Official registration of marriage entails legally significant consequences. The increasing trend of open relationships is caused, among other things, by a misunderstanding of why a marriage certificate is needed. A family passport has more than just a formal meaning. This is a primary document in many legal relations: when concluding transactions, in the process of inheritance, when registering guardianship or adoption, and in other situations.
General procedure for registering marriage
The marriage procedure is carried out with the obligatory presence of the bride and groom on the specified date after 1 month from the date of filing the application (1 paragraph of Article 11 of the RF IC). The waiting period is due to the fact that during this period the future married couple must finally check their relationship and understand whether they want to build a real family legally.
To obtain a marriage certificate directly on the day of application, applicants must provide confirmation of one of the valid reasons for obtaining such permission:
- pregnancy (availability of a certificate from an obstetrician-gynecologist);
- birth of a child (certificate from the maternity hospital, birth certificate);
- threat to human life (severe illness, injuries incompatible with life, cancer).
On the specified day, those who submitted the application must arrive at the time of the wedding with all the necessary documents (passport, application). The duration of the procedure with the ceremonial part is on average 20-30 minutes.
During state registration, the entry in the act is made under the common surname of the spouses or separately (mutual desire of both parties) in accordance with the legislation of the Russian Federation (Article 28 of the RF IC).
And once again the rules
This document is filled out strictly according to certain rules on a special form. These provisions are regulated by the Government of the Russian Federation and the special rules established by it. No corrections or erasures are allowed in the certificate. If there are such errors, the document will be considered invalid.
If a mistake was made in the registry office, and you noticed it, then you must immediately point it out. In this case, you will not have to make any additional payments. Well, if in a fit of anger one of the spouses was editing the sacred manuscript, then there is nowhere to go - another 200 rubles. and a brand new analogue is on hand. Lamination of the certificate is not allowed, since this makes it impossible to affix stamps on its reverse side.
What is a marriage certificate
A marriage registration certificate is one of the important documents indicating the creation of legal family relationships, which is necessary for processing a large list of papers.
When is it necessary to present a document:
- registration at the birth of a child;
- replacement of documents when changing surname;
- registration of a mortgage, loan or repayment of debts on maternity capital;
- solving family problems that are interconnected with the preparation of necessary documents;
- obtaining the right to social benefits, benefits, compensation;
- registration of inheritance and other rights related to the disposal of family property;
- protection of the interests of both parties (payment of alimony, division of property).
What does the document look like and its size?
A marriage certificate is a document that is prepared according to a strictly established sample in accordance with the legal norms of the current legislation of the Russian Federation.
The document size is in A4 paper sheet format with special watermarks and other degrees of protection. Any certificate has its own unique number confirming the authenticity of this paper.
The certificate number and its series are located at the bottom of the document (a combination of Latin and Cyrillic letters separated by a hyphen, 6 digits in a certain order).
What information does it contain, what does the registration number mean?
In its initial form, the certificate is presented in a form that is filled out at the registry office after the conclusion of the marriage.
The finished document contains the following information:
- personal data of both spouses in unabridged form (last name, first name, patronymic);
- indication of citizenship;
- date, place of birth;
- the indication of nationality is entered at the request of the spouses;
- date of marriage;
- registration number, which is entered in the marriage registration book;
- place (in which registry office, city the marriage was registered).
The certificate also indicates the future surnames of the spouses after marriage, the full name of the institution where the document was issued, information about the head of the registry office, his signature and wet seal.
Information about making a deed at the time of marriage is contained in special journals in signed folders indicating the following data:
- personal data about both spouses before their legal marriage;
- date of birth, age;
- citizenship and nationality;
- surname, which was assigned after marriage;
- actual place of residence, registration;
- passport details of both spouses;
- entry number and date of entry;
- full name of the institution that performed the marriage;
- all necessary data from the birth certificate (series, number).
If the marriage breaks up or is declared invalid for another reason, then the vital record must be changed with the relevant information entered (dissolution of the union by a court decision, another record confirmed by the registry office).
Information about the registration can be obtained from the civil registry office where it was made. Close relatives also have the right to receive this information (relevant documents must be submitted for confirmation).
If there are no family ties, then a power of attorney from one of the spouses will be required. After a certain period of time, the records are transferred to the archive, so information about marriages 40 years ago can only be obtained after making a request.
Who issues the paper
A completed birth certificate is issued to the spouses at the registry office immediately after marriage and is confirmation that the young people have become legal husband and wife.
The exception is certain cases when marriage becomes prohibited for both parties:
- incapacity of one of the applicants;
- the presence of an already registered marriage for one of the parties;
- minor age, provided there is no permission from parents or official guardians or adoptive parents.
- if both parties are in close, family relationships.
Reasons for receiving
The basis for obtaining a ready-made sample of a marriage certificate is the preliminary submission of an application and the direct implementation of the marriage procedure on the specified day and time.
When submitting an application, both parties must submit the following documents:
- receipt of payment of the assigned duty;
- passports of both parties;
- additional confirmation (permission based on age restrictions, divorce certificate from a previous marriage).
How to fill out a marriage certificate
Only civil registry office employees have the right to fill out a marriage certificate, since this document must contain detailed information about the completion of the procedure with all data entered by an official of the institution in accordance with the legal norms of the RF IC.
You can pick up a completed marriage certificate on the wedding day, but subject to payment of the state fee and availability of all the necessary documents for the legal implementation of the procedure.
State duty for issuance
The state duty for marriage is 350 rubles in accordance with the established norms of the current RF IC.
The cost of the procedure is determined by the provision of a certain type of service:
- preparation of the necessary package of documents;
- filling out the certificate;
- direct implementation of the marriage procedure.
Payment of the fee is made directly at the registry office, where the application is submitted 30 days before the scheduled wedding day. Based on the funds deposited, a receipt is issued, which confirms the fact of the monetary contribution.
If one of the parties has certain benefits (hero of the USSR, Russian Federation, participant in the Second World War, military operations), then the amount of payment is only 50% (175 rubles).
In large cities, the fee can be paid at a special terminal, which operates online and automatically issues a receipt immediately after depositing funds.
The transfer of money can be carried out through the State Services portal, online banking of Sberbank (you must enter the necessary data and carry out the operation). When entering, you should pay attention to the current account and enter all the numbers correctly, since in case of an error, the receipt will automatically become invalid.
Requirements for another country
A certificate of official marriage registration is required when applying for citizenship or residence permit of another country, as well as to obtain a visa. In addition to the original, you may need an official translation of the document, which is performed with maximum accuracy and certified by a notary. Any minor mistake leads to long-term legal difficulties.
Legalization of a document for its use in the legal field of another country can be carried out in several ways:
- Consular legalization.
- Apostille - when moving to another state, when marrying a citizen of another country, when registering an inheritance after the death of a foreign spouse.
In the second case, affixing a special stamp is sufficient to legalize the document within the framework of the legislation of countries that have joined the Hague Convention. The first method is necessary to use the document in all other states and takes more time to complete.
Is a marriage certificate taken away in case of divorce?
Filing an application for dissolution of family relations requires the presentation of an original marriage certificate (Article 33 of the Law “On Civil Registration”).
After the divorce, a special mark about the divorce is placed on the document with the necessary data entered (date of divorce, record of the date and place of registration). If the document is missing, then according to the law, in order to carry out the rupture procedure, it is necessary to obtain a duplicate.
When considering a divorce case in court, the certificate is a mandatory document for filing a claim. If there are difficulties in obtaining a duplicate, then as a replacement you can submit a marriage certificate from the registry office.
After receiving a divorce, the certificate remains in the hands of one of the spouses and can be useful for processing other documents (protection of inheritance rights, confirmation of a change of surname, contacting social security authorities to receive benefits and allowances).
If the application for divorce was filed at the registry office that performed the marriage, then a marriage certificate does not need to be presented.
The legislative framework
| Name of the normative act | What regulates |
| Family Code of Russia | Article 25 establishes the moment from which the marriage union is considered officially dissolved. From this moment on, a certificate certifying the fact of termination of the marriage comes into force. |
| Russian Tax Code | Article 333.26 regulates the amount of state fees that must be paid to obtain government services at the registry office. |
| Federal Law “On Archiving in the Russian Federation” | Chapter 4 establishes the procedure for recording and storage periods for archival papers and documents. |
Do I need an apostille?
An apostille is a confirmation drawn up according to certain requirements, enshrined in the Hague Convention and valid for its participating countries. Apostilles have been in effect in Russia since 1992.
In essence, an apostille is a stamp confirming the authenticity and legality of the document being certified. The need to affix an apostille is due to the fact that each state has its own legal norms and requirements for paperwork.
An apostille is not always affixed, but only if the document will be used on the territory of a foreign state, which is also a party to the Hague Convention. So, an apostille is placed on a marriage certificate if you:
- moving to another state;
- marry a foreigner on the territory of the Russian Federation. To recognize the legality of such a union, it does not need to be concluded again in the country of residence of the spouse. It is enough to affix an apostille;
- receive the inheritance of a foreign spouse.
Thus, a marriage certificate plays an important role in the life of every family, not only at the time of marriage, but also for many years after it.
