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assisting in the realization of civil and social rights
What Belarusians need to know when creating an international family
21.10.2023
Belarusians can get married to fellow citizens, foreigners, and even stateless persons both in their own country and abroad. Domestic legislation does not have restrictions on this matter. The main thing is that the bride and groom are free (do not have official second marriages), capable, and are not close relatives. Last year, for example, 7% of the total number of marriages in Belarus were with foreigners and stateless persons. However, when planning to tie the knot with a foreigner, in addition to great love and desire, one must also be aware of their rights and obligations in an international marriage, especially if children are planned in such a family. Elena Semenyuk, a consultant at the Department of Notariate and Civil Registration Offices of the Ministry of Justice, spoke about some peculiarities of marriage with foreigners.
Race, religion, citizenship — no obstacle
The increase in population migration, the free entry and exit of Belarusians abroad (without taking into account pandemic restrictions), the development of personal and business contacts — all this contributes to the emergence of family relationships involving a foreign element, the expert is sure:
— Belarusians have the right to enter into marriage without restrictions based on racial or religious affiliation. At the same time, it is important to remember that marriage is not a simple formality, but an important legal fact. Marriage, firstly, contributes to an increase in the sense of responsibility towards each other and towards the family that is being created. Secondly, the registration of marriage means its recognition by the state.
Each country independently determines the procedure for entering into marriage with foreign citizens, which is reflected in the internal legislations of states and the obligations that the country assumes when concluding or acceding to international treaties. According to Article 11 of the Constitution of Belarus, foreign citizens and stateless persons in the territory of our country enjoy the same rights and freedoms, and also fulfill the same obligations as Belarusians.
However, the prevalence of family relationships complicated by a foreign element requires reliable guaranteed rights of citizens in marital and family relations on the territory of Belarus, Elena Semenyuk emphasized:
— Article 228 of the Code on Marriage and Family stipulates that foreign citizens and stateless persons enjoy the same rights in Belarus as Belarusians, and also bear the same obligations. The form and procedure for concluding a marriage are determined by the legislation of Belarus, regardless of the citizenship of the persons getting married. In all cases, the marriage must be registered by the registry office chosen by the newlyweds.
However, a foreign fiancé or fiancée is not a panacea and not a guarantee of a long and happy life. When planning to marry a foreigner or marry a foreigner, one should remember the differences in mentalities, legislation of countries and the presence of marriage scammers, the specialist advised:
— Unfortunately, even if a marriage is entered into out of mutual love, it often ends in divorce. And this is always a long and complicated legal process involving the resolution of issues related to the division of property, the upbringing of children and the determination of their place of residence. Therefore, before being carried away by love and rushing into marriage or getting married on the spot, it is better to consult with a lawyer and find out the circumstances of the family and marriage legislation of the country with whose citizen you are going to formalize the relationship or in which you are going to live.
Legal, civil, church
The modern family is undergoing qualitative changes associated with global social processes of industrialization and urbanization, which were uncharacteristic of traditional society. Today, the family is undergoing transformation as a social institution, some of its functions are changing, and family roles are being redistributed.
— Today we can already talk about the existence of three types of marriage. However, it should be remembered that a marriage performed according to religious rites, as well as actual marital relations, do not lead to legal consequences, — noted the representative of the Ministry of Justice.
Legal marriage is a union aimed at creating a family. It is concluded in accordance with certain rules of the legislation and entails mutual personal and property rights and obligations of the spouses.
A civil marriage is a long-term open cohabitation of a man and a woman in an unregistered marriage, even if they run a joint household and raise common children. Such a marriage creates only the relationship of motherhood and fatherhood (if the latter is recognized voluntarily or through the court). Such relationships have not a full set of rights, but only a certain set of rights, for example, the right of a child to inherit the rest of both parents. Cohabitants (legally they cannot be called spouses) cannot inherit each other's property according to the law.
A church marriage is a marriage that does not lead to legal consequences from the state's point of view and is regulated only by the norms of intra-church law.
An interpreter is possible, a representative is not allowed
To register a marriage, you must submit certain documents to the registry office: a joint application for registration of marriage; passports or other documents identifying the applicants; a document confirming payment.
— The application for registration of marriage must confirm the mutual consent of the persons entering into marriage; their attainment of the marriageable age; absence of obstacles to marriage (the reasons for the impossibility of marriage are defined in Article 19 of the Code); indicate whether the bride and groom were married before and whether they have common children, — emphasized Elena Semenyuk.
Foreign citizens and stateless persons (with the exception of persons with refugee status or asylum in Belarus) must additionally submit the following official papers: a document confirming the absence of a registered marriage with another person, issued by the competent authority of the foreigner's or stateless person's country of permanent residence; a document confirming the absence of a registered marriage with another person, issued by the competent authority of the foreigner's state of nationality (if the foreigner does not reside in the territory of the state of nationality); a document confirming the termination of the previous marriage (issued by the competent authority of the state in whose territory the marriage was dissolved). In exceptional cases, other documents may be required.
— If a foreigner or a person without citizenship does not know the state languages of Belarus, registration of an act of civil status takes place in the presence of an interpreter who has confirmed their professional level with appropriate documents, — the specialist clarified. — If a person entering into marriage cannot appear at the registry office to submit a joint application for valid reasons, then the authenticity of her signature on the joint application must be certified in the manner determined by the government of Belarus. Mutual consent to marriage is expressed in the personal presence of the persons getting married. Registration of marriage through a representative is prohibited. If the groom or bride have concealed circumstances that prevented the conclusion of marriage, the discovery of this fact will become the basis for declaring the marriage invalid.
Note
Marriage is registered not earlier than three days and not later than three months after the application. In exceptional cases (pregnancy, birth of a common child), marriage can be concluded more quickly, even on the day of the application. Marriages between foreign citizens, as well as between foreigners and persons without citizenship, are concluded in Belarus in diplomatic missions and consular offices of foreign states. They are recognized as valid in Belarus provided that the persons at the time of marriage were citizens of the state that appointed the ambassador or consul in Belarus. If at least one of the foreigners or persons without citizenship has a permanent residence permit in Belarus, they can get married in the registry office of our country.
Source: www.zviazda.by
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