Definition of marriage
The essence of marriage relations can be correctly formulated by defining them as a legally formalized voluntary and free union of a woman and a man, with the goal of creating a family and giving rise to mutual rights and obligations.
The wording very clearly outlines the boundaries and scope of the union, suggesting that only people of different sexes can be married, and their intentions should be aimed at creating family relationships. Otherwise, the concluded agreement may be declared invalid.
Marriage has no legal force and does not imply the emergence of mutual duties and rights of husband and wife unless formalized in compliance with all necessary legal formalities.
You can learn about the legal side of marriage relations from our material called “Marriage”.
Legislation on filing an application for marriage registration
The regulatory function regarding the conditions and procedure for filing an application for marriage is performed by the Family Code of the Russian Federation and the Federal Law of November 15, 1997 No. 143-FZ “On Acts of Civil Status”. Their articles determine that registration of marriage relations is authorized exclusively by civil registry offices that maintain the register (book) of civil status acts.
These laws also determine:
- all the basic rules and procedure for submitting an application;
- reasons why the application cannot be accepted for consideration;
- list of required documents;
- deadlines for consideration of the application;
- special conditions that are taken into account when changing existing norms of Russian family legislation.
Required documents
The list of mandatory documents required to register a marriage is very small:
— completed application;
- passports of future spouses.
When submitting an application through State Services, the passport data will already be in the system, but of course they are necessary for the registration itself!
In special cases, additional documents will be required:
— a document confirming that the previous marriage was dissolved (for those who are registering a marriage not for the first time);
— permission to marry (for minors under 18 years of age);
— if one of the future spouses is a foreigner, then a notarized translation of all documents will be required, as well as a certificate of his marital status in any case.
If a girl changes her last name after marriage, then she is given 30 days to change all documents, during which documents with the old last name will still be valid.
Who can submit an application?
In general practice, when applying for registration of a marriage, both the bride and groom must be present. However, there are significant circumstances in which the application must be submitted by one spouse. Then the parties fill out separate forms.
Anyone who cannot appear in person must have their copy certified by a notary. The second party, having with him a form drawn up according to the rules, as well as the necessary documents of his future spouse, appears at the appropriate government agency.
Thus, to the question whether it is possible to submit an application to the registry office without a bride or groom, the legislator gives a positive answer.
How many months in advance should I submit an application to the registry office for marriage registration in 2021?
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.
In addition to them, there are also sanitary days: the last Thursday of each month in the registry office and the first Tuesday of the month in the Wedding Palaces. Why can the registry office refuse? The rules for submitting an application to the registry office provide for reasons that prevent marriage:
- marriage cannot be concluded if one of the spouses is in another marriage;
- marriages are not allowed between relatives, as well as between adoptive parents and adopted children;
- it is impossible to marry a person who is declared incompetent due to mental illness or dementia;
- A marriage entered into in violation of the terms of the Family Code, as well as a fictitious marriage for the purpose of obtaining any material benefits, is invalid.
Once you have submitted your application to the Registrar's Office and completed your formal registration, you can proceed with your ceremonial registration.
Many lovers want to remember this for the rest of their lives.
What methods of application are there?
It is the right of the people entering into it to choose the method of application for registering a marriage. Acceptance of applications for marriage registration in 2021 is possible:
- in any territorial civil registry office on the territory of the Russian Federation;
- at the local branch of the MFC;
- on the government services website when filling out the appropriate form.
On the government services portal, you can select a specific date and time for the wedding ceremony, as well as the date when documents will be submitted. In this case, it is possible to avoid the queue and sign on the selected day.
You can learn more about how to submit an application by reading the material “Submit an online application to the registry office.”
Advantages of applying through the portal
Each person chooses for himself the most beneficial ways to resolve certain issues. Like marriage registration records, there are many positive aspects in it:
- Possibility of submitting an application 6 months in advance.
- Prompt review of applications by specialists.
- Payment of duties on the website.
- Discount.
Are you and your significant other in another city and want to get married? In this regard, the question arose: will they sign you up at a location other than your place of registration? Regardless of what city you are in, you have the right to submit an application through State Services.
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You need to have documents with you: passport and SNILS. You will not need to look for a registry office (this is relevant in situations where you do not know the city or spend most of your time at work).
Important: it is worth booking your marriage registration date in advance. But, if necessary, it can be moved
Please note that you have the opportunity to postpone the wedding date, but in no case should you change the registry office
Time from application to wedding
How many months in advance do you need to submit an application to register a marriage relationship? This is a question that arises most often before a wedding. The law defines a minimum period of one month that must pass before registering a marriage.
The minimum period for filing an application may be reduced in special cases determined by law, or increased at the request of the applicant. The bride and groom can choose their desired date and time of marriage by contacting the registry office more than a month before the intended celebration.
Taking into account all possible options, spouses must decide for themselves when to apply. It is possible to shorten the waiting period for registration established by law and carry it out on the day of filing the application in the presence of circumstances provided for by law.
The article “How to quickly register a marriage” will help you understand all the reasons and legal circumstances for reducing the waiting period for registration.
How long does it take to register a marriage after submitting an application to the registry office?
The conclusion of a family union can occur in different ways. Some newlyweds prefer a formal atmosphere, while for others a formal decoration is enough. However, both will have to submit an application to the registry office. Not everyone knows how to register a marriage and how long to wait after submitting an application to the registry office.
- 1 Procedure and rules for submitting an application to the registry office for marriage registration
- 2 Which department to submit documents to?
- 3 What time are documents accepted: office hours on weekdays and weekends
- 4 How long to wait after submitting an application to the registry office 4.1 Standard general period
- 4.2 Minimum term
- 8.1 Non-ceremonial painting
To apply for registration of family relationships, both future spouses must come. Representation is not permitted, and the only exception is when one of the couple applies with a notarized power of attorney from the other. This situation often arises due to a long business trip of the newlywed, etc.
Interested persons must have their passports and paid documents with them.
If one of the couple has previously had experience in marriage, then it may be necessary.
All submitted documents must meet the criterion of validity.
If due to reaching the appropriate age, then it is necessary to obtain it in a timely manner. An expired document will not be accepted by any authority, including the registry office.
- Preparing to submit an application, if necessary, drawing up a power of attorney.
- Show up on the appointed day with your passports.
- Drawing up an application and paying the state fee. During the process, the date of registration is selected, its type is specified: solemn or not, and other important nuances.
- Receiving referrals for a free medical examination if desired.
- Receiving information about the date and time of the celebration.
Typically, the application procedure does not take much time, especially if the appointment was made by appointment.
There is no linking of citizens to civil registry offices at the place of registration, actual residence or other criteria.
That is why it is advisable to submit an application only to the department where the wedding will later take place.
Apart from this parameter, there are no additional ones.
A couple can apply to the country and refusal due to registration in another city is not legal. However, for practical reasons, it is tedious to take into account that when performing any legal actions that require the presentation of certificates and other documents from the registry office, you will need to make a request to the one where the marriage took place.
What time are documents accepted: office hours on weekdays and weekends
Each department has its own work schedule, so it is advisable to check the appointment time directly by phone or on the official website. In the vast majority of cases, work on accepting applications for marriage registration begins at 9.00. Today in most cities it is possible to sign up in advance and not have to wait in line.
Most branches are open until 17.30 -18.00, and are also open on Saturdays. However, one weekday in a month is a non-working day due to technical and sanitary requirements.
What is needed to pick up an application from the registry office
It is not for nothing that the legislation provides for a month period so that future spouses can once again be convinced of the correctness of their decision and the firmness of their intention to get married. If for some reason one or both of the parties decide to refuse to register the relationship, there are two ways to do this.
Firstly, you can personally appear at the registry office to which the application was submitted. If for some reason personal appearance is not possible, you should send a written request for the return of the application with the obligatory attachment of a notarized copy of the passport.
All the nuances of returning an application for marriage registration are set out in detailed recommendations on how to withdraw the application from the registry office.
The procedure for divorce by court
In cases where a divorcing couple has common children under the age of majority, one of the people in the couple does not agree to divorce or avoids it, the divorce is carried out in court.
How long does it take to process a claim?
According to the law, with the mutual consent of the parties, the court dissolves the marriage one month after the claim is received by the Justice of the Peace, and 2 months after it is received by the court. How long you will have to wait for a decision to be made depends on various factors (whether there are children together, joint property and what kind, loans, etc.)
Procedure for filing a claim for divorce
Before filing an application, you should first find out where exactly you need to apply: to the court (and which one) or to a magistrate.
If the divorcing spouses do not have disputes about who will raise and support the children in the future, and do not divide property and other assets, a statement of claim for divorce can be submitted to the Justice of the Peace. If the parties have mutual claims, the case is filed in court.
Which court should I go to?
Claims are accepted in the courts at the place of residence (registration) of the defendant, with the exception of the following cases:
- the plaintiff has dependent children under 18;
- the plaintiff’s health condition does not allow him to go to court at the defendant’s place of residence (to prove the fact of illness or disability, the court must present a certificate from a medical institution).
How to properly file a claim for divorce
General information to be provided:
- Full name of the Justice of the Peace or the name of the court where the claim for divorce is filed;
- details of the plaintiff and defendant (indicating passport and place of residence);
- address, name of the civil registry office that registered the marriage;
- main grounds for divorce, facts and evidence;
- documentary evidence of the need to go to court (birth certificates of children, documents confirming the acquisition of property during marriage, etc.).
Required documents
The main securities include:
- identification documents of the parties (as well as birth certificates of children);
- receipt;
- inventory of property;
- original marriage certificate.
There is a lot of debate about whether it is possible to withdraw a statement of claim for divorce from the court. The claim can be taken back by the plaintiff if the divorce decision has not yet been made. To suspend the divorce process and withdraw the claim, the plaintiff must provide (or mail to the judge) hearing the case an application to withdraw the claim.
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