All people have the legal opportunity to create their own family, everyone has the right to enter into a marriage union with a loved one, regardless of the religion they adhere to, regardless of their nationality, race, or any other factors. This right is provided for by current family law. But at the same time, it is necessary to know and comply with all the conditions and requirements under which it is possible to conclude a marriage that meets all the requirements of the legislation. You can also read the terms and conditions.

Conditions under which a marriage takes place

Of course, everyone who wants to start a family needs to know and understand the conditions that are needed for marriage. Under such conditions, circumstances that are mandatory for strict execution in order for the marriage to have legal force, that is, to be valid with all the legal consequences arising from this reality. What conditions are necessary for marriage? There are not many of them, but absolutely all of them must be completed. It:

1. Voluntary consent of persons concluding a marriage union;
2. Achievement of the necessary statutory marriageable age(currently this age is the full 18 years);
3. The absence of obstacles that are essential for the registration of a new family.

The voluntary consent of the spouses means that they enter into a marriage union voluntarily, freely, of their own free will. Moreover, this will cannot be expressed indirectly, it is expressed only personally during the registration of marriage. It is necessary to comply with such a requirement so that the employees of the registry office make sure that the parties given condition. With a free marriage, we can talk about the absence of any coercion on the part of third parties or the second spouse in the form of mental or physical violence. But it is important to distinguish between coercion and parents' advice regarding the upcoming marriage.

Required age for marriage

The next condition, which is also mandatory, is the achievement of the age of marriage established and fixed by family law. It is from this age that marriage legal capacity arises. For men and women, the Family Code sets the same age - 18 years. The question arises - is it possible to get married and start a family before reaching the age of 18? It is possible, but only if there are certain reasons, and good reasons, and obtaining permission local authority self-government, which will reduce the age of marriage. Each case is considered individually, there is no strictly defined list of such reasons in the legislation. But the decision must be made solely in the interests of the minor and at his request.
As for the state registration of the marriage of those persons who at the time of registration have not reached the age of 18, it is carried out in a general manner. An important point is the acquisition in such a case of full civil capacity. This happens automatically at the time of marriage. But if the court, for some reason, recognizes such a marriage as invalid, full legal capacity is lost, and the moment of this loss is determined by the court.

Barriers to marriage

The family code establishes obstacles,. These are facts of legal significance, in the presence of which the registration of a marriage is contrary to the requirements of the law. If the marriage is nevertheless registered, it is declared invalid in judicial order. So, it is impossible to marry a person who is already married or married, and his marriage is registered.
If people are relatives with a close degree of kinship, marriage between them is also impossible. If the adoptive parent and the adopted child wish to marry, this is also prohibited. It is impossible to conclude a marriage union and incompetent citizens.
As mentioned above, this list is exhaustive. And the refusal of the registry office to register a marriage for reasons other than those listed above is illegal.

Unfortunately, not all marriages last forever. And if the marriage ends with a divorce, then it is important to know how to implement it correctly.

The conditions for entering into a marriage are the circumstances (legal facts) fixed by the IC and necessary for state registration of marriage, recognition of marriage as valid. The conditions for concluding a marriage are:

1) mutual voluntary consent of persons entering into marriage. Mutual voluntary consent of the future spouses to marry is expressed in writing in their joint application for marriage or orally during the procedure for registering marriage in the registry office and is confirmed by their personal signatures;

2) attainment by persons entering into marriage of marriageable age;

3) the absence of circumstances preventing marriage.

Reaching the age of marriage at the time of state registration of marriage is necessary because marriage requires a certain degree of physical, mental, social maturity, the onset of civil capacity of a citizen in full. The Family Code does not set limits age limit marriage, as well as the difference in age between future spouses. According to the norms of the UK, the possibility of reducing the age of marriage to 16 years is allowed: 1) in exceptional cases(pregnancy of a minor, the birth of her child, etc.); 2) if there are reasons that the authorities local government be considered respectful.

Civil law establishes the legal status minor spouses. So, if a person whose marriageable age has been reduced registers a marriage, then from the moment of marriage, he acquires civil capacity in full. The guardianship of such a person is terminated. The legal capacity acquired by him (until he reaches the age of 18) is retained even if the marriage is subsequently dissolved (with the exception of the case where the marriage is declared invalid and the court decides on the loss by the minor of the full legal capacity he acquired) . The right to establish the procedure and conditions under which entry into marriage as an exception, taking into account special circumstances, may be permitted before the age of 16 is granted to the subjects of the Russian Federation.

Obstacles to marriage are legal facts in the presence of which a marriage cannot be registered, and if it is concluded, it is illegal and can be declared invalid in a court of law. The Family Code establishes an exhaustive list of obstacles to marriage.

Marriage not allowed:

1) between persons, of which at least one person is already in a registered marriage. This prohibition of family law operates on the principle of monogamous marriage (monogamy);

2) between close relatives: in a direct ascending line (parents and children); in a straight descending line (grandmother, grandfather and grandchildren); between full and half brothers and sisters (half-blooded, that is, having only a common father; half-blooded, that is, having only common mother). This prohibition has a biological significance (it prevents the transmission of many hereditary diseases and the appearance of defective offspring), as well as moral and ethical significance;

3) between adoptive parents and adopted children, since relations arising in connection with adoption are equated to relations existing between relatives by origin. This prohibition operates from considerations of a moral and ethical nature;

4) with a person who has been declared legally incompetent due to a mental disorder by a court.

The current family legislation gives legal significance only to a marriage registered in the manner prescribed by law. The procedure for registering a marriage is regulated by Art. 11 UK, as well as Ch. 3 of the Civil Status Act. State registration of marriage is carried out by registry offices on the territory of the Russian Federation at the choice of persons entering into marriage. If the persons entering into marriage reside outside the Russian Federation, but are its citizens, the registration of the marriage is carried out by consular institutions of the Russian Federation.

The basis for state registration of marriage is a written application of persons entering into marriage. The will to enter into marriage may be expressed both in a joint declaration and in separate declarations of the persons entering into marriage. In this case, the signature on the application of a person who did not appear at the registry office must be notarized.

Marriage is registered after a month from the date of filing the application in the personal presence of the persons entering into marriage. If there are valid reasons, the registry office may reduce the monthly period or increase it, but not more than one month. In Part 3, Clause 1, Art. 11 of the UK provides for the possibility of state registration of marriage on the day of filing an application in the presence of special circumstances (pregnancy of the bride, birth of a child, direct threat to the life of one of the parties, etc.). Marriage registration is usually carried out in the premises of the registry office in a solemn or ordinary atmosphere, depending on the desire of those entering into marriage. If, due to a valid reason, those who are getting married (or one of them) cannot arrive at the registry office, state registration can be made at their location (for example, in a hospital, in a place of deprivation of liberty, etc.) by an employee of the registry office authorized to carry out registration. An entry is made in the register of acts of civil status on the marriage, and the spouses are issued a certificate of marriage.

Subjects agreeing to a marriage must have marital capacity. As a rule, it begins at the age of 18, but Russian legislation also provides for an earlier age of marriage. Thus, the Law of the Nizhny Novgorod Region of September 10, 1996 “On the procedure and conditions for the marriage of citizens under the age of 18 years” provides for the conferment of marital capacity by way of exception to persons who have reached the age of 14 years, at their request, at the request of their parents or replacing them persons (special circumstances in this case immediate morning is recognized - for the life of one of the spouses, pregnancy, the birth of a child). Permission to enter into marriage is given by the governor of the region at the request of the head of the administration of the local self-government body. In addition to the application, the conclusion of the health authorities, guardianship and guardianship is submitted.

The legally established procedure for concluding a marriage gives marital relations a public legal basis, that is, it ensures recognition of these relations by society and the state. Marriage can be entered into in any body of the registry office on the territory of the Russian Federation at the choice of the persons entering into marriage. The registry office makes an act record and issues a marriage certificate.

The following documents are required to apply to the registry office:

1) passport;

2) if necessary, a certificate of termination previous marriage or death certificate of the previous spouse;

3) persons under 18 years of age - permission of local authorities.

What are the conditions and procedures for marriage?

What are the conditions and procedure for concluding a marriage is a question that needs to be resolved in case of doubts about the smooth passage of the procedure. In our article, we will consider the requirements that must be met according to the law.

The procedure and conditions for concluding marriage in the Russian Federation: legal regulation

The topic under consideration is the subject of Chap. 3 "Conditions and procedure for concluding marriage" sec. II of the Family Code (IC RF). However, in order to fully understand what the procedure and conditions for concluding a marriage are, it will be necessary to touch upon the regional legislative act dedicated to the regulation of this area, since this is the 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 offices (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 on the territory of a particular constituent entity of the Russian Federation.

About what are the conditions for concluding a marriage, it is said in Art. 12 RF IC:

• mutual consent of a man and a woman same-sex marriage not allowed);
• reaching the established age of marriage;
• absence of obstacles.

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 its conclusion.
2. Reach the required minimum age of 18 years (Article 13 of the RF IC) or present a document authorizing marriage in more than early age. Between the ages of 16 and 18, local governments may allow a person to marry good reason. Legislation in the region may allow the granting of permission to persons under the age of 16 in exceptional cases.
3. Confirm the absence of obstacles, such as the state of 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). Examination of reproductive health is not a mandatory procedure, but if there is an expression of will, it is carried out free of charge. Its results are a medical secret and can be disclosed only with the consent of the examined person.

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

The procedure and consequences of marriage

To recognize the fact of concluding a marriage union, it is necessary to bring to completion the following sequence of actions and events:

1. Innings joint statement, which is the basis for the registration procedure (Articles 24, 26 of the Law "On acts of civil status" dated November 15, 1997 No. 143-FZ, hereinafter - Law No. 143-FZ). The application is submitted in person, through the Gosuslugi website or at the MFC. Documents are attached to the application, which can be found 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 registry office or reduced for a good reason, up to its cancellation, if this reason is of a special nature (clause 3, 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 become possible within 12 months from the date of application (see the law "On amendments ..." dated 08/03/2018 No. 319-FZ). This interval is currently limited to 2 months.

3. Registration of marriage and making an entry about it in the Unified State Register of Civil Registry Offices (the register was introduced on 01/01/2018 by the law "On amendments ..." dated 06/23/2016 No. 219-FZ).

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

Article 11 of the RF IC describes the procedure for concluding a marriage between two citizens. That is, it answers the question What are the conditions and procedures for marriage? According to legal acts, marriage registration takes place during the personal presence of two subjects of legal relations after one month after the submission of a written application to state bodies.

The concept of marriage and the procedure for entering into marriage

Before delving into the concept of the procedure for concluding a marriage, it is necessary to get acquainted in more detail with the very definition of “marriage”. If we turn to the IC of the Russian Federation, then in the normative legal act there is no definition of the legal state as such. The interpretation of the concept can be found only in the theory of family law.

The interpretation of marriage in this way is embedded in traditional Russian jurisprudence, which is characterized by the observance of the moral principles of Eastern Christian states.

In the scientific legal literature, a similar formulation of the definition is given. The famous Soviet jurist N.A. Orlova considered marriage to be a voluntary union between a woman and a man, which is aimed at creating a family - a new unit of society, drawn up in accordance with established order subject to certain conditions.

Summarizing the above, we can conclude that the procedure for concluding a marriage is the process of a man and a woman joining a union in accordance with the norms and procedures recorded in the current legal acts.

Conditions and procedure for marriage

What are the conditions and procedures for marriage?

In order for the marriage to be formalized in the registry office, it is extremely important to comply with the mandatory conditions and the procedure for entering into a marriage, prescribed in Art. 12 RF IC:

• Mutual voluntary consent of the spouses (Art. 1, clause 3 of the RF IC). Voluntariness can be understood as the absence of influence for the purpose of concluding a marriage relationship on a person through illegal methods of influence. In addition, the subject of law must be aware of his actions, i.e. be legally capable (not under the influence of alcohol or drugs).
• Reaching a certain age. According to Art. 13 of the RF IC, subjects who have reached the age of majority (18 years) can enter into official relations. However, under certain circumstances, the age can be reduced.
• The absence of additional circumstances, the presence of which does not allow marriage.

Others important condition registration of marital relations is the diversity of subjects. In the Russian Federation, same-sex marriages are officially banned, despite the fact that the norm is not enshrined in the NPA. But based on Art. 27 paragraph 1 of the RF IC, the court may recognize similar marriage invalid.

List of required documents for marriage

The documents that must be submitted to the registry office for marriage registration are enshrined in modern legislation of the Russian Federation, in particular, the RF IC, as well as Art. 26 federal law No. 143-FZ "On acts of civil status". The list of documents includes:

• Valid passports of the subjects who intend to marry;
• Receipt of paid state duty;
• Documents confirming the dissolution of marriage (if one of the persons was previously in an alliance with another entity);
• Permission issued by LSG bodies for marriage with a minor;
• An application for marriage, which is signed by the spouses.

Time and place of marriage

An application for marriage must be submitted to the registry office before the expiration of one month before the date of the proposed registration. This condition is interpreted by Art. 27 No. 143-FZ. However, if there are circumstances that prevent compliance with this rule, an application can also be submitted 5-6 months before the official conclusion of the union, but with confirmation of the intention to marry 1 month before the date.

Provides modern Russian legislation and the possibility of reducing the period before marriage registration. To do this, you must submit documents confirming the existence of an objective reason:

• a certificate confirming the woman's pregnancy;
• a document on an urgent call to the active army of the Russian Federation;
• certificate confirming serious illness person entering into marriage.

A valid marriage is a marriage entered into in government bodies MARRIAGE REGISTRY. This is one of the key principles of family law in Russia. The place for marriage is prescribed in Art. 1 RF IC.

In the presence of objective reasons, marriage registration can take place at home (illness of one of the subjects), in medical organizations, in places of deprivation of liberty (subject to the norms current legislation RF).

Marriage certificate

Upon the conclusion of a marriage, an entry is made in the registry office on the change of civil status by persons in legal relations. On the basis of it, persons who have entered the union are issued a certificate of marriage.

The certificate form has standard form. To create a certificate, stamped paper is used. Each of the documents implies a unique number and series. Office work takes place in the official state language of the Russian Federation - Russian. Responsibility for the correctness of the entered information lies with the employee of the registry office.

Types of marriage

To date, the main forms of marriage are distinguished: registered, actual and religious. On the territory of the Russian Federation, a union registered in the registry office is officially recognized. This is due to the fact that such a union implies a legal value. In other words, after the conclusion of the union, a man and a woman have certain rights and obligations, enshrined in the family legislation of the Russian Federation.

The actual marriage is a union between a man and a woman, which is not officially registered in the registry office, but meets all the requirements and conditions prescribed in the legislation of the Russian Federation.

An extramarital union does not imply the onset of the consequences that are possible with the dissolution of an official marriage.

Religious marriage (or church) is a union that was concluded according to the customs and traditions of religions. Many persons who enter into an official marriage wish to unite their relationship according to religious rules. According to the legislation, such an initiative does not contradict the NLA.

State duty for marriage

One of the main documents that the spouses provide to the registry office is a receipt for payment state duty. The amount of the state duty as of 2016 is 350 rubles, which is 150 rubles more than in 2015. This indicator does not change depending on the region of residence of the subjects of legal relations and is prescribed in the Tax Code of the Russian Federation.

The Tax Code of the Russian Federation establishes the fact that the fee must be paid through a bank. In this case, the registry office does not apply for an inspection at the Main Directorate of the Ministry of Justice of the Russian Federation. If the applicants do not provide the authorities with a receipt of payment, then the employees independently carry out the procedure for verifying the fact of payment, which lasts 5 working days.

Barriers to marriage

To date, the family law of the Russian Federation provides for 4 key circumstances that prevent marriage:

• The presence of one of the subjects of registered marital relations with a third party. Polygamous unions are prohibited in Russia. Entry into an official union is possible only upon presentation of documents on the termination of marriage relations or their recognition as invalid.
• Forbidden official marriages between people who are closely related, both ascending and descending.
• It is impossible for persons who are in the status of adoptive parents and adopted persons to marry. The ban is spelled out in the RF IC. However, marriages between an adopted person and a relative of the adoptive parent are permitted.
• An obstacle to marriage is the fact that a person is recognized as incapacitated due to the identification of a mental illness.

The procedure for concluding and dissolving marriages with foreign citizens

The procedure for concluding and dissolving marriages with foreign persons is regulated by Art. 156 p. 1 of the RF IC. In addition, when entering into marriage with foreigners on the territory of the Russian Federation, the legislation of the country of which the second subject of legal relations is a citizen is taken into account. In particular, the obligatory condition is the observance of the marriageable age and the absence of circumstances preventing the union.

The union of a man and a woman, concluded in the manner prescribed by law, is called marriage. After its registration, the spouses have property and non-property rights. There is a strict procedure for concluding a marriage, which is prescribed by the law of the Russian Federation. Despite the prevalence of the facts of marriage in the church, a civil act will have legal force only when it is registered by the registry office.

Applying for marriage registration

Parties who intend to register a marriage must submit a correctly completed application to the registry office. Paperwork does not include legal consequences therefore, the parties may at any time revoke their decision to enter into a marriage. The failure of at least one person to appear at the registry office for registration of a civil act is perceived as a refusal to enter into a marriage.

The registration procedure is prescribed by the family legislation of Russia, which provides for the existence between the filing of an application and the conclusion of a civil act month term. It is necessary for the bride and groom to finally ascertain the seriousness of their intentions or to declare circumstances that may prevent the registration of marriage. The law provides for the possibility to issue a civil act before the passage of a month or to extend the waiting period for another month, if there are good reasons for this.

The legal order allows marriage on the same day that the young people filed an application, but there is no list of valid circumstances for this. This was allowed by the registry office on the fact of a girl’s pregnancy, the birth of a child, the groom’s call for military service, a direct threat to the life of any of the spouses, an urgent long-term business trip for one of the future spouses. Another reason for this decision is that a man and a woman have been living together for a long time. These reasons must be documented.

According to the current procedure, the bride and groom have the right to extend the waiting period before the wedding. Valid circumstances may be: the need to better prepare for the celebration, the desire to wait for the arrival of relatives or friends. The procedure provides that not only the bride and groom, but also parents, and in certain cases, public or state institutions have the right to apply to change the date of marriage.

What are the ways to apply

There are only five ways to apply in Russia. The bride and groom can:

• Personally bring documents to one of the departments of the registry office. Moreover, one of the future spouses can do this, but a notarized signature of the second is required.
• Send them by mail.
• Submit an application through multifunctional centers providing municipal and state services.
• Fill out an electronic application for admission to the nearest registry office for the personal submission of documents required for marriage.

The procedure for concluding a marriage is prescribed by article 11 Family Code RF, according to which the conclusion of a civil act takes place with the personal presence of both parties. Newlyweds are required to appear at the registry office, registration of marriage is not allowed in the absence of any of the parties. A marriage cannot be contracted using the services of a representative or on the basis of a statement that was written by only one of the parties. If one person is outside Russia, his expression of will can be made in a separate application, and the signature is certified by a notary or consul of the Russian Federation in the host country.

Required documents for registration of marriage in the registry office

The bride and groom, in accordance with the current procedure, for marriage must present the following documents to the registry office employees:

• Passports or other documents that prove identity (for example, a birth certificate).
• If there is one, a document on the dissolution of a previous marriage.
• For Russians who want to register a marriage not in hometown, you need a certificate of temporary registration.
• Receipt for the payment of state duty.
• If the future spouses (or one of them) are under 18 years old, special permission is required.

To marry a Russian with foreign citizen in addition to the listed documents, you need: a translation of a passport certified by a notary, a visa or migration card and a document that confirms his marital status. The procedure provides that documents of citizens from far abroad are subject to legalization by the consul (or by means of an apostille). All papers in a foreign language must be translated into Russian and certified by a notary.

The cost of the state duty

The state duty charged for registering a marriage in Russia is 350 rubles, and either party can pay it. In the column "payer" indicate the name of the person who paid the right amount. Payment details for state duties are the same for all registry offices of the city of Moscow (for each specific city - separate). It is provided that the state duty is non-refundable even if the parties change their mind about registering a civil act.

Introduction to rights and responsibilities

When accepting an application, the registry office employee must familiarize the parties with the conditions or procedure for concluding a civil act, talk about their responsibilities, duties as future spouses and parents. Government officials must ensure that individuals are aware of each other's health and official marital status. The parties are necessarily warned about the responsibility that threatens them for concealing facts preventing the conclusion of a civil act.

Marriage provides for the formation of personal property, non-property rights and obligations of the spouses. The rights of one of the persons imply the existence of obligations for the other. The personal non-property rights of the parties include:

• The right to change or retain a surname.
• The choice of occupation, profession, place of residence.
• For mutual resolution of family issues.
• To annul a marriage.
• Give consent to the adoption of the child.

The law divides property into premarital property and property acquired during family life. Joint property is property acquired by spouses during marriage. The two parties shall equally own and dispose of it, unless otherwise provided marriage contract. The personal property of either spouse may be:

• things (including material values received as a gift or by inheritance.
• Property, man-owned before marriage.
• Items for personal use (shoes, clothes), except for jewelry.

Acceptance of the application by the state bodies of the registry office

The stage of filing a joint application for marriage with the registry office indicates the intention of the parties to start a family, but does not give rise to any legal relations and does not bind persons with obligations. At any time, either party may withdraw from the decision to issue a civil act and fail to arrive at the agreed time for registration. However, the procedure provides that the decision to refuse to conclude a civil act must be taken by a man and a woman before state registration.

Engagement

it oldest custom marriage, which for a long time acted in Russian society. Previously, betrothal was a legal custom, and later it was completely abolished. From now on, betrothal is called a marriage ceremony, which has no legal effect. According to the current procedure, the rights and obligations of spouses, provided by law arise only after marriage.

Marriage registration

Registration of civil acts is carried out in the premises of the registry office with the personal presence of both persons. However, if one of the parties is unable to come due to a serious illness or other good reason, registration may be held elsewhere. The procedure provides that marriage with a convicted citizen who is in custody is carried out by an official of the registry office in the premises, which for this purpose will be determined by the head of the place of deprivation of liberty in agreement with the leadership of the civil registration authority.

Registration of a civil act is carried out by an official of the registry office by making an appropriate entry in the state register. Married spouses are issued a certificate. The registration of the act of civil status is carried out in two copies, while the first is created within a year and entered in the act book. The procedure in force on the territory of the Russian Federation provides for the need to attach to the application all documents confirming the facts to be registered.