So, you have decided to take an important step in life and are going to officially register your relationship. Where to go and what to do? You probably think that this procedure is too complicated for immediate perception and understanding, but we hasten to reassure you. The Svadbaholik.ru portal is ready to share the most current and important information on the most frequently asked questions about registering a marriage at the registry office.
How to register a marriage: conditions, obstacles and documents
Before we begin to consider the procedure for registering a marriage union at the registry office, let's look at the main requirements.
Conditions for registering a marriage
In order to enter into an official union, several conditions will need to be met, namely:
- mutual consent of persons;
- their attainment of adulthood.
Important: the last point has exceptions - the age can actually be reduced to 16 years for a number of good reasons (marriage due to pregnancy, birth of a child, etc.).
Obstacles to marriage
What can stand in the way of registering an official union? The website Svadbaholik.ru focuses your attention on the following obstacles:
- one of the potential spouses is already in another marriage;
- marriage between close relatives;
- marriage between adoptive parents and adopted children;
- incapacity due to mental disorder of one of the partners.
Important: Please note that the common situation when civil registry office employees refuse to register a marriage without registration is illegal. Such an action is illegal. Therefore, it is possible to register an official marriage without registration and obstacles.
The union is registered in the personal presence of the spouses one month after submitting an application to the registry office. For good reasons, such a period can be adjusted - reduced or increased. In the event of pregnancy, the birth of a child, or a life-threatening situation for one of the persons, marriage can be concluded during the period of filling out the application. What documents are required to submit an application to the registry office?
List of documents:
- statement;
- passports;
- check payment of state duty for marriage registration.
For non-standard situations described below, it is necessary to provide the following documents in addition to the previous package:
- for divorced people - a certificate of termination of the marriage union;
- for widows or widowers – death certificate of the spouse;
- for registering a marriage under 18 years of age - permission from local authorities or recognition of a person under the age of majority as fully capable (from 16 to 18 years);
- for stateless persons and foreigners - a document that confirms the absence of barriers to registering a marriage on the territory of the Russian Federation. Stateless persons should contact the consulate of the country where they permanently reside. Foreigners can be provided with such a document by the competent authority of the country of which they are citizens.
Important: As you can see, both its citizens and citizens of other countries, and even stateless persons can register an official family union on the territory of the Russian Federation. All foreign documents must be translated into Russian and must be notarized.
How to apply?
An application for marriage registration is prohibited from being submitted through third parties; it is provided only by potential newlyweds. If there is a good reason for the absence of one of the partners, the application may be submitted by the other. In this case, not one, but two documents are drawn up, a copy of which, certified by a notary, must be provided by the absent person. For your convenience, there are several ways to submit an application for marriage:
- directly at the registry office;
- through the official website - the government services portal.
The application for marriage has a single form approved by the Government of Russia.
Submitting an application - basic nuances
The basis for registering a family union is an application (Article 24 of the Federal Law on Acts of Civil Status) submitted by the couple in person, through a representative or electronically. The form of this paper can be obtained from the registry office, and it is also available for downloading on the portal of state and municipal services.
In accordance with the norm, the contents of this document are as follows:
- it necessarily records that persons enter into marriage by mutual consent and confirms the absence of circumstances that make registration impossible (more on them below);
- personal data (full name of the bride and groom before and after marriage registration, their full age, age at the time of filing documents, marital status - were not in an official relationship, divorced, widowed);
- passport document data;
- signatures of the applicants and date of preparation of the document.
The rules for registering a marriage at the registry office are such that the bride and groom must present to the specialist of the institution their passports or documents that replace them (diplomatic card, sailor’s passport, etc.), a paper on the termination of the previous union, if one was ever concluded, and receipt for payment of state duty.
The amount of the state duty is regulated by the Tax Code of the Russian Federation and in 2016 is 350 rubles. A receipt for payment of the fee can be obtained directly from the registry office or found on a single portal.
For one reason or another, young people do not have the opportunity to appear together at the government agency and submit a joint application. In this case, the law allows the presentation of papers by a representative, in which the applicant’s signature is notarized, by the second spouse. Official identification is not required if documents are submitted online.
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In accordance with Art. 27 of the relevant law, a family union can be registered 30 days after submitting the relevant application.
There are exceptions to this rule, so officials can reduce this period for good reasons:
- bride's pregnancy;
- birth of a child;
- the presence of a threat to the life and health of persons entering into marriage;
- other reasons (conscription for military service, departure on a business trip).
Reasons why a couple may not be married
An analysis of the legislation (Articles 12-14 of the RF IC) suggests that the civil registry office may refuse to register a union for young people if:
- it becomes known that the marriage is forced;
- 1 or both future spouses have not reached the established age and have not submitted documents giving them the right to sign;
- the bride or groom has not dissolved the previous union;
- the couple is close relatives (these are parents and children, grandparents and grandchildren, adoptive parents and adopted children, siblings or half-brothers and sisters);
- the newlyweds are incapacitated (or at least 1 of the couple).
In addition, marriage registration can be canceled or postponed by a decision of the court or law enforcement agencies if the relationship is legitimized by a person against whom a criminal case has been opened, if there are facts indicating that the registration will complicate the investigation or make it impossible.
Are witnesses needed when registering a marriage?
Can a marriage be registered without witnesses? Of course yes, because in our time witnesses at a wedding are more a tribute to tradition than a necessity. The law does not at all provide for the presence of outsiders other than the newlyweds and a representative of the registry office during the registration of the union. However, if a couple wishes to marry with witnesses, it is worth remembering that:
- You can choose any person (even a relative, preferably an adult) as a witness.
- Usually a man is chosen from the groom's side, and a woman from the bride's side.
- Witnesses are not required for the official registration of a marriage and do not bear any legal responsibility or rights.
Despite this, humanity is accustomed to assigning a number of wedding responsibilities to witnesses, namely:
- Responsible for all registration documents, as well as wedding rings.
- Solve emerging problems.
- Monitor the appearance of the newlyweds.
- Entertain guests and be the most active couple of the wedding party (which is not always true).
Important: If a couple chooses a non-solemn registration of marriage, it is worth knowing that representatives of the registry office may well not invite witnesses to a specially designated place for painting. In this case, in order to avoid an unpleasant surprise, you should refuse them in advance.
Functions of registry offices
Photographing newlyweds and guests near the registry office
In cases of birth, judicial divorces and deaths, the registry office performs only the function of officially recording the fact, issuing relevant state-issued certificates only on the basis of the documents presented (medical records of birth or death, or a copy of the court decision on divorce). In the case of marriage, as well as some divorces of spouses, the registry office performs, in addition to the registration itself, the function of transferring citizens from one civil status to another.
The procedure for state registration of marriage: how the procedure works
It is the couple who is going to officially legitimize the relationship that has the right to choose the date and free time of registration when submitting an application. What is the procedure for registering a marriage at the registry office? The Svadbaholik.ru portal will tell you about all the stages:
- The wedding ceremony takes place in the presence of both newlyweds with passports. If the newlyweds register their marriage within the walls of the civil registry office, the employees undertake to create a solemn atmosphere. Newlyweds have the right to choose the best registry office to apply and register their marriage, even in another city in Russia.
- The personal data of the persons getting married is verified and the voluntariness of their intentions is clarified.
- A marriage certificate is drawn up in 2 copies.
- A marriage registration certificate is issued.
Changing your last name: nuances
Newlyweds, at their own request, can leave their premarital surnames, take the surname of their partner, or opt for a double surname - adding the surname of their spouse to theirs.
Important: If the spouses decide to change their last name, a stamp indicating the change of document must be placed in the passport within a month. Otherwise, after 30 days, the passport with the old data will be invalidated.
How much does it cost to apply to the registry office?
According to the provisions of Federal Law-143 and Article 333.26 of the Tax Code of the Russian Federation, the state duty is 350 rubles. Either party can make a payment. However, it must be remembered that persons who meet the following requirements can enter into marriage:
- age from 18 years (this threshold can be lowered individually in case of pregnancy);
- absence of marriage ties at the time of submitting documents.
Along with the receipt, passports and a marriage license (if one of the parties is under 18 years old) are submitted. The application must be written in the presence of a specialist from the Civil Registry Office.
You can apply for registration of relationships through the State Services portal. Today it allows you to make cashless payments. In this case, there will be a 30% discount, that is, the amount of the fee will be 245 rubles.
Heroes of the USSR and the Russian Federation, as well as full holders of the Order of Glory, are exempt from payment. But they need to provide documents confirming their status at the time of applying for marriage.
