The only legal document that confirms the fact of marriage between certain people is a certificate of registration of relations. The original of this document is usually kept in the family throughout the entire period of married life. There are a number of situations when you urgently need to present a certificate, but it is not there, since the person is in another city, then a certificate from the registry office about marriage will help solve the problem. This document may be required when registering an inheritance from relatives, when confirming kinship with a particular person.
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.
Circle of persons entitled to request
The certificate is issued upon request of the following persons:
- spouse who was previously or at the time of issue of the document was married
- to a close relative of the deceased person who was married
- guardian of an incapacitated person or his trustee
- to an authorized person, provided that the principal's signature is certified by a notary
From the foregoing, we can conclude that the circle of persons who have the right to request a certificate is quite narrow, which is explained by the nature of the information contained in it, classified by law as “personal”.
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.
Applicability
The only legal confirmation of the fact of marriage for living and actually married or divorced people is a certificate of marriage or divorce.
It is logical to assume that a marriage certificate can only really be applied to deceased people to confirm:
- a certain legal fact, for example, when considering claims to establish the fact of family relations;
- the fact of family relations when registering an inheritance case with a notary.
As for living people, they can use certificates of the type in question only to the extent permitted by the body to which the certificate is provided.
As a rule, any state or non-state body authorized to resolve certain issues taking into account the fact that a citizen is married or the fact of divorce will require the provision of not a certificate, but a corresponding certificate.
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.
How to get
The application for a certificate also has a unified form. This means that the application form, Form No. 26, will need to be either downloaded on the Internet or received directly from the registry office.
The completed form can be submitted to the registry office in three ways:
- take the application to the registry office or to the registry office archive;
- submit an application through the territorial multifunctional center:
- through the State Services portal after completing a simple registration procedure;
- Send the completed application form to the registry office by registered mail.
The method of sending largely depends on who is requesting the certificate.
Only the spouse, that is, the person who directly entered into the marriage for which the certificate is being requested, has the unconditional right to receive a certificate.
This category of citizens can safely send an application by mail, provided that a notarized copy of the passport is attached to the application.
In addition to the spouses themselves, the following have the right to receive certificates:
- close relatives included in the category of heirs by law when registering inheritance cases;
- guardians and trustees of legally incompetent persons entering into marriage;
- authorized persons under notarized powers of attorney.
Since the right of these persons to receive certificates needs to be verified, most likely there is no point in sending an application by mail. You will have to appear in person either at the MFC or at the registry office. When submitting an application, you will need to present documents confirming your right to receive a certificate. The following can be used as supporting documents:
- passport;
- birth certificate or court decision establishing paternity;
- death certificate of the person in respect of whom the certificate is requested, or a court decision declaring him dead or missing;
- decision on establishing guardianship;
- documents on change of surname (first name, patronymic);
- power of attorney certified by a notary (if the certificate is received by an authorized person);
- other documents confirming the fact of family relationships.
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:
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.
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.
Receipt
The period for issuing a certificate is approximately one month. If an application is submitted through the MFC, the period is extended by several days, equal to the time the application is sent from the MFC to the registry office.
When sending a request through the State Services portal, up to 16 days may be added to the period for issuing the certificate for registration of the application, although usually the registration procedure is much faster.
You can receive the certificate in person at the civil registry office (archive) or by mail, if this option was provided in the application.
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.
