Registration of marriages
If
are going to get married with a Ukrainian woman or man, then please accept my
sincere congratulation. However, please take into account that some paper work
must be done before the wedding party. In general the process is not difficult
yet problems do happen. Let me share with you my experience that I’ve obtained
in this field not because of a number of my unsuccessful marriages (thanks God)
but due to my professional occupation.
The
main normative act regulating marriage registration in Ukraine is the Order of the Ministry of Justice,
No. 52/2 as of 18.10.2000, On Approval of the Rules of the State Registration
of Acts of Civil Status in Ukraine.
The
first step on the way for getting married is…yes love but speaking about formal
proceedings I mean… submission of the mutual application by the fiancé and
fiancée. This application is submitted to a special body of the state
registration of acts of civil status. Those who are going to get married must
have heard about ZAGS (in the Russian language) or RAGS (in the Ukrainian
language). This ZAGS/RAGS is nothing else as this special state body. Hereinafter
I will use “ZAGS” as it is more commonly used among both locals and foreigners.
You can freely choose and submit the application to any ZAGS throughout Ukraine
disregarding a place you and your fiancée/fiancé are registered at.
The
general rule is that both of you should submit the application to ZAGS
personally. However, if you or your sweetheart cannot personally submit the
application, then the one who cannot do so should visit a notary office and
notarize his/her signature on the application and issue a notarized power of
attorney (POA) authorizing someone to submit the application on his/her behalf.
Actually not only one but both of the applicants can sign the application in a
notary office and submit it through their representatives. This can be done
also abroad but this variant requires legalization of the notarized signature
and POA, if otherwise is not determined by law.
By
submitting the application Ukrainian citizens should provide their passports.
Foreigners should provide, if otherwise is not determined by law, an
identification document containing a check proving their legitimate stay in Ukraine .
This could be a visa, temporary or permanent residency certificate or a last
stamp affixed by the customs service.
Those
who have been previously married should provide a document certifying
termination of that marriage. Such a document could be a certificate of
marriage termination, court decision, death certificate, etc. Documents issued
outside of Ukraine
should be legalized, if otherwise is not determined by law.
If
the foreigner’s identification document does not contain information about his
marital status, then he should provide a document certifying that he is not
married now. In case the ID contains the marital status check, the document
certifying the marital status should be provided for the period from the date
of that check. Such a document should be issued by a relevant body of the
foreigner’s country. So it is impossible to tell a foreigner where to get such
a document. However, consulates often issue such documents too. As you may have
guessed already, this document needs to be legalized, if otherwise is not
determined by law. This document is valid for 6 months and is not returned by
ZAGS.
All
documents prepared in a foreign language should be translated into the Ukrainian
language by a qualified translator and notarized. The translation could also be
certified by a diplomatic office or consulate of Ukraine or of the foreigner’s
country, by a ministry of foreign affairs or another authorized body. However,
it is better to translate and notarize the documents in Ukraine because in all of the other
cases you will need to legalize them.
After
the application and other documents are submitted, you will agree on the date
of marriage registration that under the general rule cannot be sooner than in
one month from the date of your application. However, having a reasonable
excuse you and your soon-to-be-spouse can ask for an urgent marriage
registration. There is no exhaustive list of such reasonable excuses. It can be
pregnancy, business trip to another country, illness, etc. However it is not
enough to say you have a reasonable excuse. You will need to prove it.
Pregnancy or illness can be proved by a health certificate, business trip can
be proved by the employer’s letter, etc. A ZAGS is free to decide at its own
discretion whether your excuse is reasonable enough.
Remember
that marriage registration is carried out only in personal presence of both
fiancé and fiancée. This cannot be done via representatives. If the fiancé
or/and fiancée cannot be personally present at the ZAGS because of a reasonable
excuse, then you can ask for the ceremony to be performed outside. Requirements
to the “reasonable excuse” are the same as mentioned above.
Recognition of foreign marriages
When
you get married outside of Ukraine
your marriage is not automatically recognized by Ukraine . To do so you have to
provide ZAGS with a translated and legalized, if necessary, official document
certifying marriage registration by the relevant state.
Proof of marriage
The
marriage record is entered in the passports or identification documents of the
spouses. When a foreigner also has the permanent residency certificate, then
the marriage record is entered in this certificate as well. When you get
married in Ukraine information about your marriage is recorded into a special
register. You can go to a ZAGS and get an extract from this register proving your
registered marriage. However, when you get married abroad and legalize your
marriage information, then you marriage is not always recorded to the register
by default. To be sure your marriage is added to the register you better go to
a ZAGS with your legalized marriage certificate and make sure your marriage is
either already there or a ZAGS officer will add your marriage to the register.
It is not obligatory to have your marriage in that register. But I would advice
you have it there because in the future it may make your life easier.
A few tips
Actually
this is all. However having some
experience in this matter I would also suggest doing the following before going
to a ZAGS:
(i)
make copies of all documents you need and try to get texts of those documents
you do not have for now;
(ii)
take all documentation and texts available and visit a consultant in a ZAGS of
your choice; and
(iii)
make sure that your ZAGS is happy with the documents you have or that you will
obtain.
The
above 3 steps will minimize your time and money expenses. I had experience
when:
·
a
fiancé provided his translated and legalized dissolution judgment that in fact
was a kind of another judgment. So he had to get another document in court, to
legalize and translate it and then urgently mail it to Ukraine .
·
ZAGS
officials refused to accept the dissolution judgment because at their opinion
(in fact they were wrong) the provided document was merely an application for
divorce. The problem was solved simply by applying to another ZAGS.
·
a
marital status certificate contained the fiancé’s name in Ukrainian language
that differed from the same name in other documents provided to ZAGS. The
fiancé had to translate and notarize some documents one more time to have all
the documents correspond with each other.
·
a
letter from the fiancé’s employer was not good enough to prove the urgency of
marriage registration. The fiancé had to ask his employer to issue another
letter, the text of which was agreed with ZAGS, then to urgently mail it to
Ukraine, translate and notarize it.
·
instead
of legalizing a foreign marriage certificate a Ukrainian consulate certified
its translation into the Ukrainian language. The fiancé had to visit the Ukrainian
consulate one more time to have the consulate correct its mistake.
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