Legal advice > Administrative law > Do you need registration to register a marriage, how to register a marriage correctly
Officially registering a marriage is the desire of many young couples. In this case, of course, there is no need to rush, but if the decision has already been carefully weighed and made, why not resort to registering family relations. The procedure, by the way, is not complicated, although it has some nuances.
In today’s material, we will pay attention to them, answering questions about whether registration is needed to register a marriage, how to properly register a marriage, and much more.
Access to the intensive care unit and to information about the patient’s health
Until recently, it was almost impossible to gain access to intensive care legally.
But in 2021, the Federal Law of May 29, 2021 No. 119-FZ “On Amendments to Articles 14 and 79 of the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” was adopted, which obliges medical institutions to allow visitors to see seriously ill patients. for patients - with restrictions, of course. And close relatives get the most rights to be around. The spouse is included in this number, but the cohabitant is not. The latter patient is a nobody from a legal point of view, so access may be denied. However, at other stages you may encounter problems. For example, a conclusion on the cause of death is issued only by Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation” to close relatives.
What are the disadvantages
None.
How to resolve the issue without registering a marriage
Cohabitants can draw up powers of attorney in advance, which will allow them to find out information about each other’s health. But most likely, simply showing it to the attending physician as a marriage certificate will not work. You will need to write an application addressed to the head physician and wait until it is considered. This will happen within 30 days.
Where can citizens of the Russian Federation sign?
Newlyweds can independently choose the place to formalize their relationship.
This is evidenced by the Federal Law “On Acts of Civil Status”. On the basis of the law, marriage is concluded in any civil registry office on the territory of the Russian Federation. Thus, the application can be submitted in any department of the registry office where young people wish, regardless of their permanent or temporary place of residence. The main thing is to comply with deadlines. As a rule, this is a maximum of 2 months before the official wedding.
Today it is important to celebrate a wedding outside the city. Therefore, those getting married have the right to choose the wedding department that is closest to the place of celebration.
It is important to note that marriage with foreigners has a number of restrictions. Thus, for nonresident residents of the Baltic countries and far abroad, separate institutions have been organized where their marriage with Russian citizens is registered. However, persons living in the CIS can enter into official relations in any division of the registry office.
The right not to testify against a spouse
No one is obliged to testify under the Constitution of the Russian Federation against himself or his close relatives. But if you refuse to testify against those who are not on this list, you can be punished by the Criminal Code of the Russian Federation, Article 308 “Refusal of a witness or victim to testify.”
What are the disadvantages
None. The Constitution gives the right not to testify against a spouse, but does not prohibit doing so.
How to resolve the issue without registering a marriage
No way. Unless you are subject to another law that allows you to refuse testimony. For example, a priest cannot be forced to reveal the secret of confession by Federal Law of September 26, 1997 No. 125-FZ “On Freedom of Conscience and Religious Associations.”
Appealing an unlawful refusal
According to clause 76 of the Administrative Regulations, approved by Order of the Ministry of Justice of the Russian Federation dated November 29, 2011 No. 412, in the event of an unlawful refusal to accept an application or register a marriage relationship, such refusal can be appealed both extrajudicially and in court.
The extrajudicial procedure involves the applicant applying to the regional registry office in the subject of the federation, regional departments of the Ministry of Justice, or directly to the Ministry of Justice in the capital. Such an appeal can be sent in writing or in the form of an electronic document and must be considered within a month from the date of its receipt.
Consideration of complaints about refusal of registration in court is carried out within the framework of administrative proceedings. It requires the applicant to file a statement of claim, and the consideration itself is carried out in the manner prescribed by Chapter 22 of the Code of Administrative Proceedings of the Russian Federation. According to Art. 219 CAS RF, appealing against the actions of civil registry office employees in court is possible within three months from the moment the applicants became aware of a violation of their rights.
Larger tax deduction
Some tax deductions can be issued not only for yourself, but also for your spouse - always an official one. For example, it is allowed to return part of the costs of treatment and the purchase of medicines for the husband or wife, pension contributions or life insurance.
Also, in a marriage, both spouses can receive a tax deduction when purchasing an apartment, even if it is registered in the name of one of them. That is, the payment could be 520 thousand instead of 260. Likewise with mortgage interest.
What are the disadvantages
None.
How to resolve the issue without registering a marriage
Two people, even outside of marriage, can buy an apartment in half. In this case, everyone has the right, as an owner, to receive a deduction for their share. With other deductions - no way.
What is marriage
Marriage in Russia should be considered an equal union of a man and a woman, registered by state authorities and created for the purpose of creating a common family. The legislator considers marriage relations only as a union concluded in state bodies - cohabitation of persons, even if they wish to start a family, is not recognized as marriage and does not give rise to any legal relations between such persons.
Marriage, by virtue of current legislation in Russia:
- creates legal ties between spouses, making them members of the family: allowing spouses to inherit from each other, assigning personal property and non-property responsibilities to them, requiring in some cases care for each other and maintenance in case of illness or financial problems;
- is a voluntary and equal union, that is, it is concluded by mutual, freely expressed consent of both spouses and assumes the presence of equal rights and obligations;
- is a union between a man and a woman - same-sex family unions are not recognized as marriage;
- can only be concluded between persons who have reached the age of marriage - 18, and in some cases 16 years or even less.
The article “Marriage” will tell you more about this.
The right not to pay tax on a gift
Gifts are income in intangible form. And a tax of 13% of the cost is paid. This applies to gifts worth more than 4 thousand rubles from legal entities, as well as real estate, transport and securities received as a gift from another person. An exception is made for gifts from close relatives.
If a husband gives his wife, for example, shares from a portfolio that he formed before marriage, he does not have to pay tax. If the boyfriend is a friend, he will have to.
What are the disadvantages
Gifts are considered personal property and are not divided in a divorce.
How to resolve the issue without registering a marriage
Give money.
Clear division of property
If an official marriage breaks up, everything is more or less clear. What is acquired during the marriage is divided in half, according to a marriage contract or by agreement. In each individual case there are nuances, but at least the starting points are spelled out in the laws. In this case, inheritance, gifts and premarital property are not subject to division.
For cohabitants, all this is not regulated in any way. Of course, we can talk about the highest form of justice: whoever bought what will leave with it. In practice, everything is more complicated. One bought a refrigerator, the other paid for its expensive repairs. And now it is no longer clear who owns the equipment. The man diligently paid the mortgage for the apartment registered to him, but ate entirely at the expense of his partner. As a result, housing officially belongs only to the person to whom it was registered.
What are the disadvantages
If one partner earned much more than the other, dividing the property in half may seem unfair to him. In this case, it is worth drawing up a marriage contract in advance. This can be done at any time after the wedding and even before it. True, there are important nuances:
- Only issues related to property can be specified in the contract. You cannot, say, oblige your partner to meet you in a latex suit on even days and deprive you of part of your savings for failure to comply with this rule.
- The agreement should not prejudice either party. It is a way to divide property in a way that seems fair, not a tool of punishment. So leaving the other side on the street without everything will not work.
In any case, it is better to draw up a marriage contract with a lawyer. A specialist will help you do this so that the court does not have any complaints about the text if the other party during the divorce tries to challenge the agreement.
How to resolve the issue without registering a marriage
Cohabitants can buy housing, a car, and land in shared ownership. Moreover, it is not necessary to divide everything in half; it is quite possible in proportion to the material contribution. Otherwise, the easiest way is to maintain a separate budget and chip in for common products and entertainment. And, of course, keep receipts for purchases such as household appliances and furniture that are not registered as property.
Everything here is like in a marriage: now you have love, but when dividing property, it can easily come to light who ruined who’s whole life and generally sat on their neck.
Pay special attention to documents confirming who paid for the animal when purchasing it. Keeping your beloved dog for yourself if your partner transferred the money can be difficult.
Right to inheritance
The spouse is the heir of the first priority by default. A cohabitant without a will cannot receive anything.
Let's say a couple bought an apartment in half. If something happens to one of the partners, his share will be divided between his parents and children. And in their absence, brothers, sisters, grandparents will get involved. In general, everything except the roommate.
What are the disadvantages
In the event of death, everything that belonged to the person during his lifetime will be divided among the heirs. And as a result, the process may not go the way the deceased originally wanted.
Let's say the wife received an apartment as a gift from her grandmother. She would like to later give this property to her child from her first marriage. If she dies without leaving a will, and the heirs cannot reach an agreement, then the housing can easily be divided equally between the husband and all the children.
How to resolve the issue without registering a marriage
A will should be written by a person of any age if he has any property. The document can also be challenged. But this is not as easy to do as is commonly believed. In addition, this is an official expression of will, which, at least, will not leave the possibility of speculating on the writings of what a person “really” would like.
You can also bequeath property to anyone, regardless of family ties, including your cohabitant.
Automatic paternity
If a child was born in marriage, the father of the RF IC, Article 48 “Establishing the origin of a child”, is the husband of the woman giving birth. Cohabitants will have to additionally collect documents from the registry office in order to legitimize the rights of the father.
What are the disadvantages
Automatic paternity makes life easier if the child's father is a spouse. But it happens that people have not been together for a long time, but do not register the separation in the registry office. In this case, the man may not be happy with the simplicity of the procedure.
Another nuance is that paternity is assigned by default to the ex-husband if the child is born within 300 days after the divorce. On average, pregnancy lasts 294 days. It is especially inconvenient that such paternity can only be challenged through court.
How to resolve the issue without registering a marriage
If both dad and mom recognize paternity, legitimizing it is quite simple. You need to go to the registry office or MFC and submit the appropriate application.
The essence of marriage
Russian legislation does not have a clear definition of the phenomenon called marriage.
In scientific circles, marriage is understood as a union between a man and a woman, which has legal registration and is built on mutual love, voluntary and free relations.
The purpose of marriage is the desire to create a family. Thanks to such a union, the newlyweds become the owners of the rights and responsibilities common to the spouses.
In Ozhegov’s dictionary one can find confirmation of a brief explanation of the concept of marriage, which consists in the creation of family marital relations between representatives of the opposite sex.
Here is more information about what marriage is and its forms.
Deferment from the army
The conditions for deferment from conscription service for a spouse and cohabitant are generally similar. Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service”. But for the first one, one child and a wife with a pregnancy of at least 22 weeks are enough. And the second one already needs to have two children. The difference is about 20 weeks.
What are the disadvantages
None.
How to resolve the issue without registering a marriage
There are other ways to settle relations with the military registration and enlistment office. For example, entering graduate school is a less pleasant process than everything that precedes pregnancy. But candidates of science are no longer entitled to a deferment, but an exemption from conscription, Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service.”
Accommodation without temporary registration
If a person lives in another region for more than 90 days and has not completed temporary registration, he may be fined. But this does not apply to those who are staying in an apartment that belongs to his close relative, and the owner himself is registered in it. If you cohabitate, a fine of the Code of Administrative Offenses of the Russian Federation, Article 19.15.1 “Residence of a citizen of the Russian Federation at the place of stay or at the place of residence in a residential building without registration” cannot be avoided.
What are the disadvantages
None.
Legislative justifications.
If parents, guided by their desires, have chosen a school other than their registration for their child, and they receive a refusal, they begin to look to see if this is legal.
It is worth reassuring them, the legislation of our country on education (3266-1) states that the school director cannot refuse to enroll a child on the basis of his race, origin, or place of residence.
These rules are duplicated in the Constitution of the Russian Federation (Article 43). It states that any schoolchild has the right to qualify for free and accessible education.
This means that parents can enroll their child in any school. But you need to be aware of the existence of some restrictions.
Thus, Federal Law 310 states that children who live near the school have the right to priority enrollment.
This means that the director may not provide a place in a school without registration only when there are no free places in the classes.
Note! If parents want to enroll their child in a private school, it does not matter where it is located. The child will be accepted for training with a minimum package of documentation.
