home › Chassis › To get married in the Russian Federation it is necessary. Mandatory conditions for marriage in the Russian Federation

To get married in the Russian Federation it is necessary. Mandatory conditions for marriage in the Russian Federation

Conditions for a marriage contract are circumstances the presence of which is necessary for a marriage to be registered and have legal force. Art. 17 CoBC defines the conditions for marriage:

a) mutual voluntary consent of a man and a woman entering into
marriage;

b) persons entering into marriage have reached marriageable age;

c) no obstacles to marriage.

Their list is exhaustive and does not allow the presentation of other conditions. If a marriage is concluded in violation of at least one of these conditions, it is declared invalid in accordance with the established procedure.

a) When entering into a marriage, only the free will of the persons themselves entering into marriage matters. The desire to start a family, to become husband and wife, must come directly from the persons getting married. No one can be forced to enter into marriage under the influence of violence, threat or other unlawful action on the psyche of the persons entering into marriage. Due to the fact that the will to marry must be expressed in person, marriage through a representative by proxy or in absentia is not allowed. Consent to marriage, accompanied by any reservations or conditions, should be considered as a refusal to enter into marriage. Mutual voluntary agreement to enter into marriage is expressed in their joint letter of application for marriage submitted to the registry office.

b) Marriage age is the age established by law at which a citizen has the right to marry. Art. 18 CoBS - the age of marriage in the Republic of Belarus is set the same for both men and women - 18 years. The general rule is that a person wishing to get married must have reached 60 years of age at the time of state registration of the marriage. Therefore, an application for marriage registration has also been accepted from a person who will reach the age of 6 on the day of marriage registration.

In some cases, the registry office may reduce. The procedure for reducing the br age of the established art. 18 KoBS and clause 34 of the Regulations on the procedure for registration of acts of civil status.

Reduction of br age is carried out if there are grounds established by the norms of Art. 18 CoBS: birth of a child; bride's pregnancy; declaring a person fully capable (emancipation). Reducing the age limit by no more than 3 years is allowed. The consent of parents (guardians) is not required.

N/l, declared fully capable, in accordance with the procedure provided for in Art. 26 of the Civil Code, does not acquire marital capacity due to the mere fact of emancipation. To get married, he also needs to lower his age on a general basis.

c) Obstacles to marriage are conditions in the presence of which marriage is not permitted:

1- between persons, at least one of whom is already in another marriage, registered in the charter;

2 - between relatives in a direct ascending and descending line, between full and half brothers and sisters, as well as between adoptive parents and adopted children.

The prohibition of marriages between adoptive parents and adopted children is based on the fact that they are equal in rights and responsibilities to parents and children.

3 - between persons, at least one of whom has been declared incompetent by a court due to mental illness or dementia.

Every person has the legal right to marry. It cannot be limited by religion, nationality or other factors. If two people of opposite sexes love each other, they can register a family in Russia. In the article we will consider what conditions and procedure for concluding a marriage must be observed.

Circumstances preventing marriage

All conditions and procedures for marriage in the Russian Federation are described in the Family Code. This regulatory document provides reasons that prevent family registration. Such circumstances include:

between close relatives;
if one or both parties are already officially married;
if a man or woman has a mental disorder due to which they are declared incompetent;
It is impossible for the adoptive parent and the adopted child to create a family.

Let us consider these conditions for marriage in more detail. Unlike some Islamic countries, polygamy is prohibited in Russia. Only those persons who have not previously registered a relationship or have confirmation that the family no longer exists can submit an application.

Modern legislation believes that the decisions of an incapacitated person can be manipulated. Therefore, unions with such citizens are prohibited. If the fact of incapacity was revealed after the creation of the family, then the registration will be considered invalid.

The adoptive parent and the adopted child cannot create a family. To do this, you will have to cancel the adoption. At the same time, there are no obstacles for the relatives of the adoptive parent to create a family with the adopted child.

The conditions listed above are exhaustive. If registry office employees refuse to register a family for other reasons, this decision should be appealed in court.

Is it possible to marry between relatives?

The fourteenth article of the Family Code of the Russian Federation imposes a ban on registering relations between close relatives:

parent with child;
grandfather or grandmother with grandson;
siblings or half-siblings;
adoptive parent and adopted child.

When submitting an application to register a relationship with the registry office, you do not need to confirm the absence of a close relationship. But it is important to remember that close family ties have a negative impact on children together.

However, the law does not prohibit creating a family between more distant relatives:

uncle or aunt and niece;
cousins.

Even if a woman becomes pregnant from a close relative, then, according to the norms of the Family Code, the family cannot be registered. In fact, a man and a woman can get married if they do not inform their relatives. If this information is kept silent and the truth is later revealed, the marriage will be considered invalid.

Conditions under which marriage takes place

If someone wants to get married, it is important for them to become familiar with the legal requirements for newlyweds. Only the fulfillment of these conditions will allow you to legally register the relationship and receive all the benefits provided for by the legal norms of the state. Let's look at what two conditions are required for marriage:

Voluntary consent of both men and women.
The age of majority of both parties.

The key condition necessary for marriage is voluntary consent. It implies the expression of the own will of each participant in such a relationship. Moreover, you cannot convey your will through an intermediary or some certified document. The registry office employees will accept the application only in the personal presence of the bride and groom. This way you can verify the exact fulfillment of the first condition.

It is important that there is no psychological or physical pressure on either party to force marriage. It is worth distinguishing between coercion and parental advice.

Voluntary consent is confirmed twice:

during personal application by future spouses;
verbal consent when registering the relationship, with subsequent signatures.

In addition to what is described above, it is important that both parties to the relationship do not have legal obstacles. Otherwise, the marriage will be considered invalid.

Required age for marriage

One of the most important conditions for marriage in the Russian Federation is adulthood. This requirement is stated in Article 13 of the Family Code. Only an eighteen-year-old citizen will be able to freely start a family.

When marrying a foreign citizen, it is important to understand that the laws of the Russian Federation do not apply to him. So, if his country has a higher marriage age, then the local registry office will not approve the marriage. For example, in China, a man has the right to start a family only at 22 years old.

However, the second paragraph of the same article of the normative document stipulates the conditions under which persons over 16 years of age can marry. There must be a fairly compelling reason for this, which differs from the general rules. If the local government considers the request to marry to be justified, they may grant it. Exactly what circumstances will be considered compelling must be specified in the laws of the region of residence of persons wishing to start a family.

Typically, minors’ requests are granted in three cases:

girl's pregnancy;
a joint child has already appeared;
young people actually live together.

The registration of the relationship itself follows the usual procedure. From the moment of marriage, minor citizens become fully capable. Even if the family breaks up before adulthood, legal capacity will remain. However, judicial recognition of the union as invalid leads to loss of legal capacity.

When all the conditions for marriage are satisfied, the man and woman can freely submit an application to the registry office. After a period specified by law, the wedding will be held in a solemn or informal setting. Now the main task will be to save the marriage, which in practice turns out to be more difficult than entering into one.

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 default, since the evidence presented confirmed the fact that G. was not present at the marriage registration on January 5, 1999 in Vladikavkaz, but was at that time undergoing inpatient treatment in a Moscow hospital. 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.) in recent years, special laws have been adopted allowing the so-called registered partnership of persons of the same sex. 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 resides in the country.
———————————
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.
———————————
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).

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 of legal regulation of 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 a 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 valid 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 de facto, so-called civil marriages, when people live together, run a common household, and 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 ethical 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:

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
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 .
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.
Marriage between close relatives is not allowed.
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.
Marriage between adoptive parents and adopted children is not allowed.
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 in the name of. 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 child’s father. 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 a 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.

Article 10. Marriage

1. Marriage is concluded in the civil registry office.

2. The rights and obligations of spouses arise from the date of state registration of marriage in the civil registry office.

Article 11. Procedure for concluding marriage

1. Marriage is concluded in the personal presence of the persons entering into marriage, after a month has passed from the date of their submission of an application to the civil registry office.

If there are good reasons, the civil registry office at the place of state registration of marriage may allow marriage to be concluded before the expiration of a month, and may also increase this period, but not more than by 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.

2. State registration of marriage is carried out in the manner established for state registration of civil status acts. 3. The refusal of the civil registry office to register a marriage may be appealed to the court by persons wishing to get married (one of them).

Article 12. Conditions for marriage

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 Article 14 of this Code.

Article 13. Marriage age

1. The age of marriage is set at eighteen years. 2. If there are good reasons, local government bodies at the place of residence of persons wishing to get married have the right, at the request of these persons, to allow persons who have reached the age of sixteen years to marry (paragraph as amended, put into effect on November 19, 1997 by Federal Law dated November 15, 1997 N 140-FZ). The procedure and conditions under which marriage, as an exception and taking into account special circumstances, may be permitted before reaching the age of sixteen years, may be established by the laws of the constituent entities of the Russian Federation.

Article 14. Circumstances preventing marriage

Marriage between:

persons of whom at least one person is already in another registered marriage;
close relatives (relatives in a direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren), full and half (having a common 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.

Article 15. Medical examination of persons entering into marriage

1. Medical examination of persons entering into marriage, as well as counseling on medical-genetic issues and family planning issues are carried out by institutions of the state and municipal health care system at their place of residence free of charge and only with the consent of persons entering into marriage.

2. The results of the examination of a person entering into marriage constitute a medical secret and can be communicated to the person with whom he intends to marry only with the consent of the person who underwent the examination.

3. If one of the persons entering into marriage concealed the presence of a sexually transmitted disease or HIV infection from the other person, the latter has the right to apply to the court to declare the marriage invalid (Articles 27-30 of this Code).

Discussion

You can apply for marriage registration online through the government services website.

To do this you need to do the following:

register on the specified resource;
fill out the required form and submit your application for consideration;
wait for confirmation for the provision of the service.

I read this here [link-1]
Is it true?

I want to conclude a marriage contract with my wife, according to which, in the event of a divorce, she will not be able to claim the apartment in which I live (I am not the main tenant), and register her in this apartment. Tell me, will this agreement contradict the legislation of the Russian Federation, and in general, is it realistic to draw up such an agreement?

02/25/2004 17:48:58, Alexander

Can second cousins marry?

07/09/2003 11:10:35, yfz

07/09/2003 11:07:49, yfz

There has been a rumor that marriage certificates are issued from the age of 14 without parental consent, but without registration. Shed some light on this issue

29.10.2002 17:44:58, Sofia

Can a marriage be concluded between people, one of whom does not have Russian citizenship (passport)?

05.08.2002 17:29:09, Elena

I am marrying a girl from Tiraspol (PMR)
What documents are required
for registration of marriage on its territory and (or) in Moscow

05/18/2002 15:21:52, Dmitry

Please take into account that the population is still not completely illiterate. It is clear that under 18 years of age you need permission. But how can you get it, for example, in Moscow? Is the consent of one of the parents enough? or both? What if they are divorced? Should you go to some AUTHORITY yourself or does the registry office do it yourself? What documents should I come with?
The site should be useful. Otherwise
the visitor leaves with a feeling of irritation and the thought that the creators - in this case 7th -
he is disrespected and/or incompetent.

Thank you if you answer, and don’t blame me for being harsh. That's right,
I've seen more useful sites.

03.05.2002 20:43:33, Yaroslav Vsevolodovich

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

Sincerely,
Catherine

04/04/2002 16:34:28, Ekaterina

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