Is it possible to register a marriage without registration: grounds, requirements

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Published: 04/02/2017

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Marriage registration is a serious new stage in life. But despite this, even when everything seems to be resolved, some questions arise, and often they are interconnected with registration.

In this article, we will help you understand the question of whether it is possible to register a marriage without registration, what the legislation of the Russian Federation says about this. We will also analyze when and in what cases marriage registration is impossible.

• Conditions for marriage without registration
• What documents are needed
• When marriage registration is impossible
• Conclusion

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Where can citizens of the Russian Federation sign?

Newlyweds can independently choose the place to formalize their relationship.
This is evidenced by the Federal Law “On Acts of Civil Status”. On the basis of the law, marriage is concluded in any civil registry office on the territory of the Russian Federation. Thus, the application can be submitted in any department of the registry office where young people wish, regardless of their permanent or temporary place of residence. The main thing is to comply with deadlines. As a rule, this is a maximum of 2 months before the official wedding.

Today it is important to celebrate a wedding outside the city. Therefore, those getting married have the right to choose the wedding department that is closest to the place of celebration.

It is important to note that marriage with foreigners has a number of restrictions. Thus, for nonresident residents of the Baltic countries and far abroad, separate institutions have been organized where their marriage with Russian citizens is registered. However, persons living in the CIS can enter into official relations in any division of the registry office.

New norms for adoptees

A rule is being introduced according to which, if at the request of the adoptive parents, based on a court decision on the adoption of a child, the date or place of birth of the child is changed, a new entry in the birth certificate is drawn up.

If the bill is adopted, the Ministry of Health of the Russian Federation will receive from the civil registry office information on state registration of births and deaths, which is necessary to ensure the relevance and accuracy of health care system indicators and medical and demographic indicators of public health.

Procedure

The procedure for submitting an application to another city is no different from entering into an official marriage outside your place of registration. The algorithm of actions is as follows:

1. Choose a place to get married. You can view the premises on the official website of the Civil Registry Office.
2. Select the date when the newlyweds want to get married.
3. Select a method for submitting an application. This can be done in person, by mail or online.
4. Pay the state fee of 350 rubles and keep the receipt.
5. At the appointed time, go to the registry office and, having filled out an application, give it along with a package of documents.
6. A month later, visit the registry office again and officially sign.

An important condition is the presence of a divorce document from a previous marriage. It happens that for some reason it is missing (it was lost), and the couple is in another region of the country. Then you should make a request to the registry office of another city to register your first marriage. In response, you will receive a certificate of form 19. An example is presented below:

The marriage is registered within a month after filing the application. The maximum waiting period is 2 months. It may be extended or shortened for valid reasons. It is possible to register a marriage on the day of filing the application for the following reasons:

• illness of one of the partners or obvious reasons for the threat to his life;
• pregnancy of the bride or birth of a baby;
• other reasons, documented.

You can change the wedding date, but not by more than one month.

Application procedure

Legislators have determined that an application for newlyweds is possible anywhere on the vast territory of Russia; they themselves decide which registry office to submit their application with a request to formalize their relationship in a legal manner. The principle of territoriality does not play a role in this matter and is not considered by officials as a requirement or condition for formalizing marriage bonds. Any city, subject or republic can be chosen for registration; there are no legal restrictions.

If a couple decides to enter into an alliance, they will have to:

• drawing up a joint statement
• transfer of paper for entry by the registry office employees into the appropriate journal and verification by them
• the rest of the documentary package
• receiving an invitation with the specified date and time of the registration procedure
• come to sign and receive your marriage certificate

If citizens have an electronic signature and have opened a personal account in government services, they can submit an application to the online portal or a nearby MFC. All these activities relate only to the registration of the application; the registration itself is not carried out virtually or in other modes not provided for by law; personal presence, voluntary expression of will and signatures of the participants in the procedure are required.

Documentation

Submitting an application along with a package of documents is the first important step in the entire process of officially registering a marriage. This stage can be passed by one of the partners, for example, when the second lives in another place and is unable to come. However, this right must be notarized. The main documents include:

• passports of both partners;
• receipt of paid state duty;
• certificate of divorce from a previous marriage;
• written permission from parents if the newlyweds are under 18 years old.

It is important that all documents are valid and up to date. This applies to passports, which must be renewed at a certain age.

The application is a certificate of form number 7. This document contains a mandatory item that must be specified - place of residence.

If the relationship is formalized in another city, you should indicate your current place of residence (that is, where you currently live). If there is no registration at all, then write that there is no specific dwelling.

It is important to fill out the application correctly. The table shows the nuances that you need to pay attention to:

A sample application to register a marriage without registration is presented below:

Filled-in form:

Why do they “sign” at the registry office?

Registration without registration in the passport became possible thanks to the legislative act of November 15, 1997. Article of Federal Law No. 143 approved the right of citizens to enter into marriages, regardless of what territory of the Russian Federation they are located on. The registry office is chosen by married couples. The Family Code also does not see any grounds for refusal; with its Article No. 14, it notifies residents of circumstances that may serve as an obstacle to marriage, but this list does not include such a reason as registration. Based on marriage according to law:

• an official family is formed, which allows the exercise of the right of inheritance from each other with personal property responsibilities, requires care and support in difficult material cases; the union is concluded voluntarily and equally, it is expressed in mutual agreement with equal rights and obligations
• Marriage is only possible between different sexes; a man and a woman can apply if they have reached 18 years of age, except in special cases when registration with a lower age is allowed

The Family Code of the Russian Federation and its provisions establish the following concepts:

• basic principles on marriage and family creation
• general conditions for registration
• restrictions on marriageable age
• requirements for divorce

Federal law regulates:

• state registration on the grounds in accordance with the approved procedure
• places where it is possible to get married
• in what order are applications submitted?
• every procedural moment, making entries in acts

Legislators approved:

• application form to be filled out as a submitted application to the registry office
• procedure of the Administrative Regulations
• conducting the registration process

After registration in civil status acts, the family becomes officially recognized by the state, which places obligations on its members to society and among themselves at the legal level.

Can they refuse to register a marriage?

Family legislation provides an exhaustive list of grounds for refusal to register a marriage. According to Articles 13, 14 of the RF IC, as well as Art. 11 Federal Law No. 143 dated November 15, 1997, a refusal to register a marriage can be received from civil registry officials in cases where:

• at least one of the applicants has not reached the age of marriage of 18 years (with the exception of valid reasons, for example, pregnancy: in this situation, local authorities have the right to allow registration from the age of 16);
• at least one of the applicants is in an officially registered marriage and has not dissolved it at the time of filing the application;
• close relatives, blood and half-brothers and sisters want to marry each other;
• the adoptive parents and adopted children want to marry;
• at least one of those wishing to marry is declared incompetent due to mental illness;
• The documents submitted by the spouses do not comply with legal requirements or are forged.

There are no other grounds for refusal to register a marriage, including those regarding the territorial component, for persons wishing to register a marriage without registration in a specific locality.

At the request of applicants who have been refused registration, the latter must be motivated, and the reasons for such a decision must be communicated in writing. If applicants do not agree with the refusal, it can be appealed, which will be discussed below.

For what reasons do they refuse?

Will they register at the registry office without registration? A positive answer is possible if citizens have no justifications that contradict the legislation of the Russian Federation.

Registration of marriage of minors

The list of legislative acts includes the following conditions under which a refusal to formalize a marriage occurs:

• One of the spouses is under 18 years of age, except for pregnancy confirmed by a medical examination, other valid reasons provided for by law
• the previous official marriage has not been dissolved
• the young couple has or has discovered a close relationship
• adoptive parents decided to register with their adopted children
• presence of recognition of incapacity of the bride or groom
• the submitted documentation contains signs of falsification and unreliability

Other grounds are not provided for refusal to accept an application for registration of a marriage union, such as territorial characteristics, the presence or absence of registration data about the place of residence, only the actual residence of persons is indicated. Applicants have the right to demand a reasoned written refusal from the Civil Registry Office employees in order to appeal it to a legal authority.

Requirements for the documentary package and marriage

Each application must contain documentary annexes, which prove the legality of the transaction being performed. The basis for concluding marriage bonds is an application submitted by the bride and groom, affirming their joint desire to take an important step in the life of every citizen.

Submitting an application to the registry office

The application indicates:

• full personal information of the applicants, their names, dates of birth, places of residence, presence of official marriages, their dissolution
• Do applicants have minor children, which state do the citizens belong to?
• what surname they take after the procedure is completed
• passport details

The conclusion is the signatures of the parties and the date of drawing up the document. The registry office employee will accept it if:

• applicants' passports
• certificates of divorce from previous marriage
• permits, if under 18 years of age
• a receipt confirming payment of the duty to the state treasury

The events take place within half an hour, but the registration itself is scheduled only after a month. This time is given to the newlyweds to think about their decision. If they provide reasonable evidence of the need to reduce the period, perhaps they will be met halfway. Pregnancy and imminent childbirth are one of the important reasons to formalize marriage at any acceptable moment, solemnly or without special events.

The marriage procedure can be moved at will to any place, this could be:

• medical institution
• places of detention
• any institution that is the reason why a couple cannot visit the walls of the registry office

The place for the marriage procedure is determined by the applicants themselves, but their presence is required in any case, if one of the persons involved is absent at a certain time, the registration will be cancelled.