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Published: March 23, 2017
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Marriage is a legalized voluntary union of a man and a woman, giving rise to their rights and responsibilities towards each other.
The decision to get married can be either deliberate or spontaneously taken up by the newlyweds. There may not be family or friends nearby.
How can we understand whether their desire to immediately register their relationship in front of the state is feasible without the participation of other people in this process? We'll talk about this below.
- Marriage procedure
- Necessary conditions When it is impossible to register a marriage
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Do the registry office need witnesses?
Today, domestic legislation does not oblige those getting married to involve third parties in the procedure for registering relations.
Previously, the presence of witnesses in the process of concluding an alliance between partners was mandatory, but lost its importance when adjustments were made to legal acts. Now the couple can easily get by with just the desire to sign.
At the same time, inviting friends to witness the celebration is not prohibited.
If a man and woman want friends to be present at the painting, then they can find suitable candidates from their future spouse. Most often, such a decision is made during a magnificent event.
In this case, these persons help the newlyweds prepare for the procedure and conduct the wedding. If partners simply want to sign, then such actions are inappropriate.
According to generally accepted rules, there are two witnesses. One represents the husband's side, and the other represents the wife's side.
Citizens must meet certain requirements: age over 18, no official relationship.
However, the registry office employee will not check the indicated information, since there are no such requirements in the law. In addition, information about third parties present at the event is not recorded anywhere.
Witnesses do not sign at the registry office and do not draw up any papers.
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Legislative settlement of the issue
Proof that the law does not oblige newlyweds to invite witnesses to the painting is recorded in the provisions of Art. 27 clause 4 of the Federal Law “On Acts of Civil Status”. The normative document indirectly answers the question of whether witnesses are required, because the persons who are getting married must be present during the painting.
Unlike the sample marriage record in the act, which was in force in Soviet times, in the Russian Federation a similar document does not provide for mandatory signature fields for eyewitnesses.
So, based on Art. 29 of the said legislation, the following information is entered into the marriage act:
- surname (before registration and after), first names and patronymics of citizens entering into a marriage relationship;
- date and place of birth with age and citizenship;
- residential address at the time of marriage, marital status, passport details;
- signature of the newlyweds and the official registering the marriage.
Entering information about witnesses into the marriage registration record is not provided for by law.
When is the presence of third parties necessary?
Only one procedure requires the presence of witnesses - a wedding in a church. This process is also not regulated at the legal level, since this institution is separated from the state.
The rules of the ceremony are regulated by the church. The point is to receive blessings to start a family.
A wedding is a procedure far removed from legal relations. Therefore, taking certain actions and taking part in the process does not entail the assertion of marital rights and obligations.
Only the involvement of the registration authority and the preparation of an appropriate application entails legal consequences for the man and woman.
If the parties neglect the requirements of the current legislation and go only to church, then their relationship can be considered a civil marriage (cohabitation).
In such a situation, protecting the rights and interests of each party is difficult, since the obligations of the spouses to each other are not established.
How is marriage registered at the registry office without a celebration?
If, during a full wedding, the bride and groom are invited to a decorated hall with relatives and guests, then with a regular wedding ceremony you will be invited to a special office (most likely to the same place where you submitted your application) and given a document with the personal data of the spouses, which you need to check for the correctness of the information . After that, sign. Next, the employees issue a marriage certificate (this takes little time) - and that’s it, a social unit has been created.
Guests and witnesses at the mural
So we come to the question of whether witnesses are needed for non-solemn registration of marriage. It is worth noting that the office in which your marriage will take place is usually small. That is, most likely, even parents will not be allowed there. The presence of witnesses at the wedding depends on the wishes of the newlyweds. At the legislative level, their presence is not required.
If a celebration is still planned, let the guests either wait outside the registry office or in a restaurant/home.
How to dress for a wedding
Dress code
When planning a non-ceremonial marriage registration, what to wear is one of the main questions of those getting married. What is the advantage of regular painting is that there is no dress code. You can come in casual clothes (most importantly, within the bounds of decency). A tuxedo and a fluffy dress are optional attributes in this case. You can dress with your future spouse in the same style; girls can wear a white sundress/trouser suit if you still want to comply with minimal traditions.
Wedding attributes: rings and photography
It is worth focusing on the fact that all wedding attributes are only the desire of the newlyweds. At the legislative level, newlyweds are not obliged to do anything other than provide the necessary documents and complete the registration procedure itself. Therefore, registering a marriage without a ceremony is the most accurate adherence to the letter of the law, devoid of all the formalities that are supported by tradition.
But if you want to order photo or video shooting, the registry office provides this opportunity. For an additional fee (an average of 300 rubles), a staff member will capture your ceremony. Usually employees do not allow you to bring your own photographer, but you need to find out this directly on the spot.
The exchange of rings is also carried out only at the request of the couple.
Why is it necessary to bring witnesses?
In the Russian Federation, witnesses from the husband and wife play a large role. As a rule, those getting married choose their closest friends for this role.
The bridesmaid performs the following functions:
- organizing an entertainment program for bridesmaids before the wedding;
- helping the bride with choosing a dress, accessories and other things for the celebration;
- designing wedding invitations;
- assistance in preparing for union registration;
- comprehensive moral support for the future wife;
- performing the function of toastmaster if a specialist is not involved in the celebration;
- accepting gifts from those present at the event.
A male witness also has a number of functions.
These include the following actions:
- helping my husband choose clothes for the celebration;
- preparation of activities carried out before the registration of the union;
- assistance in solving financial issues;
- ordering transport for the bride and groom;
- storage of wedding rings;
- control over preparations for registration;
- participation in wedding competitions and providing all possible assistance to the witness;
- moral support of a man;
- receiving gifts.
Thus, the role of witnesses is to provide comprehensive support to future spouses. The function is of a moral nature and in no way affects the rights of the newlyweds or the procedure in the registry office.
In addition, witnesses do not bear any responsibility for the further actions of the spouses. Their participation is a tribute to tradition, and not a legal requirement.
The necessary conditions
The RF IC, which regulates family affairs, sets the following conditions for marriage:
- The bride and groom reach adulthood. Today it is 18 full years.
There is an exception to this rule. If there are compelling reasons (for example, pregnancy of a minor, loss of parents), permission from local authorities and the request of the couple, then the age of entry into a union in this case may be lowered.
As for valid reasons, there is no specific list of them in the legislation of the Russian Federation. When considering such cases, an individual approach is used.
- Goodwill of people entering into a family union. Consent cannot be expressed through other persons and is manifested only by personal presence at the registry office.
Moral or physical coercion on the part of the “other half” and other interested parties is prohibited. Parental advice in this case does not apply to coercion.
The absence of significant obstacles that could affect the life of the new family. Such obstacles are defined by a detailed list of the Family Code and represent specific legal facts.
When it is impossible to register a marriage
So, marriage is impossible under the following circumstances:
- one of the parties is already in an official union, that is, married;
- people are related to each other by family ties. The ban applies even to the adoptive parent and the adopted child;
- one of those entering into marriage is incompetent, that is, he is not aware of his own actions due to mental illness.
Only for these reasons does the registry office have the right to refuse registration to a couple. If an unlawful marriage has already been concluded, the court will declare it invalid. Only if the above requirements are met will the marriage have legal force.
Who can be witnesses at a wedding?
Weddings in our country are practiced quite rarely.
Making a union before God requires a responsible approach on both sides.
Such marriages are very difficult to dissolve, so they require complete confidence in yourself and your partner.
The presence of witnesses at the wedding is also not mandatory. But according to custom, it is they who hold the crowns over the heads of those entering into marriage.
There are a number of requirements for witnesses:
- they must be baptized and have crosses on their bodies;
- women should be in church with their heads covered, and men without hats;
- Under no circumstances should you sit down, nor should you turn your back to the altar;
- You cannot cross your legs and arms. This is considered a mockery of the sign of the cross, which is unacceptable in the church;
- before taking part in the ritual, you must talk with the priest in order to know in advance all the features of the upcoming sacrament;
- you will have to hold the crown for at least half an hour, so you should be mentally prepared for the fact that your hands will get tired, but lowering the wedding attribute is strictly prohibited;
- You cannot wear provocative or vulgar things. The female witness, like all other ladies present at the ceremony, should wear modest skirts, preferably completely covering their legs.
The church ceremony plays a special role in the lives of the young, therefore those present should be close people who, together with the church, will help the young couple in the future and guide them in difficult moments.
The wedding ceremony is not just the conclusion of a union in the face of God, but a real act of marriage in accordance with religious requirements. Such a union is entered into by deeply religious people who assign a special role to faith in their lives.
Among their guests there should not be atheists who are present at the sacrament only for show. There are no special requirements for blood ties. Spiritually related people can be witnesses.
Some consider the presence of witnesses at a wedding to be a relic of the past that it’s time to get rid of. But the power of this tradition is so great that often, even for the formal marriage, the bride and groom take witnesses, which is called “from the street” simply because it is so customary.
Traditions, especially such long-term ones, give the celebration a special national flavor. You shouldn’t completely abandon them for the sake of modern fashion.
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Is it possible to get married without witnesses?
After reading this article, the opposite question may certainly arise: if the presence of witnesses during the registration in the registry office is an unregulated tradition, then is it even possible to register a marriage with witnesses ?
Purely from a legal point of view, marriage is nothing more than a documentary registration in the relevant body - the registry office or, if deciphered, in the civil registry office. In Russia, there are mandatory conditions for marriage, as well as a certain procedure for registering marriages.
23 Sep 2021 jurist7sib 51
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Are witnesses needed when registering a marriage?
The appearance of the newlyweds will always be neat and beautiful, because if there is cake cream on the corner of their lips, the witnesses will immediately whisper about it in their ears. This helps you always look on top and not worry about smudged lipstick.
She plays the role of the bride's best friend and guardian, and is also responsible for ensuring the accuracy of the wedding traditions. Such a person has a lot of responsibilities even before the marriage process. Together with her future wife, she begins to prepare the celebration. Together they choose a dress, jewelry, hairstyle, etc., all the attributes inherent in the bride.
Defining and comparing registration processes
The ceremonial registration of a marriage is a painting procedure that takes place in an elegant hall with music and beautiful words addressed to the bride and groom.
Simple signature is a procedure for concluding a marriage in a regular office, which is limited to signatures and stamps on the necessary documents. The main differences between the solemn registration of marriage and the non- solemn one:
- The state fee for the solemn ceremony is charged twice as much.
- For a magnificent wedding ceremony, celebratory words, exchange of rings and the first kiss as newlyweds are relevant.
- Guests can congratulate the couple outside the office, and further celebrations are at the discretion of the couple.
- Ceremonial registration takes place only on Fridays and Saturdays.
- Simple registration can be carried out on absolutely any day, except for the registry office weekend.
- You can come to the painting together, without guests or witnesses.
- The ceremonial registration implies the presence of guests, as well as a photographer and cameraman.
- Significant time difference. Painting without celebration takes approximately 10 minutes. Whereas the ceremonial registration lasts at least 30 minutes.
- The ceremony is distinguished by a larger scale of the holiday, beautiful wedding dresses, and many flowers. All this is an integral part of this procedure. At the end, the newlyweds usually drive around the city in decorated cars. Then the couple continues their celebration in a restaurant, where guests and a professional host await them.
- You can even come to a non-ceremonial painting in jeans, no one pays attention to this.
- Non-ceremonial registration takes place in the chief's office. The bride and groom simply sign and are issued a marriage certificate. This process takes place quite quickly, without a decorated hall, music, or poetry.
