Submitting an application to the registry office
To understand the specifics of revoking a marriage application, you need to understand the basics of the procedure for registering a marriage itself. This is a separate event that requires compliance with many formalities. After all, before contacting the registry office, you should decide on the date and time of the proposed event, pay the state fee and draw up the application itself. You can find out more detailed information on how to properly register a marriage in the article “Submit an application to the registry office for marriage registration.”
How to pick up an application from the registry office?
It is impossible to pick up an application from the registry office - to receive a piece of paper in your hands: it goes into the archive and will be stored there for as long as prescribed by law. But you can write one more thing - about refusing to marry, and the new one will “annul” the previous one.
However, there are several rules for canceling marriage registration:
- You can only contact the civil registry office office to which the application for registration was submitted; it cannot be withdrawn from any other office;
- You must contact the department in person: it is impossible to inform about a new decision either by phone calls or on the public services portal. As a last resort, it is permissible to send the refusal by mail, but a notarized copy of the passport must be sent with it.
Legislation
Issues of marriage and its dissolution are regulated by the Family Code of the Russian Federation, as well as.
Thus, Article 12 of the RF IC defines marriage as a voluntary union between a man and a woman, and also directly stipulates that no one has the right to force a citizen to take this action or prevent its abolition. In other words, the law directly provides for the impossibility of putting pressure on citizens regarding issues of starting a family.
Is it possible to withdraw an application from the registry office for marriage registration if you change your mind about getting married?
According to the Family Code of the Russian Federation, the key concept of a marriage union is voluntariness
. No one can force anyone to marry or interfere with the decision to cancel registration.
It is not for nothing that after submitting documents to the registry office, future spouses have to wait at least a month for the wedding procedure: this time is given so that they can think about everything again and take a responsible approach to their decision.
Therefore, if suddenly the couple changes their mind, someone has doubts, or circumstances simply develop in such a way that the wedding has to be postponed, it is possible to withdraw the previously submitted application. Based on the principle of voluntariness, it is submitted jointly: for marriage, the consent of both parties is required.
Moreover, the person who changes his mind is not obliged to inform the failed spouse about his decision. Although, of course, this must be done for reasons of decency and humanity. Still, the other party has the right to know that there will be no wedding, and to find out about it as early as possible.
How to refuse a wedding ceremony
In accordance with current legislation, only the registry office authorities are vested with the competence to register a marriage, which means that the procedure for withdrawing a previously submitted application is also carried out directly by contacting these authorities.
To cancel the registration of a planned marriage, partners should draw up a corresponding application (refusal) in writing and submit to the registry office.
One of the partners or both can pick up an application for marriage registration during a personal visit to the registry office or by sending a corresponding letter there.
We issue a refusal to register a marriage
During a personal visit, the procedure for registering a refusal to enter into marriage will look like this:
- Contacting a civil registry office employee with a request to receive an application form. In their work, the employees of this institution often encounter situations where a previously made decision to start a family changes, therefore, as a rule, they provide an application form without any unnecessary questions and assist in filling it out.
- Filling out the application. To do this, you will need the details of a previously submitted application for marriage, as well as an identification document of the applicant. You may also need information about the personal data of your partners, so it would be a good idea to stock up on passports.
- Submission (registration) of an application is the final stage in the procedure for canceling marriage registration.
You can cancel your application to the registry office without visiting it - by sending a corresponding letter to the official address of the institution. As in the case of personal submission of an application, here you will need to be careful in drawing up the document, correctly and accurately entering the necessary details and data.
Compliance with all requirements of current legislation regarding the form and content of the application is the key to success in its acceptance and consideration.
According to Article 11 of the RF IC, the official registration of relations requires the simultaneous presence of both citizens wishing to enter into a marriage. Therefore, the simplest (although not the most ethical in relation to the registry office employees and other couples) way for the marriage to not be concluded is the failure of at least one of the couple to appear at the registration authorities at the time appointed for the event.
Procedure
How to pick up an application for marriage registration from the registry office? First of all, it is necessary to pay attention to the fact that the concept of “take away” in this case is not entirely correct.
Citizens can refuse registration, but no one will return the previously submitted document to them. The application for marriage will be kept in the archives of the institution to which it was submitted.
In order to cancel registration, citizens must submit a refusal (in writing). If both parties (or one of the parties) have the opportunity to appear in person at the recording authority, the procedure will be as follows:
- Come to the office of the registration authority to which the application was submitted. It is not necessary to notify the other party about this, but it is still recommended. This action will help you avoid unpleasant situations.
- Contact one of the institution's employees with a request to formalize the refusal . In this case, the registry office employee can ask the citizen several questions regarding the reason for changing the decision. The person issuing the refusal may explain to the employee of the recording authority what circumstances led to such a decision or refuse to give an answer.
- Fill out the form provided by the civil registry office employee. In this case, the citizen must have with him the details of the application submitted earlier. The header of the document must indicate the exact address of the office of the recording authority to which the refusal is submitted.
- After the refusal is drawn up, it is necessary to transfer the document to an authorized employee of the registry office. The latter will check the correctness of the entered data and enter the information into the record book.
Important! The person issuing the refusal must have a passport with him.
If none of the citizens wants or is unable to personally visit the registration office, they can send a refusal by mail. In this case, it is necessary to draw up a written application for refusal of the marriage process and send it to the address of the registry office to which the application was submitted.
A copy of your personal passport must also be attached to the document, otherwise it will be ignored. You should also indicate a contact telephone number that will allow the institution's staff to contact the person who submitted the application.
Will refusal to register a marriage entail liability?
Contrary to the popular belief that if you refuse a previously submitted application you will have to pay a fine, this is not true. In fact, the only material costs that the applicant will incur are the non-refund of the fee already paid. Since the creation of a marriage union, according to the law, is a right and not an obligation, citizens have the right to dispose of such a right at their own discretion. Refusal to exercise this right (even after filing an application) cannot be considered an offense entailing any liability.
Thus, the legislation allows citizens to change their decision and withdraw their application, but even in this case the citizen is not deprived of the right to re-apply. Starting a family is one of the most important events in the life of every person, and that is why it is so important to treat it with a high degree of responsibility and be aware of all the consequences of the choice for both yourself and your partner.
Is it possible to just not come to registration?
On third-party resources you can often find the thesis that failed newlyweds must write a refusal to marry in advance, otherwise they will be fined. However, neither the amount of the fine nor the method of collection is indicated.
Our state provides for liability for those who, by their actions, violate the provisions of the Law “On Acts of Civil Status,” but in practice, employees of civil registry offices who act unlawfully are subject to such liability. Neither the Code of Administrative Offenses (Code of Administrative Offenses) nor any other legal act provides for any punishment for those who did not show up to register their marriage
If the bride and groom, or only one of the parties, do not appear at the appointed time and date at the wedding palace, they are not only not subject to any persecution by the state, but can also apply for marriage registration in the future.
The state fee that the couple paid before applying for marriage is not refundable . But the loss of 350 rubles can hardly be compared with the consequences of entering into an unwanted marriage.
The main unfavorable consequence for those who secretly decided not to go to the registry office for the ceremony is condemnation from those getting married who wanted to register their marriage on that day and time, but could not because “it was busy.”
Canceling a wedding online
To apply for marriage, there is no longer any need to go to the registry office in person: this can be done via the Internet. True, such a service is available only to citizens of the Russian Federation.
When submitting an application online, information about future spouses must be filled in by both of them from their personal accounts, and this must be done within 24 hours from the moment the application for the service is submitted.
If for some reason this was not possible, the application will not be accepted for processing. You must also immediately pay the state fee on the portal. Within 5 days, those who submitted the application will receive a confirmation response indicating the date, time and location of the wedding ceremony.
Naturally, both future spouses must appear in person at the wedding procedure itself. In addition, there are registry offices where it is impossible to submit an application “virtually”, for example, Moscow wedding palaces at VDNKh and Kolomenskoye.
However, you will not be able to withdraw your application online. You need to personally contact the registry office where the registration was planned and write an application.
If for some reason a personal visit to the registry office is not possible, for example, the bride and groom have already moved to different cities, or they simply do not have time, you can send an application by mail to the address of the relevant registry office. To be sure that the document will be delivered to the address, it is better to send it with notification.
The application can be written in free form, but must have the appropriate form. In the upper right corner it is indicated to whom and from whom the application is being submitted, then the text itself is in the center, and below is the date and signature of the applicant.
A mandatory requirement is to indicate:
- full and correct name of the registry office;
- passport details and residential address of the applicant;
- full last name, first name and patronymic of the former bride and groom;
- numbers and dates of the previously submitted document for marriage;
- date, signature and its decoding.
A notarized copy of your passport must be attached to your application. It is also advisable to indicate a contact telephone number by which the registry office staff can contact the applicant to clarify possible questions.
Forms of refusal
The emergence of reasons for canceling registration poses the question of how to cancel a previously planned celebration and whether it is necessary to withdraw the application. Before moving on to the moment of direct execution of the plan, you should clarify the procedure.
Unlike filing an application, which can only be done with mutual voluntary desire and in the presence of both future newlyweds, it can be canceled in several ways:
- Together, the couple agrees on a time and comes to the registry office together, where they express their desire.
- One of the partners. If one of the applicants has reasons or simply wants to cancel the registration, he can independently come to the registry office and declare this. The opinion of the second applicant is not taken into account.
There are two ways to cancel a marriage:
- Submit an application to cancel registration.
- Do not show up on the appointed day for painting.
The method of refusal depends on one’s own choice, and often on the moment of making the decision to cancel the wedding.
Submitting an application to the registry office
The most correct option when canceling a wedding is to appear at the registry office to submit an application with notification of changed plans. This requires some time investment, especially for those who live in large cities and planned a celebration for the wedding season. To implement the plan, one of the applicants or both should:
- Come during office hours to the same department where you submitted your application.
- Write a statement of refusal.
- Visit the registrar with your passport and declare your desire to cancel the wedding.
The form is issued by the registrar, although this document can be compiled in any order. The form should include:
- Passport details of both parties.
- Addresses of the bride and groom.
- Date of submission of the initial application.
- Number of the application submitted for registration.
- Reason for cancellation. It can be anything, even purely formal; it is also possible not to indicate it at all.
- Date of filing and signature of the applicant.
Submitting an application will invalidate the original form, but this does not mean that it will be thrown out or destroyed. The canceled application goes into the archives of the registry office for storage and is not issued in person.
How to write an electronic application correctly - instructions
Submitting an online application to the registry office is very simple. The entire process of filling out an electronic application consists of four steps:
- Selecting the registry office where the wedding ceremony will take place, filling in the date and time of the reception.
- Filling out information about the groom: full name, date of birth, registration address, passport number, phone number, email address, etc.
- Filling in similar data for the bride.
- Checking the information by the system, followed by notification of the successful reservation of the registry office and proceeding to payment of the state fee.
Both the bride and groom must submit an application for marriage registration. Each of them does this in their own Personal Account on the official government services portal. For this reason, you must register in advance and wait for your identity to be confirmed.
Is it possible to re-submit documents after canceling the marriage?
The law does not limit the number of applications for marriage registration that a citizen can submit, and the presence of applications for refusal of marriage does not affect this in any way.
Regardless of who the failed bride and groom decide to marry - again with each other or this time with other people, they will have to repeat the entire procedure again: appear at the registry office together (or through the government services portal), pay the state fee, write application and wait at least a month for the marriage registration procedure.
True, in rare cases when the future newlyweds’ decision changed literally within a few hours, and if the registry office staff cooperates, the old application can be used. But this is rather an exception to the rule.
If a couple does not want to refuse to register a marriage at all, but would like to simply postpone the marriage procedure, this can be done without a refusal application, but no longer than for one month. In this case, the paid duty remains valid and does not need to be paid again.
Starting a family is not only a great joy, but also a great responsibility. A mistake in making such a decision, of course, is not fatal, because you can get a divorce.
But if you have doubts about the need to marry a specific person before the wedding, it is better to think it over carefully: withdrawing the application before registering the marriage is easier and faster than dealing with a divorce later.
What is marriage and who can enter into it?
According to Russian laws, marriage is a voluntary equal union of a man and a woman who have reached the age of majority and have registered their relationship with the civil registry office (in the registry office).
This is a civil marriage. To call a relationship in which a couple simply lives together this way is de jure wrong. Civil means secular, recorded by state, not religious authorities.
To go through the procedure of state registration of marriage, you need:
- Be adults. The general marriage age is 18 years, in exceptional cases - 16, and in some regions - 14.
- Show mutual consent and submit an application.
A stamp will not be placed in the passport if the bride or groom is in another registered marriage, are close relatives, or are declared incompetent by the court.
How many days before the wedding should I submit an application to the registry office?
According to Article 11 of the Family Code of the Russian Federation, marriage takes place one month after filing the relevant application. Thirty days are given to weigh everything again and consciously create a family. According to the law, the registry office may increase this period, but not more than by a month.
In practice, due to queues for formal and outdoor ceremonies, couples are forced to book the required dates several months before the wedding. Please note: make a reservation. The application itself is still written exactly 30 days in advance. In other words, if a beautiful date is important to you, you will have to visit the registry office more than once.
In what cases is it not necessary to wait a month?
They can reduce the thinking time and even schedule a couple on the same day if there are good reasons. For example:
- The bride is pregnant or the child together has already been born.
- The life of the bride or groom is at risk due to illness.
- The groom goes to serve in the army.
- The bride or groom is leaving on a long business trip.
Any of these circumstances must be documented. Thus, the fact of pregnancy is certified by a certificate from the antenatal clinic with stamps, signatures and due dates. If you are not giving birth soon, the registry office is unlikely to accommodate you: you will have to wait 30 days.
Which registry office should I contact?
The rule about filing an application for registration of one of the future spouses has been cancelled.
Now you can contact any civil registry office department (and even several at once) of any city, regardless of the place of permanent or temporary registration. The exception is marriage to a foreigner. Not all registry offices register such unions.
If the civil registry office employees of a foreign city or district refuse to accept the application, ask for the refusal to be issued in writing, indicating the reason. Then you can easily appeal it.
What documents need to be collected?
- Joint statement in form No. 7.
- Passports of the bride and groom.
- Certificate of divorce, if one of the future spouses was previously married.
- Death certificate if there is a widow or widower in the couple.
- Notarized parental consent for marriage, if the bride or groom or both are under 18 years of age.
- Receipt for payment of state duty.
The state fee for registering a marriage is 350 rubles. It is paid by one person.
How to fill out an application?
In any case, the date and signatures of the applicants are affixed in person in the presence of a civil registry office employee.
The marriage application consists of two columns: for him and for her. The bride and groom must indicate personal and passport details, citizenship and nationality (optional), and also make a note of what surname they wish to bear after the wedding.
The registry office employee must check the data, offer a free date for registration, run the application through the ledgers and affix a stamp.
How to apply?
Expert opinion
Egorov Stepan Stanislavovich
Legal consultant with 7 years of experience. Specialization: civil law. More than 3 years of experience in document examination.
Marriage is a purely personal matter. You cannot apply for registration through a lawyer or other legal representative. But you can do this in two forms:
- In person - through civil registry offices or multifunctional centers for the provision of state and municipal services (MFC).
- Online - through the government services portal.
The ability to submit an application and accompanying package of documents through the MFC significantly simplifies the process. After all, registry offices on weekdays mostly work until six in the evening, while many MFCs have extended working hours.
Is it possible to apply for marriage registration alone?
The application is usually submitted in the presence of the bride and groom. But if one of them, for good reason, cannot visit the registry office or MFC, applications may be accepted from one of the future spouses.
Namely statements, since in this case two documents are drawn up and the absent person must have his copy certified by a notary. You need to do the same with copies of the attached documents.
How to apply for marriage registration online?
You can submit an application for marriage through the “Government Services Portal of the Russian Federation”: “Catalog → “Marriage Registration”. Provided that the bride and groom have verified accounts on gosuslugi.ru.
Usually the groom begins the procedure and, having filled in his details, sends an invitation to the bride. She goes to the site and completes the checkout. After this, you need to go to the payment tab. When submitting an application for marriage registration through the government services portal, the state fee will be 245 rubles.
How to pick up an application for marriage registration?
The application has been submitted, the registration date has been set, but something went wrong... The bride and groom can change their minds at any time and withdraw the application for marriage registration, both together and separately.
Until the state registration of marriage, neither a man nor a woman bears any legal obligations towards each other and has no rights.
If the application was submitted in person, you must contact the registry office and document the refusal. A passport and application will be required. It is not necessary to indicate the reason for refusing to marry. The state fee is not refundable.
If the application was completed via the Internet, and the registry office is located in another city, you can simply call and say that the selected date is free. But most failed spouses simply do not come to register. There is no administrative or any other responsibility for this.
Moreover, having withdrawn one application, you can immediately submit a new one with the same or another person.
Based on materials from the Lifehacker website
Other publications on the topic:
Expert opinion
Egorov Stepan Stanislavovich
Legal consultant with 7 years of experience. Specialization: civil law. More than 3 years of experience in document examination.
When submitting an application to the registry office for marriage registration, the couple calculates a date convenient for them, and plans all their affairs in accordance with the chosen time. But even careful plans can fall apart by accident.
Situations often occur when a wedding is canceled or postponed indefinitely. Changes in a previously planned event entail a number of consequences, in particular, it is necessary to withdraw an application from the registry office for marriage registration.
What happens if you don’t come to register your marriage?
On various legal websites on the Internet you can often see the question, what will happen if you don’t come to register your marriage? Sometimes, in response to this, lawyers write about some kind of sanctions for failed newlyweds: supposedly a fine will be imposed.
In fact, the legislation of the Russian Federation does not provide for any penalties . Failure to appear for marriage registration does not fall under the scope of the Law “On Civil Status Acts” or the Code of Administrative Offences.
Expert opinion
Egorov Stepan Stanislavovich
Legal consultant with 7 years of experience. Specialization: civil law. More than 3 years of experience in document examination.
But it is still worth writing a refusal to marry, and the reason for this is purely moral. Firstly, the registry office employees will be preparing for a ceremony that will not take place, which means they will waste time and effort.
Secondly, perhaps some couple would like to get married on this very day (this phenomenon is especially common on “beautiful” dates or the “high” marriage season), but everything is already taken.
So, the consequences of a couple’s failure to attend their own wedding will be:
- loss of state duty - it is not refundable. Today the fee is 350 rubles (or 245 rubles when paying on the government services website through an interactive marriage registration form);
- condemnation from the wasted efforts of the registry office workers and those getting married who could take up your registration time.
Visit to the registry office
It is necessary to declare a refusal of the intended action only at the registry office to which the application was submitted. Appeal to any other authorities is excluded. At the same time, you can submit a new petition, with a different person. The document will be accepted at any wedding palace, despite the refusal of the first application.
The law limits the time spent in the queue of the civil registry office - no more than 15 minutes. However, in reality everything happens differently. On some days before the opening of the institution, long lines of newlyweds line up on the street.
Since documents for marriage registration are submitted by the bride and groom jointly, a reasonable question arises as to whether one of them can withdraw the application. Logic allows us to conclude that this is quite acceptable. After all, if one of the couple is against the upcoming marriage, then it will not take place. However, the other party must also be notified of a unilateral refusal, based on moral and ethical considerations.
How to cancel a wedding alone?
To cancel a wedding you must follow these steps:
- at any convenient time (of course, during the opening hours of the institution) personally go to the registry office where the application was submitted. You need to have your passport with you;
- Contact a branch employee to register a refusal. You will be given a form to fill out. At the same time, it is not at all necessary to answer the employee’s possible questions about the reasons for canceling the wedding: you have the right to both give explanations and refuse them;
- carefully fill out the application, paying special attention to the correct name and address of the department, passport details, as well as details of the previously submitted document for marriage (details can be obtained from a civil registry office employee);
- Give the completed refusal to the department employee and wait until he checks all the data and makes the appropriate entry in a special book.
It's fast and free!
Expert opinion
Egorov Stepan Stanislavovich
Legal consultant with 7 years of experience. Specialization: civil law. More than 3 years of experience in document examination.
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