Marriage certificate from the Civil Registry Office: download form 28 marriage registration certificate, receive the form from another city

Family law > Marriage registration > Certificate from the registry office on marriage registration

In some cases, in order to prove the relationship between spouses, a certificate from the registry office on marriage is required.

All completed acts of civil status must be stored in the archives of the institutions where they were directly issued.

On this basis, upon request, the registry office must issue a certificate confirming the existence of a registered marriage between people, if it was actually registered.

Form 28 is

Certificate of Form No. 28 is a basic and standard document confirming the fact of marriage.
It can be issued for various reasons, depending only on the applicant. The paper is issued on the basis of a journal entry made at the time of official registration of the marriage. The document is issued by the civil registry office after an application in writing.

Citizens may need a certificate of marriage for various reasons. The legislation does not establish a list of grounds on which the registry office has the right to issue a document. Basically, a certificate is taken for:

Evidence of a change of surname after the dissolution of the first marriage (may also be required by the pension fund).
Repeated marriage certificate (the previous one was lost).
To receive social benefits, for example, maternity capital.

To receive an extract, a citizen only needs to fill out an application and collect a list of documents. It should be noted that the reason for which the certificate is requested is indicated in the application.

Help contents

The marriage certificate has a simple form. It includes information about citizens who have entered into official marriage relationships. Among the main points:

paper registration number;
information about the civil registry office;
personal data of persons who entered into marriage;
time of entry into official relations;
information about change of surname;
date of issue of the certificate;
seal and signature of an authorized person.

In 1998, by Decree of the Government of the Russian Federation, certificate form No. 28 was adopted. Since then, no changes have been made to this legislative norm.

A distinctive feature of the official marriage document is its validity period. There is no limit to the time the certificate is valid.

The only nuance noted is when a document can be declared invalid. A citizen presents a wedding certificate, but in fact he and his partner are already divorced.

Where can a marriage certificate from the registry office be required?

As mentioned above, an extract from the registry office will help formalize the inheritance. There are a number of situations when it is necessary to officially confirm a relationship with a particular person, but there is no other way to do this, since the person involved in the case has died and there are no witnesses. By presenting an extract from the registry office to a notary, you can easily enter into a legal inheritance. An example of such a situation is a case where there was a registered marriage in which the woman became pregnant, but without waiting for the birth of the child, the spouses separated. A daughter was born, but her mother enrolled her in her name. The man married several more times, as did the woman. Some time later, the man died and left behind an inheritance. A woman has the right to apply to the registry office to issue a certificate of marriage with her deceased husband, so that her daughter can enter into legal inheritance by right of first priority.

The list of authorities where such a certificate may be required is limited, so there are not many examples of its need. In rare cases, a certificate may be issued if the original certificate is lost. If you need to obtain a document urgently, they issue a certificate 28; to receive a duplicate, you need to wait a month from the date of submission of the application.

Receipt procedure

The procedure for obtaining a certificate is quite simple. You just need to prepare the necessary documents and fill out an application. There are several ways to submit all the paperwork for obtaining a certificate:

Visit the registry office in person.
Send the application and documents by mail.
Through MFC.
Use the government services portal.

Important! To obtain a certificate, you need to contact exactly the registry office office where the marriage was registered. If it is not possible to visit a government agency, you can send an application remotely to another city.

If the certificate was refused, you can file a complaint with the civil registry office. Then a negative answer will be commented.

One of the stages in the preparation of any document is the collection of papers confirming the right to receive it. The list may vary depending on the purpose and subject of the reference. To obtain a marriage certificate, you must provide the following information:

applicant's passport;
receipt of payment of state duty, the cost of which is 200 rubles;
document confirming the blood relationship with the deceased;
power of attorney, certified by a notary, for the right to receive a certificate (if another person receives it)
directly an application completed in writing.

All documents must be current and reliable. Otherwise, the provision of the certificate will be refused.

The law establishes a list of persons who have the right to request a marriage certificate in form 28. The list is exhaustive. This is due to the fact that the document is of a personal and confidential nature. It can be issued:

Husband or wife (including ex).
The closest relative of a citizen who was related by marriage.
An official representative of an incapacitated person: a guardian or trustee.
An authorized person, whose status must be documented by a notary.

The circle of people is really small. If you rely on legal norms, then such a restriction is associated with the law on the protection of personal data.

What is needed to obtain a certificate?

Where can I get a certificate of marital status?

To obtain the necessary confirmation of marriage, a person must contact the civil registration department of the city and region where the marriage was registered. If you are in another region, the procedure may take a little longer for you. You can contact the regional registry office department, they in turn will contact the registry office where the marriage was registered. If there is a corresponding entry in the Register Book, then you will be issued a conclusion in the form of a certificate in Form 28. It is sent to the address of the registry office where you applied, and the employees of this institution will contact you. It will be much easier and faster if you go in person to the registry office where the document was registered. Receiving the document will not take more than a week.

The basis for obtaining a certificate in Form 28 is an application. Form 28 of the Civil Registry Office has a certain structure and provides a sample for filling out an application to obtain an extract. You can also send your application by regular mail or email. Recently, a government services website has been operating in the country. There, you can fill out a ready-made application form for a certificate without leaving your own apartment. Your application is being considered as usual. The answer will be sent by email or government agency employees will contact you by telephone.

A request for an extract will only be taken into account if you present your citizen's passport. If a person is married, there is a corresponding stamp on one of the pages of his passport, which indicates his marital status. The number under which the marriage was registered is indicated there.

If a lawyer acts on behalf of the applicant, he must present his passport and a power of attorney document, which contains a notarized signature of the citizen appearing in the certificate of conferring certain powers on the official. If an extract is necessary to receive and register an inheritance, then the person, in addition to a passport, must present documents that confirm his relationship with those involved in the certificate, as well as justify the reasons forcing him to request a certificate.

It should be noted that the registry office issues a certificate form 28 only after payment of the state fee, a receipt for which must be attached to the application. You can find details for paying the state fee on the MFC website or ask the registry office staff.

Filling out an application

An application for a certificate is one of the main documents required by civil registry office employees. As a rule, it is filled out in writing by hand, in legible handwriting, and block letters. If submitted remotely, you can enter information on a computer. However, you still need to sign by hand.

An application for a marriage certificate must contain the following information:

The name of the civil registry office where the wedding took place. Serves as an appeal to the opposite side. Indicated in full form. The address of the government agency is also indicated.
Personal details of the applicant. Full name, passport, date of birth, place of residence.
Full name of the spouses. If after a divorce one of the partners changed their last name, then the one that was at the time of registration of the marriage is indicated.
The name of the registry office is again indicated to indicate exactly where the marriage took place.
The date of marriage registration, also the deed number.
The information for which the certificate is required is written down.
Date, signature, transcript of the applicant.

An example of a completed application is presented below:

A blank certificate form No. 28 looks like this:

Various situations

As we wrote above, newlyweds choose any registry office, just find out the opening hours and address in advance.

5 times we were asked what the difference is between a registry office and a wedding palace. The registry office registers marriages, divorces, and births of children. But the wedding palace deals only with weddings; it has a special hall for celebrations, places for guests, and good musical equipment.

If you visit in person, you will have to wait in line, especially if you are submitting documents in the summer. In addition, you need to call the registry office in advance to find out when they accept the application.

A common situation is that the groom cannot come to the registry office with the bride to submit documents. This happens when a man goes on a business trip, serves in military service, is in another country, or is serving a sentence in prison.

The bride can submit documents alone; to do this, the groom goes to a notary and has the application certified. It is then given or mailed to the bride. At the same time, the girl fills out a second application with her data.

After both steps are completed, go to the registry office. If the groom is seriously ill or is in the hospital, then call a notary to see him at the hospital or at home.

If the bride or groom is a citizen of another state, then have the application certified at the consulate.

During pregnancy

If the bride is pregnant, the registry office staff will register the relationship even on the same day. You just need to bring with you a certificate from the antenatal clinic, which will confirm this fact. The document states:

the name of the hospital where the girl was examined;
passport information of the bride;
gestational age in weeks;
date of receipt of the certificate;
information about the doctor who conducted the examination;
stamp with signature;

The certificate is issued on a special form so that it cannot be falsified. If the pregnancy is short, 2-4 weeks, then you will have to wait 1 month. But this is not certain, it all depends on the date when you apply to the registry office. But if the girl is already 5-9 months old, then the wedding will be allowed to take place as quickly as possible.

Remote application submission

Today, the application and paperwork procedure has been significantly simplified. This can be done without leaving home, or right at work, regardless of what area or city you are currently in. All that remains is to choose the following remote method:

sending a letter by Russian Post;
government services portal;
MFC.

It should be noted that the document processing time increases. The certificate will be ready within 30 days. In this way, the paper is issued longer than a traditional visit to the registry office. There, the certificate is issued in one day.

MFCs or multifunctional centers have become very popular. This is an organization that provides almost any information. All you have to do is hand over the documents. The employee will fill out an application where you need to leave your signature and date. Within a month you will receive an answer about what time you can pick up the certificate.

Electronic application

Moscow registry offices provide a service for electronic date booking. This method is suitable for those who do not want to stand in lines or spend the night waiting outside the registry office doors. To do this, go to the website, select a date and receive a coupon. Then print the ticket and come with your application at the appointed time.

This coupon cannot be transferred to other people, as it is issued using passport details. You immediately see what free numbers are available. If you fail to arrive at the required time, then the reservation is canceled and you will have to complete the procedure again.

Statistics on available dates are available on the Moscow government website. First, select the registry office and date, then click the button to view the calendar. In the image below we show how to do this.

After this, a calendar will open on which you can mark the desired date.

Applying through government services

Today, the electronic application filing system is very developed. The government services portal is actively used for this purpose. Step-by-step instructions on how to submit an application to the registry office:

To carry out all kinds of operations, you must register. The site provides a fairly simple registration form that anyone can go through.
Confirmation of the specified passport data. As a rule, it occurs through a message with a certain code on a mobile phone.
Entering the received code provides the right to use the site's services.
Select the service you need.
Filling out an application electronically.
Next, choose a method to obtain a certificate. The options are as follows: mail or personal visit to the registry office.
A message will await you in your personal account when you can pick up the certificate.

Proof of absence of marriage

There are a number of situations in which a person needs official confirmation that he is not related by marriage. This document can also be obtained from the registry office. Moments when citizens need a certificate:

When marrying a foreign person on the territory of another state.
In the process of acquiring a share in an LLC.
In situations where a person, on the contrary, donates, sells or leaves his share in the LLC as collateral.
Conducting civil transactions with property: movable and immovable.
As one of the documents in the process of obtaining social benefits for single mothers or during pregnancy.

In this case, the certificate is issued in form No. 35. Otherwise it is called “certificate of marital status.” Sample document confirming the absence of a marriage union:

Thus, a certificate from the registry office on marriage is issued to an exhaustive circle of persons. The grounds for issuing the document depend solely on the goals of the applicant. You just need to collect a package of papers, pay a fee and take a certificate.

Fictitious marriage

A fictitious marriage is a union between a man and a woman, concluded in order to achieve a certain benefit without the desire to create a full-fledged family. Most often, this option is used to quickly obtain benefits, for example, to simplify obtaining a residence permit.

However, there are often situations when one of the spouses sincerely believes in the feelings of the other and wants to start a family, but the second uses him for his own selfish purposes. As a rule, having received what he wanted, the unscrupulous spouse either ceases to be interested in family affairs or abandons it. At the same time, you may not bother to file for divorce. In both cases, the marriage can be declared invalid if it can be proven to be fictitious.

Article. Law

The main body of laws covering the issues of recognizing a marriage as fictitious and the rights and consequences arising in connection with this is the Family Code of the Russian Federation. So, in accordance with paragraph 1 of Art. 27 of the RF IC, a fictitious marriage in which both spouses or one of them did not intend to start a family is declared invalid. However, in accordance with paragraph 2 of the same article, only a court can declare such a marriage invalid. Such a statement encourages the interested party to file a claim to assert their rights.

In accordance with paragraph. 5 p. 1 art. 28 of the RF IC An application for recognition of a marriage as fictitious can only be filed by the injured party (a bona fide spouse), or by the prosecutor if he has appropriate suspicions. Other persons, for example, relatives of a conscientious spouse, his friends or neighbors, do not have the right to file a claim. They can submit an application to the prosecutor's office to check such a marriage, but it is not a fact that it will be initiated unless there are compelling reasons.

According to Art. 30 of the RF IC, a marriage declared invalid due to fictitiousness. does not create in spouses the rights and responsibilities that a real marriage would create. In accordance with Art. Art. 89-90 of the RF IC, an unscrupulous spouse does not have the opportunity to collect alimony in his own favor.

Grounds and conditions for recognizing fictitiousness

The basis for recognizing a marriage as fictitious is a violation of the provisions of the Family Code. At the same time, it is important to collect irrefutable evidence that the marriage is fictitious, and not created for convenience (such is not condemned by Russian laws, and therefore cannot be declared invalid). Collecting such evidence is difficult.

A number of grounds are recognized by almost all courts:

Documentary evidence that a conscientious spouse is incapacitated. There are known cases when foreign citizens married or married such people in order to more easily obtain citizenship.
A statement of claim by a spouse in which he claims that the marriage was fictitious or forced.
Marriage is concluded between close relatives for the purpose of material gain.
A foreign citizen married to a citizen of the Russian Federation has a spouse at home, which was not reported.
Marriage was concluded for the purpose of receiving certain benefits, allowances, and one-time payments.

In all cases, it is important to try to prove that the dishonest spouse had no intention of starting a family and acted solely for the purpose of obtaining his own benefit. There are different options here. For example, evidence may be the fact of the absence of common children, provided that both spouses are not infertile.

The testimony of a witness that the fraudster did not take care of his family and refused to run a joint household may also be taken into account. The proof may be a contract for the provision of services with a marriage agency, although this rarely happens. If the fraudster’s actions caused significant material damage (for example, in the event of a divorce, he received half of the property) and the injured party received mental trauma. then one of the evidence may be the conclusion of a psychiatrist.

The following may also be considered in court:

audio recordings of conversations;
video recordings;
personal correspondence. including in instant messengers and social networks.

There are many options for the evidence base, but it is difficult for an ignorant person, and even in shock from deception, to figure out which direction to move. This is why competent legal assistance at the stage of collecting evidence is so important.

Consequences. Fine. Why is it dangerous?

For the spouses themselves, as a rule, the consequences of a fictitious marriage are not particularly dangerous. Exceptions are cases when it is possible to prove that such a fictitious registration of marriage was only the initial link, which entailed serious crimes. In this case, the punishment can be up to imprisonment. however, in Russia such cases are extremely rare. There are no fines for such actions. There were attempts to make appropriate amendments to the legislation, but they were unsuccessful.

Other consequences may vary and depend on the intention of the spouse or spouses:

Recognition of a registered marriage as invalid. There are practically no consequences; the parties do not have any rights or obligations. A stamp appears in the passport containing information about the mistaken marriage.
Deprivation of Russian citizenship if it is proven that it was acquired by a foreign citizen through a fictitious marriage. In the future, obtaining citizenship, even legally, will be problematic.
Recognition of a marriage contract, if it was concluded between the parties, as invalid. In this case, all its provisions become invalid.

In addition, if only one party to the marriage had selfish motives, and the other did not know anything about it, then the injured spouse has the right to demand payment of monetary compensation through the court. Moreover, if the plaintiff can provide convincing evidence and the damage caused to him, including moral damage, is considered significant, then the amount of monetary payments can reach several hundred thousand rubles. Such cases have already occurred in judicial practice.

In some situations, if any monetary payment or benefit was obtained through a fictitious marriage, the consequences may be more severe, including criminal punishment. Therefore, it is important to hire an attorney who can provide good faith to the plaintiff and get the marriage declared null and void. Often the defendant tries to prove that the marriage was not fictitious, and therefore it is difficult to predict what the outcome of the case will be without legal assistance.

If there are children

If the spouses had no intention of starting a family, entered into marriage to achieve certain benefits, but managed to have a child, then the marriage cannot be considered fictitious. Even if the interested party is able to collect good evidence and submits a statement of claim according to all the rules, the court will not consider the statement. It will be possible to get a divorce, but on grounds common to all, with consequences in the form of emerging rights and obligations.

A child born within 300 days after the marriage is declared fictitious receives the same rights as if he was born into a real family. In this case, the court decision will not be canceled; the marriage will remain annulled due to its fictitiousness. The procedure for paying alimony and the place of further residence of the child are determined by the court in accordance with the legislation in force in the country.

How to terminate and invalidate

To recognize a marriage as fictitious and, therefore, invalid, you need to contact a city or district court with a prepared package of documents. There is no other way to solve this problem, in accordance with Russian legislation.

Before submitting documents, you should consult with a lawyer about the existing grounds and how to prove them. It also wouldn’t hurt to get help in drawing up a statement of claim and find out which documents will be required in any case.

The statement of claim is written in compliance with the norms and rules prescribed by the Code of Civil Procedure of the Russian Federation. It can be created on a computer and then printed or written by hand. The main thing is that it contains the following information:

The name and location of the court in which the claim is filed.
Last name, first name of the plaintiff and defendant, their places of residence, if possible - telephone numbers.
Detailed description of the circumstances. When, with whom and in what place was the marriage concluded. Do you have any children together? How was it revealed that the spouse did not have the goal of creating a family, but was pursuing personal benefits.
Legislative acts, paragraphs and articles are indicated that can confirm the existence of grounds for recognizing the marriage as fictitious and the legitimacy of the plaintiff’s claims.
The essence of the claim is indicated: to recognize the marriage as invalid on the basis of its fictitiousness. The plaintiff can immediately indicate a demand to recover compensation payments from the dishonest spouse in the desired amount. The requirements must be confirmed by references to the relevant laws of the Russian Federation.

The final part of the statement of claim specifies the documents attached to it. This list will require the applicant’s passport, the original marriage certificate, three copies of the statement of claim and a receipt confirming payment of the state fee. In accordance with paragraph 1 of Art. 333.19 of the Tax Code of the Russian Federation, the amount of state duty as of 2021 is 300 rubles. It also lists the evidence attached to the statement of claim.

The claim is completed by indicating the date of its preparation and the signature of the plaintiff. At the same time, it is important that the document does not have blots, corrections, strikeouts, or expressions of personal grievances and emotions. The language contained in it must not be interpreted ambiguously, and references to the legislative framework must be correct. If you have never drawn up statements of claim, it is better to entrust this work to a lawyer.

A statement of claim to recognize a marriage as fictitious and invalid is filed at the defendant’s place of residence in a district or city court. In exceptional cases, the document may be sent to the district or city court at the plaintiff’s place of residence. Such grounds may be that the plaintiff has a minor child or a serious health condition that prevents him from traveling to another city to participate in the trial. It is advisable to write a petition to the court to consider the application at the plaintiff’s place of residence, and to justify the request, attach a medical report on the state of health or the child’s birth certificate.

If the statement of claim is drawn up correctly and the necessary documents are attached, a date for the first trial will be set. The plaintiff needs to appear, preferably with a hired lawyer, so there is a greater chance of winning the case. It is important to attend all proceedings and be prepared to give the necessary explanations and provide the documents and evidence required by the court.

There is no point in hoping that everything will go quickly and without delays. Recognizing the invalidity of a marriage on the basis of its fictitiousness is one of the most difficult processes, which can take several months. Most likely you will have to spend six months or more. The proceedings may become more complicated if the defendant files a counterclaim in which he tries to prove that both parties acted solely for selfish reasons. Therefore, the help of a lawyer is also important here, who will make the right decision to act against such surprises.

It's hard to say what the outcome will be. If the court recognizes the marriage as fictitious and invalid, then within three days from the date of the decision, an extract from it will be sent to the registry office. The marriage itself will be considered invalid from the moment of its conclusion, which will be confirmed by a stamp in the passport. The spouses will not have any rights or obligations during a fictitious marriage, but various negative consequences are possible, including criminal punishment. This depends on the ultimate goals of the citizens who entered into a fictitious marriage.