Every year more and more women want to arrange their destiny by tying themselves with the knot of Hymen to a foreigner.
Why international marriages are gaining popularity is still an open question.
But what nuances does such a marriage entail? What should future spouses remember and what should they pay attention to? Marriage with a foreigner in Russia – what documents are needed? We will talk about all this in detail in this article.
Where to register a marriage: dividing foreigners into categories and applying to the registry office
Registering a marriage with a foreigner in Russia is quite difficult. This is not only about preparing an extensive package of documents and agreeing on a large number of national issues. The place where the marriage is registered plays a huge role, since not every registry office has the right to take on such responsibility.
Based on this, the best solution is to hold a wedding in Moscow, since it is in the capital that most foreign diplomatic missions are located. Certain rules apply to persons with a different citizenship. Depending on the foreigner’s homeland, he falls into one of two categories:
- Category 1 - for citizens from former Soviet republics that are now part of the CIS;
- Category 2 - for all other foreign citizens, including residents of the Baltic states.
Persons belonging to the first category have the right to register a marriage in any registry office in our country. For other citizens who are included in the second subgroup, there is only one option - registration in the central wedding palace No. 4, located on Butyrskaya Street. All other institutions cannot legalize such marriages because they do not have the legal authority to conduct the ceremony.
Another option for a wedding is to contact the diplomatic mission of the groom’s home country. In this case, the ritual is carried out in full accordance with its orders and laws.
In addition, to legalize such a marriage in our country, it is necessary to obtain a marriage permit with a foreigner, which is issued by authorized organizations after a thorough double-check of all documents.
How is marriage with foreigners regulated in Russia?
The conclusion of marriages between Russians is regulated by the country's family legislation. If we are talking about marriage with a foreigner, then the legal norms of several states apply. The registration procedure itself is subject to the laws of Russia. The procedure and deadlines for filing an application, marriage ceremony, and documentary evidence of the creation of a new family are established by the provisions of the Law “On Acts of Civil Status” (hereinafter referred to as the law) and the Family Code (hereinafter referred to as the RF IC). For each spouse, the norms adopted in their home country apply (Article 156 of the RF IC). For example, the age for marriage may vary in different countries. However, the laws of a foreign state should not come into serious conflict with Russian legislation . Thus, in Russia it is prohibited to enter into marriage unions between any persons under the following circumstances:
- one of the future spouses is already married;
- incapacity due to mental illness (disorder) has been established in relation to one of the future spouses;
- persons wishing to enter into a union are close relatives, siblings or half-brothers;
- persons wishing to marry are the adoptive parent and the adopted child.
The listed circumstances, unlike the age of consent, cannot be reviewed or changed. Thus, if polygamy is allowed in a man’s homeland, this does not mean that he can officially marry a second time in Russia.
Russian laws do not prohibit marriages with citizens of other countries
Required documents
- The foreigner takes with him a foreign passport and a translation of the passport into Russian. In this case, the translation of the passport is certified by the country's consulate. If it is not possible to get to the consulate, then the translation is done by a notary.
- Take a certificate confirming that your significant other is not married to another person. This is prohibited under Russian law. The certificate is certified at the consulate, and a translation into Russian is made there.
- Apply for consular permission. In some countries, it is a rule that upon marriage, the consulate gives official approval and permission for this union. Find out this point before submitting an application to the registry office. If permission is required, take it with you to the registry office.
- Save the death certificate. If the bride or groom has been previously married, then a divorce or death certificate from the previous spouse will be required. All documents are translated according to the rules of Article 27 of the Law of the Russian Federation “Consular Charter of the Russian Federation”.
- The foreigner provides proof that he legally lives in Russia. If you have a visa, great; in other cases, a residence permit or permit that gives the right to temporary residence is suitable.
- Get permissions. The laws of some countries require specific certificates and permits, certificates of legal capacity to marry.
- According to American laws, both spouses receive a health certificate. This measure helps prevent the transmission of genetic diseases to children. Check this point yourself in advance.
- Get a certificate from prison. There are states that require you to provide a certificate confirming your lack of criminal record.
- Take the documents for the child. If a foreign citizen arrives with a child, then he will need to take with him a birth certificate and the consent of the second parent to leave.
- A receipt for payment of state duty is required. Throughout 2021, the fee will be 350 rubles, which can be paid at any Sberbank branch. If you fill out an application through the government services portal, then the state fee is 245 rubles.
Article 24 of Order No. 412 of the Ministry of Justice of Russia contains a list of documents that are required. Civil registry office employees often ignore this order and demand additional certificates. If you have the time and desire, appeal such actions that violate your rights in court.
It is easy to obtain documents in those countries where Russian is recognized as the state language. In these countries you will not have to make a separate translation; certificates will be immediately issued in Russian. These countries, besides Russia, include: Belarus, Kyrgyzstan, Kazakhstan, South Ossetia, Abkhazia, and the Transnistrian Moldavian Republic.
In addition, documents will have to be certified with a special apostille to confirm their authenticity - the rule applies to countries that have joined the Hague Convention. If the second spouse comes from a former Soviet republic, then you can only have it certified by a notary. A simplified procedure also applies to the Baltic countries.
Most documents are valid for 3 months. If a foreigner has already been married, then he is required to provide a certificate confirming that the marriage has been dissolved.
If you are planning to get married in another country, the list will be similar, only now you will have to get it certified by the Russian Ministry of Foreign Affairs and a notary.
Example: Oksana and Albert want to get married in Moscow, both newlyweds were previously married and divorced. Only Oksana is a citizen of Russia, and Albert is a citizen of Georgia. For the marriage to take place, Albert must bring a divorce certificate with a translation and an apostille. Oksana does not need to take such a document with her; all information about her is in the registry office.
Sample application for registration of marriage with a foreigner
When all the documents have been collected, sign and fill out the application form No. 7 and bring it to the registry office.
Below we have attached a sample that you can study and fill out an original application based on it.
Features of an international marriage union
The procedure for registering a marriage with a foreigner on the territory of the Russian Federation is regulated by the RF IC dated December 29, 1995 No. 223-FZ. The union can be officially registered only at the civil registry office, subject to certain requirements and procedures.
A marriage performed according to any religious rites has no legal force in Russia.
The conditions for marriage are determined by the legislation of the two states. Basic requirements for those wishing to create an international union:
- reaching marriageable age;
- voluntary consent of both spouses.
Procedure and registry office
- Invite a translator. As mentioned above, a translator with a diploma and special permission must be present at the marriage registration. Of course, this rule does not apply to citizens of Ukraine and Belarus. But a citizen of Germany or the USA must understand every word so that problems do not arise later.
- Documents are submitted to any registry office in our country. If they refuse to take the application, write a complaint against the actions of the employees or go to court.
- Both spouses come with passports. They will be asked whether they are ready to get married and whether the decision is voluntary.
- Take care of your citizenship. After marriage, your citizenship will not change, remember this.
- In the foreigner's country, the marriage may not have legal force. Double-check that all requirements are met. For additional insurance, contact a lawyer. Some countries require additional permission to register a relationship.
- Remember that the United States is sensitive to marriages in other countries. A fictitious marriage threatens with serious consequences, including criminal punishment. If the authorities have suspicions, the second spouse may not even be allowed into the country and will not be issued a visa. Perhaps in your situation it is easier to register your chosen one in the country and then legalize it in Russia. To legalize a marriage (recognize it as legal), it must meet all the requirements of Russian legislation.
- Some states send a special invitation to officially register relations. Before this, a database check is done to ensure the sincerity of intentions.
- Follow the law of both countries. If, after registering the marriage, the couple lives in Russia, then both spouses must comply with the requirements of our legislation.
- If a child is born, citizenship is assigned according to the laws of the country where he was born. At the same time, the views of parents will also be taken into account.
Is it possible to apply without a fiancé?
If a foreigner cannot come in person to submit the application, it doesn’t matter! Ask him to contact the Russian Consulate, where they will help him notarize his part of the form. After this, such a form must be sent by mail to your name. When you receive the letter, take the form signed by the notary and your application to the registry office.
The employee will check everything carefully, and she will also ask for a certified copy of your fiancé’s passport and the original of your passport. If everything is in order, then you will be given a wedding date.
Example: John is a US citizen and now lives in New York, and Marina lives in Moscow. They want to formalize the marriage in Moscow, they have all the documents collected. They can submit the application in person, if John comes to Moscow, through the consulate or through a representative in Russia, for whom John will issue a power of attorney.
Expedited registration
There are situations in life when it is not possible to wait even a month until your relationship is officially registered. According to our legislation, a wedding can be scheduled on the same or the next day if:
- The bride or groom has been seriously ill for a long time.
- The bride is expecting a child from the man she is going to marry.
- The groom is sent on a long business trip for several months or years.
- The groom works in a dangerous industry or serves in a hot spot.
If one or more of these circumstances affect you, tell about it at the consulate or registry office (depending on where you plan to sign) and ask to schedule the wedding in the coming days. But do not forget to provide evidence, such as a pregnancy certificate of the bride or a medical certificate of illness.
Example: Natalia and Nicholas cannot wait for several months, since Natalia is 8 months pregnant. In such a situation, the marriage can be formalized on the same day.
Responsibilities and rights of spouses after registration
After marriage, the most crucial period begins - the marital relationship itself.
And here many newlyweds are faced with the question of what rights and responsibilities they now have to each other. What does the law say on this topic?
The legislation clearly states the following: after marriage, the rights and obligations of the spouses are regulated by the laws of the country in whose territory they will live together.
If Russia becomes this country, it will be Russian legislation, even if both spouses are foreigners living in the territory of our country.
According to the law, there are two regimes regarding the division of property acquired during marriage:
- contractual regime - it is established in the presence of a notarized marriage contract, which describes all the rights and obligations of the spouses;
- joint regime - in which all property is considered common.
When a couple gives birth to a child, he is assigned citizenship depending on the existing agreement between the parents. It can be Russian, foreign or double.
The best way to protect your rights and clearly regulate your responsibilities is to conclude an official marriage contract between spouses. It will help to foresee all the nuances that may later entail a divorce.
It is worth remembering that most Europeans clearly welcome this method of regulating marriage relations, and it is familiar to them, so you are unlikely to offend your spouse by proposing to conclude such a contract.
A marriage contract should be drawn up by a trusted family law lawyer, taking into account all the nuances, including the divorce clause.
Remember that marrying a foreigner is easier than later divorcing him - especially on the territory of our country.
Property relations and marriage contract
This issue is regulated by the Family Code; Article 161 states that property relations are regulated by the legislation of the country where the spouses live.
Laws are different everywhere, so it is better to conclude a prenuptial agreement that will help protect yourself after a divorce. In this matter, it is better to seek help from a family law attorney. This should be your personal or trusted lawyer. After this, an official translation is made and a contract is signed in the presence of a notary, who certifies the documents. The prenuptial agreement cannot describe conditions related to children.
Paper requirements
- All documents in a foreign language must be translated into Russian by a certified specialist. This applies to both the text part and graphic seals and stamps.
- A foreigner must have the translation certified at the embassy of his country, the Ministry of Foreign Affairs or a notary, and then affix an apostille (for CIS citizens, only the translation is sufficient).
- Apostille is an official stamp confirming the legal validity of a document in another state. Placed directly on the document or a special attached form and exclusively on the territory of the country where the document was issued or executed. This procedure is handled by the Ministry of Foreign Affairs and a department of the Ministry of Justice.
Pros and cons of marriage with a foreigner
The obvious advantages of registering a relationship with a foreigner include:
- There is an opportunity to obtain citizenship or the right to live in the country of the other half.
- If you have children, you can give them two citizenships.
- In many countries the standard of living and wages are higher.
- Perhaps the spouse is from a country with a good climate - this is so lacking in most of our country.
- There will be a chance to better study another culture and language. The circle of communication and acquaintances will expand.
- Contracts with people from other countries will help expand your business or create a new one.
- There will be an opportunity to receive foreign education.
- Children will be able to learn different languages from birth.
There are also disadvantages that need to be taken into account:
- You may not get used to the traditions of another country.
- You may have difficulty learning the language.
- Another country will have an unusual climate.
- They can regularly check whether the relationship is fictitious.
- In some countries, you may not be the only wife (prohibited by Russian law, but you will find out when you move).
- There is a possibility that the rights will not be protected as well as those of citizens of this country.
- If a child is born, they may prohibit taking him out without the consent of the second spouse, especially during a divorce.
What conditions must be met?
In order for the marriage to be recognized as legal in both states and for there to be no reasons for refusing registration, a number of conditions will need to be met.
- The wedding will take place according to the laws of the Russian Federation.
- Fulfill the requirements of the legislation of the groom's country. These conditions depend on the country of the future spouse and may require, for example, written consent to marriage, reaching marriageable age, engagement (if this is enshrined in the law of the groom’s country), and obtaining the blessing of parents.
- Future spouses must not be married. A Russian woman cannot be the wife of a man if he is a citizen of a country where polygamy is accepted and he already has a legal wife in his homeland. In Russia, such a marriage is not recognized as valid, even if in the country of the spouse this union is recognized as legal.
- The incapacity of either spouse, officially recognized.
- Family relations between future spouses.
- Having a valid previous marriage in your home country.
Church and civil marriages in Russia are not considered official. Only marriage and registration with the registry office on the territory of our country will give such a union official status.
To clarify all the formalities of the future marriage and recognize its validity in the country of the foreign groom (bride), contact the consulate of that country to obtain the necessary information. If a foreign citizen has dual citizenship, including Russian citizenship, he will be considered a Russian citizen from the point of view of marriage. If there are more than two citizenships and they are not Russian, the foreigner himself chooses according to the laws of which country he enters into official relations.
This is interesting: Deportation of foreign citizens: why they can be deported, how to find out about deportation via the Internet
Legalization of marriage
If you followed all the rules when you got married, then the marriage will automatically be recognized in Russia. But sometimes it may be necessary to obtain additional documents in order for the marriage to be completely legal.
Most often, 2 methods are used:
- Placing a special stamp - apostille. Most countries have long been parties to the Hague Convention. If you registered your relationship in one of these countries (for example, Spain, Belarus, Kazakhstan or Ukraine), you will receive a stamp and apostille on your marriage certificate. Now you can use such a certificate in Russia, you just need to have it translated by a notary.
- Registration through the consulate. If the country is not on the list of parties to the convention, then you will have to follow a difficult path. After the wedding, find the Russian consulate and make an appointment.
You need to take the following documents with you:
- passports of both spouses;
- application for consular legalization of documents;
- marriage registration certificate;
- a receipt for payment of the consular fee for $30 (the amount may vary, check it yourself);
We have made a sample application especially for you so that you can understand what information you need to fill out.
After checking, you will be given a receipt, which you will need to return with in a few days. Usually the documents are completed within 3-5 working days, after which you will be given a second appointment and given them back with the consulate’s stamps.
Obtaining a temporary residence permit after marriage
After registering your marriage, your new husband or wife may want to stay and live in Russia. But if they are citizens of another state, this is not so easy. First you will have to obtain a TRP (temporary residence permit). To do this, you need to fill out an application and submit it to the Federal Migration Service. If a foreign citizen passes all checks, his passport will be marked for temporary residence. This permit is valid for 3 years, but sometimes the period may be shorter - check this point immediately.
If you do not obtain a temporary residence permit, then problems with the law may arise, including deportation with a ban on entry into Russia in the future. You will need the following documents:
- legalized marriage registration certificate;
- copy of passport with notarized translation;
- divorce certificate (if any);
- copies of children's birth certificates;
- application for a temporary residence permit;
- 2 color photographs of your face measuring 35 by 45 mm;
- certificates from a doctor confirming the absence of HIV and other diseases;
- documents that confirm knowledge of the Russian language.
Marriage contract
Is a prenuptial agreement necessary? When we get married or are getting married, we want to think that this is once and for all. But, it’s one thing to think and want it, and another thing is how life will turn out. Moreover, if the other half is a foreigner and will have to live in another country. In this case, if it comes to divorce and court, the marriage contract will be the main guideline for the servants of the law. Therefore, before marrying a foreigner, take care to draw up a marriage contract that regulates property relations between future spouses.
The marriage contract must be translated into the language of the country of which one of the parties to the contract is a citizen. The signatures of the parties are certified by a notary.
Fictitious marriage with a foreigner
Such a marriage is concluded if the relationship between the spouses is not built on love, but to obtain some benefit, for example, to obtain citizenship. But according to Russian law, a marriage can be declared invalid only if:
- he was imprisoned under duress;
- one of the spouses was incapacitated;
- The groom didn’t even know that he was getting married.
But we don't have as much scrutiny as other countries. For example, if the wedding with a foreign citizen will be in America, then get ready for a long procedure. They have special workers who check whether you are vacationing together, living in the same apartment or not, and sometimes they even find out whether you sleep in the same bed with your future spouse or not. And if it suddenly turns out that your relationship is not real, the marriage will not be registered. They can also be deported from the country and banned from entering.
But in Russia, some girls even try to make money from such fictitious marriages; agencies promise them up to 300,000 rubles. Be careful and do not agree to such a procedure, because you can easily be deceived!
According to our laws, you will not be put on trial or fined, but you can punish yourself very severely. After all, all the property that you acquire will then be divided in half. Imagine if you buy an apartment or a car at this time and spend 1-2 million rubles on everything. The foreigner finds out about this and immediately files for divorce with division of property. And when the judge makes a decision, you will have to pay 50%, that is, from 500 thousand to 1 million rubles.
Application Procedure
The first thing that worries future spouses is how to submit an application to the registry office if the groom is a foreigner. It is worth noting that the procedure itself is no different from the one that Russians undergo. The fundamental difference may lie only in the set of documents. A special application form remains the same for all marriages, which will need to be filled out when contacting the registration authority.
In addition to the registry office, the consular department can also register your union, but this should only be done if Russia has signed an agreement with this state on the mutual recognition of marriage documents, otherwise you will have to legalize your relationship also under Russian laws.
If you still decide to contact the civil registration department, then remember that you can submit an application to absolutely any department. It often happens that registry offices in the periphery refuse marriages, not wanting to bother with a pile of additional documents. In this case, know that they have no legal right to do this, and therefore feel free to write a complaint.
What to do if the bride or groom does not know Russian
It may well turn out that your future spouse does not speak Russian at all. Don't panic, even in this situation you can find a way out. According to the rules, in order to apply and perform the ceremony, you will need a professional translator, that is, a specialist with a diploma, and not just any polyglot friend you know.
As proof of his competence and the right to interpret such ceremonies, the linguist will have to present a passport and a diploma of education. The registry office representative is obliged to make copies of these documents and attach them to the application. An interpreter should accompany the couple throughout the ceremony so that the foreign citizen does not miss anything he hears and understands what is happening around him.
Let's return again to the provincial registry offices: very often you can find a situation where their employees do not require the presence of an interpreter. Be aware that such actions cannot be called legal, since a foreigner may be misled by his other half. And it is generally impossible to find out from him whether he is a relative of his passion or whether he is entering into an alliance on a voluntary basis. If competent persons intervene in such a marriage, it can be dissolved very easily.
How to contact the registry office if the other half is missing
Let’s say there is a time when documents for marriage with a foreign citizen need to be submitted, but he is not yet in the country. What to do in such a situation? In this case, there is only one way out: your future spouse needs to visit the Russian consulate in the country of his residence, where a service officer will help him fill out his part of the application.
The completed form must be sent to you by mail along with a copy and translation of his civil passport, which must be notarized. Only when you receive these documents will you be able to go to the registry office and submit an application for both of you. This procedure is acceptable. But the groom will have to come to the wedding in any case, since we do not register marriages in absentia, which means that both parties must be present at the marriage ceremony.
Applying online
Since 2015, the procedure for submitting documents for marriage has been significantly simplified, thanks to the ability to set a wedding day via the Internet. To do this, future spouses just need to go to the State Services website and complete all the necessary actions.
As for couples in which one of the parties is a representative of another state, they cannot use this scheme. To submit an application online, you must be a citizen of the Russian Federation and be registered in the system. This is important because the application on the website will also have to be filled out by both the bride and groom. And, alas, it is not yet possible to be a user of the portal, having the citizenship of another country.
Thus, the future “cell of society” can apply with an application only in the usual way - to the registry office.
Is it necessary to confirm the marriage in the country of a foreign spouse?
A marriage concluded in Russia often has to be legalized abroad .
Without this, a woman will be considered unmarried in her country, and a man will be considered single. Sometimes marriages, according to a foreign Family Code and legalized in another country, are recognized as invalid in the Russian Federation. This applies to same-sex unions, as well as wedding ceremonies in the Catholic Church. There are also opposite situations in which Russian marriages do not want to be recognized abroad. Therefore, legalization of a marriage certificate in the Russian Federation is required. Only under this condition will the document have legal force abroad.
Foreign documents must be legalized in order for them to be valid in the Russian Federation. This area is regulated by the Hague Convention of 1961, the Minsk Convention of 1993, and individual agreements between Russia and other countries. A party to the Hague Convention can simply get an apostille, or a special mark. In other situations, the procedure becomes more complicated; certification is required from the Russian Ministry of Foreign Affairs.
Consular legalization is also possible. It consists of translation and certification of documents in justice and the Ministry of Foreign Affairs of the Russian Federation, and later - in the consulate of the spouse’s country. Such legalization applies exclusively to the state of the second spouse.
Citizens of the countries of the former USSR that have joined the Minsk Convention are not required to legalize their documents. If they were not originally written in Russian, only a certified translation will be required.
Latvia, Lithuania and Estonia have not joined the Minsk Convention, but the Russian Federation has signed special agreements with them. Accordingly, their citizens also do not need to legalize documents.
In another state, they may require some other documents, including a birth certificate and proof of a good criminal record. The legalization process itself is often delayed. So, in Israel it takes up to 5 years.
Advantages and dangers of international unions
Many Russians, especially women, dream of marrying a foreigner. Such a union provides a lot of interesting opportunities, including learning another language, culture, and traveling abroad. But the international union promises not only joy. Due to the difference in traditions, not in all countries a marriage officially registered in Russia is considered legal and correct. And this entails difficulties in communicating with the spouse’s relatives and serious problems during divorce. Most often, difficulties in such unions arise when there is a desire to divorce, when the question of property and raising children arises. Especially if after the wedding in Russia the spouses moved to another country. Very often in such situations, a foreign spouse tries to leave his other half without property, the opportunity to return with a child born abroad to his homeland, or even without communication with him.
Russian legislation allows both marriages of Russians with foreigners and unions between foreigners on the territory of the country. If you want to enter into an international marriage, it is important to remember the peculiarities of its conclusion (registration). In addition, you should familiarize yourself with the traditions, rules of conclusion and other provisions of the family law of the home country of the future spouse.
- Author: ozakone
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Main reasons for refusal of registration
An application with a set of documents attached to it is sent to the registry office 30 days before the planned date of the wedding, or even better, leave 2 months in reserve. This precaution is due to the fact that it may take time to resolve emerging issues. So, registry offices do not often refuse to paint young people.
Reasons for refusal vary:
- the foreigner did not divorce in his own country;
- relatives, even distant ones, are getting married;
- one of the couple is incompetent due to mental illness, which is confirmed by an official document;
- people do not meet the minimum age for marriage;
- the rights of a foreign citizen are violated;
- the groom comes from a state where polygamy is legal, and he has a wife or several wives in his homeland.
Marriages in Russia are registered taking into account current legislation. However, the foreigner does not obey him, because he is a citizen of another state, which has its own rules. The rights of a foreigner entering into a marriage must be respected, as well as his national traditions. Therefore, you should first contact the embassy, where specialists will provide comprehensive advice.
State fee for marriage registration
To marry a citizen of another country, you need to pay a state fee, since this is a public service. Only people with 1st and 2nd disability groups are exempt from it.
The state fee for registration with a foreigner is the same as for registration with a Russian - 350 rubles. per person, or 700 rub. from a couple. The receipt can be obtained directly from the registry office, and payment must be made before the wedding. This can be done either in cash at the bank or by non-cash method, including through the State Services portal - this is convenient, but also provides a 30% discount , but preliminary identification confirmation is required. The receipt should be kept and given to the registry office staff.