The main structural unit in any state is the institution of the family. Relationships between citizens of the state become not only their prerogative, but also act as a socially significant phenomenon, especially when they have children. All rights and obligations arising during marriage, as well as legal issues, are prescribed by law Russian Federation.
Marriage: concept, conditions and procedure for its conclusion
The Family Code of the Russian Federation does not give a clear definition of this term, but in the legal literature marriage is considered a monogamous, voluntary, free, equal, legally formalized union arising between a man and a woman, based on a mutual sense of respect and love, aimed at creating a family and entailing represents the emergence of joint responsibilities and rights relating to personal and property relationships. The emergence of new rights and obligations for those who have entered into marriage legally arises from the fact of registration of marriage relations in the registry office (Article 10 of the RF IC).
The procedure and conditions for concluding a marriage, prescribed in the RF IC, establish the equality of spouses with regard to maternity and paternity. The fact of having a registered family entails the emergence of responsibilities for the upbringing and maintenance of children under the age of majority, and for mutual financial support of each other.
Marriage registration
The procedure and conditions for concluding a marriage allow state registration of family relations in any of the civil registry offices at the will of persons who have expressed a desire to formalize the union. In this institution, a record of the act of concluding marriage relations between these citizens is drawn up, and they are given a document (certificate) of marriage, which contains information about the surname of the spouses, their first names, patronymics, date and place of birth, age, citizenship, nationality (according to desired), place of residence, details of identity documents. The date when the marriage was concluded and this act was drawn up, its number, the place (name of the relevant registry office), as well as the series and number of this document are indicated.
Registration of marital relations is recorded in a document such as a “Marriage Certificate” of an established state standard, which confirms that a perfect union is recognized as a legal contract and protected, according to the Civil Code of the Russian Federation.
Conditions and procedure for marriage
Official registration of this fact takes place with the obligatory presence of both spouses, after the expiration of the established time from the moment of filing the application. For valid reasons, you can register a marriage on the day of filing the application or postpone its conclusion for up to a month. The presence of witnesses, relatives and friends at the ceremony and holding it in a solemn atmosphere is possible at the request of those entering into family relationships.
When setting the date and time when it is best to formalize the solemn event, they hope that it does not coincide with the registration of the fact of divorce or death of someone.
Marriage age
By regulating the conditions and procedure for marriage, the Family Code allows citizens to register marriages upon reaching the age of eighteen. If there are a number of serious reasons, the marriageable age, at the request of the bride and groom, can be reduced to sixteen years. In particularly important circumstances - up to fourteen. According to Article 13 of the RF IC, the reason for lowering the permissible age is the presence of pregnancy or the fact that the bride has given birth to a child.
According to Article 27 of the Civil Code, local authorities give permission to formalize family relationships to citizens who have reached the age of sixteen if they are declared fully capable due to emancipation (that is, the minor is employed under an employment contract or participates in entrepreneurial activity).
Circumstances that prevent marriage registration
Article 14 of the RF IC, which establishes the conditions and procedure for concluding a marriage, talks about the reasons preventing its registration. It is prohibited for a person who has not officially dissolved another registered marriage to enter into family relations, therefore it is necessary to prove the termination of the previous union by providing documents confirming its dissolution, or the death of the spouse, or a court decision to annul the marriage. Close relatives will be denied registration of relations: those with a direct ascending or descending line, full or half-siblings, adoptive parents and adopted children. Marriage between more distant relatives (cousins, aunt and nephew, etc.) is permitted. Marriage shall not be entered into between people, one of whom has been declared incompetent in court due to any mental illness. If this fact is established after registration, then this becomes a reason for declaring it invalid.
The procedure for assigning a surname upon marriage
Legislative acts regulating the conditions and procedure for concluding a marriage also regulate the choice of a surname by both spouses. The legislation of the Russian Federation declares their full equality, therefore they can assign to themselves the surname of any of the spouses as a common one, each of them can retain their surname existing before marriage, or they can add the surname of the other to the surname of one of the spouses. According to Article 32 of the RF IC, both the groom and the bride choose their surname when getting married independently, without any pressure from the outside. In Russia, traditionally, the wife took her husband’s surname, but if it is dissonant or for other reasons, it can be the other way around. Some spouses combine their surnames, thus obtaining a common double surname, which, by default, goes to the children. At the same time, merging them between the bride and groom, one of whom already has a double one, is not allowed. The procedure and conditions for concluding and dissolving a marriage establish that a change of surname is possible only at the time of registration of the onset or termination of the marriage relationship. In the event of a divorce, everyone has the opportunity to keep the surname received during marriage or adopt a premarital name, regardless of the wishes of the other half.
Registration of relations between certain categories of citizens
The comments to Article 137 of the RF IC, which establishes the conditions and procedure for marriage between nationals of foreign states or Russians living in another country, state that registration of family relationships between citizens of the Russian Federation who have a place of residence outside of Russia takes place on the territory of diplomatic or consular offices . Marriages between Russian citizens and foreigners or stateless persons, carried out outside our country, are also valid, subject to the local laws of the state in which it took place.
The conclusion of a marriage union with persons who are serving sentences in institutions related to the penal system is carried out by local territorial registry offices. Citizens exposed disciplinary action, are given the opportunity to register a marriage only after the imposed penalty has been served.
If one of the future spouses is seriously ill and there is an urgent need to register the relationship, then this can be done in the hospital or at home in the presence of both spouses.
Paradoxical as it may seem, modern Russian legislation has not formulated a clear definition of marriage.
However, specialized legal literature characterizes marriage as a free, voluntary, equal, monogamous officially registered union, which is based on mutual feelings of love and respect.
Creating a family entails the emergence of joint responsibilities for raising children and the emergence of special property relations that arise from the moment of marriage registration.
Next, we will talk about the legal basis and procedure for marriage among various groups of citizens.
Conditions of conclusion
Conditions for marriage are usually called circumstances, that is, legal facts formulated in the Family Code and mandatory for the official (state) registration of a marriage.
A marriage is considered valid if the following conditions are met:
1.
Mutual, and most importantly, voluntary consent of persons entering into a marriage union. The consent of the newly made spouses can be expressed in two ways:
in a written personal statement in the presence of each other;
orally during marriage registration at the registry office, followed by certification with personal signatures.
2. Reaching the age of majority by persons of marriageable age. Marriage requires mental, physical and social maturity. Citizens must have full legal capacity.
The maximum age for marriage is not limited by the Family Code, nor is the possible age difference between husband and wife.
But the minimum is clearly prescribed by the provisions of the code.
In special cases, the Family Code allows reducing the age for marriage to 16 years.
The following reasons:
Early pregnancy of the bride;
birth of a minor child;
illness or threat to the life of one of the spouses;
short-term leave or compulsory military service;
other circumstances that local authorities consider exceptional.
The permit is issued by the local municipality. Minors getting married can obtain the document themselves. The consent of legal representatives, parents or guardians is not required.
It is worth noting that after marriage, the legal status of minors changes. From this moment, civil capacity comes in full. If the spouses decide to voluntarily divorce before the age of 18, their legal capacity is retained.
The law allows marriage before the age of 16 if required by the religious or national traditions of some constituent entities of Russia.
3.
There are no circumstances preventing the registration of marriage.
Obstacles to marriage are legal facts that prevent you from registering a marriage. A marriage entered into despite these circumstances declared invalid in court.
For what reasons is it impossible to get married?
The Family Code establishes the following reasons why marriage is impossible:
1) If one of the persons entering into marriage is in a registered marriage. In other words - in Russia bigamy prohibited, since the law establishes the principle of monogamy, that is, monogamy.
2) Between blood relatives:
- in an ascending straight line between parents and children;
- in a descending direct line between grandparents and grandchildren;
- between half- and full-blooded brothers and sisters: children from a common father are considered half-blooded, and children from a common mother are considered half-blooded.
The reason for the ban is not only the possibility of transmitting genetic hereditary diseases and the birth of defective offspring in the future, but also in the moral and ethical aspect.
3) Between adoptive parents and adopted children, the lack of blood ties is not a permissive factor, because according to the law, such relationships are considered related by origin. The ban is based on moral and ethical aspect.
4) With a person declared legally incompetent due to mental disorder. This is explained simply: a mentally ill person is incapable of performing civic duties, as well as creating them. If the incapacity of one of the spouses is recognized after marriage, then it can be declared invalid in court.
The current provisions of the Family Code give legal significance only to a marriage registered in accordance with the law. The registration procedure is prescribed in Article 11 of the Family Code and Chapter 3 of the Civil Status Law. State registration of marriage takes place only in civil registry offices in Russia at the choice of those entering into marriage.
Medical examination
Future spouses should not inform each other about their health status.
Family code does not make this a requirement for concluding a marriage, but gives the opportunity for future spouses to undergo a medical examination at their place of residence free of charge.
In Russia there is no list of diseases the presence of which can interfere with a wedding. Authorized bodies also do not have the right to refuse to register a marriage for medical reasons.
Required documents for application
The basis for registering a marriage union is a written statement from the future spouses.
To fill out the form you will need the following documents
1.
Passports of the bride and groom.
2.
Depending on the situation, a certificate of divorce from a previous marriage or a death certificate of a former spouse.
3.
Marriage permit from the municipal authorities for minors.
4.
Paid state duty in the amount of 350 rubles.
The desire to get married can be expressed in a joint statement or in two separate ones. The signature of a person who does not appear at the registry office must be notarized.
Marriage registration deadlines
According to the law, marriage is registered one month from the date of application in the personal presence of persons who have expressed a desire to start a family.
This is not bureaucracy at all, but a legal barrier that very often prevents mistakes and does not allow romantically minded young people to make an irreparable mistake.
Moreover, the large age difference between spouses also casts doubt on the sincerity of the relationship: is one of the parties pursuing mercantile goals?
There are cases when a month's period allowed us to take a better look at each other and, unfortunately, understand that the future spouse (or spouse) is not entirely mentally healthy.
In any case, even if the newlyweds are refused by the registry office, they have every right appeal the decision of the authorized person in court.
Good reasons shorten the monthly period or increase it(but not more than one month).
Part 3 of paragraph 1 of Article 11 of the Family Code allows for a reduction in the waiting period and allows marriage to be registered on the day of filing a written application. True, there must be good reasons for this: the bride’s pregnancy or the imminent birth of a child, a threat to the life of one of the persons, etc.
Marriage procedure
The marriage is registered in the hall of the registry office at the appointed time in a regular or formal atmosphere - it all depends on the wishes of the bride and groom.
Until recently, a marriage was concluded only with two witnesses (one on both sides), who certified it with signatures. Now witnesses are not required, and their presence at the wedding is just a tribute to tradition.
A corresponding entry is made in the civil registry book, and the newlyweds receive a marriage certificate, which must indicate the surnames, first names and patronymics of the spouses, the date of the marriage, the name of the registry office, number and series. This important document is considered a bilateral contract and provides legal protection in accordance with Articles Civil Code Russian Federation.
A registered marriage entails the emergence of new equal responsibilities in the upbringing and maintenance of minor children, in moral and material support of each other.
Marriage between special categories of citizens
Marriage with foreigners
Citizens of Russia can marry citizens of other states, provided that registration is carried out in the civil registry office on the territory of the Russian Federation. A marriage performed according to a religious rite has no legal force.
If a foreigner is a citizen of several states, then the conditions for marriage are determined by him according to legislation any country to choose from. If a foreigner has citizenship of the Russian Federation, then the marriage is carried out according to local laws.
If the spouse is a citizen of a country where polygamous marriages are allowed (countries of the Muslim world, for example, Algeria, Egypt, Syria, etc.), then The registry office will refuse to register a marriage, since this contradicts the principle of monogamy. Confirmation will be required that the spouse is not married.
If a Russian citizen enters into a polygamous marriage with a man according to the laws of his country on the territory of another state, then it should be remembered that in In Russia such a marriage will be considered invalid.
Documents required for submission to the registry office:
- A joint statement from the bride and groom (in some cases, two separate statements are acceptable).
- Passports or other identification documents.
- Authorization from the authorized person government agency or parents (for citizens of some countries).
- Depending on the situation, a certificate of divorce from a previous marriage or a death certificate of a spouse.
- For a foreigner - certificates from the place of residence confirming that there are no circumstances preventing marriage (this concerns the issue of reaching marriageable age).
- For minors - permission to marry.
Documents are required translated into Russian and notarized.
Certified translations must have an apostille. The second option for checking documents is to undergo consular legalization. Citizens of Ukraine and Belarus (parties to the Minsk Convention) are exempt from this procedure.
Marriage to a foreigner causes envy among many and opens up many opportunities: the right to stay in the country on preferential terms, the right to work and freely move around the country, etc. But it is necessary to take into account all the legal nuances, because otherwise the problems with the law will double.
Registration of marriage with persons serving sentences
Registration is carried out in places of deprivation of liberty by local civil registry offices.
If one of the future spouses is serving a disciplinary sentence, marriage is possible only after serving the established sentence.
Between seriously ill spouses
If the bride or groom is seriously ill, authorized employees of the registry office carry out on-site registration at home or in a hospital, provided that the bride and groom are present.
Assigning a surname
Russian legislation does not obliges the wife to take her husband's surname.
Article 32 of the Family Code of the Russian Federation states that spouses can remain with their surnames, take a common surname, or combine them, creating a sonorous double one. If one of the spouses already has a double surname, adding a third one is impossible.
A change of surname by one of the spouses does not entail a mandatory change of surname of the second spouse.
Of course, in most cases the wife takes her husband's surname. But sometimes, due to dissonance or other reasons, a man changes his last name.
Let's sum it up...
Marriage is a legal procedure, but not synonymous with family. That is why such a serious step should be carefully considered by young people.
The definition formulated by jurists reflects only the legal side of the issue: marriage is a union of two people. Blinded by love, the newly-made bride and groom sometimes do not realize what a burden of responsibility they take upon themselves - obligations for the life of another person and for the life of the unborn child. Only love, patience, mutual understanding and support can create not just a marriage, but a strong family.
Marriage is a traditional means of creating family relationships between persons of different sexes, concluded by the state for the purpose of maintaining a joint budget, raising and educating children. The legislator deliberately does not introduce the concept of civil marriage, establishing family rights only in the case of official registration.
It is necessary to understand that the article describes the most basic situations and does not take into account a number of technical points. To solve your particular problem, get legal advice on housing issues by calling the hotlines:
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The concept of marriage is not reflected in legislation, which is embedded in the tradition of Russian rule-making. When making decisions, courts and the executive branch are guided by dictionary meanings determined by specialized organizations and experts in the field of language. However, the criteria and restrictions that form the meaning of marriage are enshrined in.
Conditions for marriage
Marriage is legally available to a man and a woman if they have already reached the age established by federal and regional legislation. In general, it is 18 years old, but in special conditions, as well as by decision of regional legislative assemblies, it can be changed. In case of valid reasons (pregnancy, already born child), marriage can be concluded from the age of 16, and in some regions (for example, in Tyumen, Chechnya) from the age of 14.
Article 14 of the RF IC sets possible reasons refusal to marry:
- Already existing marriage (polygamy is not allowed);
- Incapacity of one of the potential spouses;
- Close relationship, including partial;
- The status of the adoptive parent and guardian between the applicants.
Marriage procedure
Marriage is concluded in territorial organizations MARRIAGE REGISTRY. The conclusion is made upon personal appearance of persons entering into a marriage union, one month after filing the application. Registration is carried out in the same way as other acts of civil status are registered in accordance with.
It can be changed by the decision of the specialists of the registry office, but their decisions in any case can be appealed by the court. To start the procedure, you must pay the state fee - 350 rubles.
To refuse to register a marriage, you must meet any of their criteria limiting marriage relations on the territory of the Russian Federation.
Marriage age
The determination of the marriageable age during the formation of legislation was made in accordance with current traditions, as well as an analysis of the family legislation of previous state entities, in particular the USSR and the RSFSR (for example, in the 1968 ZoLBS of the USSR).
The republics that are part of the federation have the right to independently determine the permissible age in accordance with local traditions, but the main comes with 18 years.
A decrease in the marriageable age occurs when the state has sufficient grounds for the need to transfer legal capacity to a person, in particular when it becomes necessary to take care of the de facto spouse or child. Municipalities, having examined the documents (child’s birth certificate, extract from antenatal clinic) has the right to permit marriage in accordance with regional legislation.
Invalid marriage
A marriage can be declared invalid if it is established that its conclusion occurred in violation of the norms, or it turned out to be fictitious. A fictitious marriage is a marriage relationship without the actual fulfillment of marital duties, concluded for the purpose of exploiting this status for selfish purposes. installed Article 14 of the RF IC.
A court can declare a marriage invalid upon the application of interested persons and authorities. The corresponding extract from the effective part of the court decision is sent to the civil registry office no later than three days from the date of the decision. The marriage is recognized as not having existed at all during the entire period of validity, that is, from the moment of registration.
Marriage contract
This is an agreement regulating the division of property after divorce, concluded both before and during the marriage. Only spouses have the right to enter into an agreement, but only if the agreement is certified by a notary. The actual validity of the document begins from the moment of marriage.
A marriage contract replaces standard legislative procedures for the distribution of property, establishing a contractual regime of ownership. The prenuptial agreement may include any requirements of the parties, including shares, full ownership, terms of validity, and special conditions resulting in the loss or gain of property.
Marriage certificate
It is an actual reflection of marriage, being the most important document in the formation of a family. The document is valid for presentation in all government agencies.
The certificate is issued at the civil registry office simultaneously with the stamping of the passport and making entries in internal acts institutions. The document is printed on Goznak letterhead with protective margins, signed by a representative of the registry office and certified with a seal.
The certificate is included in the list of documents strict reporting and contains the series, number, data of both applicants (detailed, including all passports), data of the registry office that issues the issuance.
Medical examination
It is permissible only voluntarily with their mutual consent and serves the purpose of establishing the health status of the spouse, in particular the absence of HIV infection and infertility. All organizations included in the public health care system have the right to conduct examinations, and all tests and procedures are completely free.
The law establishes a regime of medical confidentiality regarding the results of the examination, including from the second spouse. Data can only be disclosed with the full consent of the patient.
Spouses' property
The Family Code establishes joint management of the household, ownership and disposal of property in marriage, even if it is registered in the name of one of the spouses. declares that all disputes regarding the disposal of property in marriage must be resolved voluntarily and by agreement of the parties. All property is divided into two groups:
- Joint ownership, to be used by both spouses, and also divided between them upon divorce. Property is formed through joint earnings, purchases using common funds, or the contribution of one spouse to the property of the other.
- Personal property includes everything that was owned by a person before marriage or received during its course under agreements of gratuitous transfer.
Change and choice of surname
It is a voluntary decision of each spouse. They can independently decide which surname will be common or each of them will remain with their own. In cases where neither spouse has a double surname, it is possible to make a common one.
This procedure is available both during marriage (10 days from the date of marriage) and after, in accordance with the law, which establishes the rights of citizens to change their data. Changing a surname is associated with changing a passport, so the competent authority is the Migration Service (FMS).
Types of marriages
The legislator does not restrict citizens from entering into marriage, except in cases where such a marriage violates the very concept. An arranged marriage is considered acceptable if it is associated with the consent of the individuals regarding living together, running a household, caring for each other and raising children. In this case, a fictitious marriage is defined if persons enter into it only for the purpose of obtaining benefits, rights and other benefits.
Love marriage is considered the most acceptable and traditional, although such a legal concept does not exist. Proper formalization is important to the legislator, since weddings or other traditional procedures do not impose corresponding relationships.
In society there is also the concept of marriage of convenience. Since marriages are entered into voluntarily, the state leaves citizens the right to determine what property interests the other spouse has.
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1. To enter into a marriage, mutual voluntary consent of the man and woman entering into marriage and their attainment of marriageable age are required.
2. Marriage cannot be concluded in the presence of the circumstances specified in.
Commentary to Art. 12 IC RF
1. The commented article provides for two mandatory conditions for marriage: mutual consent of the persons entering into marriage and their reaching marriageable age.
The consent of a person to enter into marriage presupposes his free, conscious expression of will to enter into an alliance with a specific person, the intention to create a family with him, and to acquire the rights and obligations of a spouse.
The importance and significance of the voluntary desire of individuals to become husband and wife is also emphasized by the Universal Declaration of Human Rights, adopted by the UN General Assembly on December 10, 1948. Thus, in Art. Article 16 of the Declaration states that marriage can only be concluded with the free and full consent of both parties to the marriage.
The legal requirement to make a conscious decision to marry a specific person is implemented in practice as follows. For example, a marriage is registered in the registry office only on the basis of a personal application submitted by those entering into marriage, after which such persons must be familiar with the procedure and conditions for concluding a marriage. Marriage is also carried out in the personal presence of those entering into marriage, since marriage by proxy or through a representative is not permitted.
If, when concluding a marriage, the condition of voluntariness of marriage was nevertheless violated, this may serve as a basis for declaring the marriage invalid (Article 27 of the Family Code and commentary thereto). In this case, both the spouse, who for any reason was not free in his decision to marry, and the prosecutor can file a corresponding claim with the court.
So, the prosecutor filed a lawsuit against M. to declare the marriage invalid and deregister. The claim was satisfied by absentee decision, since the evidence presented confirmed the fact that G. was not present at the registration of the marriage on January 5, 1999 in Vladikavkaz, but was at that time on inpatient treatment in a hospital in Moscow. The signature on behalf of G. on the application for marriage and in the marriage certificate was made by another person, which was documented.
Under such circumstances, the court came to the correct conclusion that G. did not give consent to the marriage, i.e. that the marriage was not entered into voluntarily.
The marriageable age for men and women entering into marriage is the same - 18 years. In exceptional cases, the marriageable age may be reduced to 16 years or less.
2. The commented article proceeds from the fact that marriage can only be concluded between a man and a woman.
In a number of European countries (Denmark, Norway, etc.) last years special laws were passed allowing so-called registered same-sex partnerships. However, it is established that such “registered” same-sex couples cannot co-parent a child, cannot adopt a child either together or separately, and do not have access to medical procedures for artificial insemination. Registration of a partnership can only take place if one of the parties is a citizen of the above states and lives in the country.
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Korolev Yu.A. Commentary on the Family Code of the Russian Federation. M.: Justitsinform, 2003. P. 44.
The question of the constitutionality of the provisions of Art. 12 of the RF IC, which names mutual voluntary consent of a man and a woman as a condition for marriage and prevents the registration of marriage between persons of the same sex, was brought before the Constitutional Court of the Russian Federation.
Refusing to accept the appeal for consideration, the Constitutional Court of the Russian Federation indicated that both the Constitution of the Russian Federation and international legal norms proceed from the fact that one of the purposes of the family is the birth and upbringing of children. At the same time, neither the Constitution of the Russian Federation nor the international legal obligations assumed by the Russian Federation implies the state’s obligation to create conditions for the promotion, support and recognition of same-sex unions, despite the fact that the absence of such registration in itself does not in any way affect the level of recognition and guarantees in the Russian Federation of the rights and freedoms of the applicant as a person and citizen.
By virtue of Art. 23 of the International Covenant on Civil and Political Rights, the right to marry and the right to found a family is recognized specifically for men and women, and Art. 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms expressly provides for the possibility of starting a family in accordance with national legislation governing the exercise of this right.
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Determination of the Constitutional Court of the Russian Federation of November 16, 2006 N 496-O.
In the Determination of December 18, 2007 N 851-О-О, the Constitutional Court additionally indicated that the Russian Federation is a secular state (Part 1 of Article 14 of the Constitution of the Russian Federation), and therefore certain religious institutions and rules permitting polygamy in marriages , a different approach to resolving this issue in a number of other states, cannot influence state policy in the field of family relations, the main principles of which are characterized, in particular, by the principle of monogamy (monogamy), based on the attitude towards marriage as a biological union of only one man and one woman, which does not allow being in several marriages at the same time.
3. In addition to the two basic conditions necessary for marriage, it is also required that there are no circumstances preventing its conclusion. If such obstacles exist, the marriage cannot be concluded.
An exhaustive list of circumstances that prevent marriage is given in, according to which it is not allowed to enter into a marriage between persons, of whom at least one person is already in another registered marriage, is a close relative of the other, or has been declared incompetent by a court due to a mental disorder. Marriages between adoptive parents and adopted children are also prohibited. An exception, in particular, is the case when the court may refuse a claim to invalidate a marriage concluded with a person under marriageable age, if the interests of the minor spouse so require, as well as in the absence of his consent to invalidate the marriage (Clause 2 of Art. 29 SK and commentary thereto).
Marriage is one of the main stages in the life of every person. Creating a family, a full-fledged unit of society, is a necessary step.
Some people take marriage seriously, others not so much. But the registration rules and conditions for marriage in the Russian Federation are the same for everyone.
Conditions and procedure for marriage - how to submit an application to the registry office?
Legal responsibility to the spouses arises only after the marriage is registered with the civil registry office on the basis of an application from both citizens wishing to get married.
It is worth remembering that a wedding in a church is nothing more than just a religious ritual, and has nothing to do with the legal side.
Marriage procedure
- Marriage is concluded in the personal presence of citizens entering into marriage, on the basis of an application submitted by them, but not earlier than a month from the date of its submission to the civil registry office. If there are reasons that undeniably indicate the need to change the established period of one month after filing the application, the civil registry office has the authority to shorten it, or, conversely, extend it. But no more than one month.
- If there are circumstances - such as pregnancy or the birth of a child - the marriage can be concluded on the day the application is submitted.
- Marriage can only be concluded with the personal, voluntary consent of citizens of different sexes and when they reach marriageable age.
Circumstances preventing marriage
The civil registry office has the right to refuse marriage. The reasons may vary, and all of them may be contested in court. The main ones are given below.
Marriage between:
- Persons under marriageable age. The marriageable age, according to the family code, is considered to be a person reaching 18 years of age. IN in some cases Marriage is permitted upon reaching 16 years of age.
- Persons of whom one or both are married to a third person. In this case, the dissolution of the existing marriage is mandatory.
- Close relatives in a direct line (parents and their children, grandparents, grandchildren and great-grandchildren). Such marriages are strictly prohibited.
- Persons who have a common father or mother.
- To brothers and sisters.
- Persons of whom at least one is declared incompetent due to a mental disorder.
- Adoptive parents and adopted children. Such marriages also cannot be concluded.
Grounds for marriage by adults and minors
The Family Code of the Russian Federation provides for marriage for both adult citizens and citizens under eighteen years of age.
The minimum legal age for marriage is 16 years.
Grounds for marriage between persons over 18 years of age:
- Applications to the civil registry office.
Grounds for marriage between persons over 16 years of age:
- Permission from local authorities at the place of residence of persons wishing to get married. The list of circumstances under which local governments can allow persons over 16 years of age to marry may vary, depending on the laws adopted by different constituent entities of the Russian Federation. As a rule, this is pregnancy or the birth of a child. But other reasons are also possible.
- Absence of the factors preventing marriage described above.
- Mutual voluntary consent of citizens entering into marriage.
Is it possible to marry between relatives?
In all civilized countries, marriages between close relatives are illegal. This is connected not only with a moral, but also with a biological and genetic problem. Children born in such marriages are doomed to lifelong problems associated with genetics. But Article 14 of the Family Code of the Russian Federation speaks only about close relatives.
It sounds like this:
“It is prohibited for close relatives to marry (relatives in the direct ascending and descending line (parents and children, grandparents and grandchildren), full and half-blooded (having a common father or mother) brothers and sisters)."
At the same time, there are no legal obstacles to the marriage of distant relatives who do not have a single common parent. For example, between cousins or second cousins. This also applies to half-brothers and sisters.
Another of its clauses of the family code prohibits marriage between an adoptive parent and an adopted child, but does not prohibit marriage between relatives of the adoptive parent and the adopted child.
Peculiarities of marriage abroad by Russian citizens
In recent years, weddings abroad have become very fashionable. Future spouses plan their ceremonial marriage against the backdrop of medieval buildings or beautiful mountain landscapes of different countries.
But can such a marriage be recognized on the territory of the Russian Federation?
Definitely yes, subject to certain rules. Let's try to understand them in more detail below.
- The first and most important thing to remember when entering into a marriage outside of Russia is that it can only be recognized if the registration was carried out in accordance with the laws of the country in which the ceremony is taking place. And also the absence of circumstances preventing marriage on the territory of the Russian Federation (Article 158 of the Family Code of the Russian Federation).
- In most countries, the circumstances preventing marriage are similar. But before planning the ceremony, it would be useful to learn in detail all the nuances of the legislation of the country in whose territory the marriage is planned. Otherwise, you may encounter problems when legalizing a document in Russia.
- You should also carefully approach not only the choice of country, but also the place in which the marriage will take place. It is best to choose diplomatic organizations of the Russian Federation on the territory of the state chosen for the ceremony. A marriage concluded at the Russian embassy or consulate is considered the same as if it were concluded at the civil registry office of the Russian Federation. Such a document does not require additional legalization.
- If marriage with the subsequent issuance of a document was carried out by the authorized body of the state in whose territory the ceremony is taking place, then it should be remembered that such a document requires subsequent legalization. It is carried out by the country that produced and issued the document. Legalization is not required only if there are additional agreements between the Russian Federation and the state in whose territory the marriage took place on the abolition of such legalization.
Types of legalization of marriage concluded outside the Russian Federation
There are two main ways of legalization:
- Apostille stamp - applies if the country in whose territory the document was produced and issued is a party to the Convention on the Legalization of Foreign Documents. This convention was concluded between a number of countries in The Hague, October 5, 1961.
- Consular legalization – is necessary if the country in whose territory the document was produced and issued is not a party to the Hague Convention. Such legalization is longer and requires the mandatory participation of the country’s Ministry of Justice, the document manufacturer and the Ministry of Foreign Affairs of the Russian Federation. Moreover, such a document will be valid only in those countries in which it was recognized as valid.
It is also important to know that the Russian Federation has concluded agreements on the abolition of legalization with a number of countries. Such countries include the Czech Republic, Bulgaria, Romania, Latvia, Lithuania and others. All that is necessary for Russian citizens to legally use such a marriage document is to provide its certified translation from a foreign language.
Application for marriage online
With the development of information technologies and their increasingly active implementation in our lives, the civil registry office has introduced and actively operates an online application form. This significantly saves applicants’ time, saving them from standing in endless queues. But there is still something you should know about this service.
According to the Family Code of the Russian Federation, marriage is allowed only in the personal presence of the applicants and their mutual consent to marriage. The ceremony is carried out on the basis of a personally submitted application by the future spouses.
The online application for marriage registration only reserves an appointment time for applicants at the civil registry office. This significantly saves time for those wishing to get married.
When submitting such an application, the return letter will indicate the exact time and place at which the authorized civil registry office employee will wait for the applicants. It is during a personal meeting that the exact date and time of the solemn wedding ceremony of citizens is determined.
Documents required to apply for marriage
When the decision to get married has already been made and the first steps to go to the civil registry office have been taken, it is worth taking care of preparing the documents necessary for the legal registration of the marriage.
So, what should citizens have with them when applying for marriage:
- Applicants' passports, or other identification documents required by law.
- Certificate of temporary registration (for non-resident citizens).
- Certificate of divorce (if there was one).
- Marriage license (if one of the applicants is under 18 years of age at the time of application).
- Receipts for payment of state duty and commission fee from the Civil Registry Office.
- Invitation from the registry office (if the meeting was planned and agreed upon or the application was submitted online).
It should be remembered that the above list of documents is valid only for citizens of the Russian Federation. For marriage in Russia, where the applicant is at least one citizen of a foreign state, the list of documents may differ.
What documents are required should be clarified with the civil registry office chosen by the applicants for marriage registration.