State duty for restoration of a marriage certificate - when to pay and how to proceed

A marriage certificate is a document confirming the status of the spouses. According to official statistics, about 15,000 people lose it every year. Despite the presence of a stamp in your passport, you must have a document confirming your marital status.

Therefore, it is important to restore it in a timely manner if it is lost or damaged, but a state fee is charged for this procedure. To restore a marriage certificate, you can apply to several government agencies, in different ways available to a citizen.

Grounds for replacing a marriage registration certificate

Content

Obtaining a duplicate is required in case of any change in the data in the certificate or its loss. Let's consider each of the situations:

Thus, you can obtain a second certificate only in the following cases:

• loss;
• damage;
• inability to read;
• contains errors or typos.

In other cases, no replacement is made.

How to get a duplicate in another city

The process is almost the same as that used to obtain a new certificate in your city. The difference is that you will have to wait longer to receive a duplicate, since the documents must be sent to another location.

You can choose one of the following methods:

1. Personally contact your local registry office with an application. Employees send the request to the department where the certificate was issued, and it, in turn, makes a duplicate and sends it to the registry office at the applicant’s location.
2. Use the State Services website, go through the registration scheme described above and fill out the application and attach documents.
3. Issue a notarized power of attorney for a citizen living in the city, where you need to obtain a duplicate and transfer the remaining documents to him.
4. Come to the department where the marriage registration was originally made, present your passport and application, and pay the state fee. If all documents are in order, obtain a duplicate certificate in a short time.

The procedure for obtaining a certificate and the package of documents remains the same. The application only needs to indicate which civil registry office authority issued the document.

Who has the right to apply for a duplicate marriage certificate?

Based on Art. 9 Federal Law No. 143, a duplicate is issued to the spouse who appears in the civil status records and is the owner of the certificate, as well as to other categories of citizens:

• guardians of incapacitated persons;
• relatives if the owner of the document has died;
• by an attorney on the basis of a notarized power of attorney.

Grounds for refusal to replace a certificate

When they refuse to issue a duplicate:

• application for a document by an unauthorized person;
• lack of a power of attorney from an outsider who is not included in the circle of applicants by law;
• provision of an incomplete set of documents;
• incorrect filling out of the application.

The procedure for restoring a document unilaterally after a divorce

After the divorce takes place, the certificate of its conclusion is taken for storage in the archives.
This means that the former spouses will have a new document on the dissolution of the union in their hands. That is why a duplicate certificate of registration of family relations is not issued.

If it is necessary to confirm a change of surname, a certificate from the registry office is provided. In other cases, to perform any legal actions, it is the document confirming the divorce of the spouses that is accepted.

Procedure and methods of applying to replace a marriage certificate

In 2020, citizens can use any of the methods to contact the registry office:

• personal visit;
• State Services portal;
• Post office;
• legal representative;
• MFC.

Each option has its advantages and disadvantages.

Applying to the registry office in person

The main body registering changes in civil status acts is the Civil Registry Office. The application can be submitted to the government agency that issued the certificate. In this case, a new document is issued on the day of application. If the application is submitted outside of territorial jurisdiction (when the citizen is in another city), you will have to wait several days, which are spent on preparing, sending and receiving documentation.

A personal visit to the registry office is relevant for citizens who want to receive a document on the day of application. What the procedure looks like:

1. An application is drawn up in Form No. 26, approved by Order of the Ministry of Justice No. 201 dated October 1, 2018.
2. The document is submitted to the registry office.
3. The wait is several minutes, after which the citizen is given a duplicate with the appropriate mark.

The disadvantage of this method is the need for a personal visit to the government agency and the time required.

List of required documents: During the visit, the applicant provides a passport and a receipt for the transfer of state duty. If the certificate is not lost, but is unreadable, it is recommended to bring it as proof of the validity of the application.

Relatives who wish to receive a certificate for a deceased citizen provide a death certificate and documents to confirm the relationship, information about opening an inheritance case.

Through the State Services portal

Using the portal provides the advantage of remote submission of documents, but an electronic signature and a verified account will be required. How to get a duplicate:

1. We go to the portal and go through authorization.
2. Enter “Obtaining a repeat certificate” in the search bar.
3. Fill out the electronic application form and attach a scanned copy of your passport.
4. We send the application. You can track the status of your request in the “My Applications” section.
5. The result in the form of an electronic document arrives within 1 hour in your personal account.

Service delivery times vary in each region. For some entities, the use of State Services to obtain a duplicate document is not available.

Via Russian Post

If it is not possible to personally visit the registry office or use State Services, citizens have the right to use Russian Post. What should be done:

1. Print and fill out the application form, indicating a request to send the document by mail with a specific address.
2. Send by registered mail to the address of the government agency with acknowledgment of delivery and a list of attached documents: copies of the passport and receipt.

The period for obtaining a certificate depends on the speed of the postal service and in some cases reaches 1 month.

Through a legal representative

The procedure for submitting an application through an attorney is practically no different from a personal visit to the registry office. A citizen who wishes to receive a duplicate also fills out an application, but the legal representative must present a notarized power of attorney when visiting a government agency.

You can issue a special or one-time power of attorney by ordering mailing to the applicant’s address.

At the MFC

Citizens have the right to contact the MFC for a duplicate; its production time will be 6 working days. The procedure looks similar to visiting a registry office. You must have a passport and a state duty receipt with you. Relatives provide identification cards, receipt, death certificate and documents of relationship.

Requirements for issuing a certificate

The standards established as mandatory compliance when issuing a certificate are standard and are expressed in the following positions:

1. The presence of blots or corrections in the content is unacceptable. The same applies to errors - especially regarding personal information.
2. Entries are made exclusively in Russian. When getting married in the republics that make up the country, the information is additionally duplicated in the language used in the given region.
3. The document cannot be laminated. Despite the fact that in this way it is possible to ensure greater safety of the document, the certificate loses its legal force. This approach is due to the fact that in the future its content can be supplemented, for example, with an apostille. In addition, it is much more difficult to verify the authenticity of a laminated document.
4. The data is printed on a special Goznak form with protective fields.
5. To exclude the option of declaring the document invalid, the addition will have to ensure compliance with the requirements for the procedure itself. Thus, according to the provisions of the Family Code of the Russian Federation, the conclusion of a new union is possible strictly if the following conditions are followed.
6. Neither the groom nor the bride are in an active registered relationship.
7. Reached marriageable age.
8. Each party voluntarily decided to register the relationship.
9. The formal procedure has been followed - documents have been provided, the waiting period has passed.
10. The state fee has been paid.

It is also worth clarifying whether an apostille is needed - this is a stamp that acts as confirmation of the authenticity of a document. The rationale for its use lies in the fact that other rules and registration criteria apply in other countries, so a certificate obtained in Russia may not be recognized in other countries.

Under standard conditions, there is no need for an apostille, however, if the document will be used outside the Russian Federation in territories that are included in the Hague Convention, it makes sense to obtain additional registration. That is, the relevance of the design remains if:

• planning to move to another state;
• marriage is with a foreign citizen;
• an inheritance from a foreign spouse is registered.

To avoid the need to repeat the procedure on the territory of the country of which the spouse is a national, it is enough to affix an apostille.

How much does it cost to replace a marriage certificate?

For issuing a duplicate, a fee of 350 rubles is paid. any of the convenient options depending on the method of application:

The details of the government agency for paying the fee can be found on the official website.

Recovery

Documentation

The following documents are attached to the application:

• a copy of the passport, including the page on which there is a divorce stamp from the registry office (if any);
• court decision, if the divorce proceeding went through the court;
• notarized power of attorney, if the application is submitted by a representative;
• receipt of payment of state duty.

How to make an application?

Regardless of where you apply to restore your certificate, you must write an application. The form can be downloaded on the Internet or you can ask for the form at the registry office . There is no statutory application form; it can be written in any form and it must contain the following:

1. In the header, indicate the authority you are applying to, as well as the full details of the applicant (last name, first name, patronymic, residential address, series and number of the passport, when and by whom it was issued, telephone number);
2. request to issue a second divorce certificate;
3. the name of the civil registry office that must restore the document;
4. indication in full of the surname, name and patronymic of each of the divorced spouses (the surnames are those that were written in the primary certificate);
5. the reason why a duplicate is requested (loss, damage);
6. date and number of the record of the divorce deed.

Corrections and crossing outs are not allowed in the application. In case of errors, it is better to rewrite the application again.

Lawyer's answers to frequently asked questions

Is a replacement required if the last name with the letter “е” is indicated in the passport, and the last name with the letter “e” is indicated in the certificate?

According to the Letter of the Ministry of Education and Science dated October 1, 2012 No. IR-829/08, the spelling of the specified letters in the personal data of citizens is equal if it does not distort the information. The main thing is the consistency of the remaining data in the identifying documents. However, when carrying out legally significant actions, difficulties may arise, and in order to avoid challenging refusals to provide services from government bodies in court, it is recommended to replace the document.

I live in another city, and there is a need to replace my certificate. How can i do this?

For those living outside the place of registration, it is possible to use the State Services portal and send registered letters by Russian Post. You can also create a power of attorney and ask another person to receive the document and then send it by mail.

Is the presence of the husband required to change the marriage certificate?

No no need. You can go to the civil registry office alone with a passport and a receipt for payment of state duty, write an application and receive a duplicate. The presence of both spouses is not required.

How long does it take to change a marriage certificate?

The time frame for replacing a marriage certificate depends on the authority and method of application. If the application is submitted to the civil registry office, you will receive the certificate on the day of application, but if you use the State Services portal or submit an application to the MFC, the period for receiving a duplicate may increase to 1 month.

Sample form

Each recipient of a marriage certificate should know what the form should look like in order to avoid problems with recognizing the document as valid. This will also help eliminate situations in which it suddenly turns out that not all information is reflected in the certificate, or that it does not correspond to real data. It must be taken into account that if the document loses legal force, the citizen will not be able to:

• apply for a maternity capital certificate;
• duly register the birth of the child;
• file for divorce;
• get rid of disputes about the distribution of jointly acquired property;
• draw up documents to confirm the right to real estate.

Among other things, problems may arise with obtaining an inheritance.

When might a duplicate be needed?

A copy of the marriage certificate will be required in many life situations. To produce a duplicate document in hand, it is necessary to prove that the registered marriage is still valid. Some civil registry offices ask you to indicate the primary reason for restoring the document.

Common reasons for initiating the process of restoring a copy of a certificate:

• litigation between spouses in the courts;
• obtaining a new passport after marriage;
• for registration of newborn children;
• property dispute between husband and wife;
• filing for divorce;
• the need to prove a premarital surname;
• inheritance procedure, registration of ownership rights to real estate;
• providing a certificate to the bank for a loan, mortgage;
• receiving benefits after the death of one of the spouses;
• proof of family relationships for granting long-term visits in places of detention.

Important! A duplicate and a copy of a certificate are different concepts. A copy has legal force if it is notarized.