Registration of marriage of citizens of Ukraine with foreigners
Even ancient Greek thinker Plato said that in a well-arranged state, the first laws should be those governing marriage. And this is quite natural, since neither people nor families can exist in society by themselves. And the most important prerequisite for having a family is marriage.
The Constitution of Ukraine stipulates that marriage is based on the free consent of a woman and a man. Each spouse has equal rights and responsibilities in marriage and family.
Article 21 of the Family Code of Ukraine provides that marriage is a family union of a woman and a man registered with a state body for the registration of acts of civil status.
State registration of marriage is established to ensure the stability of relations between women and men, protection of the rights and interests of spouses, their children, as well as in the interests of the state and society. State registration of marriage is certified by a marriage certificate, the model of which is approved by the Cabinet of Ministers of Ukraine.
The form and procedure of marriage in Ukraine between a citizen of Ukraine and a foreigner or stateless person, as well as between foreigners or stateless persons are determined by the law of Ukraine.
The marriage age in Ukraine for women is set at seventeen and for a man at eighteen. Persons wishing to register for marriage must be married at the date of marriage.
A woman and a man can only marry at one time. They are entitled to remarriage only after their previous marriage has ended.
The legal regulation of the procedure for applying for marriage registration and the procedure for registration are determined by the Law of Ukraine “On State Registration of Civil Status Acts”, the Family Code of Ukraine and the Rules of Registration of Civil Status Acts in Ukraine, approved by the order of the Ministry of Justice of October 18, 2000 (in the wording of the order of the Ministry of Justice) Justice of Ukraine dated November 22, 2007 under No. 1154/5), registered with the Ministry of Justice of Ukraine on October 18, 2000 under No. 719/4940.
The law stipulates that a woman and a man wishing to register a marriage shall submit a written application in person, in accordance with the prescribed form, to any body of civil registration of their choice. Previously married persons can only register for remarriage upon presentation of documents confirming the termination of their previous marriage.
For foreigners and stateless persons, such a document may be a court decision to dissolve a marriage if it is final by the law of a foreign state, a certificate of dissolution of the marriage or the death of the other spouse, or other documents confirming the termination of the previous marriage provided by the law of the foreign state. body and appropriately legalized.
The application for marriage registration is submitted by the woman and the man personally. The state civil registration authority that has accepted the application for marriage registration is obliged to acquaint the brides with their duty to inform each other of their health, the terms and procedure of marriage registration, and to explain to them the rights and obligations as a future spouse and parent, and warn of responsibility for hiding obstacles to marriage registration.
If a woman and (or) man cannot, for good reason, personally file an application for registration of marriage with a state body for the registration of acts of civil status, such application, notarized, may be submitted by their representatives. The powers of the representative should be based on a notarized power of attorney.
When applying for marriage registration, a woman and a man present a passport or passport for their ID.
Foreigners and stateless persons for marriage registration in Ukraine must present a national passport or passport stating the registration of the authorized body for the legality of their stay in Ukraine, unless otherwise provided by the current legislation of Ukraine.
When registering a marriage in state bodies of civil registration of Ukraine, if passports or passport documents of foreigners and stateless persons do not contain information about the marital status of their owners, they must simultaneously submit a document that they are not married, issued by the competent authority of the country your nationality or country of residence, and legalized properly.
These documents may also be issued or legalized by the consular post or diplomatic mission of this country in Ukraine and subsequently legalized by the Ministry of Foreign Affairs of Ukraine.
If the passports or passport documents indicate the termination of marriage of the above mentioned persons, the document stating that the person is not married must be presented within the period after the dissolution of the marriage.
Documents of foreigners, stateless persons, which are the basis for registration of marriage, drawn up in a foreign language, must be accompanied by a translation of the text into Ukrainian, the authenticity of which is certified by a diplomatic mission or consular post of Ukraine abroad, the embassy (consulate) of the state of which he is a national. a foreigner (country of permanent residence of a stateless person), the Ministry of Foreign Affairs, another appropriate authority of that state or a notary public.
When registering a marriage registration application, the state civil registration authority informs brides about the possibility of a medical examination and, at their request, issues a referral based on a model approved by the Ministry of Health.
Hiding one’s bride’s health information, which could result in (permanently) violating the physical or mental health of the other bridegroom or their descendants, may be grounds for invalidation of the marriage.
Regarding the time of marriage registration, it is registered after the expiration of one month from the date of submission by the persons of the application for marriage registration. If there are valid reasons, the head of the state body for the registration of acts of civil status allows the registration of marriage before the expiration of this term. In the case of the bride’s pregnancy, the birth of her baby, and if there is an imminent threat to the life of the bride or groom, the marriage shall be registered on the day of the application or on any other day at the request of the bride within one month. However, if there are reports of obstacles to marriage registration, the head of the state civil registration authority may postpone marriage registration, but for no more than three months, to provide the applicant with relevant evidence. The bride is informed about the postponement of the marriage registration. The decision on such adjournment can be appealed in court.
If the brides are unable to appear for a valid reason for the civil registration authority on the date they set, then the marriage registration period by their written application is postponed as they wish to another day. In these cases, the period of postponement of the marriage registration may not exceed one year from the date of filing the application.
If the bride does not appear in the civil registration authority within three months from the date of filing the application for registration of the marriage and did not report the reason for failure to appear, then the statement shall lapse.
State registration of marriage through a representative is not allowed. The presence of the bride and groom at the time of registration of their marriage is mandatory.
State registration of marriage is carried out at the premises of the state registration of civil status acts. According to the brides, marriage registration takes place in a solemn setting. The brides state their wish in the application for marriage registration.
The state registration of marriage in the passports or passport documents of the persons who registered the marriage shall be marked with an indication of the surname, first name, patronymic and year of birth of the second spouse and place and date of such registration.
When registering a marriage, the brides have the right to choose the name of one of them as a common surname of the couple or continue to be called premarital names. The bride, the groom have the right to attach the surname of the groom, the bride to his name.
If they both wish to have a double name, their consent determines which name it will begin with. It is not allowed to have more than two names unless otherwise derived from the custom of the national minority to which the bride and / or groom belong. If, at the time of the marriage registration, the bridegroom’s surname is already double, the bridegroom is entitled to replace one part of her surname with the other’s surname, as stated in the application for marriage registration.
State registration of marriage has the following legal consequences, namely: marriage is the basis for the emergence of rights and responsibilities of spouses.
Marriage cannot be a ground for granting a person privileges or benefits, nor for limiting his rights and freedoms, which are established by the Constitution and laws of Ukraine.