How to marry a prisoner. Features of a wedding in prison

There are no boundaries for loving hearts. If two people decide to formalize their relationship, then even prison bars cannot prevent them from doing so. But how to legitimize relations with a prisoner?

We will tell you about the main points you need to know in order to have a smooth wedding behind barbed wire. However, when marrying a prisoner, you won’t have to count on a magnificent ceremony. But we will talk about this below.

Attention! In correctional colonies, pre-trial detention centers and civil registry offices of different regions, some nuances may vary. It would be best if you clarify all the small details yourself. In specific institutions. And even before you begin to actively act.

A complete package of documents for registering a marriage in prison:

passports of both future spouses;
permission to conduct a wedding procedure from a special department of a correctional institution/pre-trial detention center;
receipts for payment of state fees. The amount of the state duty changes frequently. Find out here;
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;
if one of the persons had a previous marriage - a certificate of divorce;
if the person entering into marriage is a minor - permission from the guardianship authorities;
if a marriage is planned with a foreign citizen, a certificate of his marital status issued by his home country is required. But translated into Russian and certified by a notary.

What documents are required for this?

You will need the passports of the bride and groom.
If either or both of them were previously married, you must provide proof of divorce or death of your former spouse.
Also, those getting married fill out an application for marriage.
The applicant, while free, pays the state fee and provides a receipt for payment to the registry office.

Find out what list of documents is usually required for the official registration of marriage here.

We invite you to read other publications by our experts on the peculiarities of marriage in Russia:

At what age is it allowed and how can it be issued between persons under 18 years of age?
Obstacles and conditions for confinement.
How to formalize a relationship with a foreigner, including a stateless person?
Procedure and timing of registration during pregnancy.

How is a wedding in prison?

On the day of registration, you arrive, where the marriage is registered. You and the registry office employee are inspected and given a pass to the territory of the correctional institution.

Most likely, only you will be at your own wedding. Not counting the registrar of the registry office and several employees of the colony. Only in rare establishments do bosses allow a couple to invite two guests. But most often, unauthorized persons are prohibited from attending the registration of marriage in the correctional institution.

There is no formal ceremony. You will put the necessary signatures in the registration log. You will even be allowed to exchange rings. But after that you will take them with you - wearing metal products in prisons is prohibited (according to internal regulations). The entire wedding procession will take about five minutes. Your spouse will be taken away immediately.

After the wedding, the newlyweds will be “gifted” with a long visit (except for those sitting in a pre-trial detention center - visits are available to persons after a court verdict). It will last up to three days. True, for this you need to obtain permission to date in advance.

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Step-by-step instructions: how can I sign?

According to the second article 26 of Federal Law No. 143-FZ of November 15, 1997 “On Acts of Civil Status”, if one of the persons entering into marriage is unable to appear at the civil registry office to submit a joint application, the will of the persons, getting married, can be formalized in separate applications for marriage. This can be done in two ways - from the side of a prisoner or from a free person.

If the initiative belongs to the convicted person

The prisoner must contact the administration of his correctional institution (if it is a pre-trial detention center, then the investigator). If the applicant has no disciplinary violations and is not being held in a detention center, then he is given a joint application form.
Having agreed on a time with the administration, a notary arrives at the institution, in whose presence the prisoner fills out his part of the application.
Next, you need to pay a state fee, without which the signature on the form will be considered invalid. Notary services are paid by the future spouses.
Through the administration of the correctional institution, the party with whom the convict wants to marry is given an application form and information about which registry office to contact for registration.
The registry office sets a registration date. This usually happens within a month. During this time, the future spouse, who is free, must obtain permission from the prison authorities or the investigator to visit the institution.

If the initiative belongs to a free person

It is necessary to contact the registry office, which is located on the same territory where the correctional institution is located, to obtain a joint application form and a receipt for payment of the state fee.
After the applicant signs the form, you need to find a notary. Before this, it is recommended to look at the market, since the price for the services of a notary willing to go to a pre-trial detention center or colony ranges from two to ten thousand rubles. Please note that the registry office may require copies of the application and documents, so this should be taken care of in advance.
Next, you need to obtain permission to visit the correctional facility in person or through a notary.
The notary comes to the prisoner to sign the second half of the application. Before doing this, do not forget to pay the state fee.
Having received the signed form, you can take it to the registry office, which sets the registration date.
After submitting the application, you need to contact the administration or investigator with a request to conduct the marriage.
This must be done at least five days before the registration date. Don’t forget to order a car for the registry office employee, who will take him to the appointed place and pick him up back.

Documentation

A passport is the main document for registering a marriage. If the convicted person is in a pre-trial detention center, then make sure that the document is present in his file.
Joint application form for marriage.
Permission to register a marriage, signed by the administration of the correctional institution.
Receipt for payment of state duty.
A document confirming the divorce or death of a spouse, if one of the spouses was already married.
A document authorizing marriage before reaching marriageable age if one or both persons are minors.
If the prisoner is a foreigner, then it is necessary to obtain a certificate with a translation stating that there is no registered relationship. You can get it from a notary.
If those getting married are under eighteen years of age, then they need written permission from their parents/guardian and documents confirming the need for marriage. For example, the bride's pregnancy.

How to make an application?

An application for permission to register a marriage is drawn up in the name of the head, and it is necessary to indicate the details of the correctional institution and the details of the prisoner: full name, residence address, passport details. Also, do not forget to indicate the passport details of your future spouse.

If the application is drawn up in a pre-trial detention center, then it is written in the name of the judge or investigator. The petition must indicate the expected date of the wedding and describe the items that the second person plans to bring with him to registration. The list of these items is discussed with the administration.

After three days you can check the status of your application. This is important, because without consent, a wedding is impossible. Please check with the staff that the passport will be in the room where the ceremony will take place at the appointed time.

State duty

The state duty is 350 rubles. To pay for it, you can use the government services website, online banking, or make payment through the registry office.

How is the procedure in MLS?

The wedding takes place in a separate room. Therefore, the bride or groom who is outside must obtain a pass to the territory of the prison or pre-trial detention center. The procedure is carried out by a civil registry office employee. The ceremony does not last long - 20-30 minutes.

As a rule, newlyweds have the right to invite two guests on each side , but this is discussed with the administration. Newlyweds are allowed to exchange rings, but the prisoner must give his ring to his partner, since metal objects are prohibited in prison.

You can order photography if among the convicts there is someone who wants to be a photographer. A staff member takes some photos for the prison newspaper. In some cases, a small tea party is allowed, but this depends on the authorities.

At the end of the ceremony, the prisoner is given a corresponding stamp in the marital status column of the passport. The partner will be given this stamp at the checkpoint, since he will have to leave his passport at the entrance to the correctional facility.

After registration, the prisoner and escort are taken to the interior premises. If the spouses have received the right to a long visit, then the “other half” is taken to the headquarters to wait for the paperwork for the long visit to be completed.

Differences from registration at liberty

The event is held in a special room of the correctional institution.
The number of guests is limited to two on each side.
The registry office office is installed only at the location of the MLS.
Notary services required.
Limited time for honeymoon.

We must not forget that marriage to a prisoner can affect your career or the career of your relatives. Employees of the Ministry of Internal Affairs, lawyers, bank employees and government officials are prohibited from having relatives with criminal records.

Unfortunately, unions formed in prison often turn out to be short-lived. This happens for several reasons:

The bride, who met her groom by correspondence, finds out that her lover turned out to be completely different from what she imagined.
A marriage of convenience in which the spouses registered so that the prisoner had the opportunity to receive parcels.
The selfish intention of the prisoner, who receives the right to long visits, the opportunity to receive parcels of food or cigarettes, as well as parcels with clothing and household supplies. Upon release, he can, at best, file for divorce, and at worst, disappear and not declare himself.
When registering a marriage, the property of the spouses is divided in half, unless a marriage contract has been concluded. In this case, the prisoner can take advantage of the other half's naivety for personal gain.

Where and how to get permission

Therefore, before entering into a marriage, you will need to contact an investigator or the court if the person arrested is registered with the specified authority. As practice shows, at this stage, problems usually do not arise, since there are no specific restrictions or prohibitions by law on the issue of formalizing family relationships in a pre-trial detention center.

Important! The person concerned, who is at large, must do the following:

contact the investigator or the court with a request to give permission to register a marriage with a person who is in a pre-trial detention center. The appeal may be oral or written;
if an oral appeal is refused, a written application must be submitted;
a repeated refusal must be formalized by the investigator or the court in writing, indicating the reasons for such a decision. The refusal can be appealed to a higher official or to a higher court.

In practice, there are almost no cases of refusal to register a marriage with a person who is being held in a pre-trial detention center.

Basic information

Usually a marriage with a prisoner is registered in order to make it easier and faster to receive visits. In addition, the remaining spouse receives the legal right not to testify against the accused, since the latter will become his close relative.

The law allows for marriages to take place outside the place of registration. After the procedure, you can obtain permission for a long visit - 1-3 days in a separate room. You need to take personal hygiene products, food, bed linen, and change of clothes with you.

An accelerated procedure for registering a marriage without the consent of the colony authorities is not available. If on the planned wedding date a prisoner is transferred to a punishment cell due to a disciplinary offense, the event will be postponed.

You will not be able to use the government services portal and other government Internet services.

On what grounds can registration be refused?

To register a marriage with a person who is in custody in a pre-trial detention center, it is necessary to exclude circumstances that could lead to a refusal to officially register family relations.

These are the grounds that are specified in Article 14 of the Family Code, namely:

one of the partners is already in a registered marriage;
marriage is planned between close relatives, half or full sister and brother;
the adopted child and the adoptive parent are trying to unite in marriage;
there are written documents confirming that one of the persons suffers from a mental disorder.

This list is exhaustive and cannot be supplemented by other circumstances. For example:

marriage with a foreign citizen;
lack of state registration at the place of actual residence;
religious beliefs and other barriers

cannot be an obstacle to marriage.

The deadline for registering a marriage may be postponed until the end of the term of serving the disciplinary punishment of a person held in a pre-trial detention center or colony, in the form of placement in a punishment cell.

Let's sum it up

Thus, registering a marriage with a convicted person is associated with organizational difficulties and possible problems with employment for close relatives of the prisoner, including children. Often you have to take leave at your own expense, asking your employer for time off. The event lasts 30 minutes, the maximum number of guests is up to 2 people, the permissible duration of dates is no more than 3 days after the marriage is registered.

Otherwise, the procedure is not much different from registering the marriage of free people. It is necessary to fill out an application and prepare the required package of documents.

Where does registration take place?

To carry out marriage registration for a person who is held in a pre-trial detention center and is also serving a sentence in a correctional colony, the head of the institution allocates a separate room. In it, the registry office employee carries out the procedure itself, in which future spouses, relatives, if they are admitted to the territory of the institution in the prescribed manner, participate, as well as the person responsible from the management of the institution.

Remember! For persons serving a sentence in a penal colony, marriage registration is carried out in the registry office, as for ordinary citizens.

Is it possible to legalize a relationship if one of the newlyweds is a convicted person?

People in prison have every right to register and marry. This is supported on the basis of the Federal Law of November 15, 1997 No. 143-FZ “On Acts of Civil Status”.

But before you make such a decision, you need to understand the full essence of the possible consequences for yourself and your children. For example, the wife of a convicted person or her children will not be able to get a job in the government sector, in banks, or under a military contract. Each of these places has a special security service that checks candidates for the position and their spouses for criminal records.

Most often, they enter into an alliance with a prisoner to get dates. After all, persons who are not relatives cannot obtain the right to attend long visits.

In this case, the marriage will take place not at the place of registration of one of the newlyweds, but at the place of imprisonment. Usually, places of detention are located far from their hometown.

What could be an obstacle?

An obstacle to concluding a marriage can be, for example, the prisoner’s being in a punishment cell.

There are also some difficulties. For example, in order to submit an application, you must obtain permission from a judge or investigator. This permission is not always so easy to obtain. But you have the right to get permission.

Also, an obstacle to holding a wedding in prison may be the inability to collect the entire package of documents .

If any documents are missing, they should be obtained or restored.

What can stop you from getting married?

A marriage may not take place if the necessary package of documents is not collected - it can be quite difficult to obtain permission from an investigator, judge or head of a correctional institution for this marriage.

Also, some necessary documents may be lost; to register the marriage, they will have to be restored or obtained again.

If the prisoner is in isolation, the wedding will have to be postponed until he is released from there, that is, for a period from several days to six months.

If a prisoner has serious disciplinary sanctions, the colony administration has the right to refuse him a wedding. In the event of a serious illness or death of one of the future spouses, the marriage will also not take place.

If one or both partners suddenly change their mind about getting married, then the wedding can be canceled at any time, but no one will return the money paid for the state fee and other documents.

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Features of the procedure

First of all, the convicted person fills out his part of the marriage application in the presence of an employee of the notary agency. Then the notary certifies the document and transfers the application to the second spouse. The latter can contact the registry office to obtain a form in his name. Sometimes the form is issued directly by the head of the colony.

The marriage registration procedure is carried out in a separate room within the pre-trial detention center or prison. The previously unconvicted spouse and the notary must issue a pass in order for the guards to let them through.

The duration of the procedure is no more than 30 minutes . You cannot carry rings or other metal objects with you.

The maximum number of guests during the wedding procedure is 2 people . They will need to obtain special written permissions granting the right to attend the event.