Marriage is an important event in the life of every person. All b O Marriages between citizens of different states have recently become more widespread. Persons entering into such marriages strive to please each other in observing all national traditions and customs of this sacred rite, often ignoring no less significant norms of the law. But their observance plays a decisive role in the aspect of the validity of the marriage. This note is devoted to the legal aspect of marriage by persons with different citizenship on the territory of the Russian Federation.

In accordance with the Family Code of the Russian Federation, the form and procedure for concluding a marriage on the territory of the Russian Federation, regardless of the citizenship of persons wishing to marry, are determined by the legislation of the Russian Federation. It means that marriage must be entered into at the civil registry offices(hereinafter referred to as the registry offices) in the personal presence of the persons entering into marriage. Therefore, a marriage concluded according to any religious rite will not have legal force on the territory of the Russian Federation.

In addition, it is necessary to comply with the conditions of marriage. For each of the persons entering into marriage, these conditions are determined by the legislation of the state of which the person is a citizen at the time of marriage. If a person has citizenship of several foreign states, then the conditions are determined by the legislation of one of these states at the choice of this person. If a person is also a citizen of the Russian Federation, then the rules established specifically by Russian legislation apply to the conditions for concluding a marriage: voluntary mutual consent of a man and woman entering into marriage, and their achievement of marriageable age. It is simply necessary to pay special attention to the conditions of marriage for its validity., because often these conditions in different states differ from each other. For example, in India, parental consent is required for marriage, in France, as a general rule, a man can marry from the age of 18, and a woman from the age of 15.

It is also important to remember that according to Art. 14 of the Family Code of the Russian Federation on the territory of the Russian Federation, marriage is not allowed between:

• persons of whom at least one person is already in another registered marriage (this circumstance is especially necessary to check in case of registration of a marriage with a citizen of a country where polygamous marriages are allowed: for example, Yemen, Egypt, Jordan, Algeria, Syria);
• close relatives (parents and children, grandfather, grandmother and grandchildren, full and half-blooded (having a common father or mother) brothers and sisters);
• adoptive parents and adopted children;
• persons, of which at least one person has been recognized by the court as incapable due to a mental disorder.

It is worth noting that attempts to avoid the restrictions established by Art. 14 of the Family Code of the Russian Federation, by entering into a marriage in the territory of a foreign state, may lead to undesirable consequences. So, for example, entering into a polygamous marriage with a foreign citizen on the territory of a state where such a marriage is allowed will lead to the fact that this marriage will not be recognized, and, accordingly, will not have legal force on the territory of the Russian Federation with all the ensuing consequences.

To get married on the territory of the Russian Federation, in particular, you must provide the following documents:

• joint application for marriage (in certain cases, separate applications may be submitted);
• documents proving the identity of those entering into marriage (for example, a passport);
• a document confirming the termination of a previous marriage, if the person was previously married;
• certificates from the place of residence of a foreign citizen and documents confirming the absence of obstacles to marriage (for example, for a German citizen a certificate of marital capacity (Ehefähigkeitszeugnis) is required, issued by the competent registry office (Standesamt) at the place of his permanent residence, and confirming the absence of obstacles to marriage under German law);
• in certain cases, permission to marry before marriageable age is required.

All the above documents must be translated into Russian; translation must be certified(usually by a notary). In addition, in certain cases, certified translations of documents must be apostilled (for example, if a person is a citizen of France, Germany, Finland, Estonia, Poland), or these translations must undergo consular legalization. Apostille and consular legalization is not required for documents received in particular from Belarus, Ukraine.

In the event that the future spouses or one of the spouses are citizens of another country.

First, let's consider those cases when marriage registration on the territory of the Russian Federation is not allowed. So in the territory of the Russian Federation it is impossible to conclude a marriage

• between persons, one of whom is already married;
• between relatives in a direct and descending line (these are parents and children, grandfathers, grandmothers and grandchildren), full and half relatives who have a common father or mother;
• between adoptive parents and adopted children;
• between persons when at least one of them is incapacitated due to a mental disorder.

Secondly, we note that the procedure for concluding a marriage on the territory of the Russian Federation is determined on the basis of the Family Code of the Russian Federation.

Here are some of the most important provisions of this law to be aware of when getting married:

1. The procedure for entering into marriage is regulated on the basis of Russian law, even if both future spouses are citizens of another country. And, therefore, all the norms of the family legislation of the Russian Federation are applicable to them.
2. Marriages in the territory of the Russian Federation are considered registered if they are concluded in the registry office. Therefore, marriages concluded according to religious rites have no legal force.
3. There is a certain list of documents that must be provided for marriage. These are, first of all, documents proving the identity of those entering into marriage (for example, a passport), as well as certificates from the place of residence of a foreign citizen and documents confirming the absence of obstacles to marriage.

Note that all documents submitted to the registry office must be translated into Russian and legalized (have an apostille) . The correctness of the translation in this case is confirmed at the consulate or embassy of the country of which the person entering into marriage is a citizen. Also, the accuracy of the translation can be certified by a notary or the Ministry of Foreign Affairs.

If one or both of the persons entering into a marriage have already been married, then it is necessary to provide certificate of termination of the previous union, translated and certified as described in the previous paragraph.

It is worth saying that Russia signed the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993 (within the CIS). According to this Convention, documents that are produced and certified in the territory of one of these countries do not require additional legalization (certification) in the territory of another. In this case, you will only need a notarized translation of the required documents.

It is also worth noting that in the country of which your future spouse is a citizen, there may be restrictions on marrying a foreigner. Most often, military personnel, carriers of state secrets, and convicts are subject to such restrictions. There are options for religious restrictions as well. If there are any of the above restrictions, a marriage can be concluded on the territory of Russia, according to the legislation of the Russian Federation, but it will not be recognized in another country.

In Russia, one of the future spouses can apply for marriage if he has the written will of the other. Such a statement must be translated into Russian and notarized.

Article 156 of the Family Code of the Russian Federation establishes the following rules:

• If the persons entering into marriage are citizens of foreign states, then the norms of the legislation of the state of which they are citizens apply to each of them.
• If one of the persons entering into marriage is a citizen of the Russian Federation, then the legislation of the Russian Federation shall apply to the marriage procedure.
• If the couple having multiple citizenships, they have the right to choose which country's legislation will apply.

You will need

• - statement;
• - passports;
• - documents on termination of marriage, if one of the applicants was married before;
• - receipt of payment of state duty in the amount of 200 rubles.

Instruction

Legalization is the confirmation of the authenticity of documents by the authorities of a foreign state. For the countries of the Hague Convention, this is the affixing of the apostille stamp. For other countries legalization of documents is carried out by the Ministry of Foreign Affairs of the Russian Federation.

After collecting all the documents, take them to the registry office. In Moscow marriage and with foreign citizens are registered at the Palace marriage combinations number 4. You may be asked to provide additional information. It all depends on which country the future spouse is a citizen of.

Remember that in order to conclude marriage and in Russia, your future spouse (s) must (on) be in Russia, have a valid visa and registration at the place of residence.

The next step is to submit a joint application. In it, you will have to confirm mutual voluntary consent to conclude a marriage union and that there are no reasons preventing marriage y. In the application, you will need to indicate the name, surname, patronymic, date and place of birth, and place of residence. Also, you will need to decide whether you will have a last name.

If your spouse is unable to appear at the registry office, you will need to write separate applications. Take the form in advance and give it to the future spouse /. After the application is completed, it will need to be certified by. Then you will need to collect all the documents, come to the registry office and write your application. You will be given a date marriage A.

note

The application must be submitted 2 months in advance.

Sources:

• documents marriage with a foreigner in Russia

Divorce from foreigner possible for border, and on the territory of the Russian Federation, if one of the spouses is its citizen, but lives outside the country.

Instruction

In accordance with the legislation of the Russian Federation, if one of the spouses has Russian citizenship, then marriage can be terminated at any consular office or diplomatic mission of the Russian Federation. In addition, upon termination marriage or you can contact one of the civil registry offices located on the territory of Russia.

According to Article 19 of the Family Code of the Russian Federation, termination marriage and it can be done in the registry office, if both spouses have given their consent to this and if they do not have common children who have not reached the age of majority. By the way, both spouses must submit their application for termination marriage A. However, a divorce can only be formalized at the request of one of the spouses in some cases, for example, if the other is recognized by the court as incompetent, missing, or if he is sentenced to a term of imprisonment of three years or more.

If one of the spouses cannot appear at the registry office on the appointed day to submit an application, then the document can be submitted for him by the other spouse. It is worth noting that then the documents will have to be certified by a notary, otherwise the signature in the application will be considered invalid. In addition, you will have to present all the necessary documents: passports and registration certificate of your marriage A. Please note that the termination itself marriage and can be made only after a month has passed from the day the application was submitted.

Article 21 of the Family Code of the Russian Federation states that if one of the spouses refuses to give his consent to the termination marriage or if the couple has common minor children, then the divorce procedure will be carried out only through the courts. Also terminate marriage it is possible only in court if one of the spouses does not agree to file an application and be present at the divorce procedure.

Advice 3: How to dissolve a marriage with a foreigner if there are children

If one of the spouses is a foreigner, and the other is a citizen of Russia, then their marriage can be terminated both on the territory of the Russian Federation and abroad. Moreover, it does not depend on whether they have children.

Instruction

The legislation of the Russian Federation states that if one of the spouses has citizenship of the Russian Federation, the divorce procedure can be carried out in a diplomatic mission or consular office of Russia. Terminate marriage it is also possible when applying to the civil registry office, which is located on the territory of the country.

Article 19 of the Family Code of the Russian Federation states that divorce is possible through the registry office, but only if both spouses have expressed their consent. In addition, the couple should not have minor children in common. In this case, the spouses simply submit their applications and wait for the required time (the statutory period is one month from the date of submission of all documents). However, in some situations, divorce is possible at the request of only one person. This includes the recognition of the other spouse as completely incompetent, missing or convicted for a period that exceeds three years.

Inform the registry office in advance if one of the spouses cannot be present at the registration of the divorce. Then you will have to take two forms, fill them out and be sure to notarize them (otherwise the application and signature in it will be considered invalid). Also prepare all the documents required for the procedure: registration certificate marriage and also passports.

In that situation, if a couple has common children who have not yet reached the age of majority, then divorce will be possible only through a court. The same applies to the refusal of one of the spouses to terminate marriage A. This is stipulated in Article 21 of the Family Code of the Russian Federation. In addition, the divorce procedure is carried out in court if someone evades the presence or filing an application.

Until recently, marriages with foreigners were not welcomed and were even forbidden. Now the situation has changed radically. But before you connect your life with a foreign citizen, you need to weigh the pros and cons.

Recently, marriages with foreigners have been considered beneficial, especially for Russian women. Despite the prohibitions of the Soviet era, people heard rumors about the luxurious life that is available to citizens of developed foreign countries. Many are still of the opinion that marriage to a foreigner is a scam with an unfavorable outcome. But some girls live the dream of marrying a foreigner. Experts say that such a marriage cannot be called bad or good. It has both disadvantages and significant advantages.

Positive sides

Even in modern life, marriage to a foreigner continues to be considered something exotic. You can treat such a union as you like, but first you need to understand the positive aspects of marriage with a foreigner. So, there are a lot of pluses:

1. Economic stability and high social status. But this item directly depends on the country to which the young family will go after the marriage. Of course, if a Nigerian becomes the chosen one of the girl, life in a remote African village can hardly be called economically stable. If you are lucky enough to marry a citizen of European countries or the United States, there is an opportunity to improve well-being.
2. Gratitude from the spouse and a good attitude. Most men will be grateful to a woman for the fact that for the sake of him she was able to leave her native starna and family.
3. Absence of rudeness on the part of the spouse. It is believed that people from developed countries have a culture of communication to a greater extent. But in fairness, it must be said that boors are everywhere.
4. Possibility of fast and free learning of a foreign language. This, rather, is not a plus, but a pleasant addition to marriage.

The positive aspects do not end there, because everyone is individual.

Cons of marriage with a foreigner

Along with the pros, there are bound to be cons. The negatives include:

1. Disappointment. Life abroad may not be as sweet as it seems at first glance.
2. Separation from home, family, friends. Not every person is able to break away from the usual rhythm of life.
3. Difficulties in understanding local laws. This is especially true for the Arab countries.

This is not the whole list. A girl, marrying a foreigner, should be aware that a man can act for selfish purposes. For example, the quick and unimpeded acquisition of citizenship, as well as the acquisition of any property of the spouse.

Marrying a foreigner is not prohibited. But this should be done only if there is a feeling that you want to spend your whole life with this person. You should not succumb to fleeting love, and also dream of a luxurious life abroad. It's best not to rush into a decision. If the feelings of both partners have been tested by time and distance, differences in mentality and the language barrier will not become an obstacle to a happy family life.

Sources:

• Marriage with a foreigner: pros and cons

Marriage is an official ceremony that is held to register the desire of two people to build a joint future. In most cases, marriage registration is carried out between people of the same nationality, but there are exceptions.

There are no borders for love, and excellent transport links between countries contribute to the emergence of relations between people of different nations and even religions. Today, marriage with a foreigner is by no means considered a rarity and is increasingly common in the modern world.

Registration of marriage between residents of one country is carried out according to a clearly established procedure. First, people submit documents, fill out forms and pay the state duty, and a month later they are officially painted. In this case, the marriage may take place according to a solemn ceremony or without it. The future newlyweds themselves decide on the choice of the nature of the wedding.

Marriage with a foreigner in Russia follows a similar procedure, with the exception of some nuances that can be quite significant. In our country, registration of marriages is carried out in accordance with the Family Code on the basis of the norms of the current legislation. Therefore, in order to legitimize relations with foreign citizens, it is necessary to submit a special document stating that the ceremony will be held in accordance with the laws and traditions that are adopted in his native state. In addition, the following rules must be observed:

The fulfillment of these requirements makes it possible to marry a foreigner in Russia at the official level. At the same time, the list of required documents may vary depending on the procedures, laws, traditions and religion of the home state of the foreign spouse. can be downloaded here.

List of required documents for registration of marriage and their execution

Today, marriages between Russians and citizens of other countries do not surprise anyone. At the same time, for their legalization, one has to go a rather long way, consisting of many bureaucratic conventions and nuances. One of them is documents for marriage with a foreigner, which must be submitted to the civil registration authority. They look like this:

The absence of at least one of these documents makes marriage impossible.

At the same time, all certificates, certificates and other papers must contain a translation into Russian, which is certified by a notary and marked with an apostille.

Citizens of the former Soviet republics can submit documents without a special mark.

The main reasons for the refusal to conduct a marriage ceremony and their characteristics

The collected and executed package of documents is submitted to the registry office at least a month before the planned wedding. However, it is better to hand it over two months ahead of time. Such a precaution is due to the fact that in the process of reviewing the documentation, additional questions may arise, the clarification of which takes time. Often, when processing it, the registry offices issue a negative verdict and do not allow marriages with foreigners.
The reasons for such decisions can be varied:

• the foreign groom is legally married, which was registered in his home country;
• close or distant family relationship between the spouses;
• officially confirmed incapacity of one of the spouses;
• the age of one of the spouses does not meet the necessary requirements for marriage;
• the groom is from a country where polygamy is legal (if a Russian woman is the first wife, then marriage registration with a foreigner is allowed);
• violation of the rights of a foreign fiance in the framework of registration of a marriage union.

Important! Registration of marriages within the Russian Federation is carried out in accordance with the current legislation. However, a foreign fiance does not obey him, since he is a citizen of another state, which has its own laws and requirements. At the same time, observance of his legal rights is a prerequisite for registering a marriage.

Registration of marriage with a citizen of a foreign country is possible only if all the traditions and national characteristics that are inherent in his mentality are observed. To agree on all issues and clarify the nuances, before submitting documents to the registration authority, you need to contact the embassy of the state from which the future husband is from. Its representatives will be happy to explain all the features of the ceremony and draw up detailed instructions for its completion.

Where to register a marriage: dividing foreigners into categories and applying to the registry office

It is quite difficult to register a marriage with a foreigner in Russia. It is not only about preparing an extensive package of documents and agreeing on a large number of national issues. The place of marriage registration plays a huge role, since not every registry office has the right to take on such responsibility.
In addition, a marriage with a foreigner must be concluded with the direct participation of the embassy of the country of which he is a representative. Based on this, the best solution is to hold a wedding in Moscow, since it is in the capital that most of the foreign diplomatic missions are located.

In relation to persons with other citizenship, certain rules apply. Depending on the homeland of a foreigner, he falls into one of two categories:

• Category 1 - for citizens from the former Soviet republics, now part of the CIS;
• Category 2 - for all other foreign citizens, including residents of the Baltic states.

Persons belonging to the first category have the right to register a marriage in any registry office of our country. For the rest of the citizens who are included in the second subgroup, there is only one option - registration in the central wedding palace No. 4, located on Butyrskaya Street. All other institutions cannot legalize such marriages because they do not have the legal authority to conduct the ceremony.

We also invite you to familiarize yourself with and.

Another option for the wedding is to contact the diplomatic mission of the groom's home country. At the same time, the ceremony is carried out in full accordance with its orders and laws.

In addition, in order to legalize such a marriage in our country, it is necessary to obtain a marriage permit with a foreigner, which is issued by authorized organizations after a thorough recheck of all documents.

The legal basis of family life: the Family Code and the conclusion of a marriage contract

At the end of the ceremony, the marriage is considered registered. From this moment, a completely new life begins, implying the fulfillment of certain duties and the existence of specific rights. The legislation of the Russian Federation has a clear definition that best characterizes the legal framework of the spouses.

Important! The rights and obligations of persons concluding a marriage are regulated by the legislative framework of the state in which the spouses plan to reside.

In the event that the Russian Federation is chosen as the country for further residence, then the married couple is subject to Russian law. Moreover, such norms are relevant in relation to all residents of the country, even those with foreign citizenship and temporarily residing on its territory.

Divorce with a foreigner is carried out according to the standard procedure stipulated in the Family Code of the Russian Federation. According to him, there are 2 types of division of property that was acquired by joint efforts. They look like this:

• the contractual type is established subject to the actual existence of a marriage contract concluded between the spouses and certified by a notary (it also officially signs all the legal aspects of family life and the obligations of each of the spouses);
• the joint type is registered in the absence of any additional documents (in this case, all acquired property is common).

When a child appears in a family, he is considered a citizen of the state in which he was born or based on an agreement between his parents. As a result, a small person can be a Russian by mother, a foreigner by father, or have dual citizenship of both spouses. When dissolving a marriage with a foreigner, according to the current legislation of the Russian Federation, the child remains in the care of the mother.

The best option for protecting your rights and guaranteeing a clear regulation of duties is the conclusion of a full-fledged marriage contract. Its design makes it possible to determine in advance the rights, stipulate all controversial points and resolve related issues that may subsequently provoke the termination of marital relations. It acquires particular importance when the relationship is fictitious, implying the imminent dissolution of the marriage.

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