Marriage of minors: entry and dissolution of marriage

Divorce is always an unpleasant and painful thing. Litigation, litigation, division of property and other “delights” entail an aggravation of already strained relations.

Neither party can cope without emotional distress and stress.

And the divorce procedure in the presence of a minor child takes even more time and effort - as a rule, such divorces are carried out only in court in order to avoid possible violations of the interests of minor citizens. How to file a divorce if there are minor children, we will consider further.

Divorce through court

• Divorce in court is the only way out for spouses whose family is raising young children (under 18 years of age).
• The legislation provides for just such a procedure for divorce in view of the fact that the interests of children are affected here, and the court undertakes to monitor their protection.
• In many cases, parents make their children a kind of lever of influence on each other, further traumatizing their unstable psyche and causing irreparable harm to the child’s mental health.

The judge’s task is to impartially assess the situation and, based on the materials presented, decide which parent will be more comfortable for the child to live with in the future. A significant role in this issue is played by both the desire of the child himself and the personal circumstances of each party - living conditions, availability of living space and stable income, etc.

 

If the spouses agree to divorce

In most cases, people decide to divorce when the relationship has already become tense and there is simply no other way out. However, there are situations when former spouses were able to amicably agree on their future and divide their “spheres of influence” in an amicable way.

If the matter is complicated by the presence of minor children in the family, then the spouses should apply for a divorce to the court at their place of residence or to a magistrate. In situations where parents have reached a consensus regarding the future of their young children, divorce can be much easier and faster.

In particular, parents will have to resolve the following issues:

• determine the child’s future place of residence;
• decide when and under what circumstances the child will be able to see the other parent;
• establish the amount of monthly alimony that the second spouse undertakes to pay until the child reaches the age of majority.

If neither party has any objections to the above issues, it will be easier for the court to make a decision and will take less time.

In this case, issues on which the parents came to an agreement independently will not be considered by the court.

1. The most tedious procedure is considered to be the divorce procedure if one of the spouses does not agree to the divorce.
2. This entails a lot of unpleasant and difficult moments, because the initiating party will have to thoroughly prove the legality of their desire to dissolve the marriage.
3. The second party must equally detail the reasons for the protest.
4. The task of the court is to carefully consider the materials of the divorce case and render the correct verdict based on the data presented by the spouses.

If a minor child is growing up in a family, the court gives the parents a certain period of time (no more than 3 months), during which the parties can try to improve relations and save their family.

If, after this time, the parties (or one of the parties) still require a divorce, the court will begin divorce proceedings.

And the first priority for the judge will be to determine the place of residence of the minor citizen.

The procedure for divorce from a minor child in the registry office

As a rule, divorce of a couple who is raising minor children is carried out only in court. However, there are a number of cases when the law allows the divorce procedure to be carried out through the registry office. These include:

• Confirmed fact of missing one of the parents.
• Incapacity of one of the parents.
• Imprisonment of one of the parents (if the established sentence exceeds 3 years).

If your case falls under one of these definitions, you can safely contact the regional registry office (see the link for the package of documents for application). The advantage (if, of course, one can put it that way) of divorce through the registry office will be the relatively quick procedure.

Who does a child stay with after his parents divorce?

In Russia, both parents have equal rights in relation to minor children. However, most often during a divorce, the child is left in the care of the mother, especially when it comes to babies. However, there are cases when the court may reject the mother’s petition, for example:

• The father is ready to provide the child with the best living conditions.
• The mother has problems with work and living conditions.
• The mother has a tendency to lead a questionable lifestyle (has bad habits, etc.)

The second parent, as well as other relatives, has the right to see the child. The court may also reconsider its initial decision if it comes to its attention about a violation of the rights of a minor citizen when living with one of the parents.

In this case, the parent with whom the child currently lives is deprived of parental rights, and all powers are unconditionally transferred to the other party.

If the child has reached the age of 10, the court will take into account his opinion and the wishes of which parent he wants to live with. The child’s opinion does not negate other factors, but will have serious weight when the court makes a final decision.

Refusal of divorce

Applications for divorce submitted to the court may not always be granted. The legislation provides for certain restrictions, in particular when it comes to the following situations:

• Pregnancy of the spouse or presence of an infant (under 1 year old) in the family.
• The birth of a stillborn or incapable baby (if death occurred within the first 24 hours after birth).

The above cases will become a significant obstacle to divorce if the initiator of the case is the spouse. If the spouse demands a divorce, the claim may be granted.

In addition, a refusal to divorce can be obtained if the documents are not fully collected or are executed improperly.

Procedure

• Example of a statement of claim for divorce
• Sample application for consent to divorce
• Before starting the divorce procedure, you should collect a package of documents. These include:

• statement of claim completed according to the form;
• identification document of the initiator of the divorce;
• marriage certificate (original);
• children's birth certificates;
• receipt of payment of state duty.

If the other party agrees to divorce, his written consent certified by a notary should also be attached.

If all documents are collected, the plaintiff can go to court at his place of residence. After reviewing the case materials, the judge may give the spouses a certain time (1-3 months) to resolve the relationship. If, after this period, the intentions of the parties remain the same, the divorce process itself begins, which usually lasts at least a month.

The decision made in the case will have legal force no earlier than 10 days later. Until this time, the former spouses may change their minds and file an application to cancel the divorce. After the 10-day period, the decision is sent to the civil registry office at the place of residence, where a divorce certificate is issued. At this point, the divorce procedure can be considered completed.

Source: http://lawyer-guide.ru/semejnoe-pravo/razvod/procedura-pri-nalichii-nesovershennoletnego-rebenka.html

Marriage of minors: entry and dissolution of marriage

Official registration
of a marriage in Russia is allowed from the age of 18.
But there are often circumstances when it is necessary to register relationships between citizens who
have not reached this age. Cancer
in minors is not excluded, but has its own characteristics, outlined
in the Family Code.

Conditions for registering a marriage of minors

The legislation provides for a reduction in the age limit for registration by 2 years if there are good reasons.

Among them are:

• pregnancy
  ;
• the birth
  of a child to a couple;
• calling a young
  man to serve, etc.

Marriage of minors is permitted without parental consent. The teenager’s legal representatives can subsequently appeal the procedure in court and have it declared invalid.

To register relationships between minors, permission from the district or city administration is required.

At the same time, the legislation allows local governments to regulate the minimum age for marriage.

For some regions it is not 16, but 14 years:

• Chechen
  Republic;
• Adygea;
• Moscow
  region;
• Khanty-Mansi Autonomous
  Okrug;
• Tambov
  region, etc.

In the Murmansk, Chelyabinsk and Ryazan regions, official registration of relationships is allowed after 15 years.

To register a marriage if one or both newlyweds are not of legal age,
the following documents must be submitted to the Municipal Administration:

• a statement from
  the bride and groom about the desire to register the relationship;
• copy
  of passports;
• a copy of
  the birth certificate;
• documents
  confirming the existence of special circumstances.

marriage license for minors can be attached to the application, but it is not required. In some cases, a certificate from the place of work or study is required, including indicating income. Representatives of the Administration must review the documents within 20 days, after which they issue a permit or send a written refusal. If the decision is positive, future newlyweds with documents can contact the registry office, where registration will take place according to the general rules. The permit is issued once. It is intended for a specific case. Therefore, if circumstances change or one of the spouses wishes to register with another partner, you will need to collect new documents and obtain a new permit. Download the application for permission to marry minors. [49.12 KB]

Legal consequences of early marriage

According to the Civil Code of the Russian Federation, minors who get married before the age of 18 become emancipated and, accordingly, fully capable.

This means that in terms of rights and responsibilities, a teenager is equal to adult citizens. He bears full responsibility for his actions and actions, including administrative responsibility.

• But punishment for criminal acts is possible only after 16 years of age, and conscription into the Armed Forces at 18 years of age.
• Legal capacity is retained even if the marriage is dissolved before the parties reach adulthood.
• The exception is situations where the union is declared invalid by a court decision.
• A statement of claim regarding this can be filed by both the minors themselves and their parents, guardianship authorities or the prosecutor if a violation of the interests of the teenager is revealed.

Divorce of an early marriage.

Divorce of a minor's marriage is carried out on a general basis.
Spouses who decide to officially divorce will need:

• visit the registry office if there are no burdensome circumstances;
• apply to the court in a situation where there is a common child or there is no consent of one of the parties.

In the first case, the spouses will have to write a petition for divorce, attach to it the original certificate of registration of the marriage union and copies of their identity documents.

The procedure lasts a month, after which you can come for a paper confirming the divorce.

The state duty is 650 rubles. from each side.

Read also: Benefits and allowances for large families: what's new in 2020?

If you go to court, the procedure can take up to 6 months. The duration depends on the agreement between the spouses, disputes about raising children and division of property.

1. The maximum period that a judge can assign to restore relations is 3 months.
2. Despite the fact that a minor who enters into marriage receives full emancipation in the civil legal sphere, his legal capacity does not extend to family relationships.
3. If the spouses are under 18 years of age and divorced, then in order to remarry, you will need to re-request permission for the procedure from the local government authorities.

At the same time, minor parents have the same rights and responsibilities towards their child as adults. It does not affect whether they are married or divorced.

Annulment of marriage

In a situation where one or both spouses are minors, the marriage may be declared invalid on general grounds.

Among them are:

• official registration of relations between close relatives (including a guardian and his
  ward);
• when one of the parties is declared incompetent;
• there is no consent from the bride or groom;
• one of the spouses is already in an active marriage, etc.

The statement of claim is submitted by the minor himself or his representatives. If the plaintiff has reached the age of 18, then he must go to court independently.

Recognition of marriage as invalid: grounds, court.

Conclusion

Despite the fact that in Russia the age for entering into a marriage is determined by law, exceptions may sometimes occur. To register relationships between minors, it is necessary to obtain permission from the Municipal Administration.

To formalize a marriage, future newlyweds must have valid reasons.

Among the most popular circumstances for early marriage are the bride's pregnancy, a threat to the life of one of the parties, and the groom's conscription into the army.

Early marriages.

Source: https://pravasemei.ru/brak/brak-nesovershennoletnih/

Registration of marriage under 18 years of age: reasons, conditions, procedure

The Family Code of the Russian Federation sets the marriageable age at 18 years as a general rule. However, this does not mean that you cannot get married earlier.

• Paragraph 2 of Article 13 of the RF IC reads:
• For good reasons, guardianship and trusteeship authorities have the right to allow starting a family from the age of 16.
• Is it possible to get married before the age of 16?
• In some regions you can get married before the age of 16:

• from 15 years old - Ryazan, Murmansk, Tver, Chelyabinsk regions, etc.;
• from 14 years old - Moscow, Tyumen, Samara, Vologda, Vladimir regions, etc.;
• without establishing a minimum age threshold - the Republic of Tatarstan.

Important! Despite the fact that the Family Code of the Republic of Tatarstan does not say anything about the minimum age for marriage, it is impossible to get married before 14 years of age. This is due to the obligation of those getting married to present a passport to the Civil Registry Office, which is not issued before the age of 14.

Reasons for getting married before 18 years of age

Marriage before the age of 18 is an exception to the rule, and like any exception, it must have good reasons.

The reasons why guardianship authorities may give consent to early marriage include:

• pregnancy;
• birth of a child;
• difficult life situation of the mother;
• threat to the life of the bride or groom;
• conscription;

1. These reasons are regulated in detail only in regional legislation and strictly speaking, these norms relate only to early marriages (before 16 years), but by analogy they can be applied to older ages.
2. Pregnancy
3. Often the law of the subject establishes a requirement for the gestational age, for example:

• at least 22 weeks of gestation (Murmansk region),
• at least 12 weeks (Vladimir region).

In any case, this condition must be confirmed by a certificate issued by an obstetrician-gynecologist when registering a pregnant woman. In antenatal clinics they usually register after 8 weeks, because Before this period, there is a risk of an ectopic or frozen pregnancy.

Birth of a child

Sometimes regional law stipulates that the child must be shared, but even if such a condition is not contained, it is implied. The legislation of the Murmansk region uses a peculiar formulation - “the actual presence of the child with the mother.”

Difficult life situation

The law of the Murmansk region contains a reference to the difficult life situation of the mother as a valid reason for early marriage. Literally the norm sounds like this:

“When a pregnant minor woman, being in difficult financial or other extreme conditions (orphan, single-parent family, dysfunctional family situation, etc.), by getting married, improves living conditions for herself and the unborn child.”

Threat to the life of the bride or groom

The reality of the threat is assessed by the guardianship authorities individually. This category includes:

• the need for a complex operation;
• service in a “hot spot”;
• being near military operations, etc.

As a rule, the list of possible reasons is open - this allows the guardianship authorities to resolve such an important personal issue with each couple individually.

Conditions for marriage under 18 years of age

Marriage is possible only if the following conditions are met:

• desire and consent of the bride and groom;
• the absence of a valid legal marriage between both of them;
• lack of close blood relationship;
• lack of status as an adoptive parent or adopted child;
• absence of mental disorder.

Important! Marriage under 16 years of age is possible only when neither the groom nor the bride has reached this age threshold. Marital relations between an adult and a child under 16 years of age entail criminal liability.

Is a marriage license required for people under 18 years of age?

• If the age is from 16 to 18 years
• In this case, parental permission for marriage is not required, but the consent of the guardianship authorities is required.
• If under 16 years of age

Rules may vary by region.

For example, in the Moscow region, a positive decision of a specially authorized member of the Government is required, which is based on the application of the spouses, their parents or guardians. If the parents do not agree to the wedding, the issue is resolved by the guardianship authorities.

How to register a marriage

To obtain the coveted stamp in your passport, you need to take the following steps:

• prepare evidence of valid reasons for lowering the marriageable age;
• obtain permission from the guardianship authority at the place of residence or other body, if required by the law of the relevant subject;
• pay a state fee of 350 rubles. in Sberbank;
• submit an application to the Civil Registry Office - by hand or through the State Services portal. This can be any Civil Registry Office in Russia, even located in another region. The application must be accompanied by: a passport, evidence of the termination of a previous marriage (if there was one), permission from the guardianship authorities and other authorities, a receipt for payment of the fee;
• when submitting an application, a wedding date is set - usually no earlier than 1 month, but in exceptional cases the deadlines can be reduced down to the day of filing the application;
• on the wedding day you will receive a certificate (one is issued for two).

Important! If one of the future spouses cannot appear in person to submit a joint application, it can be submitted in two separate documents. In this case, one document is drawn up at the Civil Registry Office, and the second at a notary.

Consequences of early marriage by minors

After the official registration ceremony, the newlyweds automatically become fully capable. This means that the law imposes exactly the same requirements on them as on adults. And even if the marriage is suddenly dissolved, full legal capacity remains. In legal language, the acquisition of full legal capacity by a minor is called emancipation.

Important! Emancipation does not apply to the age of conscription for military service and criminal liability.

Minor parents have full equal rights with adults.

Can minors enter into a marriage contract?

A prenuptial agreement is a transaction that can be completed before or after the registration of a marriage. Since minors become emancipated after official registration, they have the right to enter into a marriage contract on a general basis.

But do the bride and groom have the right to sign a marriage contract before the marriage ceremony?

• If the spouses are over 16 years old, they have the right to sign the contract on their own after submitting an application to the Civil Registry Office.
• If the bride and groom are between 14 and 16 years old, then they can complete this transaction only with the written consent of their parents (guardians).

Divorce and invalidation of early marriage

Everyone has the right to divorce, even minors. Since at the time of marriage the minor acquired full legal capacity, divorce is carried out in accordance with the general procedure.

Declaring a marriage void means recognizing it as non-existent. This is how nullity differs from divorce. For example, a subsequent marriage after a divorce will be considered the second, and if the marriage is invalid, the first. The differences between an invalid and a dissolved marriage are summarized in the table.

invalidity, termination is declared by the court, carried out in the registry office or court on the grounds specified in the law, at the request of the spouses, on the initiative of the spouses, the prosecutor, parents, guardianship authorities, on the initiative of the spouses, cancels all legal consequences (the marriage contract is declared invalid, the ownership regime changes from joint to shared, etc. .) all legal consequences remain in force

A special basis for invalidating an early marriage is the lack of permission from the guardianship authority to start a family. In addition, a marriage is invalid:

• between close relatives;
• imprisoned against the will of the spouse;
• concluded without dissolution of the previous marriage union;
• with incapacity due to mental illness;
• between the adoptive parent and the adopted child;
• when one of the spouses deliberately conceals HIV or a sexually transmitted disease.

Important! The rights of parents and children are not affected by the invalidation of a marriage.

Anna Vertinskaya, lawyer, especially for Mirmam.pro

Source: https://mirmam.pro/brak-nesovershennoletnih

Peculiarities of registering marriage with minors in the Russian Federation

According to the rules of Russian legislation, marriage is permitted simultaneously with the moment a person reaches the age of full legal capacity - that is, 18 years. But the Family Code allows for the possibility of marriage before reaching adulthood.

Reasons for underage marriage

Article 13 of the Family Code indicates that in the presence of certain valid reasons (in certain cases), local government bodies (usually district or city administrations) have the right to allow persons who have reached the age of incomplete legal capacity, that is, sixteen years, to marry.

But the legislation does not provide a list of such reasons, so they can be identified based on already established practice:

• pregnancy;
• actual relationship (civil marriage);
• presence of common children;
• threat to life;
• the groom's conscription for military service.

Parental permission is not required for such a marriage.

Conditions for marriage at 16 years old

In practice, such conditions most often are:

• pregnancy (must be confirmed by a certificate from a hospital or antenatal clinic);
• emancipation (basis - court decision);
• birth of a child (confirmation - birth certificate).

In this case, written consent to the marriage of the parents or their substitutes (adoptive parents, trustees) is required . If there is a disagreement between parents on this issue, it is resolved through the board of trustees.

According to the Family Code, special permission is required to marry minors. The procedure for obtaining this permission is established by legislation at the level of the constituent entities of the federation, that is, it differs in each region.

Read also: Recalculation of pensions for children: those born before 1990, what documents, increase

The procedure and consequences of concluding such an alliance

Submitting an application to the registry office

To enter into a marriage between minors, the first step will be to obtain the appropriate permission.

To do this, persons wishing to get married submit an application for a marriage license between minors at their place of registration.

The application is considered by the local administration on an individual basis (that is, the review period and procedure are established by local legislation for each region individually).

After receiving permission, future spouses submit to the registry office an application for marriage in the established form.

The marriage takes place at least a month after filing the document, but this period can be reduced under extenuating circumstances, and if there are special reasons, then the marriage can be concluded on the day of registration of the application (for example, a threat to the life of the spouse).

Required documents

• The Family Code indicates that when applying for a marriage between minors, parental permission is not required (if the person is over 16 years old) , but at the regional level this issue is resolved by local acts in which parental permission may be a prerequisite.
• The application shall be accompanied by identification documents and documents proving the above reasons why the person should be allowed to marry.
• If the marriage is between two minors, then two applications must be submitted (require permission for each person separately).
• The application shall also be accompanied by identification documents and documents proving the above reasons why the person should be allowed to marry.
• Along with the marriage application, identification documents of the future spouses, as well as previously obtained permission for marriage between minors, are also submitted directly to the registry office.

Consequences

The main consequence in the case of marriage by minors is the emancipation of the person, that is, recognition as fully capable. This means that a minor spouse acquires the same amount of rights and obligations as a person who has reached the age of 18.

Emancipation occurs automatically upon marriage; no additional action is required. A minor spouse will differ from a fully capable person only in that criminal liability will begin at the age of 16 and conscription into the army will take place at the age of 18 (that is, emancipation does not affect these factors).

An emancipated person remains so after a divorce. Full legal capacity can be deprived only if the marriage is invalid according to a court decision.

Source: http://ksprf.com/zakluchenie-braka/uslovija/osobennosti-registraciji-nesovershennoletnih.html

Marriage of minors: what the law allows

In Russia, the age of marriage is set at 18 years. However, the law allows for the possibility of marriage at 16 years of age or even earlier. According to Art.

13 of the Family Code of the Russian Federation, if there are valid reasons, local government bodies at the place of residence of persons wishing to get married have the right, at the request of these persons, to allow persons who have reached the age of sixteen to marry.

The procedure and conditions under which marriage, as an exception and taking into account special circumstances, may be permitted before reaching the age of sixteen years, may be established by the laws of the constituent entities of the Russian Federation.

The lowest marriage age of 14 years is established in the Chechen Republic, the Republic of Adygea, Moscow, Tyumen, Kaluga, Tula, Vologda, Oryol, Nizhny Novgorod, Tambov regions, Jewish Autonomous Region, Khanty-Mansi Autonomous Okrug.

The marriageable age is 15 years old in the Chelyabinsk, Ryazan, and Murmansk regions. The procedure and conditions for obtaining permission for early marriage for persons over 16 years of age are established by local authorities; for persons under 16 years of age - by regional authorities.

Conditions and procedure for marriage of persons under 18 years of age:

• presence of valid reasons;
• availability of permission from local authorities;
• voluntary consent of persons entering into marriage.

So, the main condition is the presence of good reasons. But what do we mean by “good reasons”? In practice, the following are recognized as valid reasons:

• pregnancy,
• the birth of a common child,
• immediate threat to the life of one of the parties,
• actually existing marital relations (civil marriage),
• conscription of the groom to serve in the Russian Armed Forces, etc.

However, there are other cases that may be recognized as valid by local governments. Each such issue is resolved individually. Each region, as a rule, has its own list of valid reasons, taking into account national, cultural and other characteristics. So, in Moscow and the region, according to Art.

2 of the Law of the Moscow Region “On the procedure and conditions for marriage in the Moscow region of persons under the age of sixteen” dated April 30, 2008 No. 61/2008-OZ, special circumstances giving the right to obtain a marriage license to a person (persons) , under the age of sixteen, are pregnancy, the birth of a common child (children) among citizens wishing to get married, an immediate threat to the life of one of the parties.

Minors wishing to get married must submit the following documents to the administration of the district, city, district in the city at the place of state registration of marriage:

• applications from persons wishing to get married;
• a document confirming the presence of valid reasons (medical certificate of pregnancy, birth certificate of a joint child, certificate from the military registration and enlistment office, etc.);
• original and copies of birth certificates;
• passports and copies of passports;
• statements of parental consent to marriage (not required, but desirable);
• certificates from the place of work (study) indicating the salary of persons wishing to get married (required in most cases).

Not only those getting married themselves, but also their parents, guardians, trustees, other persons and institutions who are raising minors can apply to lower the age of marriage (Part 2 of Article 123, Part 1 of Article 147 of the Family Code RF). However, in this case it will also be necessary to obtain the consent of the persons entering into marriage.

The period for consideration of applications in most cases, including in Moscow and the region, is 20 calendar days from the date of registration of applications after submission of the necessary documents.

A marriage license is issued by a resolution of the Head of the Administration of a district, city, district in a city at the place of state registration of marriage. The specified resolution has a one-time value and is designed for a specific case.

After receiving permission, the marriage is registered in the usual manner provided for by the Federal Law “On Acts of Civil Status”.

Is parental consent required for early marriage of children?

The consent of legal representatives is not a mandatory legal condition for registering an early marriage, although their opinion is taken into account. A parent (parents) who disagrees with the decision of the registry office has the right to appeal this decision to the court.

Legal consequences of early marriage

A person who marries before reaching the age of 18 automatically acquires full civil capacity, i.e. becomes emancipated (Article 21 of the Civil Code of the Russian Federation). This means that in his rights and responsibilities he is equal to an adult.

It is important to understand that from the moment of marriage registration, yesterday’s children acquire not only a whole range of rights, but also a baggage of responsibility for all their actions - be it obligations from causing harm or administrative liability. The acquired legal capacity remains even in the event of divorce before the age of 18.

The only thing that can return a teenager to his previous legal status is the recognition of the marriage as invalid by the court.

Read also in the “Law” section: What awaits parents whose children stay out later than expected? How does the Ombudsman help children? Establishing paternity on a voluntary basis

Source: https://letidor.ru/pravo/brak-nesovershennoletnih-chto-razreshaet-zakon.htm

Marriage with 16-year-olds: can the Family Code of the Russian Federation allow marriage with a minor citizen?

According to Russian law, marriage can be concluded from the age of 18 upon the onset of full legal capacity. The statistics of early marriages is growing every year. The Family Code of the Russian Federation provides for situations when marriage can be entered into before the age of 18. The procedure for registering unions of minors is determined by regional legislative acts.

Reasons for marrying a minor

The age from 16 to 18 years is considered a period of incomplete legal capacity. In certain art. 13 of the Family Code of the Russian Federation, cases permit the conclusion of a marriage union by a citizen who has reached 16 years of age.

The reasons for concluding an alliance are described in regional legislation. It could be:

• pregnancy;
• the birth of a child or the presence of common children;
• cohabitation;
• threat to life;
• difficult life situation;
• call for military service of the groom.

Conditions for marriage at 16 years of age

Citizens of the Russian Federation can register a union from the age of 16 if the following conditions are met:

• a respectful reason;
• minors' request for registration;
• permission from local authorities;
• the absence of a marriage between both, the status of an adoptive parent and an adopted child, or a close relationship;
• mental health.

A joint statement provides for mutual agreement and the absence of reasons preventing this. Documents must be submitted in person to the registry office or MFC. The reasons must be documented. In addition, it is necessary to submit a reference from the place of study, work, and a review of the guardianship authority about living conditions.

Marriage license and registration procedure

The procedure for issuing permits is determined by local governments in the relevant regulations. The heads of district and city administrations can authorize entry into the union. The application is submitted by minors in person along with documents confirming special circumstances.

Each submitted document is considered individually. A refusal by local authorities to issue a marriage license can be appealed in court. The consent of parents, guardians, guardians for the registration of a union of minors is not required.

Consequences of marriage of minors

When minors marry and become parents, they become equal in rights to adults.

By officially registering a relationship, citizens under 18 years of age acquire full civil capacity, which means they bear administrative and criminal liability.

In this case, minors acquire and exercise civil rights and bear independent civil responsibilities.

When is a marriage with a minor invalid?

A marriage of minors may be declared invalid on the same grounds and in the same manner as a marriage of adults. To declare a marriage invalid is to declare it non-existent. This procedure is different from divorce.

Procedural issues Invalid marriage Divorce Who is declared by the court The registry office, the court Legislative grounds the desire of the spouses Who can initiate the spouse, parents, prosecutor, guardianship authority spouse Legal consequences are canceled, the marriage contract becomes invalid, property passes from joint to shared remains in force

Legislative grounds for declaring a marriage union invalid:

• compulsion;
• deception, misrepresentation;
• drug, alcohol addiction, mental illness of one of the spouses;
• conclusion without dissolution of the previous union;
• blood relations;
• between the adoptive parent and the adopted child;
• concealment of a serious illness - sexually transmitted disease, HIV;
• fictitiousness.

One of the couple whose rights were violated during registration may demand compensation for material and moral damage from the other party. Recognition of a union as invalid does not affect the rights of children or the responsibilities of parents.

Source: https://SemPravorf.ru/brak/nesovershennoletnih.html

Conclusion and dissolution of marriage: concepts, procedure and conditions

Only a family union of a man and a woman, which is registered by the registry office, is a legal marriage, giving rise to personal non-property and property rights and obligations of the spouses. However, in order for the conclusion and divorce of marriage to be legally recognized, the procedure and conditions for registration must be observed.

Read also: Is there a benefit for a single mother when her child enrolls in kindergarten?

Marriage is the main institution of family law in Russian legislation. It is on this that the emergence of many rights and obligations of spouses to each other is based.

What is marriage

In our country, marriage is understood as the union of a man and a woman who have decided to form a family relationship, concluded on equal terms. The conclusion and dissolution of a marriage give rise to certain obligations and rights of spouses in relation to each other, to property and children.

The main features of entering into a marriage union:

1. Voluntary expression of the will of citizens to create a family;
2. In law, marriage can be considered as a state along with other relations between citizens, which are actions and events.
3. The official marriage union is concluded in the registry office. Civil marriage or marriage based only on national or religious customs and rituals is not recognized by the state and does not legally exist. The only exception is marriages concluded during the Great Patriotic War on the occupied lands of the USSR.
4. Marriage establishes and regulates the personal non-property and property rights and obligations of spouses to each other.

Marriage itself, which is the main institution of family law and a subbranch of civil law, includes the following legal norms:

1. Conclusion and dissolution of marriage:
   1. Conditions for marriage;
   2. Procedure for registering marriage;
   3. Procedure for divorce;
2. Conditions and procedure for recognizing a marriage as invalid;
3. The emergence of personal non-property and property relations between spouses and ways to regulate them.

In the countries of Europe and America, marriage is the conclusion of a civil legal agreement between a man and a woman - a marriage contract, while in Russia future spouses tie the knot in the registry office and define all their future property as common.

Conditions for marriage

So, the main conditions for marriage under Article 12 of the Family Code of the Russian Federation, in case of violation of which the marriage will be declared invalid:

1. Voluntary consent of both parties;
2. Writing an application for marriage by both parties with a passport attached;
3. Future spouses reaching marriageable age:
   1. Age of majority – 18 years;
   2. Under exceptional circumstances - 16 years (pregnant girl). Permission from the local government authorities at the place of residence of the future spouses is required.
4. Personal presence of citizens getting married;
5. There are no circumstances preventing marriage. For example, an undissolved previous marriage, etc.
6. 30 days must pass from the date of filing the application for marriage with the civil registry office (civil registry office). Valid reasons for postponing the wedding date to a date earlier or vice versa later than the established 30 calendar days:
   1. During pregnancy;
   2. Birth of a child;
   3. If the life of one of the future spouses is threatened;
   4. Other circumstances that deserve respect from employees and a transfer of the date to an earlier date.
7. It is better to apply for marriage registration at your place of residence.
8. If the bride or groom has already had a marital relationship, the registry office will require a certificate of divorce.

If employees of the civil registry office refuse to register a marriage, then citizens who wish to get married can appeal this decision in court.

Please note that civil registry office employees cannot refuse to register a marriage based on religious, national, racial or other beliefs if all the conditions for marriage are met. In our country, marriage is considered universally recognized.

When is it legal to get married at 16 years of age?

In the above paragraph, we have mentioned that the age of marriage can be moved from 18 years to 16 years for valid reasons, taking into account the circumstances. For this purpose, the law of the Russian Federation establishes special procedures and conditions:

1. Good cause required;
2. Permission from local authorities at the place of residence of the future spouses;
3. Having a valid reason:
   1. Pregnancy and childbirth;
   2. The presence of an already established marital relationship with a person under 18 years of age. In other words, a confirmed civil marriage.

To obtain the consent of local authorities, you must submit a written application at your place of residence (Article 13 of the Family Code of the Russian Federation). The application for permission to marry minors must be accompanied by documents confirming the existence of special circumstances:

1. Certificate from any medical institution about pregnancy;
2. Child's birth certificate;
3. Sometimes a certificate from the guardianship and trusteeship authorities may be required stating that there are no obstacles to marriage;
4. Other documents.

For persons under 16 years of age to marry, the consent of parents and guardians is not required.

When marriage is not allowed

In our country it is prohibited to marry under the following circumstances (Article 14 of the Family Code of the Russian Federation):

1. Citizens who already have a registered (legal) marriage with another person. In other words, bigamy, etc. is not allowed;
2. Citizens who are close relatives:
   1. Relatives in a direct ascending/descending line (parents and children, grandparents and grandchildren);
   2. Full and half-siblings;
   3. Adoptive parents and adopted children.
3. Marriage is not permitted if one of the spouses is declared incompetent by a court due to a mental disorder. There is a court decision.
4. In the absence of consent on the part of one of the spouses:
   1. When representing one of the spouses by a legal representative, due to the lack of personal presence and consent.
   2. When one of those entering into marriage gives his consent under pressure, both physical (beating) and moral pressure - threats, blackmail, etc.

In the Russian Federation, monounions (gay marriages, etc.), as well as any propaganda of them, are prohibited.

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In addition, a civil marriage or other unregistered relationship of the bride or groom with a third party is not considered an obstacle to marriage. In this matter, only the moral standards followed by those getting married and their personal attitude to what is happening apply.

Conditions for divorce

Unfortunately, marriage and divorce often coexist not only in the Family Code, but also in life. According to statistics, about a third of marriages break up over time, so even if you have full confidence in your partner, it is better to study the conditions and procedure for divorce in advance.

The Family Code does not contain the concept of “divorce”; this is replaced by the termination of a family connection.

However, it is the Family Code that regulates the conclusion and dissolution of marriage, and therefore the conditions and procedure for divorce can also be found there. To dissolve a marriage, it is enough for spouses to:

1. Come to the registry office and submit an application for divorce;
2. Or apply to the judicial authorities with a claim for divorce and division of property.

In the absence of obstacles, divorce is carried out only at the request of one of the parties.

The conditions for divorce are:

• Wishes of the spouses:
• At the request of one party, if the second:
  • Declared missing by the court;
  • Died;
  • Recognized by the court as incompetent.
• Also, divorce by unilateral desire is allowed if the other party is serving a sentence in a colony. Condition: Serving at least three years;
• At the request of the guardian of the party declared incompetent by the court.

When it is impossible to dissolve a marriage at the request of one of the parties

Article 17 of the Family Code of the Russian Federation specifies the circumstances in the presence of which unilateral dissolution of marriage is not permitted:

1. Wife's pregnancy. Exception: if she gives her consent to the divorce;
2. Raising a child up to one year old.

In addition, divorce in the presence of a common minor child is allowed only in court.

Procedure for divorce

The conclusion and dissolution of marriage are formalized in the civil registry office (registry office). Therefore, it is better to file for divorce at the registry office if there are no circumstances requiring court intervention.

The procedure for divorce is established in Article 18 of the Family Code of the Russian Federation.

According to the advice of lawyers, it is easier to file for divorce at the registry office, because you do not need:

• “Wash dirty linen in public”, i.e. explain to the civil registry office the reasons for your desire to divorce your spouse;
• Collect evidence about the impossibility of maintaining a family relationship with the other party in the future;
• The registry office employees will not be able to oblige you to try to maintain family relationships for a certain time.

However, be prepared for the fact that the registry office does not resolve family disputes related to the division of joint property, children and alimony for their maintenance. If these circumstances exist, the spouses will have to go to the courts of general jurisdiction to divorce the marriage (magistrate court) and resolve the conflict.

These circumstances are listed in Articles 21 – 23 of the Family Code of the Russian Federation:

1. Presence of common (natural or adopted) minor children;
2. The second party does not want to get a divorce or deliberately delays the process of divorce;
3. There are unresolved questions:
   1. Property division;
   2. Place of residence of the common child/children;
   3. Establishing alimony for a child or disabled spouse. It is also possible to establish alimony for the mother of a child up to three years of age.

The second reason is still less valid for going to court, since the chance to resolve the issue through the registry office remains, and therefore the court may refuse to analyze the application and send you back. If the judicial authorities accept the application, then prepare for the hearing to be open. However, at your request, the court will make concessions and conduct it in a closed manner.

Since the conclusion and dissolution of a marriage initiates the emergence of property relations, it is better to take care of the possible emergence of disputes in advance and draw up a prenuptial agreement.

A marriage is considered officially terminated from the moment (Article 25 of the Family Code of the Russian Federation):

1. Issuance of a divorce certificate. About a month after filing for divorce;
2. From the date of entry into legal force of the relevant court decision, i.e. termination of the period for its possible appeal in court. If one of the parties filed an appeal, then the family relations of citizens cannot be interrupted.

To appeal a court decision on divorce, only 10 days are given from the date of the court decision.

Conclusion

So, the conclusion and dissolution of marriage becomes the reason for the emergence of certain relationships between a man and a woman.

• Marriage gives rise to personal non-property and property rights and obligations of the spouses;
• And divorce, in turn, is the reason for their termination. With the exception of issues related to children and their provision.

The main condition for the conclusion and dissolution of a marriage is the voluntary consent of the woman and the man and compliance with the norms specified by the Family Code of the Russian Federation and other legal acts.

Please note that Russian legislation is constantly changing and the information we write may become outdated. In order to resolve the issue you have, you can contact a free consultation with the site’s lawyers at the bottom of the article or on the right side of the screen.

Source: http://famdivorce.ru/razvody/zaklyuchenie-i-rastorzhenie-braka/