Conditions and procedure for state registration of marriage
A wedding is a special day in the life of every person. In our country, in order to become a husband and wife, it is necessary to officially register the marriage. Read about how to do this in our material.
Conditions of marriage
According to the Family Code of the Russian Federation, a marriage can be entered into by a man and a woman who have not only desire, but also opportunities. At a minimum, there should be no reason to prohibit marriage. Firstly, marriage in the Russian Federation is possible only between persons of different sexes, and secondly, the age according to which a marriage can be contracted by law is set at 18 years. But there are also exceptions.
Sometimes the legislation allows marriage from the age of 16 and even from the age of 14 in some regions (Moscow, Belgorod, Vologda, Nizhny Novgorod and Kaluga regions). It is possible to lower the marriageable age, for example, if the future spouse is pregnant or the young man enlists in the army (as well as in other cases provided for by law). Registration of marriage in exceptional circumstances is possible only with the permission of local authorities. When registering a marriage with minors, the consent of their parents is also required, and in their absence, the consent of their guardians.
Registration of marriage takes place after submitting an application and all the necessary certificates. As a rule, the term for registering a marriage is set after 30 days after the date of submission of the application and no later than 12 months from the date of its writing. In practice, you have to wait about two months, but in the summer there are more couples, so the period may be longer.
The marriage process itself can take place in the form of a solemn ceremony. in a separate room with guests, rings, wedding dress, witnesses, towel and music. However, the atmosphere may not be solemn - you can sign in the office of the state registrar of civil registration even without the bride's dress and rings. Everyone chooses what he likes and can afford. In either case, the newlyweds will receive what they came for - the recognition of their voluntary consent to consider the other half as a spouse and, accordingly, the emergence of the latter's rights and obligations, in accordance with the current legislation. It is also important to note that marriage registration takes place only with the personal presence of persons wishing to marry.
But there are times when marriage is impossible. They are spelled out in the legislation of the Russian Federation, namely, in the Family Code.
These include:
- finding a person in a registered marriage;
- between relatives (alliances with their grandmothers, uncles, brothers, sisters, nephews are prohibited);
- if the groom or the bride (or both) are incapacitated (recognized as such by a court decision);
- between adoptive parents and adopted children.
In the event that you received a refusal to register a union, you can always appeal it to a higher organization or to a court. The appeal procedure is simple.
It is not necessary to undergo a medical examination before marriage; this is done only at the request of the couple. Moreover, the results of the examination of the person can be communicated to the couple jointly only with the consent of the subject. Otherwise, it is a medical secret, known only to the patient and the doctor. However, if, after the conclusion of the marriage union, it turns out that the spouse is sick with a venereal (or some other) disease and did not inform the second spouse of this before the marriage, this union may be invalidated and the marriage will be annulled.
Required documents
If a man and a woman have reached marriageable age and are registering a union for the first time, then they are required to fill out an application in accordance with Form 3 of the established form and pay a state fee. You can also submit an application through the website of public services, certifying it with electronic signatures. In addition, it is possible to submit an application for the desire to enter into an alliance with a notarized signature of a second person.
The application states that the consent of the persons is voluntary, confirms the absence of grounds for prohibiting marriage, indicates the age, information about the presence of children. Also, personal information is provided, recorded in identity documents, it is prescribed what surname each of the spouses will wear after marriage, nationality, education, marital status at the time of marriage are noted. This statement is joint and signed by both persons. Documents confirming the above facts are attached to the application. The state duty is set at 350 rubles. Formal registration will cost a little more.
This year it became possible to register a marriage in any region of the Russian Federation, regardless of the registration of the place of residence. To submit an application, it is enough to contact any registry office in the country (without reference to registration of place of residence). It is also possible to register one of the future spouses who are married without a residence permit. Failure to register the place of residence does not invalidate the passport, and the registry office employees have no right to refuse to accept the application and to register the marriage. It is only necessary to indicate in the application that there is no place of permanent residence.
Urgent Application Rules
There are cases when registration needs to be accelerated and carried out not in a month or two or more, but much faster - within a month from the date of application.
Let's consider the most common ones:
- the woman is pregnant - a certificate from the hospital will speed up the registration date;
- serious illness of the future spouse;
- a newly born baby whose parents are future spouses;
- long business trip of one of the future spouses.
In such cases, the date of the marriage can be found at the time of application. It must be remembered that when specifying the grounds for urgent registration, you must always attach an official document confirming the circumstance that gives rise to the registration of marriage in a shorter period.
Features of the procedure
As we have already mentioned above, registration can be either solemn or non-ceremonial. It can be urgent and simple. You can sign at the registry office, and hold the solemn ceremony in any place you like. For this, the couple signs at the registry office, receives a marriage certificate and, in a solemn atmosphere with the guests and in a beautiful place, conducts a touching ceremony with a beautiful dress and rings. All this, as a rule, takes place in some picturesque place, so that the joy of the wedding will be remembered for a long time by both the young and their guests.
If young people do not want a holiday or a traditional wedding, they can register a marriage without a dress and rings on any day, even a weekday (except Sunday and Monday). During non-formal registration, only future spouses and a photographer can be present. In this case, guests can congratulate the young only on the street.
An urgent marriage registration can be carried out, for example, during pregnancy. Or you can set a period from the date of application within 12 months. However, with such a long period, it is necessary to confirm your desire to register a marriage. In different registry offices - at different times (from two weeks to a month before the expected date of marriage). In case of illness or unforeseen circumstances, the date of marriage registration can be postponed by writing an appropriate statement and attaching supporting official documents.
For information on how to apply to the registry office, see the next video.