The family is an important unit of society, and marriage should be concluded according to the rules. Each country has its own characteristics when registering marriage, in Russia this rule is regulated by the Family Code. The order of marriage in Russia is one, only in certain regions there are some differences.
Procedure for the conclusion and termination of marriage
Before moving on to the rule of law, let's find out what marriage is. In the official language, this is a union of women and men, which is voluntary. After registration with a government agency, mutual obligations occur. The family gives both spouses certain rights.
This is what distinguishes an official marriage from a civilian so fashionable recently, which is not registered in the registry offices. The procedure for state registration of marriage is not just putting a stamp on the passport, but the guarantee that all obligations arising between spouses will be guaranteed and protected by the state. This applies primarily to property and property that were acquired during the marriage, responsibility for common children, inheritance rights, and so on.
After the termination of the marriage, the spouses will not end up with a "broken trough", the law will be on their side. It is much more difficult to prove your rights to those who leave after several years of civil relations.
What is the procedure for marriage
There are certain rules for creating a family, which are fixed by law. Article 12 of the Family Code of the Russian Federation states that a family can be created when a certain age of marriage has arrived and voluntary consent exists. By the way, the procedure for registering marriage in the Russian Federation can be carried out exclusively between a woman and a man.
It is worth noting that consent is sought only from the spouses. So defined family law. The procedure for marriage implies that relatives and parents can only advise or suggest. But the final word remains with the bride and groom. It is important to note that no requests or claims of third parties, unless, of course, are legally motivated, do not matter.
When to run down the aisle
Before officially registering a family, lawyers strongly recommend that future newlyweds study the procedure for marriage and divorce. Only then will a person be aware of his rights and obligations.
According to the law, marriageable age for a man and for a woman comes at eighteen. But sometimes it can be reduced to sixteen. The form and procedure for marriage suggest that circumstances may arise where you can be allowed to start a family earlier. Most often this happens when a woman is in position. In order for a child to be born in a legal family, newlyweds are allowed to enter into a marriage before.
Good reasons include some other circumstances. Among them - the upcoming call of a young man for military service, already established family relations and so on. We draw attention to the fact that the good reasons for which it is allowed to marry earlier should not be disclosed to anyone. This is the personal secret of the bride and groom.
Verdict "Deny"
The state piously observes the interests of the spouses, because one of the main values of our society is the concept of the family. The procedure for marriage also implies a motivated refusal to those who filed applications with the registry office. When does this happen?
The Family Code provides clear and unambiguous answers to this question.The concept and procedure for marriage suggest that a person cannot simultaneously be in several marriages at once.
So if the bride or groom already has a stamp from the registry office in their passport, then they will certainly be refused to create a new family.
The ban on official family formation also applies to close relatives. You cannot marry or marry those brothers and sisters who have a common mother or one father, as well as relatives in a straight line. These include, for example, mother and son, father and daughter, grandfather and granddaughter, and so on.
This item is spelled out in the Family Code for a reason - this is precisely the procedure for marriage. This rule of law can be briefly explained from a medical point of view.
According to experts, close relatives give birth to inferior children who suffer from genetic diseases. In addition, there are also moral and ethical aspects. Modern society does not allow incest.
According to the law, the order of marriage does not allow the creation of a family between adoptive parents and adoptive parents. After all, these relations are equated by law with relatives. And since marriage between a parent and a child is prohibited, the same rule applies in matters of adoption.
You cannot register a marriage if one person is legally incompetent. It can be mental illness or dementia. But such a fact must be recognized by the court.
What is not prohibited
If a person has a certificate of mental illness, but there is no court decision, then the registry office is not entitled to refuse registration of marriage. There are no legal grounds for this. After all, the procedure for concluding and ending a marriage determines that only a court can recognize a person as legally incompetent.
Family relationships with half-sisters and brothers are not prohibited by law. If they do not have a common mother or father, then they can get married and get married. This is not an obstacle to the official creation of a family.
Also, if a person who was previously declared legally incapable has been cured and recovered, he has the right to marry.
And another important point. It happens that a person received an official stamp in his passport, but after a while he was declared legally incompetent. In this case, the marriage will be declared valid, because the disability came later.
Is drinking a reason for refusal?
The procedure for conclusion and dissolution of marriage does not provide for the rejection of those people who abuse alcohol, have problems with drugs. They are not limited in their right to start a family.
But the marriage registration itself, if a person came to this ceremony very drunk or under the influence of narcotic substances, can be delayed or postponed. After all, any citizen of the Russian Federation must understand what he is doing.
Invalidate
There are times when people nevertheless got married without legal grounds. For example, one of their spouses hid the fact of their marriage. Or someone hid that he was incapacitated. What to do in such cases, when the stamp in the passport is already on, and the certificate of a new marriage is on hand?
The second spouse has every reason to go to court and ask to recognize the fact of marriage invalid. Most often, these questions arise after one of the spouses dies, when a pension is appointed or the division of property begins, the widow or widower takes over the inheritance.
In this case, only a court can say a weighty word.
But at the same time, the rights of children who were born during this period will in no way be infringed.
As you can see, the order of marriage is very important. Therefore, persons who submit applications to the registry office always indicate in writing that there are no reasons for the obstacle to marriage.
Fictitious marriage
This concept has long been known to lawyers around the world. Formally with fictitious marriage there are no obstacles, and all legal norms seem to be complied with. But often marriages are not concluded out of love and consent, but solely for selfish purposes.For example, a visiting guest performer needs a permanent residence permit in this city. Or, a person wants to obtain citizenship and therefore decided to get married. Often go to fictitious marriages makes material gain - inheritance.
Upon closer examination, it becomes clear that the person was not going to start a family, but was guided exclusively by selfish goals.
In this case, only the court can put the final point. At the same time, one of the spouses, as well as closest relatives, as well as friends, neighbors, and acquaintances, can apply for a fictitious marriage. The prosecutor may also file a lawsuit about the fictitious nature of the marriage.
It should be remembered that the statute of limitations for filing a claim for a fictitious marriage does not exist.
How to apply
Persons who want to formalize their family relationships in the registry office must personally submit an application. The presence of both parties is necessary so that the registry office employees are convinced that there is mutual agreement, there are no obstacles to registering the marriage. It is not permitted that an application be filed by a trustee or one of the future spouses.
But there are exceptions. In some cases, the law allows one spouse to submit an application. This norm is valid when there is a serious illness in the second spouse, he is doing military service, or people live far from each other. But the application must be signed by the two spouses. The signature of the absent must be notarized.
Marriage can be registered at any registry office that works in the Russian Federation.
Initially, you will need to fill out the official application form for a single sample. Also, future newlyweds must present:
- Passport or other identification documents. This can be a passport, residence permit for those who do not have citizenship. It can also be a national passport of a foreigner.
- If a person remarries, he must confirm the fact of divorce. It is necessary to present evidence that the previous marriage is dissolved. You can provide a court decision that says that the marriage is declared invalid.
- If a person marries before reaching the age of majority, a permit is required, which is issued by the local government at the place of registration.
The registry office, as a rule, is given a one-month period for reflection. During this time, you can pick up the application. For some couples, this period can be shortened for objective reasons or, conversely, increased, but not more than a month. If the young have not changed their minds, then a marriage takes place. At this ceremony, both the bride and groom should be present. Absentee registration is not permitted under any pretext.
A month later, as you filed the application, you are required to paint. You can not register a marriage in absentia, it is not allowed to do this by proxy.
It also happens that marriages are concluded on the day the application is submitted. There must be special circumstances for this. This may be pregnancy, the upcoming birth of a child, a threat to the life of one of the spouses, other risk factors. This should not be an unfounded explanation, all these circumstances should be supported by appropriate documents. This can be, for example, a certificate from a medical institution, a travel letter to life-threatening places, or a statement from a military unit.
Marriage to a foreigner or person not at large
To marry a foreigner, you will need to provide a translation of his civil passport. It is also necessary to take a certificate from the Federal Migration Service about registration in the Russian Federation or the opening of a visa. It is necessary to provide a certificate that he is not married, or a certificate of divorce.
All these documents, which are translated into Russian, are endorsed by the consul of the state, whose citizen applies to the registry office.
But the statement of intention to marry is filled in the native language.Then it is translated into Russian and notarized. This is necessary so that the foreigner clearly understands what he is writing.
In order to marry a convict, there are no obstacles either. A person who wishes to associate his fate with someone who is not at large takes a form from the registry office and submits it to the appropriate institution. The suspect or the accused fills out this application exclusively in the presence of a notary. This specialist certifies the authenticity of the signature on the application. If there are no obstacles, marriage is registered in a special room. It is reserved in every colony and prison.
It is important to remember that state registration is possible only with identification documents.
What surname to stop at?
After painting, spouses can take each other's last names or leave the ones that they wore before marriage. In Russia, according to a long tradition, wives take the names of their husbands. Also popular is the option when two surnames are connected - husband and wife, which are written through a hyphen. A common last name cannot consist of more than two. Recently, the fact that a woman leaves her maiden name has also become common.
In any of these cases, your intention must be said in advance, before registration. After all, after a journal entry is made, and the spouses sign it, it will be difficult to change the names. To do this, you will need to undergo an additional procedure.
Long-suffering divorce
All marriages are made in heaven, but not all of them are durable. Alas, statistics show that the number of divorces in our country is large.
This procedure also needs to be carried out in strict accordance with the law, because not only property rights arise after a divorce. If there are joint children, then one of the parents will have to pay child support and support the child financially until adulthood.
Unlike marriage, divorce can be carried out unilaterally. If one of the spouses cannot be present due to illness or work, he can write a written consent. This is especially easy to do if there are no minor children in the marriage. Therefore, if the spouses do not have common children and agree to a divorce, such a procedure can be done even in the registry office.
However, if the husband or wife fundamentally does not agree to a divorce, then the court will take up the case. In court, you cannot divorce your spouse, who is in a position, or if the joint child has not yet turned one year old. But this only applies to restrictions that apply to the husband. Here is such an injustice. The wife will receive a divorce at any time and in any position.
According to the Family Code, automatic divorce is also possible. This will happen when one of the spouses fails to appear in court three times, where a divorce case is being heard. Such a marriage is terminated automatically.
But what reason to indicate by submitting a divorce statement? Good reasons for this can not be sought. Any reason will be recognized as important and essential. Starting from the banal phrase "did not agree on the characters" and ending with grave accusations of lies and treason.
It is impossible to force anyone to live together. Therefore, in most cases, applications for divorce are quickly satisfied. Well, to solve property issues, to share children and so on - this is the prerogative of the spouses themselves. If they cannot agree, then it’s worth going to court.
