Registration of marriage in Ukraine


The procedure of registration of marriage in Ukraine is stipulated by the Family Code of Ukraine effective as of 1 January, 2004 as well as by appropriate Instruction of the Ministry of Justice of Ukraine, which describes the procedure in details.

Clause 27 of the Family Code of Ukraine provides that the state registration of marriage in Ukraine is established in order to provide a woman and a man with stability of their relations, to protect rights and interests of spouses, their children as well as interests of the State and society.

State registration of marriage is certified by the Marriage Certificate, the form of which is approved by the Cabinet of Ministers of Ukraine.

Clause 28 of the Family Code of Ukraine and provisions of the above Instruction provide that persons willing to get married in order to register their marriage should file to any one of Ukrainian Civil Registry Offices an application with request to register their marriage and to present originals of their national passports.

For non-citizens of Ukraine there are also provided some additional requirements, namely: a copy of passport with notarized translation into Ukrainian, a legalized for Ukraine certificate of birth (consular legalization or apostille and translation into Ukrainian are required), a legalized for Ukraine document about actual marital status issued by competent authority (consular legalization or apostille and translation into Ukrainian are required), a legalized for Ukraine divorce award, certificate of death of one of the former spouses or a copy of a court award annulling the marriage, if any (consular legalization or apostille and translation into Ukrainian are also required). The above mentioned documents (except for passport) are to be valid for at least six months. The effective date is the date of issue of the document by appropriate competent authority.

The same clause provides that application for registration of marriage is to be submitted by a woman and a man personally. If they cannot file the application personally for valid reasons, such application with notarization can be submitted by their legal representatives, whose powers are to be confirmed with a notarized power of attorney. If the marriage is not registered on the scheduled day, the application for registration of marriage remains valid within three months of the date of filing the same.

Informing future spouses of their actual and future rights and duties also provided by clause 29 of the Family Code of Ukraine as well, namely, the civil registry office has to inform persons, who have filed their application for registration of a marriage of their actual and future rights and duties in the quality of spouses and parents, as well as inform them about responsibility for hiding obstacles for registration of the marriage.

As it is stipulated in clause 30 of the Family code of Ukraine, persons, who have filed their application for registration of marriage are to be aware of state of health of each other. The same clause stipulates that Ukrainian authorities have to provide them with an opportunity to have appropriate medical examination, which procedure is determined by the Cabinet of Ministers of Ukraine. Results of such medical examination are secret and informed only to the persons willing to get married. Hiding diseases dangerous for the other spouse, their descendants, is considered to be the grounds for invalidity of the marriage.

The Family Code of Ukraine, namely clause 31 of the same, has provided definition of engagement in Ukraine. However later on this clause was amended and now engagement is not recognized by Ukrainian legislation, therewith this clause still provides responsibilities of a person, who has refused to get married to reimburse to the other party expenses connected with preparation for registration of the marriage and wedding. Therewith in the case of refusal caused by illegal, immoral behaviour of the other engaged person or by hiding important information of essential significance (serious illness, having a child, conviction, etc.) such compensation is not provided. Also if the refused person has got a gift in honour of further marriage, such gift should be returned.

Possible time of marriage registration is stipulated by clause 32 of the Family Code of Ukraine. Thus, a marriage is registered on expiry of one month of the date of filing appropriate application for registration of the marriage. Chief of the civil registry office can register the marriage earlier if the future spouses have reasonable excuses. If the bride is pregnant or has given birth to a child as well as if life of either or both further spouses is in a danger, their marriage is registered the day of filing the application. If there is information about obstacles for registration of a marriage existent, chief of the civil registry office can remit registration of the marriage for a period, which should not exceed three calendar months. However such decision can be appealed to the court.

Place of marriage registration is defined in clause 33 of the Civil Code of Ukraine. Thus Marriage is registered in premises of the civil registry office. Upon application of the engaged persons, the marriage can be registered solemnly in another place. Upon request of future spouses, the marriage can be registered at their residence, at the place of hospital treatment or in other place, if they are unable to come to the civil registry office for valid reasons.

Clause 34 of the Family Code of Ukraine requires the personal presence of further spouses at registration of their marriage. Registration of marriage through a representative is not allowed.

At registration of the marriage, in accordance with clause 35 of the Family Code of Ukraine, the further spouses have the right to choose surname of either of them as the common surname of the spouses or to have the surnames, which they had before the marriage. They also can add the surname of each other to her/his surname. If they wish to have a double surname, by their consent it is determined whose surname is the first in the double surname, and whose surname is the second. Combination of more than two surnames is not allowed, unless it is a custom of their national minority.

If the surname is already double by the date of marriage, he/she has the right to replace one of the parts of his/her surname with his/her spouse's surname.

In accordance with clause 36 of the Family Code of Ukraine, marriage is considered to be the legal grounds for rights and duties of spouses. Therewith, registration of marriage cannot be the grounds for granting privileges or advantages to a person as well as for restrictions of the person's rights and freedoms, stipulated by the Constitution and laws of Ukraine.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the family relations of your interest in Ukraine in order to have the exact, extensive and up-to-date legal information.

Do not hesitate to contact us if you have any questions or issues of legal nature, our Law Firm is working for you and our experienced legal specialists are always ready to help providing the client with appropriate legal consultations, legal reports and summaries, reasonable legal advices and all the other requires legal support, assistance, coverage and protection.

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