Obstacles to marriage: why marriage registration may be denied

Citizens of Russia can voluntarily create families by officially registering their marriage with the civil registry office. To conduct a wedding ceremony, lovers need to write a personal statement and submit it to the registry office employee for consideration.

If no grounds are identified for refusing to register the marriage, the wedding will take place. However, for a number of reasons provided for by the legislative system of the Russian Federation, young people may be denied registration, which will not allow the couple to legitimize their relationship and become an officially recognized family.

In the article we will consider on what legal grounds a marriage can be denied and where to file an appeal.

Legal grounds for refusal to register a marriage

The legal grounds for refusal to register a marriage are set out in Article 14 of the Family Code of the Russian Federation.

Reasons for refusal to register a marriage:

A valid legal marriage. Polygamy is prohibited in Russia. To enter into a new marriage, the previous one must be officially dissolved. When submitting an application to the registry office, a person remarrying must provide a certificate of divorce or death of the former spouse.
Close relationship between the bride and groom. In the Russian Federation, marriages between close blood relatives - children and parents, brothers and sisters, nieces and uncles, aunts and nephews, grandmothers and grandchildren are prohibited. Adoptive parents and adopted brides and grooms cannot enter into official marriage. The exception is adopted children living in the same family, but not having a blood relationship, as well as adopted and natural children raised by common parents.
A marriage cannot be concluded if the bride or groom is declared incompetent by a court due to mental disorders. The main reason for refusal in this case is a formal legal one, which determines the inability of a person to bear responsibility for his decision. Refusal to register a marriage may also be justified by medical and genetic risks associated with the possibility of hereditary transmission of mental illness to children who may appear in the family.

Why may the application not be accepted?

We will not consider trivial reasons why a couple will not be married, such as a disorder with documents, not reaching marriageable age, lack of permits for registering a marriage between persons under marriageable age or legalized documents required for foreign citizens who want to sign in the territory RF.

We will talk about legally defined reasons why a marriage cannot be registered at all. The reasons for refusal to register a marriage at the registry office are based on the prohibitive provisions of Art. 14 of the Family Code of the Russian Federation<.>

Circumstances preventing marriage:

the presence of the bride or groom in an undissolved marriage. Since a monogamous union is recognized as legal in the Russian Federation, a new relationship can be legalized only after an officially registered divorce;
intention of close relatives to marry. From a medical point of view, unions between any blood relatives are highly undesirable, however, the law only prevents official relationships between parents and children, grandparents and grandchildren, siblings and half-siblings;
desire to sign the adoptive parent and the adopted child. Although such persons are not relatives, from an ethical point of view, unions between them are considered unacceptable;
desire to register a marriage with an incapacitated person. Moreover, the legislator has clearly defined what cause of incapacity is a clear obstacle to painting; this is a mental disorder. Obviously, such a citizen cannot fully account for his actions. Based on the fact that marriage is a voluntary union of a man and a woman, a mentally ill person cannot be aware of his will and the consequences of his decisions.

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Reasons we don't know about

Although it is not directly provided for in the RF IC, however, one more circumstance follows from the norms of the Code of Criminal Procedure of the Russian Federation, which may lead to a refusal to register a marriage - registration of family relations with a person under investigation can only be concluded with the permission of the investigative body, prosecutor or court . The restriction applies due to the fact that it is impossible to unambiguously assess the extent to which such actions may interfere with the progress of investigative measures and the establishment of the truth in a particular criminal case. At the same time, a marriage with a person against whom a court conviction has already entered into legal force can be registered without any restrictions.

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In addition, a refusal from the registry office can be obtained at the request of law enforcement agencies, even to persons who are clean before the law at the moment. Thus, the police or prosecutor's office may prohibit officials from registering a marriage between specific citizens if there are compelling reasons, such as information about an impending crime. Such situations occur among marriage swindlers.

What other reasons could there be?

There are other reasons why a couple of lovers may be denied official registration of marriage.

Other reasons for refusal:

One of the spouses is in prison. To create a family with a prisoner, it is necessary to obtain official permission to register the marriage from the investigative authorities.
There is information or suspicion of criminal conspiracy between the couple applying for registration, or there is reason to believe that the bride and groom are marriage swindlers.
If the couple did not provide the registry office with all the necessary documents for registering the marriage or incorrectly indicated personal information in the application, errors in the passport data and other inaccuracies were identified.

A refusal to carry out the marriage registration procedure is issued by an authorized civil registry office employee in writing. The document is certified by a seal and signature. We also suggest that you familiarize yourself with the conditions and procedure for marriage in Russia.

Law, theory and concept of law

Marriage registration is carried out in any registry office in the territory of the Russian Federation at the choice of the persons entering into marriage . The basis for marriage is a joint application of the persons entering In this case, a day is set for the marriage registration ceremony. If anyone entering into marriage is unable to appear at the registry office to submit an application, the basis for marriage will be the submission of separate applications by one of the persons entering into marriage, and the signature of the absent applicant must be notarized. Marriage registration is carried out only in the personal presence of the persons entering into marriage , i.e. registration of marriage in the absence of one of the parties is unacceptable . The marriage is concluded after a month from the date of submission of the application to registry office by the persons entering into marriage . Establishing a one-month period for registering a marriage has the following goals: to give those entering into marriage a certain time to check the seriousness of their intentions to become husband and wife; provide an opportunity for any interested persons to declare the presence of obstacles to registering a marriage between specific persons; give time to the registry office to verify the accuracy of the applicants’ information.

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for marriage and other circumstances. If the registry office increases the established period from the date of filing the application to the day of state registration, no more than 2 months should pass. The marriage is registered . on a predetermined day; in the premises of the registry office; in a solemn atmosphere;

Answer:

To affix an apostille stamp on original documents on state registration of acts of civil status (certificates and certificates of the established form), issued by the civil registry office of Kabardino-Balkaria, you must contact the Civil Registry Office of Kabardino-Balkaria at the address: Nalchik, st. Tolstoy, 180-a, 2nd floor.

Answer: To request personal documents from the territory of Latvia, as well as Lithuania and Estonia, citizens should contact the Consular Department of the Russian Ministry of Foreign Affairs. The civil registry office provides only advisory assistance in this matter. The address of the Consular Department is Moscow, 1st Neopalimovsky Lane, building 12.

Question: To get married in Germany, they required a certificate stating that I am not married (I have a residence permit in the city of Bikin, I am a citizen of the Russian Federation). Please tell me where to go to get a certificate? Answer: The marital status of a citizen of the Russian Federation is established by an identification document - a passport of a citizen of the Russian Federation, in which the law provides for the “Marital Status” page for making notes on registration and divorce. In accordance with paragraph 3.1 of Article 9 of the Federal Law of the Russian Federation dated November 15, 1997. No. 143-FZ “On Acts of Civil Status” (as amended by Federal Law No. 183-FZ of November 12, 2012) from February 13, 2013, “at his request, an unmarried person may be issued a document confirming the absence of state registration marriage of the applicant” in the manner prescribed by law. This certificate is issued by the civil registry office at the applicant’s place of residence. That is, a citizen must contact the civil registry office of the city of Bikin to obtain this certificate. According to Article 333.26 of the Tax Code of the Russian Federation, for the issuance of certificates from the archives of civil registry offices to individuals, a state fee of 200 rubles is charged. in the prescribed manner.

Question: In what language is the wedding ritual performed and a marriage certificate issued if one of the parties to the marriage is a foreigner? Answer: The ritual is carried out in the state language of the Russian Federation, Russian, and the marriage certificate is also issued in Russian. If a foreign citizen does not speak Russian, those getting married must ensure that a licensed translator is present at the wedding ceremony.

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What to do if they don’t want to sign

A couple who has been refused marriage registration can appeal the decision in pre-trial or judicial proceedings.

The first option involves a personal appeal by the newlyweds to the head of the registry office to review the application for marriage registration.

If in this case the couple is refused, they can file an application with the court, indicating personal arguments justifying the young couple’s disagreement with the decision of the competent authorities. The judge will consider the case and, based on the laws of the Family Code of the Russian Federation and legal norms, will make a fair decision in accordance with the legislative acts of the country.

As practice shows, the registry office refuses to register a marriage only if there are good reasons provided for by the laws of the Family Code, therefore cases appealing a decision to refuse registration are extremely rarely referred to the court.

The most common reasons for refusal to accept documents for marriage registration

Documents are an important and integral part of the life of every citizen. If the registry office does not accept the application, then most likely there are some problems with the documents. They will probably tell you which ones on the spot, but it is best to know about them in advance.

The young are too young . If your documents do not indicate that you are already over 18, you can quite expect that when you submit your application, you will simply be shown the door. The only exceptions are some points prescribed by law, when the age of a couple can be reduced to a maximum of 14 years. But usually this is done in court.
There are no documents that are needed for foreign persons wishing to register relations on the territory of Russia.
For some reason, young people do not have identification documents In this case, they need to be restored and only then go to the registry office.

Basic statuses that will not allow you to register a marriage

Why might they not accept an application for marriage registration? There are some delicate reasons that you absolutely need to know about. Some unions, by definition, cannot be registered, because... Let's figure out who exactly will not be given the opportunity to go to the registry office under Mendelssohn's march as a couple.

For those who are not officially divorced . Well, it is impossible on the territory of Russia to be officially married to several men or women. Sorry, not the right country.
Close relatives . The reasons here are clear, and they are not only ethical, but also relate to the possible appearance of children. Remember the genetic diseases of the pharaohs of Ancient Egypt, and you will understand why such marriages are not approved by the state.
For adoptive parents and adopted children . In relation to such couples, the law may seem unfair, since such couples are not blood relatives, but, nevertheless, from the point of view of ethics and documents, they are relatives. Therefore, first you need to change your status.
It is impossible to marry an incompetent citizen . More precisely, with those who are declared incompetent due to mental illness. The reason is clear - marriage is carried out by mutual consent of the parties, who are aware of their actions, but here only one party can be aware of their actions.