The procedure for concluding marriage with foreign citizens on the territory of the Russian Federation

Let's start with the fact that the procedure for getting married on the territory of Russia is enshrined in Chapter 3 of the Federal Law “On Acts of Civil Status”. The conditions for concluding a marriage union are determined for each of the future spouses by the legislation of the country of which they are citizens, but subject to the requirements of Russian family law:

• those getting married should not have other registered marriages;
• potential spouses should not be close relatives to each other (parents and children, grandparents, grandchildren, siblings, including only mother or father);
• Marriage between adoptive parents and adopted children is not allowed;
• as well as persons recognized by the court as incompetent due to mental disorders.

If, at the same time as foreign citizenship, a person has Russian citizenship, then when concluding a marriage, the norms of Russian legislation will be applied.

Now let’s discuss some nuances regarding the peculiarities of registering marriages with foreign citizens in Russia.

Legislative regulation

Legal regulation is carried out on the basis of the Family Code of the Russian Federation. The form and order of marriage are determined by paragraph 1 of Art. 156 RF IC.

According to paragraph 2 of Art. 156 of the RF IC, the conditions for concluding a marriage with a foreign citizen (migrant) are regulated by the legislation of his state. Example: the bride is Russian, the groom is Spanish. In relation to the latter, Spanish legislation must be observed. The rules prescribed in Art. apply to the bride. 12-15 IC of the Russian Federation.

Family relations between a citizen of the Russian Federation and a foreigner are also regulated by treaties between Russia and foreign countries on legal assistance and relations in civil, family and criminal cases.

In general, marriage with a foreigner is regulated by:

• RF IC (Chapter 3, Art. 156-159);
• Federal Law No. 143 of 1997;
• Order of the Ministry of Justice of the Russian Federation No. 412 of 2011;
• international treaties.

According to the law, the main requirements for concluding an international marriage are:

• personal presence of the bride and groom at the ceremony;
• voluntariness;
• legal capacity of the spouses;
• monogamy;
• age over 18 years;
• the bride and groom are not close relatives;
• registration is official.

The wedding is held in accordance with the requirements of the RF IC. The difference between an international marriage and a regular one is in the list of required documents.

According to the RF IC, civil registry office employees can affix a stamp on marriage and divorce in Russian passports on the designated page. No marks are made in the migrant's passport. This prerogative is assigned to the government bodies of the country whose citizen the groom is.

After registration, the spouses are given a marriage certificate, on the basis of which a note is made in the passport at the embassy or consulate of the foreigner or at his place of residence. A recording is made if required by law of a foreign country.

What is it for?

Some people ask the question: “Why is this legalization needed at all?”
The answer is simple - for a quiet life without unnecessary problems. A legalized union of two lovers will help in the following life situations:

• when making a marriage entry in a Russian passport;
• during a surname change;
• if the spouse is a representative of another country, then a legalized document will help him/her obtain Russian citizenship on preferential terms (not after five years, but after three years of married life together);
• when registering the birth of joint children. Children have the opportunity to automatically receive the status of “citizen of Russia”.

After making a note about the registration of the marriage act in your Russian document, a certain range of legal transactions, for example, the sale of real estate, will be impossible without obtaining the consent of the second spouse.

Required documents

To register a relationship with a citizen of another state, you need to provide documents for marriage with a foreigner in Russia. The list includes:

• statement of desire to get married;
• passports of the spouses;
• a certificate for a foreigner confirming that he is not currently in a registered marriage;
• certificate of divorce of a previous marriage or death of a spouse;
• check for payment of state duty;
• certificate from the place of residence of the foreigner;
• a certificate stating that there are no obstacles to marriage;
• visa or residence permit document;
• marriage contract (at the request of the parties).

Some papers need to be translated and legalized. Certificates and permits can be ordered at the consulate of your home state. All documents are translated into Russian with notarization. The groom submits 2 copies of documents to the registry office: a legalized original and a translation.

Statement of intent to formalize an alliance

The procedure for marrying foreign citizens on the territory of the Russian Federation involves filling out an application according to a unified form in the registry office (download form 7).

If one of the parties cannot be personally present when filling out the document, the paper can be certified by a notary and sent separately.

Passports of both parties

When writing an application, documents are required for marriage with a foreigner in Russia, including identity cards. Most often these are the passports of the bride and groom. The foreigner must provide a legalized Russian translation of the document, certified by:

• consulate or embassy;
• Ministry of Foreign Affairs;
• notary.

The translation is carried out on the territory of Russia.

Certificate stating that the foreigner is not in another registered marriage

The list of documents for marriage with a foreigner in Russia includes a certificate stating that the groom (bride) is not in a marital relationship. This document is issued by the embassy or consulate. The certificate is issued in Russian or a foreign language. In the latter case, a certified translation is required. The document is valid for 3 months.

Document on the termination of a previous marriage

If the spouse was previously married, a certificate of divorce or death of the previous spouse will be required. You also need a court decision to declare the marriage invalid if it was concluded with an incapacitated citizen or a close relative.

A document provided in a foreign language is translated and certified properly.

Receipt for payment of state duty

The state duty in Russia is the same for citizens and migrants. Amount – 350 rubles.

Certificate of residence of a foreign citizen

The form of a certificate of residence and a document confirming the absence of obstacles to marriage depends on the legislation of the foreigner’s home state. Receive the specified documents at the embassy or consulate.

The consul invites the newlyweds and asks provocative questions in order to convict the Russian citizen of wanting to obtain a European residence permit.

The period for issuing certificates is 2 months.

A visa confirming the right of the bride or groom to stay on the territory of the Russian Federation

Documents for the registry office for a foreign citizen in Russia require the provision of:

• visas;
• migration card;
• residence permit;
• TRP (temporary residence permit).

A document confirming the right of the spouse to be on the territory of the Russian Federation is provided by the foreigner. The exception is citizens of states with which Russia has a visa-free regime.

Sometimes a marriage concluded under Russian laws is not recognized as valid in the homeland of the second spouse due to differences in the list of documents and the procedure. In this case, after getting married in the Russian Federation, it is necessary to go to the homeland of the second spouse and get married in accordance with the canons of that legislation.

If the spouse does not speak Russian

According to the law, the bride and groom are accompanied by a professional translator at all stages of submitting documents. He must present his diploma and passport to the registry office staff. Copies of these documents are attached to the application for marriage registration.

In the absence of a certified translator, a foreigner may be misled by questions about kinship with the chosen one, the voluntariness of the decision, etc. In this case, the marriage may be declared invalid.

Marriage agreement (if desired)

To determine the individual and property rights of each spouse, a marriage contract is drawn up. The canons of documents correspond to the legislation of the state in whose territory the spouses will permanently reside. If there is no such place, then the couple either chooses a country and draws up a marriage contract in accordance with the law, or relies on the laws of the state where they most recently lived.

If spouses have different permanent residence permits, then property and individual rights and obligations on the territory of the Russian Federation comply with Russian legislation.

People without a common citizenship who are in a relationship choose the legislation on which they will rely when clarifying their rights and obligations.

The main differences between a marriage contract in the Russian Federation and foreign countries:

• Legal secret. In many countries, interested parties have the right to familiarize themselves with the text of the marriage contract. In the Russian Federation it is legally established that no one except spouses or their representatives can see the document.
• The moment of signing the marriage contract. In the Russian Federation, signing is possible before or after registration of the union. In many countries, the marriage contract is signed during the ceremony.
• Rights of spouses. In Russia, a marriage contract regulates only property relations. In many states, spouses indicate non-property nuances.
• Change or termination of the document. In the Russian Federation, an agreement is concluded or the parties participate in a trial. Abroad, the contract can be changed if you go to court.

To sign a marriage contract, you must contact the consulate or the wedding palace.

Difficulty of choice

The choice of country depends on the preferences of the young couple. Among the most typical options are the following:

• in an ancient castle or palace (mainly European countries);
• on the seashore (island states);
• in wedding churches (USA).

You also need to take into account financial capabilities and the ease of resolving all official issues.

The cost of a wedding depends on what additional services are included in the official ceremony and may be adjusted accordingly. And when staying in some hotels in certain island countries, the wedding ceremony is offered completely free of charge.

Among the problems with official registration, it is worth paying attention to:

• degree of complexity of the preparatory stage;
• number of required documents;
• the need to translate documents;
• the need to confirm the legal status of documents;
• time to wait for permission to conduct the ceremony;
• time to legalize a marriage certificate in Russia.

It is necessary to prepare for a wedding abroad in advance, 4 to 6 months before the wedding date.

The greatest attention should be paid to the correct preparation of documents. Wedding planner: don't forget the most important thing.

In which registry office can you register a marriage with a foreigner?

Since 2021, the opportunity to register a marriage with a foreigner at the registry office in Moscow has appeared on 5 sites:

• Wedding Palace No. 4;
• Shipilovsky department;
• Meshchansky;
• Medvedkovsky;
• Gagarinsky.

According to statistics, about 10% of marriages are registered as unions with foreigners.

Obtaining a temporary residence permit after marriage

After marriage, the visiting spouse wants to stay in Russia, so he receives a temporary residence permit. In this case, the spouse contacts the Migration Service and fills out an application. After passing all checks, the migration authority puts a temporary residence mark in the passport. Most often, a temporary residence permit is valid for 3 years, but there may be exceptions.

To obtain a permit you will need the following documents:

• statement;
• legalized marriage certificate;
• a copy of an identity document certified by a notary;
• divorce certificate (if available);
• copies of children's birth certificates;
• 2 color photographs of a foreign spouse 3.5*4.5 cm;
• medical certificates confirming the absence of HIV and other diseases;
• a document confirming knowledge of the Russian language.

After a Federal Migration Service employee has reviewed the package of documents and satisfied the request for a temporary residence permit, the foreign citizen receives the coveted mark.

Fictitious marriage with a foreigner

A fictitious marriage is understood as a union built not on love, but on obtaining benefits (obtaining citizenship, residence permit, etc.).

According to the provisions of the RF IC, a marriage is declared invalid if one of the spouses:

• was under duress;
• incompetent;
• did not know that he had gotten married.

If the marriage is fictitious, then a spouse with foreign citizenship can apply for a Russian passport after 3 years of marriage. When a foreigner receives citizenship, the fictitious marriage is dissolved.

However, in Russia it is difficult to prove the existence of a fictitious marriage, unlike other countries where the requirements are more serious.

If the actions of government agencies led to the expected result (that is, it became known about a fictitious marriage), then:

• citizenship or residence permit of a foreigner is revoked;
• a foreign citizen leaves the Russian Federation within 15 days from the moment the union is declared invalid;
• transactions concluded during marriage become invalid;
• Sometimes the measures of the Criminal Code are applied to a foreigner.

If the existence of a fictitious marriage is proven, then the jointly acquired property is divided in half.

Consular procedure for legitimizing a union

If the marriage was registered in a country that does not participate in the Hague Convention and has not signed an international treaty with Russia, then the spouses will need to contact a consular office in the Russian Federation.

The couple will need to provide the institution’s staff with the following package of documentation :

• statement;
• international passport and national passport;
• certificate of registration of the marital union;
• a receipt establishing the fact of payment of the state fee in the amount of $30 .

The form for writing an application can be downloaded and printed from the government services portal or asked for it directly at the consulate.

The consular representative will collect the documentation provided and in return issue the applicant with a receipt. It will contain information about the list of documents submitted and the date of their provision. The receipt also contains information on what day the spouses will need to visit the consulate again.

Legalization of marriage will be carried out within 1 month.

Rights and obligations arising when registering relations

After marriage, rights and obligations arise between spouses. There are 2 main points:

• Possession of joint property. It is usually prescribed in the marriage contract or the spouses agree to a common regime. The contract stipulates the division of property in the event of divorce. In the second case, upon divorce, the spouses divide the property in equal shares.
• According to the law, a child born automatically receives citizenship of the country in which he resides. Sometimes spouses agree on the citizenship of their children: they will receive one or dual citizenship.

The marriage contract is certified by a notary. Legalization for the state of the second spouse takes place according to the specified algorithm.

International marriage: pros and cons

International marriage has its advantages and disadvantages.

Before marrying a foreigner, it is necessary to study the legislation of the country where the groom is from. Otherwise, there is a risk of being left without property, citizenship, paying a fine and being forcibly deported.

List of the most popular countries for a wedding ceremony

Having decided to hold a wedding ceremony abroad, you need to decide on the country where the registration will take place.

official registration is valid

You need to choose very carefully, because in each country marriage legislation dictates its own rules and can have very significant differences. Some of the most popular countries for holding an official wedding ceremony are:

Jamaica. This country has a hot temperament and beautiful, fascinating nature. Its residents are simple and hospitable, they know how to work, but also love to relax with all their hearts. If the newlyweds know how to have fun, then a Jamaican wedding is a great option to create a bright and noisy celebration for yourself and your guests.

The Czech Republic is an ancient country steeped in history, which is associated with knights and princesses. If the bride dreamed of a fairytale wedding, then getting married in Prague to the sounds of an organ against the backdrop of medieval fortresses and castles will make her dreams come true.

Italy. It is not for nothing that it is called the birthplace of spring and the place where eternal love reigns. To the attention of future spouses there are cozy bays, snow-white villas, rocky caves, shady emerald groves, kilometers of beaches. This is a country that is considered a Mecca for lovers' pilgrimages. And not without reason: Rome, Florence, Venice are some of the most romantic cities in the world. And the world famous tragic and beautiful love story of Romeo and Juliet took place in Verona. This is the ideal place for a long-awaited event.

Australia. In Australia, you can enjoy stunning nature far from civilization, but also admire the unique architecture and the results of technological progress. Having had a wedding in the center of Sydney or in a hidden bay near the ocean, the newlyweds will remember the unique atmosphere of Australia for a long time.

New Zealand is a country of extraordinary beauty. Getting there, the tourist feels a complete separation from civilization, immersion in nature, unity with it. Like nowhere else, here you get the impression of the edge of the earth, a place where time has stood still. Weddings in New Zealand are original and unforgettable, because against the backdrop of emerald nature, a wedding dress will look like something from a fairy tale.

Greece is a place famous for its hospitality. A couple in love will feel comfortable in this country, and a wedding against the backdrop of alluring landscapes and amazing architecture will become one of the most memorable days in the life of a young family.

O. Crete is the largest island of Greece, the landscapes of which are amazing: mountains, forests, clean beaches of the Aegean and Libyan Sea. Along with ancient monuments, monasteries, fortresses, chapels, more and more buildings of modern architecture are appearing on the island. A wedding in Crete is for those lovers who are attracted by a land full of romance of centuries-old history.

Iceland. A small island that is famous not only for its untouched nature, unique landscapes, but also for many amazing legends about elves and wizards. Therefore, for lovers of everything mysterious and unique, a wedding in Iceland will certainly be a suitable option.

USA. Rarely does a state present such a variety of landscapes and a wealth of natural monuments. Each of the 50 states is ready to offer something different for a couple in love planning to register the birth of a new family in this country. An unforgettable wedding celebration can be organized against the backdrop of a waterfall, desert, blue ocean or emerald green forest, climb onto the roof of a New York skyscraper, or arrange a rock-and-roll-style party in Vegas. There are no clichés or restrictions in America!

Here's what a wonderful wedding you can have in Mauritius:

How to divorce a foreigner

In the Russian Federation, divorce occurs in the registry office or court if one of the parties does not agree. Couples who do not have common children or disputes over joint property apply to the registry office. An application must be submitted to the court if it is necessary to determine the place of residence of children and divide property. Husband and wife pay a fee for government services.

If a foreigner married to a citizen of the Russian Federation does not understand Russian, he needs to translate court documents into English or his native language. It is permissible to invite a certified translator to a court hearing.

Sometimes unions dissolved outside Russia are considered valid on the territory of the Russian Federation. To avoid problems with the divorce process, you need to familiarize yourself with the legislation of both countries or contact lawyers.

Most often, divorce proceedings take place in the country of each spouse. The most difficult are the meetings where issues of raising and living children are considered. Most often, litigation is carried out in both countries of which the parents are citizens. Removal of a child without the knowledge of the other parent falls under administrative liability (payment of a fine) and deprivation of parental rights.

Before registering as spouses, you need to know all the nuances - from the intricacies of marriage to the divorce process.