Is it possible and how to replace a marriage certificate?

Sometimes it happens that the documents we have become unsuitable for further use, and then the question arises, for example, how to replace a marriage certificate or some other document. Usually, we hide the marriage certificate received at the registry office on the wedding day in a secluded place and, one might say, forget about it for a long time. However, anything happens in the life of a family and there are times when a document becomes necessary. It is then that it turns out that it is impossible to do without replacing it. We will tell you in this article how and where you can replace your marriage certificate.

Grounds for replacing a marriage registration certificate

Obtaining a duplicate is required in case of any change in the data in the certificate or its loss. Let's consider each of the situations:

Thus, you can obtain a second certificate only in the following cases:

• loss;
• damage;
• inability to read;
• contains errors or typos.

In other cases, no replacement is made.

State duty

If you come to the registry office and decide to submit documents in person, then the employees will issue a receipt to pay the state fee. In 2021, it is 350 rubles, the same as for receiving the original.

For a second divorce certificate, you also need to pay 350 rubles.

There are many ways to pay the fee. Some require more time, others are more convenient. Which one to choose is up to you. We offer the most common ones:

• in the terminal, which is located in the registry office;
• go to the nearest Sberbank branch;
• make a payment in Internet banking;
• pay via qiwi terminal;

Sberbank is the best option, since there is an electronic queue, and the procedure will take no more than 15 minutes. After you receive the check and receipt, go back and show the bank employees.

There is one small drawback - banks charge a commission of 20-50 rubles for their services. If you want to make copies of documents, they will charge you another 100 rubles.

Who has the right to apply for a duplicate marriage certificate?

Based on Art. 9 Federal Law No. 143, a duplicate is issued to the spouse who appears in the civil status records and is the owner of the certificate, as well as to other categories of citizens:

• guardians of incapacitated persons;
• relatives if the owner of the document has died;
• by an attorney on the basis of a notarized power of attorney.

Grounds for refusal to replace a certificate

When they refuse to issue a duplicate:

• application for a document by an unauthorized person;
• lack of a power of attorney from an outsider who is not included in the circle of applicants by law;
• provision of an incomplete set of documents;
• incorrect filling out of the application.

How to pay the state fee for registering a marriage?

Which relatives can marry?

Where can I change my passport if I change my last name?

Replacement of a passport when changing a surname after marriage is carried out:

• or in the internal migration department of the Ministry of Internal Affairs;
• or through a multifunctional center (MFC);
• or through the State Services website.

In order to quickly change your passport when changing your last name, I advise you to immediately contact the police department at your place of residence that deals with internal migration issues.

It is unlikely that you will be able to make an appointment in advance, since this is not yet available in all departments. Reception is carried out mainly “the old fashioned way” - on a first-come, first-served basis. Special days and hours are allocated for the registration and issuance of passports at the migration department of the Ministry of Internal Affairs of your city.

You can receive a receipt for payment of the state fee directly from the department. After submitting the documents and application to the employee, he (she) will give you a receipt confirming the acceptance of the documents indicating the date the passport is ready. Only its owner can pick up the completed passport on the appointed date.

Procedure and methods of applying to replace a marriage certificate

In 2021, citizens can use any of the methods to contact the registry office:

• personal visit;
• State Services portal;
• Post office;
• legal representative;
• MFC.

Each option has its advantages and disadvantages.

Applying to the registry office in person

The main body registering changes in civil status acts is the Civil Registry Office. The application can be submitted to the government agency that issued the certificate. In this case, a new document is issued on the day of application. If the application is submitted outside of territorial jurisdiction (when the citizen is in another city), you will have to wait several days, which are spent on preparing, sending and receiving documentation.

A personal visit to the registry office is relevant for citizens who want to receive a document on the day of application. What the procedure looks like:

1. An application is drawn up in Form No. 26, approved by Order of the Ministry of Justice No. 201 dated October 1, 2018.
2. The document is submitted to the registry office.
3. The wait is several minutes, after which the citizen is given a duplicate with the appropriate mark.

The disadvantage of this method is the need for a personal visit to the government agency and the time required.

List of required documents: During the visit, the applicant provides a passport and a receipt for the transfer of state duty. If the certificate is not lost, but is unreadable, it is recommended to bring it as proof of the validity of the application.

Relatives who wish to receive a certificate for a deceased citizen provide a death certificate and documents to confirm the relationship, information about opening an inheritance case.

Through the State Services portal

Using the portal provides the advantage of remote submission of documents, but an electronic signature and a verified account will be required. How to get a duplicate:

1. We go to the portal and go through authorization.
2. Enter “Obtaining a repeat certificate” in the search bar.
3. Fill out the electronic application form and attach a scanned copy of your passport.
4. We send the application. You can track the status of your request in the “My Applications” section.
5. The result in the form of an electronic document arrives within 1 hour in your personal account.

Service delivery times vary in each region. For some entities, the use of State Services to obtain a duplicate document is not available.

Via Russian Post

If it is not possible to personally visit the registry office or use State Services, citizens have the right to use Russian Post. What should be done:

1. Print and fill out the application form, indicating a request to send the document by mail with a specific address.
2. Send by registered mail to the address of the government agency with acknowledgment of delivery and a list of attached documents: copies of the passport and receipt.

The period for obtaining a certificate depends on the speed of the postal service and in some cases reaches 1 month.

Through a legal representative

The procedure for submitting an application through an attorney is practically no different from a personal visit to the registry office. A citizen who wishes to receive a duplicate also fills out an application, but the legal representative must present a notarized power of attorney when visiting a government agency.

You can issue a special or one-time power of attorney by ordering mailing to the applicant’s address.

At the MFC

Citizens have the right to contact the MFC for a duplicate; its production time will be 6 working days. The procedure looks similar to visiting a registry office. You must have a passport and a state duty receipt with you. Relatives provide identification cards, receipt, death certificate and documents of relationship.

Penalty for passport when changing surname

Replacement of a passport when changing a surname after marriage is carried out within a certain time frame. If, after changing your last name, you did not have time to apply for a replacement passport within 30 days, then this is considered an administrative offense, liability for which is currently provided for in Art. 19.15 of the Code of Administrative Offenses, according to which

1. Residence at the place of stay or at the place of residence in the residential premises of a citizen of the Russian Federation who is required to have a citizen’s identity document (passport), without a citizen’s identity document (passport), or with an invalid citizen’s identity document (passport), - entails the imposition of an administrative fine in the amount of two thousand to three thousand rubles. 2. The violation provided for in Part 1 of this article, committed in the federal city of Moscow or St. Petersburg, entails the imposition of an administrative fine in the amount of three thousand to five thousand rubles.

As you have already noticed, the sanctions are formulated in the “from” and “to” format. Why does the law not provide clear fixed amounts for collecting a fine?

The fact is that, according to Part 2 of Article 4.1 of the Code of Administrative Offenses,

When imposing an administrative penalty on an individual, the nature of the administrative offense committed by him, the identity of the perpetrator, his financial status, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility are taken into account.

In this regard, you can refer to circumstances that are mitigating and must be taken into account when assigning a sentence.

Article 4.2 of the Code of Administrative Offenses contains a list of circumstances mitigating administrative liability. Those from the list specified in this article in relation to the situation under consideration include:

repentance of the person who committed the administrative offense;

voluntary cessation of unlawful behavior by a person who has committed an administrative offense;

voluntary reporting by a person who has committed an administrative offense to the body authorized to carry out proceedings in the case of an administrative offense, about an administrative offense committed;

committing an administrative offense in a state of strong emotional excitement (affect) or due to a combination of difficult personal or family circumstances;

commission of an administrative offense by a pregnant woman or a woman with a young child.

When imposing a punishment, other circumstances not specified in the Code may be considered mitigating.

If mitigating circumstances are established in the case, there is a chance of receiving a minimum fine (3,000 rubles for Moscow and St. Petersburg, 2,000 rubles for other regions).

The law provides 10 days to appeal a decision imposing a penalty in the form of an administrative fine (Part 1, Article 30.3 of the Code of Administrative Offenses). After the expiration of this period, if the decision is not appealed, it enters into legal force.

After the resolution comes into force, 60 days are allotted for paying the assigned administrative fine (Part 1, Article 32.2 of the Code of Administrative Offenses).

Thus, after the decision to impose a fine is made, you have 70 days left to pay it.

If the fine imposed for an expired passport is not paid within the prescribed period, then in accordance with Article 20.25 of the Code of Administrative Offenses

Failure to pay an administrative fine within the period provided for by this Code entails the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a term of up to fifty hours.

At the same time, you are not exempt from paying the fine imposed for an expired passport and are required to pay it in full.

How much does it cost to replace a marriage certificate?

For issuing a duplicate, a fee of 350 rubles is paid. any of the convenient options depending on the method of application:

The details of the government agency for paying the fee can be found on the official website.

State fee for changing the last name in the passport

In accordance with subparagraph 17, paragraph 1, article 333.33 of the Tax Code of the Russian Federation

The state fee is paid in the following amounts: for issuing a passport of a citizen of the Russian Federation - 300 rubles.

However, if you make a non-cash payment on the State Services website, you can do this with a 30% discount. The amount of state duty in this case will be 210 rubles.

Lawyer's answers to frequently asked questions

Is a replacement required if the last name with the letter “е” is indicated in the passport, and the last name with the letter “e” is indicated in the certificate?

According to the Letter of the Ministry of Education and Science dated October 1, 2012 No. IR-829/08, the spelling of the specified letters in the personal data of citizens is equal if it does not distort the information. The main thing is the consistency of the remaining data in the identifying documents. However, when carrying out legally significant actions, difficulties may arise, and in order to avoid challenging refusals to provide services from government bodies in court, it is recommended to replace the document.

I live in another city, and there is a need to replace my certificate. How can i do this?

For those living outside the place of registration, it is possible to use the State Services portal and send registered letters by Russian Post. You can also create a power of attorney and ask another person to receive the document and then send it by mail.

Is the presence of the husband required to change the marriage certificate?

No no need. You can go to the civil registry office alone with a passport and a receipt for payment of state duty, write an application and receive a duplicate. The presence of both spouses is not required.

How long does it take to change a marriage certificate?

The time frame for replacing a marriage certificate depends on the authority and method of application. If the application is submitted to the civil registry office, you will receive the certificate on the day of application, but if you use the State Services portal or submit an application to the MFC, the period for receiving a duplicate may increase to 1 month.

Features of document recovery in different cases

As you know, it is difficult to fit a certain life situation into some kind of template. Therefore, any business has its own nuances.

Restoring a marriage certificate when parents have died

The list of documents in this situation will be slightly different:

• the passport of a person who is a child of the people whose document he wants to restore,
• statement of your desire,
• death certificates,
• a birth document that confirms the presence of family ties,
• copies of passports of deceased parents,
• inheritance documents (when a marriage certificate is obtained for this purpose),
• paid state duty.

USEFUL INFORMATION: Characteristics for guardianship of a pupil of the middle group. methodological development middle group on the topic

Restoring a marriage certificate in another country or city

For this case you will need:

• Write out a power of attorney from a notary for a person who has permanent residence in the city where the document was originally issued. It is worth clarifying that for this you need to choose a reliable person, because he will have to hand over the entire package of documents to receive a duplicate.
• Appear at the registry office located at your place of residence. Civil registry office employees will submit a request to their colleagues from another city. Then the information is checked, a response is received and a duplicate is issued. This takes a lot of time.

Restoring a marriage certificate when the second spouse has died

If a widow (or widower) wants to restore the certificate, a death certificate is attached to the usual list of documents.

Restoring a marriage certificate if the archive burned down

Article 264 of the Code of Civil Procedure of the Russian Federation establishes the rules in accordance with which one must act if the archive burns down, or the registry office ceases to function for other reasons. First of all, you need to file a claim in court. The application must be accompanied by:

The court will consider the case and make a decision. If it satisfies the applicants' claim, the registration will be resumed, and the spouses will be issued a marriage certificate.

List of replacement costs

To replace your passport you will need to pay a state fee. Its size for 2021 is set as 300 rubles. If the old passport was lost, then the state fee increases to 1,500 rubles. The fact that documents are transferred not to the Ministry of Internal Affairs, but through the MFC does not in any way affect the cost of the passport.

The amount of state duty is specified in the Tax Code and is uniform for the entire territory of the country.

You can take a passport photo yourself at home and for free. But you can also contact a photo studio. The fee for a black and white photo will be up to 200 rubles, for a color photo – up to 300 rubles. The fee for obtaining a notarized power of attorney to represent interests will range from 500-1000 rubles.

In some cases, you must pay a commission to pay the state fee to obtain a passport through a bank. Its size is about 30 rubles.

Reasons for receiving

When is it necessary to obtain a duplicate marriage certificate? This is usually required in the following cases:

• loss of the original;
• damage to a document;
• unreadability of the text;
• smeared printing;
• lamination damage.

If the document is not available for any reason, it is better to apply for a duplicate. After all, the document may be required for many important transactions. The following have the right to receive a copy of the marriage certificate:

• spouses;
• close relatives of the deceased spouse;
• guardians of the spouse in case of his incapacity;
• any person by proxy.

How to get a duplicate marriage certificate? To do this, you need to visit the registry office where the registration took place. You need to take your passport with you, which contains a marriage mark. You can contact another registry office, but then the recovery will take a long time.

Now there are many companies that help restore documents. If you don't have time, you can use their services. The price for such services is 2-5 thousand rubles. But it is important to be careful not to fall for scammers.

When visiting the registry office, you must notify the employees of the need to obtain a duplicate. Some are afraid that a fine will be issued. But this is not required by law; you just have to pay the state fee. You will be asked to write an application. It indicates the passport details of the spouses and the date of marriage registration. The reason for the restoration is also indicated.

What do you need to change your last name in your passport?

The full list of documents that will need to be submitted when replacing a passport is indicated in paragraph 13 of the Decree of the Government of the Russian Federation dated 07/08/1997 N 828.

13. To replace a passport, a citizen submits: an application in the form established by the Ministry of Internal Affairs of the Russian Federation; passport to be replaced; two personal photographs measuring 35 x 45 mm; documents confirming the grounds for replacing the passport specified in paragraph 12 of these Regulations.

Replacement of passport through MFC

Contacting an MFC branch is convenient for several reasons:

• It is in every district of the city.
• A center employee will help you fill out the application and advise you on the necessary documents.
• The queue at the MFC is shorter than at the Ministry of Internal Affairs department.

Attention! The registration procedure will take 5-6 days longer. This time is required for the transfer of a package of documents by MFC employees to the department of the Ministry of Internal Affairs.

To replace your passport at the MFC you must:

1. Select the nearest branch.
2. Come in person with the required list of documents.
3. Pick up your passport at the MFC branch on the appointed day.

Read: How to change your last name in your passport