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Family Law: divorce proceedings, conclusion of marriage (Russia)
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Question

We decided to get married but the girl will become eighteen only in a month. The Family Code expressly states that at the date of marriage we shall reach the age of eighteen years but we can file an application to a civil records office prior to that (it takes at least one month from application to marriage registration). We wanted to file an application but were refused (written refuse with a reference to Art. 13 of the Family Code) saying that at the date of application we shall be of legal age. But that is unfair! Furthermore I specially came from California for this purpose!!!

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Answer

I suppose that the refusal is lawful. A Civil Records Office shall verify conditions for marriage registration (Art. 12 of the Family Code of the Russian Federation) particularly reaching marriage age (Art. 13 of the Family Code of the Russian Federation) at the moment of filing a marriage application. Furthermore, according to Art. 21 part 1 of the Civil Code of the Russian Federation a citizen obtains ability to receive and use civil rights, create civil liabilities and fulfill them (civil legal capacity) upon reaching the legal age i.e. eighteen years. Therefore, you girlfriend is under-age at the present time and can not file a marriage application unless local authorities reduce the marriage age.

In case you think the refusal is unlawful you are entitled to appeal to a higher authority of court but I guess that by the time you obtain a response whether positive or negative your girlfriend will reach the legal age.

Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
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