9 reasons to register your marriage, even if it seems that the stamp does not matter

Legal advice > Administrative law > Do you need registration to register a marriage, how to register a marriage correctly

Officially registering a marriage is the desire of many young couples. In this case, of course, there is no need to rush, but if the decision has already been carefully weighed and made, why not resort to registering family relations. The procedure, by the way, is not complicated, although it has some nuances.

In today’s material, we will pay attention to them, answering questions about whether registration is needed to register a marriage, how to properly register a marriage, and much more.

Access to the intensive care unit and to information about the patient’s health

Until recently, it was almost impossible to gain access to intensive care legally.
But in 2021, the Federal Law of May 29, 2021 No. 119-FZ “On Amendments to Articles 14 and 79 of the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” was adopted, which obliges medical institutions to allow visitors to see seriously ill patients. for patients - with restrictions, of course. And close relatives get the most rights to be around. The spouse is included in this number, but the cohabitant is not. The latter patient is a nobody from a legal point of view, so access may be denied. However, at other stages you may encounter problems. For example, a conclusion on the cause of death is issued only by Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation” to close relatives.

What are the disadvantages

None.

How to resolve the issue without registering a marriage

Cohabitants can draw up powers of attorney in advance, which will allow them to find out information about each other’s health. But most likely, simply showing it to the attending physician as a marriage certificate will not work. You will need to write an application addressed to the head physician and wait until it is considered. This will happen within 30 days.

Conditions for marriage outside the place of registration

The conditions are similar for citizens registered and living in the same place. A wedding ceremony can be held at any registry office in the country, regardless of the place of registration. The procedure is performed at home only for medical reasons.

Conditions for concluding an alliance:

• voluntary consent of future newlyweds;
• personal application;
• reaching the age of 18 years;
• there is no other registered marriage;
• provision of a complete package of documents.

In some cases, with permission from the local administration, young citizens can get married when they reach 16 years of age.

Marriage is impossible if:

• an incomplete package of documents has been submitted or the latter do not comply with the requirements of the law (for example, the bride or groom does not have a passport at all);
• close relatives, the adoptive parent and the adopted child, persons of the same sex want to get married;
• one or both spouses are declared legally incompetent;
• foreign citizens have provided documents that do not comply with the requirements of Russian legislation.

Residents of the country cannot enter into a new marriage until they receive a document certifying the dissolution of their previous marriage.

The right not to testify against a spouse

No one is obliged to testify under the Constitution of the Russian Federation against himself or his close relatives. But if you refuse to testify against those who are not on this list, you can be punished by the Criminal Code of the Russian Federation, Article 308 “Refusal of a witness or victim to testify.”

What are the disadvantages

None. The Constitution gives the right not to testify against a spouse, but does not prohibit doing so.

How to resolve the issue without registering a marriage

No way. Unless you are subject to another law that allows you to refuse testimony. For example, a priest cannot be forced to reveal the secret of confession by Federal Law of September 26, 1997 No. 125-FZ “On Freedom of Conscience and Religious Associations.”

The essence of marriage

Russian legislation does not have a clear definition of the phenomenon called marriage.

In scientific circles, marriage is understood as a union between a man and a woman, which has legal registration and is built on mutual love, voluntary and free relations.

The purpose of marriage is the desire to create a family. Thanks to such a union, the newlyweds become the owners of the rights and responsibilities common to the spouses.

In Ozhegov’s dictionary one can find confirmation of a brief explanation of the concept of marriage, which consists in the creation of family marital relations between representatives of the opposite sex.

Here is more information about what marriage is and its forms.

Larger tax deduction

Some tax deductions can be issued not only for yourself, but also for your spouse - always an official one. For example, it is allowed to return part of the costs of treatment and the purchase of medicines for the husband or wife, pension contributions or life insurance.

Also, in a marriage, both spouses can receive a tax deduction when purchasing an apartment, even if it is registered in the name of one of them. That is, the payment could be 520 thousand instead of 260. Likewise with mortgage interest.

What are the disadvantages

None.

How to resolve the issue without registering a marriage

Two people, even outside of marriage, can buy an apartment in half. In this case, everyone has the right, as an owner, to receive a deduction for their share. With other deductions - no way.

Is it possible to get married without registration of one of the spouses?

Registration for marriage registration is not a prerequisite

In today's realities, some young couples are seriously faced with the question of whether they will be able to register their marriage without having a residence permit.

The relevance of this topic is largely provoked by the actions of registry offices, which often refuse to register family relationships due to the lack of registration of one of the citizens. But is this legal? Let's figure it out.

Firstly, we immediately note that the registry office’s refusal to register a marriage is possible only in the presence of circumstances regulated by law. In the list of such, the item “Lack of registration for one of those wishing to register a marriage” is simply not present, so refusal for this reason is completely illegal. That is, any person with Russian citizenship has the right to register their marriage in their place of current residence and the issue of registration is completely unimportant here.

Thus, the refusal of the registry office due to lack of registration is an unlawful action. In a situation where there is such a violation on the part of government agency employees, citizens wishing to register a marriage can:

• Withdraw the application for marriage registration and go to another registry office (if there is time for this).
• Intimidate the registry office employees with legal proceedings and proof of their innocence by referring to the relevant legislative provisions.
• Go to defend your rights and freedoms in court, and also demand compensation from the registry office for moral and material damage.

By the way, all the actions described above take place and are completely legal, so you should not be afraid of their implementation.

The right not to pay tax on a gift

Gifts are income in intangible form. And a tax of 13% of the cost is paid. This applies to gifts worth more than 4 thousand rubles from legal entities, as well as real estate, transport and securities received as a gift from another person. An exception is made for gifts from close relatives.

If a husband gives his wife, for example, shares from a portfolio that he formed before marriage, he does not have to pay tax. If the boyfriend is a friend, he will have to.

What are the disadvantages

Gifts are considered personal property and are not divided in a divorce.

How to resolve the issue without registering a marriage

Give money.

Underwater rocks

The application to the registry office is submitted personally by the future newlyweds (or one of them if there is a notarized application from the other). If the bride and groom live in one region, but want to apply in another, then they will need to come there twice - first to submit the application, and then a month later to register the marriage.

Considering the cost of tickets, this may be expensive.

In such a situation, modern technologies can come to the rescue: if you submit an application to the registry office through the State Services portal electronically, then until the moment of marriage you do not need to contact the registry office.

Another important nuance: a duplicate marriage certificate is issued only by the civil registry office in which the marriage was registered. Therefore, if the marriage took place not at the place of registration, but in another city, in case of loss of the certificate, you will have to go there or send a written request.

Clear division of property

If an official marriage breaks up, everything is more or less clear. What is acquired during the marriage is divided in half, according to a marriage contract or by agreement. In each individual case there are nuances, but at least the starting points are spelled out in the laws. In this case, inheritance, gifts and premarital property are not subject to division.

For cohabitants, all this is not regulated in any way. Of course, we can talk about the highest form of justice: whoever bought what will leave with it. In practice, everything is more complicated. One bought a refrigerator, the other paid for its expensive repairs. And now it is no longer clear who owns the equipment. The man diligently paid the mortgage for the apartment registered to him, but ate entirely at the expense of his partner. As a result, housing officially belongs only to the person to whom it was registered.

What are the disadvantages

If one partner earned much more than the other, dividing the property in half may seem unfair to him. In this case, it is worth drawing up a marriage contract in advance. This can be done at any time after the wedding and even before it. True, there are important nuances:

• Only issues related to property can be specified in the contract. You cannot, say, oblige your partner to meet you in a latex suit on even days and deprive you of part of your savings for failure to comply with this rule.
• The agreement should not prejudice either party. It is a way to divide property in a way that seems fair, not a tool of punishment. So leaving the other side on the street without everything will not work.

In any case, it is better to draw up a marriage contract with a lawyer. A specialist will help you do this so that the court does not have any complaints about the text if the other party during the divorce tries to challenge the agreement.

How to resolve the issue without registering a marriage

Cohabitants can buy housing, a car, and land in shared ownership. Moreover, it is not necessary to divide everything in half; it is quite possible in proportion to the material contribution. Otherwise, the easiest way is to maintain a separate budget and chip in for common products and entertainment. And, of course, keep receipts for purchases such as household appliances and furniture that are not registered as property.

Everything here is like in a marriage: now you have love, but when dividing property, it can easily come to light who ruined who’s whole life and generally sat on their neck.

Pay special attention to documents confirming who paid for the animal when purchasing it. Keeping your beloved dog for yourself if your partner transferred the money can be difficult.

How does getting married in another city differ from the usual procedure?

Russian law is unambiguous in answering the question: is it possible to get married in another city and assumes the possibility of marriage in the registry offices of the Russian Federation at the choice of the couple.

There are no significant differences in the registration procedures. Newlyweds can get married where they wish. At the same time, they must submit a joint statement of desire to enter into abusive bonds at the selected registry office and wait the month specified by law.

If it is necessary to change (reduce or increase) the period of marriage, in accordance with Article 11 of the RF IC, valid reasons must be indicated in the joint application of the future spouses.

changes to registration deadlines here.

On the appointed day, a marriage ceremony (solemn or non-solemn) is held and the couple receives the first family act, which becomes a certificate of registration of marital relations.

If there is no registration that “prevents” marriage, there is nothing to worry about today. To ensure that registry office employees have no reason to refuse to carry out mandatory activities, it is necessary to prepare a full set of documents:

• application for marriage (to be completed directly at the registry office);
• identity cards of both citizens wishing to formalize the relationship (passports);
• a check proving payment of the state duty (the amount is specified in the registry office);
• newlyweds who were previously married must submit documents proving the termination of the previous marital relationship;
• admission to marriage of minors is permission from parents or guardians;
• couples getting married in a locality where the period of stay exceeds three months must submit a document proving the existence of temporary registration.

Right to inheritance

The spouse is the heir of the first priority by default. A cohabitant without a will cannot receive anything.

Let's say a couple bought an apartment in half. If something happens to one of the partners, his share will be divided between his parents and children. And in their absence, brothers, sisters, grandparents will get involved. In general, everything except the roommate.

What are the disadvantages

In the event of death, everything that belonged to the person during his lifetime will be divided among the heirs. And as a result, the process may not go the way the deceased originally wanted.

Let's say the wife received an apartment as a gift from her grandmother. She would like to later give this property to her child from her first marriage. If she dies without leaving a will, and the heirs cannot reach an agreement, then the housing can easily be divided equally between the husband and all the children.

How to resolve the issue without registering a marriage

A will should be written by a person of any age if he has any property. The document can also be challenged. But this is not as easy to do as is commonly believed. In addition, this is an official expression of will, which, at least, will not leave the possibility of speculating on the writings of what a person “really” would like.

You can also bequeath property to anyone, regardless of family ties, including your cohabitant.

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:

Automatic paternity

If a child was born in marriage, the father of the RF IC, Article 48 “Establishing the origin of a child”, is the husband of the woman giving birth. Cohabitants will have to additionally collect documents from the registry office in order to legitimize the rights of the father.

What are the disadvantages

Automatic paternity makes life easier if the child's father is a spouse. But it happens that people have not been together for a long time, but do not register the separation in the registry office. In this case, the man may not be happy with the simplicity of the procedure.

Another nuance is that paternity is assigned by default to the ex-husband if the child is born within 300 days after the divorce. On average, pregnancy lasts 294 days. It is especially inconvenient that such paternity can only be challenged through court.

How to resolve the issue without registering a marriage

If both dad and mom recognize paternity, legitimizing it is quite simple. You need to go to the registry office or MFC and submit the appropriate application.

How to submit an application to the registry office?

The application must be submitted at least one month before the expected wedding date. For good reason, the deadlines may be reduced. Registration is carried out on the day of application or another period chosen by the newlyweds (for example, due to pregnancy, emigration).

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What documents are needed?

To get married you will need:

• statement;
• passports of the bride and groom;
• receipt of payment of state duty (350 rubles);
• certificate of divorce, death (if available);
• permit for persons under 16 years of age (if available);
• a medical certificate or a conclusion about the bride’s pregnancy (if the couple insists on a short period of consideration of the application).

A sample application for marriage can be downloaded here.

Foreign nationals must present:

• a document confirming that there are no obstacles to a new marriage;
• passport;
• migration card or visa;
• certificate of marital status (issued abroad);
• receipt of payment of state duty.

All foreign official papers must be translated into Russian. The accuracy of the translation of documents from foreign representatives is certified by a notary.

To avoid the procedure for legalizing the confirmation of a foreign notary, the translation can be certified in notary offices on the territory of the Russian Federation.

Submission methods

The application is submitted in person at any department of the registry office, at the (MFC), through the online system of the State Service. You can also send a package of documents by mail.

To submit remotely through the State Services website, both future spouses must be authorized in the service.

Step-by-step instructions for submitting documents through the State Services portal:

[vote2x id=»1398" align=»center"] We advise: Does registration affect obtaining a foreign passport?

• In the authorization field, enter your password and login.

• In the service catalog, select “Marriage registration”.

• Fill out the online form (details of the bride and groom).

• Select the wedding date, registry office and save the form.

• After submitting the application, pay the state fee.

The period for consideration of the submitted application is 5 days. When submitting an application remotely, the state fee is reduced and amounts to 245 rubles.

Deferment from the army

The conditions for deferment from conscription service for a spouse and cohabitant are generally similar. Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service”. But for the first one, one child and a wife with a pregnancy of at least 22 weeks are enough. And the second one already needs to have two children. The difference is about 20 weeks.

What are the disadvantages

None.

How to resolve the issue without registering a marriage

There are other ways to settle relations with the military registration and enlistment office. For example, entering graduate school is a less pleasant process than everything that precedes pregnancy. But candidates of science are no longer entitled to a deferment, but an exemption from conscription, Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service.”

Appealing an unlawful refusal

According to clause 76 of the Administrative Regulations, approved by Order of the Ministry of Justice of the Russian Federation dated November 29, 2011 No. 412, in the event of an unlawful refusal to accept an application or register a marriage relationship, such refusal can be appealed both extrajudicially and in court.

The extrajudicial procedure involves the applicant applying to the regional registry office in the subject of the federation, regional departments of the Ministry of Justice, or directly to the Ministry of Justice in the capital. Such an appeal can be sent in writing or in the form of an electronic document and must be considered within a month from the date of its receipt.

Consideration of complaints about refusal of registration in court is carried out within the framework of administrative proceedings. It requires the applicant to file a statement of claim, and the consideration itself is carried out in the manner prescribed by Chapter 22 of the Code of Administrative Proceedings of the Russian Federation. According to Art. 219 CAS RF, appealing against the actions of civil registry office employees in court is possible within three months from the moment the applicants became aware of a violation of their rights.

Accommodation without temporary registration

If a person lives in another region for more than 90 days and has not completed temporary registration, he may be fined. But this does not apply to those who are staying in an apartment that belongs to his close relative, and the owner himself is registered in it. If you cohabitate, a fine of the Code of Administrative Offenses of the Russian Federation, Article 19.15.1 “Residence of a citizen of the Russian Federation at the place of stay or at the place of residence in a residential building without registration” cannot be avoided.

What are the disadvantages

None.

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.

Change of plans

In some life situations, the question arises: is it necessary to withdraw the application from the authority if one of the couple changes his mind about entering into a legal relationship? Or is this not necessary, and you can just not come on the scheduled day?

According to the law, the wedding ceremony will take place only if both future spouses attend. Accordingly, registration will be canceled if one of them does not come to the authority on the appointed day and time.

If no one comes to the authority for registration, the employees will simply cancel the ceremony. And, although there is an opinion that such actions are punishable by a fine, you should know that this is not the case. Citizens who change their mind about entering into a legal relationship will not have to pay a fine.

There will be no punishment. But you need to remember that workers are preparing for the ceremony, so those who decide to leave after submitting documents should still write a refusal.

Wedding Palace 5 Moscow how long to wait after submitting an application

• Info The standard waiting period is a month, although if the registry office sees that you have already been divorced several times, they can detain you for a long time, they will feed you noodles, there is no room, then someone is on vacation... They do this so that people thought carefully, and suddenly they change their mind...If the future bride quot;deepquot;
  pregnant, then the period may be reduced... Everything is in the power of the registry office workers! I know a case where, through an acquaintance, they signed on the day of the application and no deadlines were set... So, according to the law - 1 month. According to connections - there are no deadlines...
• Many people should know that after filing an application for marriage, you have to wait another whole month.
  But not surprisingly, there are other cases when this period can be either increased or shortened. But in what cases the waiting period for marriage increases or decreases is another question.

Prerequisites

In Russia, not everyone can officially legitimize their relationship. So, who will not be painted in our country:

1. Minors.
   This does not apply to young people who have already reached their 16th birthday, provided that the bride is pregnant or has already given birth.
2. People who are still married. Registration will be possible only after receiving a divorce certificate, so the registry office will definitely check its authenticity, because bigamy is prohibited in our country.
3. Incapacitated.
4. Close relatives, as well as the adoptive parent and the adopted child.
5. If one of the future spouses is against the union. In the Russian Federation it is registered only with the mutual consent of the two parties.
6. Persons of the same gender.

Your application will be considered within a month and only after that the ceremony can take place. Under some circumstances, signature is possible earlier, and sometimes even on the day the document is submitted. Eg:

• the bride is pregnant, especially in the later stages, or has already given birth;
• one of the couple is seriously ill or is leaving on a long business trip;
• the guy is drafted into the army.

But still, in most cases, lovers need to wait 30 days before the wedding and during this time once again weigh the pros and cons of their decision.

Nuances of an official wedding

The first step is submitting an application

In addition to the issue of registration, potential newlyweds are also concerned about other nuances of an official wedding. For the benefit of the readers of our resource, let’s look at all the intricacies of registering a marriage on the territory of the Russian Federation in the “Answer – Question” format. Well, let's get down to analyzing the features of an official wedding.

In what order are solemn and non- solemn marriage registration ceremonies carried out?

It all depends on the rules established in the registry office where the application was submitted. In some organizations, solemn and non-ceremonial wedding ceremonies are held without division, while in others there are divisions by day, for example, celebrations are organized on Mondays, Tuesdays and Saturdays, and “quiet” marriage registrations are organized on other working days. The exact procedure for marriages regarding this issue should be found out in the registry office department where you applied.

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The marriage process is exactly the same as with adults, but with some features. So, in order to register a marriage with the participation of a minor, you must:

• firstly, that this person must be at least 16 years old (with the exception of the bride’s pregnancy - in such a situation, even 14-year-old citizens are allowed to register marriages);
• and secondly, obtain written permission to conduct the marriage procedure from official representatives of the minor and the guardianship and trusteeship authorities at the place of residence (these papers are provided to the registry office when submitting the application).

Otherwise, marriage with a minor citizen has no nuances.

Is it possible to legally reduce the wait to get married after filing documents?

Marriage is an obligation both to each other and to the state

Yes, it's possible. The main thing for such a reduction in terms is the presence of good reasons for early marriage. Most often, a reduction in terms occurs due to the bride's advanced pregnancy.

If this circumstance exists, the registry office undertakes, upon application of the young couple and the submission of such a certificate from the hospital confirming the fact of pregnancy, to “sign up” citizens at least the next day after submitting the application.

Also, if the condition of the pregnant bride sharply deteriorates and she is transported to the hospital on the day of the wedding, the registry office employee concluding the marriage can conduct it outside the walls of the government agency, and in the hospital, again, at the request of the young couple.

When is it not possible to officially register a marriage?

It is impossible to register a marriage in the Civil Registry Office of the Russian Federation if:

• persons wishing to get married - close relatives, one of them is married, adoptive parents and adopted children, one of them is declared incompetent due to a mental disorder;
• persons wishing to get married did not provide the required documentation to the registry office employees;
• persons wishing to get married, or at least one of them cannot get married due to age (marriages can be registered from the age of 18, except for the circumstances described earlier).

What are the legal consequences of formal marriage?

Registration of a marriage between a citizen and a citizen of the Russian Federation gives them the right or obliges them to:

1. jointly acquire property;
2. register children into your family;
3. support each other financially;
4. comply with all provisions of the Family Code of the Russian Federation relating to marriage;
5. dissolve the marriage.

This concludes perhaps the most important information on today’s topic. We hope that the material presented above has answered your questions. Good luck with your marriage registration!

The video will show you how to submit an application to the Civil Registry Office through the State Services website:

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.

Which registration to choose

Regardless of the choice of registration, each of them has the same legal force before the state.

Solemn

In Russian cities, it is possible to hold a ceremony only two days a week - Friday or Saturday. The registry office staff recommend inviting no more than twenty people as guests. Everything, of course, will depend on the size of the hall; sometimes more is allowed, and sometimes less.

Do not be late under any circumstances, because you are not alone and there will probably be other people following you. It’s better to arrive even a little earlier and spend this time on a photo shoot.

At the appointed time, you will be met by a special person who will need to give your passports and rings. Most often, such issues are dealt with by witnesses.

When it’s your turn, guests, a photographer and a cameraman, if any, will be invited into the hall first, and then you. The future spouses walk in to Mendelssohn's waltz. The employee will read a solemn speech and ask about your consent to get married, after the cherished “Yes” you need to sign the marriage registration certificate, then you will exchange rings and kiss to applause. At the end of the ceremony you will be given a certificate.

Unsolemn

With non-ceremonial registration, things are simpler. Most often, future newlyweds come to the event together, with a maximum of a couple of guests, who will most likely be asked to wait in the corridor. The couple is being signed in a regular office at the registry office.

The newlyweds will be asked about their consent to marriage, they will sign the appropriate documents, receive their certificate and can be free.

This procedure can take place on any weekday, except Monday, since it is a day off, and Friday, because it is intended for special weddings.

And remember that regardless of the date, time, ceremony, outfits and the rest you choose, the most important thing for a couple remains their real and sincere feelings, which are the main culprits for creating a family.