Marriage in prison is not uncommon. In many correctional facilities, marriage is even encouraged. They discipline the prisoner and motivate him for early release. The reason for such marriages is most often the ban on visits with persons who are not relatives.
Few people are willing to wait several years to meet their other half. To make it easier for you to figure out how to sign with a prisoner, we have studied all the nuances of this procedure and written step-by-step instructions.
Reasons for the impossibility of registering a marriage
The main obstacle to marriage may be the convict serving a disciplinary sentence in a punishment cell or punishment cell. In this case, future spouses will have to wait and delay the registration date. Also, the prisoner should not have disciplinary sanctions: punishments, reprimands, or entries in his personal file. The future spouse must have a positive characteristic.
The remaining reasons for the impossibility of marriage are the same for both prisoners and free people. All of them are spelled out in Article 14 of the Family Code. Such reasons include:
- If one of the persons is already married. If the registered marriage is not the person’s first, then it is necessary to provide a passport with a note of divorce or a death certificate of the former spouse.
- Close relatives: between a father or mother with their children, grandparents with their grandchildren, as well as between brothers and sisters who have at least one common parent.
- Adoptive parents and adopted children , since from the point of view of the law such relationships are equated to the relationship between parents and children.
- Persons of whom at least one person has been declared incompetent by a court due to a mental disorder. It is worth noting that alcohol and drug abuse are not included in this category.
Is it possible to have a wedding in prison or in a maximum security colony in the Russian Federation?
Getting married “in the zone” is possible – according to statistics, the number of such marriages is increasing every year. In accordance with the legislation of the Russian Federation, a man and a woman who are not currently in an official union with anyone can enter into marriage.
Marriage is impossible if:
- the prospective spouses are blood relatives;
- if it is an adoptive parent and an adopted child;
- in cases where one or both spouses have limited legal capacity due to mental illness.
If on the day on which the wedding date is set, the prisoner is in a punishment cell or punishment cell, then the painting can be done only when he has already served this sentence.
Getting married will in no way affect the possibility of parole or changing the regime to a softer one; the birth of joint children will not affect this.
How is the procedure carried out in various MLSs?
The possibility of marriage does not depend on the place of imprisonment. But there are some individual characteristics.
In a pre-trial detention center, to submit an application, you need to contact the judge or investigator who is handling the prisoner’s case. In other cases, the application is written to the head of the prison or colony.
Also, in all correctional institutions, except for the pre-trial detention center, you can make a request for a three-day visit as a “honeymoon” . This is unacceptable in a pre-trial detention center, and the marriage registration procedure itself lasts no longer than 30 minutes, after which the defendant is taken back to his cell. In this case, the newlyweds will only be able to see each other on a regular date according to the general schedule. A defendant in a pre-trial detention center is allowed 2 visits per month.
The colony-settlement compares favorably with all other MLS regarding the ceremony. The prisoner can submit a request to register at the nearest registry office or village council, and invite an unlimited number of guests. In some settlements they even allow you to modestly celebrate the event in a local club. But this is discussed with management on an individual basis.
In other modes (general, strict, special) there are no special features. Even if the prisoner is kept in a strict or special regime colony under strict conditions of detention (there are also lighter conditions for good behavior), no difficulties should arise in registering a marriage from the point of view of the law . Provided, of course, that the convict is not violent and is not locked in a punishment cell every month.
Documentary set
No registration process can take place without papers. Subjects will have to collect evidence of legal facts:
- civil status;
- birth;
- ID cards.
The law requires the following documents to be presented to organize a wedding in prison:
- passports of those getting married - for prisoners they are kept in the custody of the administration of the correctional institution;
- an application completed and signed by both parties;
- for minors, permission from the court is required;
- receipts for payment of state fees.
The ceremony must take place without alcoholic beverages and other prohibited excesses, of which the administration will warn in advance. All participants are required to appear without signs of intoxication.
Step-by-step instructions: how can I sign?
According to the second article 26 of Federal Law No. 143-FZ of November 15, 1997 “On Acts of Civil Status”, if one of the persons entering into marriage is unable to appear at the civil registry office to submit a joint application, the will of the persons, getting married, can be formalized in separate applications for marriage. This can be done in two ways - from the side of a prisoner or from a free person.
If the initiative belongs to the convicted person
- The prisoner must contact the administration of his correctional institution (if it is a pre-trial detention center, then the investigator). If the applicant has no disciplinary violations and is not being held in a detention center, then he is given a joint application form.
- Having agreed on a time with the administration, a notary arrives at the institution, in whose presence the prisoner fills out his part of the application.
- Next, you need to pay a state fee, without which the signature on the form will be considered invalid. Notary services are paid by the future spouses.
- Through the administration of the correctional institution, the party with whom the convict wants to marry is given an application form and information about which registry office to contact for registration.
- The registry office sets a registration date. This usually happens within a month. During this time, the future spouse, who is free, must obtain permission from the prison authorities or the investigator to visit the institution.
If the initiative belongs to a free person
- It is necessary to contact the registry office, which is located on the same territory where the correctional institution is located, to obtain a joint application form and a receipt for payment of the state fee.
- After the applicant signs the form, you need to find a notary. Before this, it is recommended to look at the market, since the price for the services of a notary willing to go to a pre-trial detention center or colony ranges from two to ten thousand rubles. Please note that the registry office may require copies of the application and documents, so this should be taken care of in advance.
- Next, you need to obtain permission to visit the correctional facility in person or through a notary.
- The notary comes to the prisoner to sign the second half of the application. Before doing this, do not forget to pay the state fee.
- Having received the signed form, you can take it to the registry office, which sets the registration date.
- After submitting the application, you need to contact the administration or investigator with a request to conduct the marriage.
This must be done at least five days before the registration date. Don’t forget to order a car for the registry office employee, who will take him to the appointed place and pick him up back.
Documentation
- A passport is the main document for registering a marriage. If the convicted person is in a pre-trial detention center, then make sure that the document is present in his file.
- Joint application form for marriage.
- Permission to register a marriage, signed by the administration of the correctional institution.
- Receipt for payment of state duty.
- A document confirming the divorce or death of a spouse, if one of the spouses was already married.
- A document authorizing marriage before reaching marriageable age if one or both persons are minors.
- If the prisoner is a foreigner, then it is necessary to obtain a certificate with a translation stating that there is no registered relationship. You can get it from a notary.
- If those getting married are under eighteen years of age, then they need written permission from their parents/guardian and documents confirming the need for marriage. For example, the bride's pregnancy.
How to make an application?
An application for permission to register a marriage is drawn up in the name of the head, and it is necessary to indicate the details of the correctional institution and the details of the prisoner: full name, residence address, passport details. Also, do not forget to indicate the passport details of your future spouse.
If the application is drawn up in a pre-trial detention center, then it is written in the name of the judge or investigator. The petition must indicate the expected date of the wedding and describe the items that the second person plans to bring with him to registration. The list of these items is discussed with the administration.
After three days you can check the status of your application. This is important, because without consent, a wedding is impossible. Please check with the staff that the passport will be in the room where the ceremony will take place at the appointed time.
State duty
The state duty is 350 rubles. To pay for it, you can use the government services website, online banking, or make payment through the registry office.
How is the procedure in MLS?
The wedding takes place in a separate room. Therefore, the bride or groom who is outside must obtain a pass to the territory of the prison or pre-trial detention center. The procedure is carried out by a civil registry office employee. The ceremony does not last long - 20-30 minutes.
As a rule, newlyweds have the right to invite two guests on each side , but this is discussed with the administration. Newlyweds are allowed to exchange rings, but the prisoner must give his ring to his partner, since metal objects are prohibited in prison.
You can order photography if among the convicts there is someone who wants to be a photographer. A staff member takes some photos for the prison newspaper. In some cases, a small tea party is allowed, but this depends on the authorities.
At the end of the ceremony, the prisoner is given a corresponding stamp in the marital status column of the passport. The partner will be given this stamp at the checkpoint, since he will have to leave his passport at the entrance to the correctional facility.
After registration, the prisoner and escort are taken to the interior premises. If the spouses have received the right to a long visit, then the “other half” is taken to the headquarters to wait for the paperwork for the long visit to be completed.
Differences from registration at liberty
- The event is held in a special room of the correctional institution.
- The number of guests is limited to two on each side.
- The registry office office is installed only at the location of the MLS.
- Notary services required.
- Limited time for honeymoon.
We must not forget that marriage to a prisoner can affect your career or the career of your relatives. Employees of the Ministry of Internal Affairs, lawyers, bank employees and government officials are prohibited from having relatives with criminal records.
Unfortunately, unions formed in prison often turn out to be short-lived. This happens for several reasons:
- The bride, who met her groom by correspondence, finds out that her lover turned out to be completely different from what she imagined.
- A marriage of convenience in which the spouses registered so that the prisoner had the opportunity to receive parcels.
- The selfish intention of the prisoner, who receives the right to long visits, the opportunity to receive parcels of food or cigarettes, as well as parcels with clothing and household supplies. Upon release, he can, at best, file for divorce, and at worst, disappear and not declare himself.
- When registering a marriage, the property of the spouses is divided in half, unless a marriage contract has been concluded. In this case, the prisoner can take advantage of the other half's naivety for personal gain.
Can I invite my friends?
In Russia, the majority of the population and the law still support traditional family foundations. Partners are registered after reaching the age of 18. This period is allowed to be reduced to 16 years by future parents if the bride is pregnant.
The grille does not exempt you from paying the state fee. But they can invite 2 guests. The presence of outsiders is documented and a permit is issued. Participants in the celebrations will have to contribute money to the state treasury for marriage with a prisoner and buy a certificate. Such certificates are not given out for free.
The right not to pay tax on a gift
Gifts are income in intangible form. And a tax of 13% of the cost is paid. This applies to gifts worth more than 4 thousand rubles from legal entities, as well as real estate, transport and securities received as a gift from another person. An exception is made for gifts from close relatives.
If a husband gives his wife, for example, shares from a portfolio that he formed before marriage, he does not have to pay tax. If the boyfriend is a friend, he will have to.
What are the disadvantages
Gifts are considered personal property and are not divided in a divorce.
How to resolve the issue without registering a marriage
Give money.
Clear division of property
If an official marriage breaks up, everything is more or less clear. What is acquired during the marriage is divided in half, according to a marriage contract or by agreement. In each individual case there are nuances, but at least the starting points are spelled out in the laws. In this case, inheritance, gifts and premarital property are not subject to division.
For cohabitants, all this is not regulated in any way. Of course, we can talk about the highest form of justice: whoever bought what will leave with it. In practice, everything is more complicated. One bought a refrigerator, the other paid for its expensive repairs. And now it is no longer clear who owns the equipment. The man diligently paid the mortgage for the apartment registered to him, but ate entirely at the expense of his partner. As a result, housing officially belongs only to the person to whom it was registered.
What are the disadvantages
If one partner earned much more than the other, dividing the property in half may seem unfair to him. In this case, it is worth drawing up a marriage contract in advance. This can be done at any time after the wedding and even before it. True, there are important nuances:
- Only issues related to property can be specified in the contract. You cannot, say, oblige your partner to meet you in a latex suit on even days and deprive you of part of your savings for failure to comply with this rule.
- The agreement should not prejudice either party. It is a way to divide property in a way that seems fair, not a tool of punishment. So leaving the other side on the street without everything will not work.
In any case, it is better to draw up a marriage contract with a lawyer. A specialist will help you do this so that the court does not have any complaints about the text if the other party during the divorce tries to challenge the agreement.
How to resolve the issue without registering a marriage
Cohabitants can buy housing, a car, and land in shared ownership. Moreover, it is not necessary to divide everything in half; it is quite possible in proportion to the material contribution. Otherwise, the easiest way is to maintain a separate budget and chip in for common products and entertainment. And, of course, keep receipts for purchases such as household appliances and furniture that are not registered as property.
Everything here is like in a marriage: now you have love, but when dividing property, it can easily come to light who ruined who’s whole life and generally sat on their neck.
Pay special attention to documents confirming who paid for the animal when purchasing it. Keeping your beloved dog for yourself if your partner transferred the money can be difficult.
Sad or happy consequences?
Television shows have appeared on screens to tell society what an “amazing” relationship we have. Or talk about similar situations, so that some segments of the population will be amazed at the presence of a special form of perversion, a mockery of their own fate. Perhaps someone believes that a person who has dozens of destroyed lives on his conscience finally understood everything, repented, and changed.
There are examples when a newly-made wife is told about the injustice of sentences, corruption of courts and absolute innocence. The proof is unfounded allegations and blasphemy against the executive branch. The wife begins to work fruitfully, earning money for transfers, lawyers and collecting facts for early release.
Recently, the director of a leading television channel showed a filmed report about the romantic relationship of a former killer with an investigator fired from the authorities, and their wedding. They ask God for help in reducing the life sentence and are very sorry for the ruined 16 destinies. The wife herself chose a similar path and the consequences of marrying a prisoner of a special category, losing her career, putting romantic blinders on her eyes.
