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Published: 10/15/2016
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A wedding day is memorable for any family. Each couple remembers not only the celebration itself, but also the “paperwork” that preceded it.
This includes choosing a registry office, determining the registration date, and submitting documents. It is worth familiarizing yourself with these and other legal nuances before going to the registry office in order to save time and nerves.
- Where are marriages registered?
- Peculiarities of registering a marriage with Russians
- With foreigners
Where are marriages registered?
For the state, marriage is a legal concept that lies within the realm of family law. A family is a mutual union of a man and a woman (monogamous), concluded in accordance with the procedure established by law.
From the moment of marriage registration, spouses have equal rights and responsibilities towards each other and future children.
This applies not only to property relations, but also to moral obligations.
On the territory of the Russian Federation, only official unions - civil marriages - have legal force..
This concept is enshrined in the Family Code. Although popularly, civil marriage is understood as simple cohabitation without registering the relationship. These concepts should not be confused. According to the letter of the law, cohabitation is called “de facto marriage”; it has no legal significance.
Wedding is also not considered a legal form of marriage.
In order for the family to acquire official status, the bride and groom must first visit the registry office, and then perform the Sacrament in the church.
Consequently, marriage registration means its state recognition
by making an entry in the Book of Deeds at the Civil Registry Office. Based on this entry, a marriage certificate is issued. It is the only evidence of a marriage, along with archival data from authorized bodies.
Only a registered marriage entails legal consequences for both parties - personal and property rights.
Creating a family union with a foreigner
Marriage with a foreign national is registered at the consular office. In order for a family union with a foreigner to be recognized on the territory of the Russian Federation, you will need to collect some documentation:
- If the marriage relationship is registered in one of the countries party to the Hague Convention, then the newlyweds should contact a government agency to obtain an apostille for the document establishing the marriage union. Next, you should translate the official document and have it certified by a Russian notary.
- If the state is not a party to the Hague Convention, then you should contact the Russian Consulate, provide the necessary documentation for marriage recognition and pay consular services in the amount of $30. Applicants will be given a receipt with instructions for further action.
Features of marriage registration
With the Russians
Citizens of Russia can register a marriage at any registry office throughout the country.
You can submit your application to the desired department, regardless of your place of residence. The marriage is formalized on the appointed day in the registry office or outside by an authorized employee in a solemn ceremony.
With foreigners
Registering such an international union is more difficult; you will have to comply with the requirements of the Russian Family Code and foreign codes of laws (age of consent, parental consent, pre-engagement, etc.). On the territory of Russia, marriages are registered exclusively under Russian law. Therefore, the bride and groom go through the usual registration procedure at the registry office. The foreigner will have to prove that all conditions from his state for marriage have been met. The exception is citizens with dual citizenship - one Russian. Then the foreigner will be considered a Russian citizen.
To register a marriage with a foreigner (in frequent cases), the participation of foreign consulates and embassies and the availability of the necessary documents on their part are required.
Therefore, it is most convenient to conclude such an alliance in Moscow, where there are diplomatic offices of almost all countries.
When registering a marriage in Moscow, foreigners are separated by law:
- citizens of CIS countries;
- citizens of the Baltic states and countries outside the expanses of the USSR.
The first to register a union can apply to any registry office in Moscow, and the second can go to Wedding Palace No. 4 and only there (other branches will not accept applications from citizens of non-CIS countries).
It is also possible to register an international marriage in a diplomatic
representative office of the country where one of the future spouses is from. But this will require compliance with the laws of that state on the Russian side. It will be necessary to draw up an international act that will legalize such a marriage on the territory of the Russian Federation.
If the future spouse is a Muslim, who is allowed to have several official families in his country, then on the territory of the Russian Federation the law prohibits him from marrying a Russian citizen as a second wife.
Is it permissible to submit an application to several registry offices?
Some couples, who have not yet decided on the choice of place for the wedding ceremony, plan to submit an application for marriage registration to several registry offices at the same time.
According to the rules approved in the Family Code of the Russian Federation, such a decision does not contradict the laws of Russia and other regulations. Thus, young people have the legal right to submit a set of documents for marriage registration to several authorities at once.
Is it possible to change the registry office after submitting an application?
It is not possible to change the location of the wedding day after submitting an application. Registration of a young family is completed by the government agency where the application was submitted by the future spouses.
If the bride and groom decide to register their marriage in another civil registry office, they can inform the authorized civil registry office employee in advance about their decision. Registration for the selected date will be canceled, which will allow other young couples to hold a wedding celebration in the free time.
How to get married in another city?
It happens that Cupid's arrow strikes far from his home - in a foreign land. What to do if you want to get married in a foreign city? If this is a “happy” place in Russia, there are no problems. The law allows the filing of an application regardless of the registration of future spouses.
The only difficulty is that the registry offices of Moscow and St. Petersburg require a temporary registration document (more than 3 months). Otherwise, the application and registration procedure is standard for all localities in Russia.
Carrying out a wedding ceremony outside the Russian Federation
Citizens of the Russian Federation living in Russia and wishing to get married abroad can choose two options:
- official wedding;
- symbolic wedding ritual.
When choosing the first, you need to decide on the state that will officially register the union and issue the relevant documents. If the marriage takes place in compliance with all the rules of a foreign state, then there will be no problems with the recognition of such a union as legal in Russia.
The second option means that the newlyweds, having received a marriage registration certificate in Russia, go on a honeymoon and hold a wedding ceremony there according to any scenario.
Weddings according to national customs, ceremonies on the seashore or, conversely, in extreme conditions are popular. This procedure is not accompanied by the issuance of documents and does not entail any consequences other than pleasant memories.
If citizens of the Russian Federation permanently reside in a foreign country, then they can contact Russian consular or diplomatic institutions, where the marriage will be registered.
Based on the results of the ceremony, a standard certificate will be issued. When one of the lovers is a foreigner, and they want to have a wedding in his homeland, a citizen of the Russian Federation should not worry.
If the marriage does not violate the family law of that state, then such a union will be officially recognized in Russia.
Marriage registration documents issued abroad will need to be legalized in Russia. Depending on the country in which the wedding took place, one of two methods will be available: simplified or consular legalization.
Simplified legalization means affixing an “apostille” stamp on a marriage document by a foreign authority.
In order to use such a document in Russia, you will need to have it certified by a notary.
Consular legalization involves applying to consular offices located in the country of registration of the marriage. Five working days after the application, a legalized document will be issued.
Marriage abroad has a number of features. But if you comply with the laws of foreign countries, then there will be no problems with the recognition of such a marriage in the Russian Federation. With the exception of marriages of same-sex partners. Such unions are not yet recognized in Russia.
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How many times can you “ring”?
Citizens have the right to enter into as many marriages as their heart desires and as much as their wallet can handle.
Men and women have equal rights in this matter. You can also go to the registry office with the same person an unlimited number of times (got married, got divorced, got married again, etc.).
The only limitation is state-recognized monogamy in marital
question, that is, a new marriage can be entered into only after a divorce. And no exceptions.
In 2003, the initiative of one of the Russian deputies was discussed - to limit the number of permissible marriages.
It was proposed to allow Russians to go to the registry office no more than three times. And if you feel the urge to enter into a fourth union, then only with the permission of the court for extenuating circumstances. The goal is to instill in citizens a serious attitude towards marriage and reduce divorce statistics. But the initiative did not find support.
An American is still considered the record holder for the number of marriages - 104 women became his official chosen ones.
Casanova went by 50 different names.
Medical examination of persons entering into marriage in Russia is carried out by agreement of the parties. When submitting an application for marriage registration, you must pay a state fee. You can read about the payment procedure and amount in our article.
You can change your surname at any time, even after marriage. You can find out how to do this here.
Documentation
To obtain a marriage certificate, follow these simple tips. You will need:
- passports and photocopies of future spouses;
- application for marriage registration;
- receipt of payment of state duty;
- marriage license (for minors);
- certificate of divorce (for those who were already married).
State fee calculator for marriage registration: | |
Where will you pay the duty? | |
Who will pay the fee? | |
Name of the fee | Regular fee | Amount of duty when paying for government services |
Registration of marriage and issuance of a certificate | 350 rubles | 245 rubles |
See how to fill out all the fields correctly to avoid mistakes.
How to register a marriage not at the place of registration or, in general, without it, site visitors ask us. Some also have conflicts with registry office workers. This happens especially often in Moscow registry offices. There are cases when they require temporary registration. Sometimes they say that marriage can only be concluded at the place of registration of one of the spouses.
Prepare all the documents that we indicated at the beginning of the article. After this, you can safely go to the registry office. Say that you want to register your marriage and give the employee your passports, application and other documents.
These are, of course, completely illegal demands. If the registry office does something like this, be sure to ask for a written refusal. If you are not given a written refusal, contact the court immediately. Remember that the rules established by the Family Code apply throughout the country. There can be no exceptions for Moscow or St. Petersburg.
Marriage registration period calculator: | |
Are you the groom or the bride? | |
Is the bride pregnant? | |
If pregnant, what is the due date? | |
Does the bride or groom have a serious illness? | |
Do you have a child together? | |
List of required documents for marriage registration and their execution
Today, marriages between Russians and citizens of other countries do not surprise anyone. At the same time, to legalize them one has to go through a rather long path, consisting of many bureaucratic conventions and nuances. One of them is documents for marriage with a foreigner, which must be submitted to the civil registration authority. They look like this:
- passport of a foreign citizen and its photocopy;
passport of a foreign citizen
- a certificate from the embassy confirming the absence of any reasons preventing the registration of relations;
- a permit to enter the territory of the Russian Federation or a residence permit, proving the legality of a foreigner’s stay within the country (does not apply to representatives of countries from the visa-free list);
- divorce certificate (if the foreigner was previously in a legal relationship with someone in his home country);
- certificate from the place of residence of the foreigner;
- receipt of payment of state duty.
The absence of at least one of these documents makes marriage impossible.
Moreover, all certificates, certificates and other papers must contain a translation into Russian, which is certified by a notary and marked with an apostille.
Citizens of former Soviet republics can submit documents without a special mark.
How to cancel marriage registration at State Services
Currently, submitting an application for an official marriage using the State Services portal is commonplace. However, it may happen that a couple, having sent an application and scans of accompanying documents through their personal account, decides to change their mind and refuse to register their marital relationship. How to cancel an application to the civil registry office at State Services in this case?
This is easy to do, the procedure is as follows:
- You need to go to your personal account and find the “Application” item in the notification feed.
- Having opened the corresponding document, you should select the “Cancel application” action in the menu on the right. Once the change is confirmed, the marriage registration application will be cancelled. There is no need to state the reason for canceling the application.
Processing a cancellation application takes about 2-3 hours. If during this time the citizen changes his decision again, that is, decides to register the marriage, the application to cancel the application can be deleted.
When canceling an application for marriage registration, it should be taken into account that it will not be possible to restore it.
You filed an application and changed your mind about getting married - is it necessary to withdraw the application?
It may happen that citizens submitted an application to the registry office and changed their mind about getting married, but do not have the opportunity to come to the registry office and write an official refusal to register. Is it necessary to withdraw the application from the registry office? Doesn’t current legislation provide for penalties for failure to notify government agency employees about the refusal of marriage?
Domestic legislation does not provide for a fine for this, or any other liability. If the couple changes their mind and simply does not come to the registry office to register the marriage, it will simply be cancelled. However, it should be understood that timely notification will give other couples a chance to formalize their relationship in a shorter time.
Is it possible to get married without registration of one of the spouses?
Registration for marriage registration is not a prerequisite
In today's realities, some young couples are seriously faced with the question of whether they will be able to register their marriage without having a residence permit.
The relevance of this topic is largely provoked by the actions of registry offices, which often refuse to register family relationships due to the lack of registration of one of the citizens. But is this legal? Let's figure it out.
Firstly, we immediately note that the registry office’s refusal to register a marriage is possible only in the presence of circumstances regulated by law. In the list of such, the item “Lack of registration for one of those wishing to register a marriage” is simply not present, so refusal for this reason is completely illegal. That is, any person with Russian citizenship has the right to register their marriage in their place of current residence and the issue of registration is completely unimportant here.
Thus, the refusal of the registry office due to lack of registration is an unlawful action. In a situation where there is such a violation on the part of government agency employees, citizens wishing to register a marriage can:
- Withdraw the application for marriage registration and go to another registry office (if there is time for this).
- Intimidate the registry office employees with legal proceedings and proof of their innocence by referring to the relevant legislative provisions.
- Go to defend your rights and freedoms in court, and also demand compensation from the registry office for moral and material damage.
By the way, all the actions described above take place and are completely legal, so you should not be afraid of their implementation.
Is it possible to postpone the date of marriage registration if the application has already been submitted?
The procedure for state registration of marriage and its rules are regulated by articles of the Family and Civil Codes of Russia, as well as clauses of the Federal Law “On Acts of Civil Status” and other valid legal acts. According to current Russian legislation, marriage is carried out in the personal presence of people entering into a union, after the expiration of one month from the date of filing the application with the Civil Registry Office (clause 1 of article 11 of the RF IC and clause 2 of article 27 of the Federal Law of November 15, 1997 N143 -FZ “On acts of civil status”).
However, heads of departments are given the right to change these deadlines if serious circumstances arise for a potential married couple, or taking into account the grounds specifically prescribed in legislative acts. Moreover, the waiting period for a wedding date after submitting an application to a government agency can be increased or shortened.
You can change the date of marriage in almost any force majeure situation by providing the registry office employees with documents confirming this fact.
Moreover, it happens that during the “season” of weddings (summer, autumn), the registry office itself is forced to extend the wait for the official registration, which, fortunately, cannot last more than a month. Postponement of the wedding to a closer date is possible up to the day of application, and to a later date - for a maximum of one month.
That is, the total period from the moment the application is accepted at the registry office until the wedding day cannot exceed two months.
The same rule applies in a situation where the application was submitted by a couple two months before the day of the planned wedding, for example, through the State Services website or due to a large number of people wishing to legalize the relationship.
If it is necessary to postpone the wedding for more than two months, the future married couple will have to re-submit an application to the registry office and re-pay the state fee.
How many days in advance do I need to submit an application to the registry office?
The application must be submitted at least 30 days before the expected wedding date. Civil registry office employees can double this period if any documents raise questions in their minds.
When marriage registration may be refused - reasons
There are a number of situations in which civil registry office employees do not have the right to accept an application. Sometimes a refusal to register a marriage occurs after the application has been accepted, which means that circumstances have become clear that legally prohibit one of the couple from marrying.
Reasons for refusal established by law:
- The newlyweds are closely related in a direct line or have a common biological parent.
- One of the newlyweds is the adoptive parent of the second. These relationships fall under closely related relationships due to moral and ethical standards.
- Documents confirming the official breakup of the previous marriage were not presented.
- A court ruling on the incapacity of one of the spouses. This is done to protect people who are not responsible for their actions and cannot make decisions objectively.
- One or both applicants are under the influence of alcohol or drugs.
- Threats by one of the parties in order to register the marriage. In such a situation, employees refuse and inform law enforcement agencies.
If the couple considers the refusal to be unmotivated, then an official petition is submitted regarding the reasons for rejecting the application. Civil registry office employees must, within a month, provide a certified document with clear wording and references to legislative acts prohibiting marriage.
This decision can be appealed to higher authorities or in court.
Registering a marriage is always a joyful event, but in order to officially become spouses, you need to submit an application in advance. And also provide all supporting documents that both future spouses have the right to marry.