Chapter 3. Conditions and order of marriage

One of the main principles of US family law is the principle of recognition of marriage only such a union of men and women, which is concluded in the registry of civil status acts (Article 1 of the Criminal Code of the United States).

State registration of acts of civil status is established with a view to protecting the property and personal non-property rights of citizens, as well as in the interests of the state (paragraph 1 of article 6 of the Civil Status Act).

The procedure for marriage is determined not so much by the norms of the US SC, as the provisions of the Civil Status Act.

Registration of the conclusion of marriage begins with the application of persons wishing to marry. As a rule, the application is submitted jointly by a man and a woman to any body of civil registration in the United States at the option of persons marrying. Previously, the existing legislation provided for in this part, other rules: the marriage could be concluded only at the place of residence of one of the persons entering into marriage, or his parents.

The requirements defining the content of the application are specified in cl. 26 of the Law on Civil Status Acts: it must confirm the mutual voluntary consent for the marriage, as well as the absence of circumstances preventing marriage. In addition, the application must include the following information: surname, name, patronymic, date and place of birth, age on the day of state registration of marriage, citizenship, nationality (indicated at will of persons), place of residence of each of the spouses; the names that the applicants will wear in their marriage; requisites of documents certifying their identity.

Persons entering into marriage, sign a joint application for marriage and indicate the date of its compilation.

Simultaneously with the filing of a joint application for marriage, you must present the documents proving the identity of the marrying citizens. If the applicants or one of them were previously married, then a document confirming the termination of the previous marriage must be submitted. If the person or persons entering into marriage are minors, it is necessary to grant permission to marry before reaching the marriageable age.

If one of the persons entering into marriage can not personally appear in the registry office to file an application, then the expression of the will of the man and the woman can be expressed by separate statements. In this case, the signature of the person who is not able to appear in the registry office must be notarized.

As a rule, the marriage is made in the personal presence of the persons marrying, after a month from the day they submit their application to the civil registry office. If there are valid reasons, the Civil Registry Office may authorize the marriage before the expiry of the month, and may also increase this period, but not more than a month (Article 11 of the Criminal Code of the United States). Among the good reasons can be attributed: the direction of one of the persons entering into marriage, on a long-term business trip; moving to a permanent place of residence in another locality; severe illness and other circumstances, the presence of which must be confirmed by appropriate documents.

The procedure for state registration of marriage is of great importance also because at this stage the persons who marry confirm their voluntary consent to marry, expressed in advance in the application for registration of the marriage. It is at this time that consent to marriage becomes legal and becomes a condition for marriage.

The legal significance in the marriage ceremony is: the expression of consent of a man and a woman and the commission of an act of marriage. From a legal point of view, the registration of marriage is precisely the introduction of an appropriate entry in the register of registrar bodies. The record must contain the following information: the names of the parties before and after the marriage, their names and patronymics, dates and places of birth, the age of each of the spouses, their citizenship, nationality (indicated at will of the persons), the residence of each of them, information about the document confirming the termination of the previous marriage, the date of compilation and the number of the record, the name of the registry office, which registered the marriage, the series and number of the issued certificate of marriage (Article 29 of the Act on Civil Acts TATUS).

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