Is it possible to marry relatives?
Content
According to Art. 14 of the RF IC, marriage registration is impossible if:
- one of the citizens already has a family;
- it is impossible to create a family officially between an adoptive parent and an adopted child;
- if the citizens are blood relatives.
In the latter case, registration is prohibited between:
- mother or father and child;
- with grandchildren, grandparents.
Full and half sisters and brothers cannot create a family.
Relationships with relatives in a direct ascending line are called incest. This is contrary to ethical and social norms. It is important to take into account that when registering such a marriage, if a violation is discovered, it will be canceled on the basis of Art. 14 IC RF.
Note! Marriages between first and second cousins are not prohibited. When applying to the registry office with a joint application, there is no need to prove the lack of relationship. A standard package of documents is required.
Restrictions for persons already married
In our state, only monogamous families are considered legitimate. According to the law, marriages between persons are not permitted if one or both of them are already in a legal family relationship. Going to the registry office with a passport with a marriage stamp in hand is pointless; the application will definitely not be accepted. Problems can be avoided if a previously concluded alliance no longer exists on the basis of:
- Death of a spouse;
- Divorce;
- Declarations illegal.
Important!
When submitting an application, you must provide documentary evidence of the termination of previous marriages. The situation is different with civilian families. It is known that in some circumstances such cohabitation is officially recognized by a court decision, for example, in the case of inheritance or division of property. However, it is not equivalent to legal family relationships, therefore the presence of a common-law wife or husband is not a circumstance preventing marriage.
What is a prenuptial agreement (contract)
According to Article 40 of the RF IC, a marriage contract is recognized as an agreement between persons entering into marriage or an agreement between spouses defining their property rights and obligations in marriage and (or) in the event of its dissolution. This, in fact, is the essence of the agreement (contract).
A marriage agreement (contract) can be concluded during the period from the moment of filing an application for marriage registration until its dissolution in the registry office or the court’s decision on divorce. In this case, the agreement (contract) concluded before the state registration of the marriage comes into force from the moment of such registration.
Every year in Russia an increasing number of marriage agreements (contracts) are concluded. And although now such agreements (contracts) are concluded not only by very wealthy citizens, but also by representatives of the middle class, so far the parties to the agreement most often become spouses who are already in the process of divorce. Concluding a prenuptial agreement (contract) allows you to avoid lengthy litigation and significant costs for “low-quality” lawyers.
The procedure for concluding a marriage agreement (contract)
It is necessary to keep in mind that a marriage agreement (contract) is concluded in writing and must be notarized. Only in this case does it have legal force.
What is needed to register a marriage in the Russian Federation
There are several conditions that Russian legislation puts forward for creating a family. First of all, there must be mutual consent of two people to formalize the relationship.
A marriage entered into under duress will be considered invalid.
It is also necessary that citizens wishing to start a family reach the appropriate age.
As a general rule, in Russia it is 18 years old. In exceptional situations, marriage can be concluded earlier (from the age of 16), but this requires permission from local authorities. In addition, in some regions of the Russian Federation it is permissible to establish a different age minimum depending on the traditions of the population and other factors. For example, in Bashkiria it is allowed in special cases to register marriages from the age of 14.
There are also several restrictions on marriage. Thus, close relatives (father and daughter, brother and half-sister, and so on) cannot formalize marital relations with each other. The same applies to adoption cases. In addition, an obstacle to registering a marriage will be the incapacity of one of the persons due to mental problems.
Special circumstances for quick marriage registration
You can urgently register a marriage if the following special circumstances exist:
- pregnancy;
- threat to the life of a man or woman;
- birth of a child;
- a de facto marriage union;
- conscription of a man into the army;
- urgent but long business trip;
- and so on.
In some situations, it is quite possible to sign directly on the day of application.
Each case is considered by authorized registry office employees on an individual basis, with valid reasons confirmed by relevant documents . It could be:
- certificate from the antenatal clinic about pregnancy;
- certificate from work about the upcoming long business trip;
- medical certificate about an upcoming major operation.
There is no complete list of valid reasons for early registration of marriage in the RF IC. Local governments may recognize as special circumstances any of those that require urgent official registration.
If the registry office employees refuse to reduce the waiting period for marriage registration, this decision can be appealed in court (Article 11 of the RF IC, paragraph 3).
Incapacity is a reason for prohibition of marriage
Another difficult situation when marriage is prohibited is the incapacity of the bride or groom. In accordance with Art. 29 of the Civil Code of the Russian Federation, a person can be declared incompetent only by a court decision. The cause of this condition is mental illness. It happens that over time, a person’s ability to consciously manage his actions and bear responsibility is restored. In this case, by a court decision, he is recognized as legally competent.
A situation of establishing limited legal capacity is possible. The court determines that a citizen can realize the meaning of his actions and make decisions, resorting to the help of other persons (Article 30 of the Civil Code of the Russian Federation). Such a person is capable of concluding only small everyday transactions; the remaining expenses are handled in his interests by a trustee appointed by the guardianship authorities. The registry office does not have the right to refuse to marry a person with limited legal capacity, because the law does not prohibit this.
Warning! When concluding transactions with joint property (sale, exchange, gift), it will be necessary to obtain the consent of the spouse's trustee.
Where to register a marriage: dividing foreigners into categories and applying to the registry office
Registering a marriage with a foreigner in Russia is quite difficult. This is not only about preparing an extensive package of documents and agreeing on a large number of national issues. The place where the marriage is registered plays a huge role, since not every registry office has the right to take on such responsibility.
In addition, a marriage with a foreigner must be concluded with the direct participation of the embassy of the country of which he is a representative.
Based on this, the best solution is to hold a wedding in Moscow, since it is in the capital that most foreign diplomatic missions are located. Certain rules apply to persons with a different citizenship. Depending on the foreigner’s homeland, he falls into one of two categories:
- Category 1 - for citizens from former Soviet republics that are now part of the CIS;
- Category 2 - for all other foreign citizens, including residents of the Baltic states.
Persons belonging to the first category have the right to register a marriage in any registry office in our country. For other citizens who are included in the second subgroup, there is only one option - registration in the central wedding palace No. 4, located on Butyrskaya Street. All other institutions cannot legalize such marriages because they do not have the legal authority to conduct the ceremony.
Another option for a wedding is to contact the diplomatic mission of the groom’s home country. In this case, the ritual is carried out in full accordance with its orders and laws.
In addition, to legalize such a marriage in our country, it is necessary to obtain a marriage permit with a foreigner, which is issued by authorized organizations after a thorough double-check of all documents.
Documents for marriage registration
We figured out how to shorten the time between submitting an application to the registry office and registration. Now let's talk about what documents, in addition to documents confirming the validity of the reasons for early marriage, will be needed:
- statement;
- passports;
- if the marriage is not the first, you will need to confirm its dissolution (certificate of death of the spouse, divorce document);
- receipt of payment of state duty.
A more detailed list of documents required for marriage registration can be found here>>>
