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.
How is marriage registered in a pre-trial detention center?
What steps should you take:
Find out whether the convicted person has a passport .
In the absence of an identity document, it will not be possible to register a marriage, even if all other mandatory requirements are met.
In such a situation, the painting will have to be delayed until the potential groom is released from the pre-trial detention center or transferred to a colony.
Having received a corresponding application from the convicted person, the colony management is obliged to restore the lost/damaged document. (An answer to a question about a passport can be obtained from the investigator, the head of the pre-trial detention center).
Visit the registry office located closest to the pre-trial detention center.
At the institution you need to take information for paying the state fee and a form for a joint application (form). You need to take several forms at once - to be on the safe side and to prevent a situation when some mistake is made while writing the application and you will have to go back to get the form again.
If there is unreasonable obstruction on the part of employees of the institution, remind them that there is Federal Law No. 143 dated November 15, 1997, obliging the bureaucrats sitting in front of you to register marriages in a pre-trial detention center located in the same area.
If it doesn't work, contact the prosecutor's office.
Find a notary willing to go to the pre-trial detention center twice:
- for obtaining permission to visit this institution (in some pre-trial detention centers they can issue a permission for a notary in your hands, without requiring the personal presence of a specialist) - the permission must indicate that it was issued “to certify the signature of the full name. in the application for marriage registration";
- to be present when the prisoner/s write an application about their desire to marry you and confirm the paper with an official stamp and your own signature.
Having received the application in hand, paid the notary and paid the state fee for the services of the registry office, go to this very institution to fill out your part of the application about the desire to marry such and such.
Then hand over the registration paper and find out the day when you can sign.
If local workers are unwilling to accept the application, remind them that what they are doing is illegal , which will certainly interest the prosecutor’s office.
Two weeks before the “X” date, take an extract from the registry office confirming the fact of filing an application for registration and scheduling the procedure on such and such a date.
With the extract, you seek permission to meet with the convicted fiancé on the day appointed for registration.
To do this, write an application asking for a date on such and such a day for the wedding, your full name and the full name of your future marriage partner. The application along with the extract must be handed over to the judge/investigator or to the expedition - they will tell you where on the spot.
After three days you can call and inquire about the fate of the application.
Just in case, you can once again make an appointment with the head of the special. part or deputy - to make sure that the passport of the convicted groom/bride will be in the detention center at the right time.
Having received permission for a date for marriage, take care of hiring a car for a civil registry office employee, who will take the registrar to the pre-trial detention center and back.
On day “x” you are going to the pre-trial detention center, not forgetting your passport and permission to visit.
The appointed registrar from the registry office calls back to the pre-trial detention center and receives information about the time when you can drive up and receive a pass to visit the pre-trial detention center.
In the car, you accompany the registrar to the detention center, where a government representative will receive a pass for himself and you.
Having entered the territory, go to the designated room for painting in the presence of the registrar and a representative of the pre-trial detention center. At the end of the procedure, the convicted marriage partner is given a corresponding stamp in the marital status column of the passport.
The same stamp will be given to the second marriage partner at the time of passing the checkpoint, since the document will have to be left at the entrance to the pre-trial detention center.
In a rented/own car, you and the registrar travel to your desired destination.
Dismissal after marriage to a convicted person
There are often cases when employees who work in a colony fall in love with prisoners and want to start a family with them. This is allowed, but you will also have to obtain permission from the administration and the head of the correctional institution.
The other day, an employee who works as an assistant to the governor said that she wants to go to prison to see a man with whom she has been corresponding for 2 years.
I was wondering if it would be possible for her to register the relationship. She was also very worried about whether she might be banned from work or fired after the wedding. We explained that there are no restrictions in the law on marrying prisoners. The employer also does not have the right to fire.
Recently they asked whether it was possible to hide from the employer the fact that there was a wedding with a prisoner. If you did not take his last name and did not change his passport, then there is no need to tell everyone about it. Of course, if management makes appropriate requests, then everything will be revealed. Ask for a vacation at your own expense or a weekend, one week will be enough.
Be careful: companies are now checking all relatives for criminal records.
Of course, for this reason the director will not refuse you a job, but will say that you do not have enough skills and experience. No matter how sad it is, no one understands why exactly your spouse is imprisoned, whether the investigation was carried out correctly, and so on. There are a lot of candidates for any job, especially during a crisis, they will always find a replacement for you.
There was recently a story with a woman from the Krasnodar region; she worked in a pension fund. I also decided to marry a man who was serving a sentence in a colony not far from the city. She had only 6 months left before retirement.
As a result, immediately after the wedding, management found out and fired her. Now the pension is 3 times less than it should have been. Think in advance whether you are ready to take such risks.
What is required for registration?
In addition to the existing passports, you need to take care of the following paperwork:
- A statement of desire to register a marriage, accepted at the registry office.
- A receipt confirming payment of the state fee for the wedding procedure.
- An extract from the registry office (to confirm the fact of acceptance of the registration application and indicate the date of day “x”).
- Permission to visit a pre-trial detention center by a notary.
- Permission from the management to register a marriage on the territory of the pre-trial detention center.
- A pass to enter the territory of the pre-trial detention center (issued on the spot).
Required documents
The list of documents that are required to enter into marriage with a person held in a pre-trial detention center is no different from the documents that are provided to the registry office in a normal case, these are:
- personal passports of the spouses;
- if one of the future spouses was previously married, a divorce certificate will be required;
- if one of the spouses died, a death certificate must be submitted;
- receipt for payment of state duty.
It should be borne in mind that failure to submit a complete package of documents will result in refusal to accept the application for marriage. And the registry office employees will be right.
Please note! When concluding a marriage with a prisoner, the civil registry office official is obliged to check whether there are any grounds that prevent its conclusion.
Marriage registration permit: where and how to get it?
The person or body conducting the case of a person convicted/suspected of a crime.
For minors getting married or one of them, written permission for marriage from the parents/guardian and documents confirming the need for marriage (for example, pregnancy of the bride) are required.
Civil registry office employees do not need to submit any permitting documents to accept an application for marriage registration. Provided that there are no factors prohibiting the formalization of relations between two specific persons.
Stipulated state duty
The amount of the state duty is determined by the relevant norm of the Tax Code and is only 350 rubles.
You can pay it in various ways:
- deposit cash at the cash desk of any bank that accepts payment for services, receiving a receipt with a note indicating that funds have been deposited into the account;
- go to the official website of State Services, select the appropriate option and make a payment;
- use Internet banking when paying state fees using a plastic card.
Watch the video. Wedding in a pre-trial detention center:
comparison table
Let's present the differences between registering a marriage in the MLS and outside in the form of a table:
| Peculiarities | In places of detention | As standard |
| Number of guests | No more than two on each side | Unlimited |
| Place of registration | Correctional facility premises | Registry office |
| Notarial services | Wanted | Not required |
| Responsible registry office | It is strictly established and determined by the location of the MLS | Freely selectable |
Legislative regulations
Any legal relationship that involves registration must take place in accordance with legal provisions. Marriage is based on Federal Law No. 143-FZ on acts of civil status. The couple can sign taking into account the norms established in the constituent entities of the Russian Federation, which do not contradict the Family Code.
To carry out the procedure, the absence of:
- another official marriage;
- registration of relations with a close relative;
- belonging to the other half in the form of an adoptive parent, trustee, foster parent;
- recognition of incapacity.
The Federal Law on Civil Status Acts states that certain bodies have the authority to enter into marriage if there is no registry office in the region. The act describes in detail the procedure for carrying it out and who has the right to carry them out. There is nothing regarding the premises; it is important that the performers are officials with authority. An employee of the registry office comes to the correctional institution to carry out the procedure, and the head of this institution allocates a specially equipped room, having previously agreed on all the nuances.
Features of the procedure
The procedure for registering marriage relations can be carried out:
- before trial;
- when the accused is on trial;
- at the end of the trial before being sent to prison or during the period after filing an appeal.
The actions that need to be taken to organize the legalization of communication are practically the same. The only difference is that, depending on the time of the marriage registration procedure, it is necessary to apply for permission to confirm the legality of the marriage from different officials.
Regardless of whether cohabitants wish to sign before the trial, during the trial or after the trial, their actions fall under paragraph 2 of Art. 26 of Law N 143-FZ “On acts of civil status”. The law states that if one of the persons is unable to jointly write statements at the registry office, it is allowed to submit separate applications to enter into an official union.
Consequences
After the wedding ceremony, the convicted person and his spouse are given a longer visit than the standard one.
But no other relaxations in the detention regime are expected.
If one of the spouses has changed their last name, then they need to change all their identification documents.
It is important to remember that having a convicted or convicted spouse can lead to difficulties in some areas of life. In such cases, employment in government services and law enforcement agencies will be denied. Difficulties may also arise when applying for some civilian jobs.
