Mandatory conditions for registering a marriage. Marriage and legal consequences of its conclusion. Required documents for application

I have a question.
For what valid reasons can a marriage be concluded earlier?

Sincerely,
Catherine

Comment on the article “Family Code.
Chapter 3. Conditions and procedure for marriage"

More on the topic “Family Code.
Chapter 3. Conditions and procedure for marriage":

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Paradoxical as it may seem, in modern times Russian legislation did not formulate 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 legal basis and the 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 for the age of marriage to be lowered to 16 years.
For the following reasons:

Early pregnancy of the bride;
birth 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 legal status 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 is declared invalid in judicial procedure .

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 a 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 it gives future spouses the opportunity 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 register, 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 agreement 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:

1. A joint statement from the bride and groom (in some cases, two separate statements are acceptable).
2. Passports or other identification documents.
3. Permission from an authorized government agency or parents (for citizens of some countries).
4. Depending on the situation, a certificate of divorce from a previous marriage or a death certificate of a spouse.
5. 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).
6. 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 local authorities Registry office.
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 legal scholars reflects only legal side question: 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.

Chapter is devoted to the topic under consideration. 3 “Conditions and procedure for marriage” section. II Family Code (RF IC). However, for a complete understanding of the procedure and conditions for marriage, it will be necessary to touch upon the regional legislative act, dedicated to the regulation of this area, since this is a subject of joint jurisdiction.

At the same time, the procedure for concluding a marriage is regulated only at the federal level - it ends with registration in the civil registry office (ZAGS) formed by the constituent entities of the Russian Federation, and the conditions for concluding a marriage can be somewhat expanded in accordance with the customs that have developed in society in the territory of a particular constituent entity of the Russian Federation.

The conditions for marriage are stated in Art. 12 IC RF:

• mutual consent of a man and a woman (same-sex marriage is not allowed);
• reaching the established marriageable age;
• absence of obstructive circumstances.

Let us consider in more detail these conditions for entering into a marriage union.

Conditions for marriage

To get married you need:

1. Express your voluntary intention to conclude it.
2. Reach the required minimum age of 18 years (Article 13 of the RF IC) or present a document allowing marriage at an earlier age. Between the ages of 16 and 18, local authorities may allow a person to marry for a valid reason. Regional legislation may allow permission to be granted to persons under 16 years of age in exceptional cases.
3. Confirm the absence of obstacles, such as marriage, close relationship, etc. (Article 14 of the RF IC).

In addition, the potential spouse must notify the future spouse of the presence of a sexually transmitted disease or HIV under the threat of invalidity of the marriage in case of silence about this (Part 3 of Article 15 of the RF IC). Reproductive health examination is not a mandatory procedure, but if there is an expression of will, it is carried out free of charge. Its results constitute a medical secret and can only be disclosed with the consent of the person examined.

The requirement to comply with the conditions is partly implemented by confirming the conditions when submitting an application to the civil registry office.

Procedure and consequences of marriage

To recognize the fact of concluding a marriage, the following sequence of actions and events must be completed:

1. Submitting a joint application, which is the basis for completing the registration procedure (Articles 24, 26 of the Law “On Acts of Civil Status” dated November 15, 1997 No. 143-FZ, hereinafter referred to as Law No. 143-FZ). The application is submitted in person, through the State Services website or at the MFC. The application is accompanied by documents, which can be read about in the article What documents are needed for marriage?
2. Expiration of the waiting period, which is 1 month. This period of time can be increased by the head of the civil registry office or reduced for a valid reason, up to its cancellation, if this reason is of a special nature (clause 3 of article 27 of law No. 143-FZ, article 11 of the RF IC).

   Important! From 10/01/2018, the wedding date will be chosen by the bride and groom, and marriage registration will be possible within 12 months from the date of filing the application (see the Law “On Amendments...” dated 08/03/2018 No. 319-FZ). Currently this interval is limited to 2 months.

3. Registration of marriage and making an entry about it in the Unified state register Civil Registry Office (the register was introduced on January 1, 2018 by the Law “On Amendments...” dated June 23, 2016 No. 219-FZ).

The marriage registration certificate is issued to spouses in 1 copy and confirms the existence of a marriage relationship in relations with third parties.

So, marriage is concluded subject to the conditions specified in the RF IC (compliance with the age limit, expression of intentions, etc.). To do this, an application is submitted to the registry office, and after the waiting period, the marriage is registered, the procedure ends with the issuance of a certificate.

There is no definition of marriage in law. It is given by scientists - lawyers, philosophers, sociologists.

In legal literature marriage- is defined as a legally formalized, free and voluntary union of a man and a woman, with the goal of creating a family and generating mutual and mutual relations for them.

The grounds for marriage are: legal norms, and not moral: the marriage union only determines the system of rights and obligations. Thus, marriage is a means of registration and a form of social control over it. As a rule, marriage involves registration in government agencies or in religious institutions vested with such powers.

It especially emphasizes that marital rights and obligations arise only in registered marriage. The actual cohabitation of a man and a woman does not give rise to family relations. It is state registration that makes it possible to truly guarantee the protection of a wide variety of rights of family members. Let's say alimony, housing, inheritance rights spouses are protected only after presenting a marriage certificate.

Traditionally, there are three developed forms of marriage (family) relations, the features of which are culturally and socially determined:

• monogamy- the union of one man and one woman. This form of family arose during a period when the development of agriculture made it possible for a Parsi couple to feed and raise children without interference from the entire clan; since then it has been the most common;
• polygamy(polygamy) is a form traditional in Islamic culture and some primitive societies. IN Ancient Greece There was also temporary polygamy: in the period after major wars, which sharply reduced the male population, men were allowed to have several wives. After population losses were replenished, polygamous marriages were officially abolished;
• polyandry(polyandry) - a form that is quite rare; existed in remote areas of India, Tibet, the Far North and on some islands of Polynesia. The reason for polyandry was the need to limit the population in areas with scarce resources. Among primitive peoples, polyandry, as a rule, was accompanied by a cruel tradition of killing the majority of newborn girls.

The modern institution of marriage is in a state of transformation. As individual freedom becomes the most important value, the number of marriages decreases, the age at marriage increases, marital bonds weaken, the number of divorces increases, and the number of children born in marriage decreases. Society’s attitude towards family and marriage is also changing: if previously it was considered important that the relationship between a man and a woman be officially registered, now unions that are not documented are recognized as a variant of the norm.

Marriage

Marriage is concluded at the state civil registry office after one month has passed after the bride and groom have submitted a joint application. If there are valid reasons, the monthly period may be reduced or increased, but not by more than a month.

If there are special circumstances (pregnancy, birth of a child, immediate threat to the life of one of the parties and other special circumstances), the marriage can be concluded on the day the application is submitted.

To get married, the following conditions must be met:

• mutual agreement persons entering into marriage;
• reaching marriageable age. By general rule the age of marriage is set at 18 years, however, local authorities at the place of registration of marriage can reduce it, but not more than by two years (the laws of constituent entities of the Russian Federation may provide for exceptional cases when marriage is allowed before reaching the age of 16);
• lack of marital relations for future spouses (marriage is not allowed between persons, at least one of whom is already in another marriage);
• lack of family ties the bride and groom (relatives in direct ascending and descending lines, full and half brothers and sisters, adoptive parents and adopted children cannot marry);
• legal capacity of persons entering into marriage(a ban on marriage is established for persons recognized by the court as incompetent due to mental illness or dementia).

Invalid marriage

Failure to comply with these conditions or registering a marriage in compliance with them, but without the intention of starting a family ( fictitious marriage) if required interested parties or authorized bodies may lead to judicial recognition of the marriage as invalid. Concealing a sexually transmitted disease or HIV infection also gives the other spouse the right to go to court to have the marriage declared invalid.

A marriage declared invalid by a court does not give rise to the rights and obligations of the spouses from the moment of its conclusion. A conscientious spouse (who did not know about the presence of obstacles to marriage) has the right to keep the surname he chose when registering the marriage. If one of the spouses concealed that he was already married, then the person who did not know about this has the right to demand property retention and division of property in accordance with the norms of the Family Code of the Russian Federation, i.e. on more favorable terms for himself. In any case, declaring a marriage invalid does not affect the rights of children born in this marriage.

Divorce

Dissolution of marriage (divorce) is a legal act that, with some exceptions, terminates the rights and obligations of spouses for the future.

Dissolution of a marriage differs from the recognition of a marriage as invalid in that with a divorce the marriage is terminated for the future, while the recognition of a marriage as invalid has retroactive effect and terminates the legal consequences of the marriage from the moment of its conclusion.

The rights and obligations of spouses arise from the date of state registration of marriage in the civil registry office (ZAGS).
This provision is important, since only from the date of state registration of marriage, a man and a woman acquire a new status for themselves - the status of spouses and the relations arising between them become the subject legal regulation family law. Accordingly, actual marital relations, the so-called “civil marriage,” regardless of their duration, do not give rise to any legal consequences.
The document confirming the registration of marriage is the marriage certificate.

What documents are required for marriage and where to submit them?

Persons getting married submit a joint application for marriage in writing to the civil registry office. Moreover, this can be in any district and any city, regardless of the place of residence of the future spouses.

Simultaneously with filing a joint application for marriage, you must present:
— identification documents of those entering into marriage (passports);
- a document confirming the termination of a previous marriage, if the person (persons) was previously married (divorce certificate);
- permission to marry before reaching marriageable age if the person(s) entering into marriage is a minor.

It is also necessary to pay the state fee at the bank, which is 200 rubles, and attach a receipt to the application.

What are the conditions for marriage?

To enter into a marriage, the mutual voluntary consent of the man and woman entering into marriage and their attainment of marriageable age are required.

Marriage between:
- persons of whom at least one person is already in another registered marriage (that is, bigamy is prohibited in our country);
- close relatives (relatives in a direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren), full and half (having a common father or mother) brothers and sisters);
- adoptive parents and adopted children;
- persons of whom at least one person has been declared incompetent by a court due to a mental disorder.

At what age can you get married?

The age of marriage is set at eighteen years.
If there are good reasons (for example, pregnancy, threat to life, etc.), the territorial administration at your place of residence has the right, at the request of future spouses, to allow you to get married after reaching the age of sixteen.

What kind of marriage in our country is recognized and protected by the state?

Recently, all over the world there has been an increase in the number of actual, so-called civil marriages, when people live together, general farming, often give birth and raise children. In all countries, legal marriage is not equal to civil, actual marriage, but in most countries it still enjoys protection.

In our country, de facto marital relations, which are often called civilian marriage, no matter how long they last, cannot turn into a marriage, legal relationship and therefore are not supported or protected by the state. There are no guarantees for persons living in a de facto marriage. If a man and a woman, even if they have been living together for a very long time, argue about the property they have acquired together, then they will be forced to resolve their dispute themselves. The court will not help them with this. The same applies to marriages concluded in compliance with church rites; church marriages are equated to actual ones. Thus, the state protects and supports only legally registered marriages concluded in the registry office. As practice shows, civil marriages are less stable; their stability is largely determined only by the moral and moral qualities of the partners.

What conditions are necessary for marriage?

To get married, you need to personally come to the registry office and submit an application. The marriage itself is concluded after the expiration of a month from the date of submission of the application to the registry office. The monthly period is established to verify the seriousness of the intentions of the future spouses.

In order to get married, you need:

1. Mutual consent of the man and woman who enter into marriage. Consent is manifested in the fact that the bride and groom personally submit a joint statement of desire to get married to the registry office
2. Reaching marriageable age. In Russia, the age of marriage is set at 18 years. If there are good reasons, local authorities have the right to allow persons under 18 years of age to marry. The circumstances must be very serious (pregnancy, the birth of a child, a real threat to the life of one of those entering into marriage, etc.) It must be borne in mind that from the moment of marriage, a minor becomes fully capable and must be responsible for his actions on an equal basis with adults .
3. The person entering into marriage must not be in another registered marriage. Even if, by some mistake, the registry office registers such a second marriage, it will be declared invalid.
4. Marriage between close relatives is not allowed.
5. According to the family code, close relatives are parents and children, sisters and brothers who have at least one parent in common (father or mother). Cousins ​​are not considered close relatives.
6. Marriage between adoptive parents and adopted children is not allowed.
7. Mental illness of at least one of the persons entering into marriage does not allow entering into a marital relationship.

These serious illnesses include schizophrenia, dementia and other mental illnesses that are inherited. Physical illnesses cannot serve as grounds for refusal to register a marriage.

What are the legal consequences of marriage?

From the moment of marriage, the family falls into the realm of legal regulation. The main legal consequences of marriage include the following:
1. Property acquired by spouses during marriage is their joint property, unless otherwise established by the marriage contract. That is, even if one of the spouses did not work, ran a household, or earned less than the other, he has the right to half of all acquired property, regardless of who it is registered to. The same cannot be said about the so-called “civil marriage”. Persons included in it do not acquire rights to each other’s property.
2. If a child was born from persons married to each other, and also within three hundred days from the moment of divorce, recognition of it as invalid or from the moment of death of the spouse of the child’s mother, the mother’s spouse (former spouse) is recognized as the father of the child. That is, in the event of the birth of children to married persons, the spouses will be recorded as their mother and father. Otherwise it is established in court.
3. Spouses are obliged to financially support each other.

In case of refusal of such support, the spouse has the right to demand the provision of alimony in court from the other spouse who has the necessary means for this. The following spouses have this right:
- disabled, needy spouse;
- wife during pregnancy and for three years from the date of birth of their common child;
- a needy spouse caring for a common disabled child until the child reaches the age of eighteen or a common child who has been disabled since childhood, group I.

What is the procedure for divorce?

There are two procedures for divorce: by filing an application with the civil registry office or with the court.
In the registry office, a marriage is dissolved in the following cases:
1. With mutual consent to divorce the spouses, if you do not have common minor children.
2. At the request of one of the spouses, regardless of the presence of children, if the other spouse:
- declared missing by the court;
- declared incompetent by the court;
- sentenced for committing a crime to imprisonment for a term of over three years.

In other cases (if there are children or the absence of the consent of the second spouse), the divorce is carried out by the court at the request of one of the spouses.
The document confirming the divorce is a divorce certificate issued by the civil registry office.