Marriage
From what age is it possible to marry?...
What is the procedure of the registration of a marriage with a foreigner?...
What is the term of registration a marriage with a foreign citizen?...
Does religious ceremony of entry into marriage have a legal force?...
What documents are required for the registration of a marriage?...
27.02.2004
A marriage between the citizens of the Republic of Belarus living abroad can be registered in consular establishments of the Republic of Belarus. If marriages between the citizens of the Republic of Belarus and marriages of citizens of the Republic of Belarus with foreign citizens or persons without citizenship was registered abroad in accordance with procedure accepted in a foreign state, these marriages are recognized in the Republic of Belarus provided that they was not registered in contrary to the requirements of articles 17-19 of the Family Code of the Republic of Belarus. In the articles 17-19 of the Family Code the conditions of the registration of a marriage are indicated, namely: the mutual consent for the registration of a marriage, aged 18, lack of obstacles for the registration of a marriage. A marriage can not be registered (obstacles): a) if at least one of the marrying persons has a registered marriage with another person; b) if it is a marriage between blood relatives, brothers and sister, adoptive parent and adopted child; c) if one of the marrying persons was declared incapable because of the mental illness or dementia. Concealment of these circumstances by the marrying person is a ground for declaring the registration of a marriage invalid.
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27.02.2004
From what age is it possible to marry?
Marrying persons shall be aged at least 18. This age can be reduced by the civil registry offices no more than for three years in the following circumstances: birth of the child or pregnancy, emancipation.
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27.02.2004
It depends on the legislation of a respective state. There are states, which recognize the marriages of citizens of these states with foreign citizens only if the marrying persons have received the permit of the competent body of their state. The civil registry offices of the Republic of Belarus should find out at the moment of accepting the application, whether such permit is required in accordance with the legislation of the state of citizenship of foreigners. If the special permit is required to register a marriage with a foreigner, and a foreign citizen has no such permit, the civil registry office should explain to marrying persons, and first of all to the citizen of the republic of Belarus, that their marriage can be nullified in the state of citizenship of the foreigner. If marrying persons insist on the registration of a marriage, this marriage is registered, and the special mark is made in the registration records that marrying persons have been acquainted with the procedure of the registration of a marriage with foreigners required in accordance with the legislation of the state of citizenship of a foreigner.
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27.02.2004
What is the procedure of the registration of a marriage with a foreigner?
As a rule a marriage is registered publicly, and at the presence of two full age witnesses (if it is requested by marrying persons). At the request of the marrying persons, the civil registry offices provide proper ceremony of the registration of a marriage.
If presence of both marrying persons is impossible or the extremely inconvenient (remoteness of residing from each other, heavy illness, military service and so forth) at the moment of submission of the application for registration of a marriage, the application signed by both marrying persons, can be submitted by one of them. In this case the chairperson of the civil registry office or the official of local administrative body shall certify the signature of the absent person on the joint statement and put a seal.
If the marrying persons can not appear for the registration of a marriage by a specified time, the term of registration of a marriage is postponed at their request, and the special mark is done on the application for registration of a marriage and in a registration book for applications.
If the persons have not appeared for the registration of a marriage within three months from the date of submission of the application and have not informed about the reason of their absence, the application becomes invalid.
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27.02.2004
What is the term of registration a marriage with a foreign citizen?
The term of registration of a marriage is coordinated by the marrying persons, but it can not be earlier than in fifteen days after submission of application for registration of a marriage in the civil registry office.
Under reasonable circumstances this term can be reduced or increased up to three months from the moment of acceptance of the application for the registration of a marriage.
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27.02.2004
Does religious ceremony of entry into marriage have a legal force?
In the Republic of Belarus there are recognized only marriages registered in the civil registry offices. The religious practices concerning questions of a marriage and family, have no legal value, except the marriages and divorces which had been registered before the civil registry offices was established or restored. The documents given by the competent bodies of the foreign states for the certification of the act of civil status, accomplished outside the territory of the Republic of Belarus in accordance with the legislation of the appropriate states concerning the citizens of the Republic of Belarus, foreign citizens and persons without citizenship, are recognized in the Republic of Belarus provided that there is a consular legalization.
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27.02.2004
What documents are required for the registration of a marriage?
For the registration of a marriage foreign citizens who have a permanent residence in the Republic of Belarus shall submit to the civil registry offices the following documents: the application for the registration of a marriage, the valid foreign passport and the residence permit of the Republic of Belarus.
The foreign citizens who have a temporary residence in the Republic of Belarus shall submit the valid foreign passport or another identification document registered in the law-enforcement body of the Republic of Belarus.
The foreign passport (the document identifying the person) shall be submitted by the foreign citizen with translation of its text into a national language (Russian, Belarusian), accuracy of which is testified by consulate (embassy) of the state of citizenship of this person (of the country of permanent residence of the person without citizenship), by the Ministry of Foreign Affairs or another competent body of the state or by the notary. It is also required to present to the civil registry office a document, issued by the competent state body or consulate (embassy) of the state of citizenship, which confirms that the foreign citizen is not married with another person. This document can be made in a state language or translation of its text shall be applied. Accuracy of the translation shall be testified by the consulate (embassy) of the state of the citizenship (of the country of permanent residence of the person without citizenship), by the Ministry of Foreign Affairs or by another competent body of this state or by the notary.
A surname, a name and a patronymic name (if any) of the foreign citizen shall be completely indicated in the document in the same way that it is indicated in the passport. The document is valid within three months from the date of its issue.
The persons who have been already married, should present to the civil registry office the document confirming the termination of a former marriage. As to the citizens of the Republic of Belarus who have dissolved a marriage abroad and to the foreign citizens as well such document can be the court decision on divorce, the certificate on death of the spouse or other document confirming the termination of a former marriage, given by the competent body and legalized unless the international agreements determine another procedure.
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27.02.2004
Foreign citizens and persons without citizenship have the same rights and duties in respect of marriage and family relations in the Republic of Belarus as citizens of the Republic of Belarus.
Marriages of citizens of the Republic of Belarus with foreign citizens and persons without citizenship as well as marriages between foreign citizens are registered in the Republic of Belarus in accordance with the legislation of the Republic of Belarus.
For registration of marriages with foreign citizens by the civil registry offices of the Republic of Belarus foreign citizens, entered into marriage in the Republic of Belarus, shall present confirmation of the competent body of the state of their citizenship that they are not married with other person. Marriages between foreign citizens, registered in embassies or consulates of foreign states in the Republic of Belarus, are admitted in the Republic of Belarus on conditions of reciprocity if these persons at the moment of the registration of a marriage were citizens of the state, appointed ambassador or consul in the Republic of Belarus.