of the time and place of the consideration of the case by mail, will be notified by telephone (email) or notified in person.
To receive notification by SMS or e-mail
At the hearing, the court finds out the reasons for the dissolution of the marriage, whether the plaintiff supports his claims, whether the defendant agrees to a divorce, whether reconciliation of the parties is possible. If the plaintiff supports his claims, and the defendant is not against a divorce, then the court on this day will decide on the satisfaction of the claim. If the husband or wife disagrees or doubts about the possibility of divorce, the court is likely to give time for reconciliation. The reconciliation period is up to 3 months. Therefore, if you want the case not to be delayed, you must clearly and without a shadow of doubt support the lawsuit and ask the court to terminate the marriage, indicating that saving the family is not possible.
Divorce Proposal Sample 2019
The presented sample of the application for divorce is made taking into account the latest changes in family law for 2019.
When filling out the sample, note that no abbreviations are allowed; write all the words in full. It is better to indicate the address with an index. It will not be bad if you indicate the phones of the plaintiff and the defendant.
Magistrate court plot Divorce claim“___” _________ ____, I married a _________ (full name of the defendant). They lived together until "___" _________ ____ g. The marriage relationship between the plaintiff and the defendant is terminated from the indicated time. The general economy from the specified date is not conducted. Further life together became impossible. There is no dispute about the division of property that is jointly owned by the spouses. From marriage there are minor children _________ (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 divorce spouses who have common minor children, as well as spouses referred to in paragraph 2 of Article 21 of the Family Code of the Russian Federation, the court divorces the marriage without clarifying the reasons for the divorce. Based on the foregoing, guided by Articles 21, 23 of the Family Code of the Russian Federation, articles - Civil Procedure Code of the Russian Federation,
The list of documents attached to the application (copies on the number of persons participating in the case):
Date of filing the application "___" _________ 2019. Signature of the plaintiff _______ |
Is it worth combining a divorce claim with other requirements?
In a civil case, it is possible to combine homogeneous claims against one defendant in a single statement of claim (). With regard to divorce, this means that in one statement of claim you can ask the court to terminate the marriage and collect child support, share the property of the spouses or determine the place of residence of the child.
However, we do not recommend combining divorce requirements with others, since in this case it will lead to a delay in considering any of the issues. For example, it is easier to file a separate lawsuit for divorce and an application for a court order to recover child support. While the divorce case is still being prepared, child support will already be collected.
Download a free sample application:
Issues when filing a divorce claim
What to do if there are no marriage documents?
We parted with our husband for a long time, we have not lived together for many years, where he is - I do not know. How to get a divorce in this case?
If the place of residence of the second spouse is not known, the divorce is made through the court. First, try to search for your spouse, visit his last place of residence, talk with neighbors, mutual friends, with his relatives to find some information. If the search does not bring any results, file a lawsuit to terminate the marriage 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 registration of the defendant from the passport office.
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, the divorce is made through the court. File a lawsuit with the justice of the peace; at the hearing, the court will listen to the position of the plaintiff and defendant; if your husband insists on keeping the family, you will be given up to 3 months for reconciliation. After that, if reconciliation does not take place, the court will terminate the marriage.
I do not want to go to court, I do not want to see my wife anymore, how to divorce without my presence?
Presence at the hearing is the right, and not the obligation of the citizen. When submitting a statement of claim, you can apply. After this, it remains only to receive summons in a timely manner and wait for the result.
Can additional claims be made when filing a lawsuit for divorce?
When applying to the court with a lawsuit for divorce, the plaintiff may state other requirements 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 the spouse, on the determination of the place of residence of the children, on participation in the upbringing of children, on the division of jointly acquired property. It should be borne in mind that combining several requirements may lead to a change in the jurisdiction of the dispute and increase the time to resolve the case.
Based on our experience, a divorce claim is best filed separately. This will reduce the time to resolve the case and will allow in each case to concentrate on a specific problem, without missing important circumstances.
How to draw up a lawsuit for divorce, if the husband is in prison, which court to apply to?
If one of the spouses is sentenced to a term of imprisonment of more than 3 years, the second spouse may file a divorce through the registry office in his place of residence. A certified copy of the court verdict will need to be additionally attached to the application. 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 the last place of his registration before imprisonment. In this case, the statement of claim must additionally indicate that the defendant is serving a sentence when convicted and where he is held.
How are documents certified if the statement of divorce is filed in another city, and the plaintiff’s personal participation in the court session is impossible?
In the general case, photocopies of all documents can be attached to the statement of claim. The court will certify their authenticity at the 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 applying for a divorce, certify the marriage certificate and the birth certificate of the children. 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?
Get a duplicate marriage certificate at the registry office. Make a statement on the submitted sample. As the respondent’s address, indicate the last known address of the spouse’s place of residence, you will contact the court at this address.
Do I need to certify copies of the statement of claim and the birth certificate of the child with a notary when sending the divorce documents to the city where the defendant lives?
A statement of claim is a document that is written and signed by the plaintiff, therefore a copy of the statement of claim for the defendant is certified by the signature of the plaintiff, this will be enough. The rest of the documents (copy of marriage certificate, copies of birth certificates of children), if the plaintiff does not plan to appear in court, it is better to notarize. The state duty receipt is attached in the original.
How much is a sample divorce statement on your site?
A sample claim for divorce can be downloaded from the site for free. If you need the help of a lawyer in preparing a claim, fill out the contact form.