From this article you will learn what difficulties await you when registering a marriage with a convicted or under investigation person. You will also find out how much money you will have to pay, the amounts will be much higher.
An application to register a marriage with a convicted person must be certified: by a notary or the head of the colony, pre-trial detention center
Clause 2 Article 26 of the Federal Law “On Acts of Civil Status”
Registration of marriage in a pre-trial detention center
The only place where you can officially get married is the registry office (Article 10, Part 1 of the RF IC). However, citizens who are under investigation, convicted and serving a sentence in prison or penal colony do not have the opportunity to appear in person at the registry office. Although they are not deprived of the right to start a family.
The law allows you to marry a prisoner in a pre-trial detention center, regardless of who is under investigation - the groom or the bride. Official registration takes place in the pre-trial detention center.
The procedure for registering a family union in a pre-trial detention center is fully consistent with the general provisions of the Family Code. The procedure is carried out strictly in the presence of the bride and groom. There can be no exceptions involving a third party to represent one of the parties by proxy.
Differences from registration in other places
The marriage procedure is always the same. It is carried out in a room on the territory of the pre-trial detention center or colony where the convicted person is serving his sentence. To get married in a pre-trial detention center, you need to contact the investigator in charge of the case or the judge. If the future spouse is in a colony, they write an application addressed to the head of the penal colony.
The newlyweds will have to do without a formal registration with flowers and champagne. Guests will also not be allowed to be invited to the pre-trial detention center. If the wedding is in a zone, the administration may allow no more than 2 people from one newlywed couple to be invited.
The exception is citizens who are serving their sentences in a penal colony. They have the right to visit the registry office in person to get married, since during the day they are outside the correctional facility, working in the city or town. The newlyweds also have the opportunity to invite guests and even modestly celebrate the event at a local club. But this condition is discussed with management and decided strictly on an individual basis.
If the spouses decide to register in the colony, they will receive the right to a long (3 days) visit. If one of the spouses is in a pre-trial detention center, then this is impossible; visits can only be obtained after a verdict has been passed.
After completion of the procedure, the marriage is considered concluded, and the newly minted spouses have rights and obligations set forth in the Family Code. Although it is possible to marry a prisoner, the husband and wife will not be able to live together until the end of their sentence.
Reasons for getting married in a pre-trial detention center
The reasons that motivate you to marry a prisoner in a pre-trial detention center are not always romantic. In most cases, people decide to sign if:
- A woman is pregnant and wants the child to be born in an official marriage.
- You need to get married to settle inheritance matters.
- It is necessary to secure the legal basis for ownership of property.
- Get the legal opportunity not to testify against your husband or wife.
- Obtain the right to short and long visits with a prisoner in a colony. “Common-law” spouses are often denied this right, but official spouses can meet from 2 to 6 times a year, depending on the prison regime.
A wedding does not give you the right to receive parole. A prisoner should not count on a lighter regime or receiving any other bonuses.
If the application is submitted by someone who is free
If a person who is free expresses a desire to register his relationship with a prisoner, then he needs to contact the registry office that is territorially related to the area where the colony is located. There you need to receive an application form and a receipt for payment of the fee.
Next, you need to fill out one part of the application and pay the fee. The next stage is searching for a notary who will agree to travel to the colony (this service can cost from 2 to 10 thousand rubles).
The notary must obtain permission to visit the correctional facility, where the prisoner must fill out his part of the application. The completed form and receipt of payment of the fee must be taken to the registry office, where the registration date will be set.
No later than 5 days in advance, you should contact the colony administration (or the investigator, if the future newlywed is in a pre-trial detention center) to obtain permission for the ceremony. On the appointed day, you need to order transport to take the registry office employee to the place and take you back. After the newlyweds receive the certificate, the marriage is concluded.
If the initiator of the marriage is a prisoner
With the question of whether he can get married in prison, the prisoner turns to the administration of the correctional institution or to the investigator if he is in a pre-trial detention center. If the future newlywed is not in isolation and does not have a large number of disciplinary sanctions, then he will be given an application form.
The administration invites a notary, in whose presence the prisoner fills out his part of the application. Next, you need to pay the state fee and notary services (these costs fall on the shoulders of the future spouses).
A half-completed application is handed over by the administration to the person with whom the prisoner wishes to marry. He is also informed which branch of the registry office he needs to submit documents to. The second party fills out their part of the application and brings it to the registry office. There they set a registration date (usually in 1 month). During this time, the future newlywed, who is free, must have time to obtain permission from the investigator or the administration of the colony to visit the place of detention on the day of registration.
Is it possible to legalize a relationship if one of the newlyweds is a convicted person?
People in prison have every right to register and marry. This is supported on the basis of the Federal Law of November 15, 1997 No. 143-FZ “On Acts of Civil Status”.
But before you make such a decision, you need to understand the full essence of the possible consequences for yourself and your children. For example, the wife of a convicted person or her children will not be able to get a job in the government sector, in banks, or under a military contract. Each of these places has a special security service that checks candidates for the position and their spouses for criminal records.
Most often, they enter into an alliance with a prisoner to get dates. After all, persons who are not relatives cannot obtain the right to attend long visits.
In this case, the marriage will take place not at the place of registration of one of the newlyweds, but at the place of imprisonment. Usually, places of detention are located far from their hometown.
What is required for registration
To register a marriage, not only the consent of the bride and groom is required, but also a number of documents:
- Passports. Must be on both sides. If the convicted person is in a pre-trial detention center, then you need to make sure that the identification document is on file.
- Statement. It is written on a special form, each party fills out its part and signs.
- Documents regarding divorce or death of the previous spouse. These papers are needed if one of the spouses has already been in a registered marriage.
- A certificate authorizing registration before the legal age for marriage. Appears if the bride or groom is a minor.
- Permission to conduct the ceremony, issued by the administration of the colony or the investigator.
Sometimes the list may expand. If one of the parties has foreign citizenship, then a certificate with a translation into Russian will be required indicating the absence of marital obligations.
Do I need permission from a judge or other authorities?
To register a marriage with a convicted person, permission from the colony administration is required. If a person is under investigation, then it is necessary to contact the body responsible for the case, that is, the investigator or the court.
How to draw up and submit an application
An application for permission to register a marriage is submitted to the head of the colony, and if the future spouse is in a pre-trial detention center - to the investigator or judge. It must indicate the passport details of the applicant and the person with whom you plan to marry. An extract from the registry office on the appointed date of registration must be attached to the submitted application.
The application must ask for a meeting on the appointed day to formalize the marriage. It is also worth providing a list of items that you plan to take with you in order to obtain permission.
How to get permission
Three days after submission, you need to clarify the status of the document. Sometimes it happens that for some reason the application is rejected. Then registration will not take place.
If an unreasonable refusal follows, you can file a complaint with a higher authority.
State duty
The state duty is 350 rubles. You can pay it at any bank or use the State Services portal.
In what cases is refusal possible?
The law does not restrict the rights of prisoners and convicts to marry. Therefore, refusals can only be legal on the grounds listed in the Family Code:
- future newlyweds must be of legal age (in special cases, registration is possible from the age of 16);
- the newlyweds must express their consent to the marriage; any coercion from either party is unacceptable;
- Registration is prohibited if one of the newlyweds is already in a previously registered marriage (a divorce must first be filed);
- it is impossible to register a marriage between persons of the same sex;
- do not register marriage relations of blood relatives, adoptive parents and adopted children;
- Registration is prohibited if at least one of the newlyweds is recognized as having limited legal capacity.
They may refuse if the passport of one of the parties is expired. To correct the situation, a replacement document is required.
Another legitimate reason for refusal is the prisoner’s violation of discipline followed by his subsequent placement in an isolation ward. In this case, you can try to postpone the registration date to a later date.
What to do in case of refusal
If a citizen believes that he was denied wrongfully, he can file a complaint. First you need to try to appeal the decision to a higher authority. If the refusal came from the investigator, then you should contact the head of the department or the Investigative Committee.
If this does not have the desired effect, which is rare, you can contact the prosecutor's office.
Required documents
The list of documents that must be submitted in order to register a relationship with a person who is in a correctional institution does not differ from the general list. So, what list of documents must be presented?
- Statement.
- Passports of the newlyweds.
- If someone entering into a marriage has previously been married, they must provide a divorce certificate, a court decision of nullity, or a death certificate of the spouse.
- If minors are getting married, they must provide a marriage license.
Important !
If a foreign citizen gets married and there is no mark on his marital status in his passport, the citizen must provide a certificate. The certificate is issued by a specially authorized body of your state. The certificate must be translated into Russian or written in it. The authenticity of the certificate must be certified by a notary, the consulate or the Ministry of Foreign Affairs. The certificate must contain information about the marital status of the foreign citizen.
Step-by-step algorithm for divorcing a convicted person
If you decide to get a divorce, you need to start by collecting documents, regardless of whether the marriage will be dissolved through the registry office or through the courts.
Documentation
To file a divorce you need to prepare:
- marriage registration certificate;
- a copy of the court verdict;
- passport;
- an application in form No. 11 or a lawsuit in court.
Sample application form 11.
Sample statement of claim for divorce from a convicted person.
You need to pay the fee immediately, and attach the payment receipt to the collected package of papers.
State duty
Pay the state fee before submitting your application. Its size is 350 rubles.
Going to court
The action plan is:
- Collect the necessary papers and write a statement, stating the essence of the matter.
- Send a copy of the application to the convicted person by mail with a delivery notification, and keep the notification.
- Submit the papers to the court and wait for notification of the hearing date.
- Attend the meeting and get a decision.
After 1 month, the court decision will come into force. Then you need to come with him to the registry office and receive a divorce certificate based on it.
Contacting the registry office
The documents are submitted to the registry office, in return the applicant is given a notification of acceptance. Civil registry office employees send the prisoner a notice of receipt of the application and ask him to inform him what surname will be assigned to him after the divorce (this is relevant for women who changed their surname during marriage).
After a month, the applicant can receive a divorce certificate from the registry office. The second spouse can receive this document in person after release or request it be sent by mail.
Property division
The presence of a spouse in custody will not prevent the division of joint property in accordance with the law. To resolve the issue, you need to go to the court at the location of the disputed property. The division follows the same rules that are used when resolving property disputes between spouses who are at large.
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.
Can I invite my friends?
In Russia, the majority of the population and the law still support traditional family foundations. Partners are registered after reaching the age of 18. This period is allowed to be reduced to 16 years by future parents if the bride is pregnant.
The grille does not exempt you from paying the state fee. But they can invite 2 guests. The presence of outsiders is documented and a permit is issued. Participants in the celebrations will have to contribute money to the state treasury for marriage with a prisoner and buy a certificate. Such certificates are not given out for free.
Sad or happy consequences?
Television shows have appeared on screens to tell society what an “amazing” relationship we have. Or talk about similar situations, so that some segments of the population will be amazed at the presence of a special form of perversion, a mockery of their own fate. Perhaps someone believes that a person who has dozens of destroyed lives on his conscience finally understood everything, repented, and changed.
There are examples when a newly-made wife is told about the injustice of sentences, corruption of courts and absolute innocence. The proof is unfounded allegations and blasphemy against the executive branch. The wife begins to work fruitfully, earning money for transfers, lawyers and collecting facts for early release.
Recently, the director of a leading television channel showed a filmed report about the romantic relationship of a former killer with an investigator fired from the authorities, and their wedding. They ask God for help in reducing the life sentence and are very sorry for the ruined 16 destinies. The wife herself chose a similar path and the consequences of marrying a prisoner of a special category, losing her career, putting romantic blinders on her eyes.
