Conditions for marriage
The Belarusian legislator provides clear conditions that must be met when entering into marriage. This is the achievement of marriageable age by the future spouses, as well as the absence of obstacles to marriage.
At the age of 18, persons become fully capable, and from this age it is possible to marry.
The second condition for marriage is the absence of the obstacles established by Art. 19 of the Code of the Republic of Belarus on marriage and family.
Circumstances Preventing Marriage
Barriers to marriage include:
– one of the persons is already married;
– there are direct family ties between the persons who applied with the application;
– at least one of the persons has been declared legally incompetent by the court.
If a person hides at least one of these facts, then the marriage may subsequently be declared invalid.
Age of marriage in Belarus
The age of marriage in Belarus is reaching eighteen years. At the same time, the legislator establishes exceptions to the rule on the age of marriage:
– pregnancy;
– birth of a child;
– the acquisition of full legal capacity by minors before reaching the age of majority (emancipation).
In the presence of one of these conditions, the registry office can reduce the age of marriage, but with a restriction – by no more than three years.
In accordance with Art. 18 of Marriage and family code lowering the age of marriage occurs at the request of the future spouses, while the consent of the parents or guardians of minors for marriage is not required.
Registration of marriage in Belarus
Marriages in Belarus are registered by state bodies registering acts of civil status at the place of residence of one of the spouses or their parents. In this case, the parent’s passport is required.
In exceptional cases, marriage registration can be carried out at home, in a hospital, etc. You can also solemnly marry outside the premises of the registry office.
Documents for registration of marriage through the registry office (ZAGS)
The future husband and wife apply to the registry office. At the same time, in the application, they confirm that there are no obstacles to marriage, and also indicate the following circumstances:
– what surname they wish to choose;
– whether each of them was previously married;
– whether they have children in common.
Together with a statement from both persons, the following will be required to register a marriage:
– passports of those entering into marriage;
– receipt of payment of state duty.
Procedure for state registration of marriage
According to Art. 212 of Marriage and family code, the registry office (ZAGS) must familiarize the persons entering into marriage with all the peculiarities of marriage registration.
Further, the registry office explains to future spouses the rights and obligations in marriage and warns that if a person hides facts that prevent marriage, he is declared invalid.
Art. 213 of Marriage and family code establishes that the day of registration of marriage is appointed by agreement with the persons entering into marriage. When registering a marriage, persons entering into a marriage must be present.
The marriage mark is entered into the passports of the future husband and wife. The record contains the surname, name, patronymic and date of birth of the spouse.
Deadlines for registering a marriage after submitting an application
The prospective spouses can agree with the marriage registration authority on the timing of the marriage registration. However, the Marriage and Family Code contains an indication that a marriage must be registered no earlier than three days and no later than three months from the date of the application.
State fee for registration of marriage
For registration of marriage in Belarus, you must pay a fee in the amount of 1 base unit. Today it is 29 Belarusian rubles.
You can pay the state fee both at bank branches and through Internet banking through ERIP.
Registration of marriage with a foreign citizen in Belarus
The legal system of Belarus allows marriages between Belarusian and foreign citizens. The procedure for registering a marriage in this case does not differ from the usual one, but the package of documents is special.
So, you need to submit to the registry office:
– statements from both parties;
– passports (for a foreigner – also a notarized translation of the passport);
– a certificate of absence of a spouse, legalized in a foreign state or with an apostille affixed;
– a document confirming the legality of a foreigner’s stay in Belarus;
– a receipt for payment of the state duty.
Registration of marriage and prenuptial agreement
The conclusion of a marriage contract is a voluntary desire of the husband and wife. Therefore, when registering a marriage, the conclusion of a marriage contract is not required.
At the same time, the legislator establishes that a prenuptial agreement can be concluded before marriage, as well as while in marriage. It turns out that a marriage contract can be concluded at any time between a husband and wife.
To conclude a marriage contract, you should contact a notary. The notary fee for certifying a marriage contract is set at about 200 Belarusian rubles.
Our lawyers and advocates have been dealing with issues of marriage in the Republic of Belarus for more than 10 (ten) years. If you have questions related to marriage and you need help or advice from a family lawyer in Belarus, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
