How to marry a prisoner. Features of a wedding in prison

There are no boundaries for loving hearts. If two people decide to formalize their relationship, then even prison bars cannot prevent them from doing so. But how to legitimize relations with a prisoner?

We will tell you about the main points you need to know in order to have a smooth wedding behind barbed wire. However, when marrying a prisoner, you won’t have to count on a magnificent ceremony. But we will talk about this below.

Attention! In correctional colonies, pre-trial detention centers and civil registry offices of different regions, some nuances may vary. It would be best if you clarify all the small details yourself. In specific institutions. And even before you begin to actively act.

How is marriage registered in a pre-trial detention center?

What steps should you take:

Find out whether the convicted person has a passport .

In the absence of an identity document, it will not be possible to register a marriage, even if all other mandatory requirements are met.

In such a situation, the painting will have to be delayed until the potential groom is released from the pre-trial detention center or transferred to a colony.

Having received a corresponding application from the convicted person, the colony management is obliged to restore the lost/damaged document. (An answer to a question about a passport can be obtained from the investigator, the head of the pre-trial detention center).

Visit the registry office located closest to the pre-trial detention center.

At the institution you need to take information for paying the state fee and a form for a joint application (form). You need to take several forms at once - to be on the safe side and to prevent a situation when some mistake is made while writing the application and you will have to go back to get the form again.

If there is unreasonable obstruction on the part of employees of the institution, remind them that there is Federal Law No. 143 dated November 15, 1997, obliging the bureaucrats sitting in front of you to register marriages in a pre-trial detention center located in the same area.

If it doesn't work, contact the prosecutor's office.

Find a notary willing to go to the pre-trial detention center twice:

• for obtaining permission to visit this institution (in some pre-trial detention centers they can issue a permission for a notary in your hands, without requiring the personal presence of a specialist) - the permission must indicate that it was issued “to certify the signature of the full name. in the application for marriage registration";
• to be present when the prisoner/s write an application about their desire to marry you and confirm the paper with an official stamp and your own signature.

Having received the application in hand, paid the notary and paid the state fee for the services of the registry office, go to this very institution to fill out your part of the application about the desire to marry such and such.

Then hand over the registration paper and find out the day when you can sign.

If local workers are unwilling to accept the application, remind them that what they are doing is illegal , which will certainly interest the prosecutor’s office.

Two weeks before the “X” date, take an extract from the registry office confirming the fact of filing an application for registration and scheduling the procedure on such and such a date.

With the extract, you seek permission to meet with the convicted fiancé on the day appointed for registration.

To do this, write an application asking for a date on such and such a day for the wedding, your full name and the full name of your future marriage partner. The application along with the extract must be handed over to the judge/investigator or to the expedition - they will tell you where on the spot.

After three days you can call and inquire about the fate of the application.

Just in case, you can once again make an appointment with the head of the special. part or deputy - to make sure that the passport of the convicted groom/bride will be in the detention center at the right time.

Having received permission for a date for marriage, take care of hiring a car for a civil registry office employee, who will take the registrar to the pre-trial detention center and back.

On day “x” you are going to the pre-trial detention center, not forgetting your passport and permission to visit.

The appointed registrar from the registry office calls back to the pre-trial detention center and receives information about the time when you can drive up and receive a pass to visit the pre-trial detention center.

In the car, you accompany the registrar to the detention center, where a government representative will receive a pass for himself and you.

Having entered the territory, go to the designated room for painting in the presence of the registrar and a representative of the pre-trial detention center. At the end of the procedure, the convicted marriage partner is given a corresponding stamp in the marital status column of the passport.

The same stamp will be given to the second marriage partner at the time of passing the checkpoint, since the document will have to be left at the entrance to the pre-trial detention center.

In a rented/own car, you and the registrar travel to your desired destination.

Necessary actions

To get married, a standard package of documents is required:

• Passports;
• If one of the future spouses was previously married, then he must provide a certificate of its dissolution;
• Citizens under marriageable age are required to obtain permission to marry from their legal representatives.

The application form is filled out by both parties. Since the convicted person cannot be present at the registry office, he can fill it out only in a correctional institution.

To do this, a notary is called, who obtains permission to enter the institution and certifies the authenticity of the convict’s signature. After this, the form is given to the person with whom the convicted person is marrying, and it is filled out by him.

Then it takes both passports (the convicted person’s passport must be collected from the educational institution with his prior consent), a form, a document certifying the authenticity of the signature, and carries these documents to the registry office. Registration is carried out by the registry office assigned to the MLS.

To register, you must pay a state fee, as well as pay for notary services.

After a month, the state registration of marriage is carried out.

The rules for its implementation are specified in the twelfth chapter of Order of the Ministry of Justice of the Russian Federation No. 189 “On approval of the internal regulations of pre-trial detention centers of the penal system.”

The administration of the institution (in agreement with representatives of the registry office) determines the premises for the official registration ceremony.

Each party can invite no more than two people, and all

people present at the ceremony must have written permission to stay within the institution, issued by the administration.

During the registration process, documents are signed and a mark is established in the passport, and a registration certificate is issued. Rings are generally prohibited from being worn in prisons.

Reference: when a person enters a pre-trial detention center, all procedures are similar, with the exception that instead of the administration, the process is led by an investigator.

Medical examination of persons entering into marriage in Russia is optional. What legal consequences occur after a marriage is declared invalid? Find out about it here.

How much does it cost to conclude a prenuptial agreement? Detailed pricing policy is described in our article.

What is required for registration?

In addition to the existing passports, you need to take care of the following paperwork:

• A statement of desire to register a marriage, accepted at the registry office.
• A receipt confirming payment of the state fee for the wedding procedure.
• An extract from the registry office (to confirm the fact of acceptance of the registration application and indicate the date of day “x”).
• Permission to visit a pre-trial detention center by a notary.
• Permission from the management to register a marriage on the territory of the pre-trial detention center.
• A pass to enter the territory of the pre-trial detention center (issued on the spot).

comparison table

Let's present the differences between registering a marriage in the MLS and outside in the form of a table:

Marriage registration permit: where and how to get it?

The person or body conducting the case of a person convicted/suspected of a crime.

For minors getting married or one of them, written permission for marriage from the parents/guardian and documents confirming the need for marriage (for example, pregnancy of the bride) are required.

Civil registry office employees do not need to submit any permitting documents to accept an application for marriage registration. Provided that there are no factors prohibiting the formalization of relations between two specific persons.

What documents are needed

Do not forget to take documents with you, it is advisable to also have copies of them:

1. The most important thing, of course, is to take the passports of the bride and groom.
2. a divorce certificate if one of the newlyweds was previously in an official relationship.
3. If you come from another city for more than 3 days, then you may need temporary registration . Other similar documents, such as hotel receipts, are also suitable.
4. a marriage license with you It is usually issued by the city administration.
5. Marriages between citizens of different countries are often registered in prisons. In this case, you need to take documents with a notarized translation.
6. In addition, you will have to pay a state fee of 350 rubles , and this will need to be done through a regular bank. With the form that the cashier will issue, you need to come to the colony or pre-trial detention center and show the documents to the chief. Otherwise, nothing will work out at all and you will have to go back. You'll be lucky if there's a branch nearby, but most often the colonies are located far from the city.

In general, be prepared for increased inspection and control at all stages. You can meet the notary in advance and come with him in the same car. This will be more convenient so as not to waste extra time.

Departure of a notary to the MLS

Paragraph 2 of Article 26 of Federal Law No. 143 provides that if one of the persons who are getting married is not able to personally come to the registry office or MFC to submit an application, then he can fill out his part of the application and certify the signature with a notary.

A certification made by the head of the pre-trial detention center or the head of the colony at the place of serving the sentence is equivalent to a notarized signature.

This approach of the legislator made it possible to simplify the procedure for preparing for marriage and make it more convenient for those getting married. This eliminates the need to pay for notary services.

On what grounds can registration be refused?

To register a marriage with a person who is in custody in a pre-trial detention center, it is necessary to exclude circumstances that could lead to a refusal to officially register family relations.

These are the grounds that are specified in Article 14 of the Family Code, namely:

• one of the partners is already in a registered marriage;
• marriage is planned between close relatives, half or full sister and brother;
• the adopted child and the adoptive parent are trying to unite in marriage;
• there are written documents confirming that one of the persons suffers from a mental disorder.

This list is exhaustive and cannot be supplemented by other circumstances. For example:

• marriage with a foreign citizen;
• lack of state registration at the place of actual residence;
• religious beliefs and other barriers

cannot be an obstacle to marriage.

The deadline for registering a marriage may be postponed until the end of the term of serving the disciplinary punishment of a person held in a pre-trial detention center or colony, in the form of placement in a punishment cell.

Dismissal after marriage to a convicted person

There are often cases when employees who work in a colony fall in love with prisoners and want to start a family with them. This is allowed, but you will also have to obtain permission from the administration and the head of the correctional institution.

The other day, an employee who works as an assistant to the governor said that she wants to go to prison to see a man with whom she has been corresponding for 2 years.

I was wondering if it would be possible for her to register the relationship. She was also very worried about whether she might be banned from work or fired after the wedding. We explained that there are no restrictions in the law on marrying prisoners. The employer also does not have the right to fire.

Recently they asked whether it was possible to hide from the employer the fact that there was a wedding with a prisoner. If you did not take his last name and did not change his passport, then there is no need to tell everyone about it. Of course, if management makes appropriate requests, then everything will be revealed. Ask for a vacation at your own expense or a weekend, one week will be enough.

Be careful: companies are now checking all relatives for criminal records.

Of course, for this reason the director will not refuse you a job, but will say that you do not have enough skills and experience. No matter how sad it is, no one understands why exactly your spouse is imprisoned, whether the investigation was carried out correctly, and so on. There are a lot of candidates for any job, especially during a crisis, they will always find a replacement for you.

There was recently a story with a woman from the Krasnodar region; she worked in a pension fund. I also decided to marry a man who was serving a sentence in a colony not far from the city. She had only 6 months left before retirement.

As a result, immediately after the wedding, management found out and fired her. Now the pension is 3 times less than it should have been. Think in advance whether you are ready to take such risks.

Is it possible to have a wedding in prison or in a maximum security colony in the Russian Federation?

Getting married “in the zone” is possible – according to statistics, the number of such marriages is increasing every year. In accordance with the legislation of the Russian Federation, a man and a woman who are not currently in an official union with anyone can enter into marriage.

Marriage is impossible if:

• the prospective spouses are blood relatives;
• if it is an adoptive parent and an adopted child;
• in cases where one or both spouses have limited legal capacity due to mental illness.

If on the day on which the wedding date is set, the prisoner is in a punishment cell or punishment cell, then the painting can be done only when he has already served this sentence.

Getting married will in no way affect the possibility of parole or changing the regime to a softer one; the birth of joint children will not affect this.

Possible problems and nuances

Despite the fact that you can get married in prison, as well as in freedom, you need to take into account the legal and social consequences of such a marriage for a free spouse.

Consequences of marrying a prisoner

Of course, most of the consequences of such an alliance come down to people’s prejudices, that is, they are of a social nature. But we must not forget about a number of legal consequences:

• The personnel policies of many large companies prohibit hiring relatives of prisoners. This is how the security service tries to protect the company from potential fraud and other crimes.
• After entering into such a marriage, it will not be possible to build or continue a career as a judge, investigator and prosecutor.
• You will not be able to get a job in educational institutions.
• It may be difficult to obtain visas from many countries.
• Danger of facing marriage fraud. While one spouse is in prison, the other works and acquires some property. After the spouse is released, he can file for divorce and demand division of property.

It must be taken into account that many prisoners, even after their release, retain bad habits and a high level of aggression. As a result, situations of domestic violence, alcohol abuse and relapse into criminal activity are common.

Dismissal after marriage

There are often cases where correctional officers have affairs with prisoners. If such an affair develops into marriage, then according to the law this does not threaten the work of this employee. They cannot fire him, but the marriage still requires the approval of the colony leadership.

In a situation where the prisoner is in another prison, an employee of the Federal Penitentiary Service may not advertise the fact of the marriage at the place of work at all. To do this, you need to hold the ceremony while on vacation (or taking a vacation at your own expense) and not change your last name when registering, and also not enter information about marriage in your passport.

Stipulated state duty

The amount of the state duty is determined by the relevant norm of the Tax Code and is only 350 rubles.

You can pay it in various ways:

• deposit cash at the cash desk of any bank that accepts payment for services, receiving a receipt with a note indicating that funds have been deposited into the account;
• go to the official website of State Services, select the appropriate option and make a payment;
• use Internet banking when paying state fees using a plastic card.

Watch the video. Wedding in a pre-trial detention center: