There are no boundaries for loving hearts. If two people decide to formalize their relationship, then even prison bars cannot prevent them from doing so. But how to legitimize relations with a prisoner?
We will tell you about the main points you need to know in order to have a smooth wedding behind barbed wire. However, when marrying a prisoner, you won’t have to count on a magnificent ceremony. But we will talk about this below.
Attention! In correctional colonies, pre-trial detention centers and civil registry offices of different regions, some nuances may vary. It would be best if you clarify all the small details yourself. In specific institutions. And even before you begin to actively act.
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.
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.
Consequences of a “prison wedding”
A marriage registered in a pre-trial detention center, prison or colony is no different from one that took place “in the wild.” It gives rise to all family and civil legal relations in the same way as in the case of a wedding taking place in the usual manner.
In the same way, changes are made to personal documents (passport, license, etc.) if one of the members of the newly formed family decides to change their last name or take a double one. In the same way, the rule on jointly acquired property begins to apply - the fact that one of the spouses is serving a sentence is not a hindrance here. All other provisions of the law apply accordingly.
However, it should be noted: the fact that the marriage took place does not mean that the spouse “in the zone” will be released earlier. The sentence remains the same, and the wedding in no way applies to the conditions for early release.
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.
Features of the procedure
The procedure for registering marriage relations can be carried out:
- before trial;
- when the accused is on trial;
- at the end of the trial before being sent to prison or during the period after filing an appeal.
The actions that need to be taken to organize the legalization of communication are practically the same. The only difference is that, depending on the time of the marriage registration procedure, it is necessary to apply for permission to confirm the legality of the marriage from different officials.
Regardless of whether cohabitants wish to sign before the trial, during the trial or after the trial, their actions fall under paragraph 2 of Art. 26 of Law N 143-FZ “On acts of civil status”. The law states that if one of the persons is unable to jointly write statements at the registry office, it is allowed to submit separate applications to enter into an official union.
