The statistics of our country shows that in the past few years, marriages between citizens of different countries have become more frequent. Compared with the previous period, their number increased by about 30 percent. Consular marriage is a union made between two loving people who are registered as citizens of different states. The family is registered at the consulate of one of the event participants.
At first glance, everything looks very simple, but in reality there are many pitfalls, and any mistake, deviation from the rules can lead to the fact that the marriage is recognized as invalid. Spouses may also be held accountable for such an action. Therefore, it is very important to find out what the concept of consular marriage means and to clarify all the nuances of its conclusion before holding the ceremony.
Main
Given modern legal theory, we can safely say that people have the opportunity to hold a wedding ceremony in the diplomatic missions of the countries of which they are citizens. This is necessary if a person decided to start a family, being outside the borders of his country, but wants to legitimize relations with a loved one.
Consular marriages in private international law may be registered by a consul or ambassador. These representatives of different countries have special powers that allow them to fix the marriage and carry out all the necessary legal functions.
Conditions
The main condition for such a marriage is that both partners will become citizens of the education provided by the embassy. In other words, marriage from a legal point of view will take place on the territory of a particular country, since a diplomatic institution is a remote representation of the state and, accordingly, is considered an integral part of it.
Consular marriages are concluded between a citizen of the country in which the consulate is located and those who were born and raised in the state represented by the diplomatic institution. That is, a native of the embassy country and a representative of any other country participate in the marriage. But it is worth considering that this practice of concluding marriage unions is far from always applied.
Legislation
Consular marriages are official unions that must comply with the norms of the family code of the Russian Federation, they are presented in Article 157. The unions of foreign citizens who enter into our territory are recognized as legal. For example, two Frenchmen, staying on the territory of our country, decided to legitimize their relationship. They can do this at their embassy office.
But if representatives of different states decided to conclude an alliance, then their decision may entail a chain of undesirable and difficult legal consequences. Consular marriage is a complex undertaking from the point of view of bureaucracy. The basis for this can serve as a conflict of laws of different countries. For example, the civil law of our country allows marriages conducted in France. But the marriage in Andorra will be called into question, and a person with the help of legal representatives and lawyers will have to prove how true this marriage is from the legal side.
Consular marriages in MPP
Private international law is a system of codes and laws of national law of countries. In addition, this includes consular agreements governing the rules for the recognition and conclusion of civil acts.
The Hague Convention, adopted in 1978, acts as the main regulatory act harmonizing mixed-type marriage unions and conducting remote marriages. According to this document, the following issues are regulated: the conduct of the marriage procedure between citizens of agreed countries and the rules for recognizing this marriage in those countries whose citizens have legalized their relationship.
Family Code of the Russian Federation
The Family Code acts as the basis of Russian national legislation, which affects the sphere of family relationships between people. If consular marriages are made, account must be taken of Article 157 of the RF IC. Its meaning is that our state recognizes the marriages of Russian citizens concluded on the territory of embassies of other countries.
She also takes into account that the state recognizes marriages between our citizens that they have entered into at our missions in other countries. Russia also legalizes the unions of foreign citizens registered within the representative offices of the consuls and ambassadors of the countries they represent.
Marriage Features
Private international law recognizes the principle of reciprocity. It is understood that different states may coordinate the registration of consular marriages among themselves. This is possible only if the union is between people who are citizens of the states participating in the agreement. There are several forms of the basic rules of this type of unions:
- Traditional.
- Wife with several husbands.
- A husband with several wives.
- Same-sex marriage between women.
- Same-sex marriage between men.
The moral principles of Russia recognize only the first option, but this does not affect the possibility of concluding other types of unions on the territory of consulates and embassies. But still there are some restrictions that you should definitely consider in order for a marriage to be considered legal from a legal point of view.
Both spouses must be of the minimum age according to the laws of both countries. In most states, like ours, consular marriage is a marriage concluded between people who have reached at least 18 full years. It is also important that there is no kinship between them. It is understood that unions cannot be concluded between children and parents and brothers and sisters. Between them there is no contract of guardianship for orphanhood or legal capacity. Both members of the marriage are required to be fully competent. Also, the union should not be coercive, but completely voluntary for both parties.
Conclusion procedure
Wedding procedures in the registry offices and consulates are not particularly different from each other. In fact, consular marriages are standard procedures for confirming the legality of family relationships between people. According to the current Family Code, citizens who wish to enter into an alliance are required to perform the following actions: to come to the mission with a statement that contains all the necessary data of both spouses, including F. I. O., date of birth, passport details, address of registration and age.
After this, the consul must make sure that the intentions of the bride and groom do not have any violations under them. This means that he checks documents, requests death or divorce certificates from previous partners, confirms that none of the spouses is in a legal relationship with other people, both have reached the required age and the like. Further, future spouses must pay all state fees. Tariffs are taken into account by the laws of countries whose citizens are the bride and groom. And after this, all the necessary documents are completed and issued to the hands of the spouses.
Nuances
If Russian citizens have married outside the Russian Federation, they can receive all the necessary documents at the consulate, the legal force of which is fully confirmed. But as soon as they return to their homeland, they will still have to come to the official local registry office, since the embassy does not put a stamp on their passport. Only after reconciling all documents and affixing a stamp on the desired page, the marriage will be considered legalized. If foreigners held a ceremony on the territory of their consulate, then the marriage is recognized as legal according to the principle of reciprocity.
Pros and cons
Consular marriage is not only an opportunity for people to consolidate their relations at the legal level, but also the possible creation of additional problems that have not very good consequences. Consider the benefits that this type of union provides:
- A person who has married a foreigner at a consulate in Russia receives a second citizenship corresponding to the place of residence of the spouse.
- If children are born in marriage, they automatically become citizens of both countries at once.
- The family has much more opportunities to travel after the conclusion of the marriage.
- There is an opportunity to learn a new language and culture of another country.
- There are no obstacles to getting education in the territory of the state of the spouse.
- There is an opportunity to freely get a job or develop a business in both countries.
At the same time, marriage with a citizen of another country has its drawbacks, which must be taken into account before deciding to go to the consulate and make the relationship legal:
- When entering into marriage, a person is required to comply with the laws and traditions of the state of the spouse.
- It is not always easy to study and understand the mentality of another country.
- There is always a threat that marriage can be considered fictitious or invalid.
- If in the state of the spouse polygamy is accepted, then in the end a person may not be the only loved one.
- If the children were born in a foreign country, it has the right not to allow them to be taken to your homeland.
- The spouse's state may less value the rights of its citizens.