Marriage Law: Us-Belarus Recognition And Its Complexities

Getting married in Belarus is a straightforward process for both foreigners and Belarusian nationals. However, there are some requirements that must be met, such as being of legal age and having the appropriate documents. For American citizens, this includes having a valid visa and passport. Additionally, all documents must be translated into Belarusian or Russian and legalized with an apostille from the Belarusian consulate or embassy. It is important to note that only civil marriages are legally recognized in Belarus, and same-sex marriages are not permitted.

Foreign marriages in Belarus are legally recognised

Secondly, there are some requirements that must be met before a couple can be legally married in Belarus. Both parties must be of legal age to marry, which is typically 18 years old, and there must be no other barriers to the marriage. These barriers could include one of the marrying parties already being married, the marriage involving blood relatives, or the marriage of a person with mental illness or dementia. In addition, marriages must be entered into with the intention of having children, and marriages held just for the purpose of obtaining citizenship rights are not recognised.

Thirdly, there is some paperwork that must be completed before the marriage can be registered. This includes a joint application from both parties, valid identity documents (such as passports), proof of payment of the required marriage license fee, and a certificate of single status. If either party is a foreign national, they must also provide documents confirming their registration in Belarus and the legality of their stay. All foreign documents must be legalized with an apostille from the Belarusian consulate or embassy and translated into Belarusian or Russian.

Finally, it is important to be aware of the timeline for marriage registration. The registration must take place no earlier than 15 days and no later than three months after the submission of the application. If the couple does not appear for the registration within three months and has not informed the office of the reason for their absence, the application becomes invalid.

The process of getting married in Belarus

Marriage Requirements

Firstly, it's important to note that only marriages between a man and a woman are legally recognised in Belarus, and both parties must be at least 18 years old. There are exceptions to the age requirement in cases of pregnancy, childbirth, or emancipation, where the minimum age can be lowered to 15. Other requirements include the intention to start a family (fictitious marriages are not allowed) and the absence of obstacles to marriage. Obstacles can include one or both parties already being married, the marriage involving close blood relatives, or cases of mental illness or dementia.

Where to Get Married

The location of the marriage registration depends on the residency status of the couple. If one of the spouses-to-be has a residence permit in Belarus or is a citizen of the country, the marriage can be registered at a Register Office (Bureau of Acts of Civil Status) or a Wedding Palace of the Executive Committees. For couples staying outside of Belarus, the marriage can be registered at a foreign office of Belarus. If the marriage is between two foreign citizens in Belarus, it can be solemnized at consulates or diplomatic offices of foreign states.

Documents Required

The documents required for marriage registration in Belarus vary depending on the citizenship and residency status of the individuals. Here is a general overview:

• Joint application by both parties.
• Passports or other valid identity documents. Foreign citizens with permanent residence in Belarus need to provide a residence permit, while those with temporary residence need a national passport with registration at the place of actual residence.
• Document confirming the absence of a registered marriage with another person, issued by the country of permanent residence or citizenship, and dated no earlier than six months before the application. Alternatively, provide a document confirming the termination of a previous marriage.
• If either party is under 18, an application for a reduction of the marriage age, a decision on emancipation, or a medical certificate of pregnancy is required.
• In cases where the marriage is taking place less than three days after the application, a specific application is needed.
• For marriages outside the Register Office, an application indicating valid reasons is necessary.
• A copy of the court decision confirming actual marital relations that arose before July 8, 1944, if the marriage is based on such a decision.
• Receipt of payment for the marriage license fee.

Timing of Registration

The marriage registration typically takes place within three days to three months after submitting the application. However, in exceptional cases, such as pregnancy or other special circumstances, the registration may occur earlier, even on the same day. The exact date and time of the registration are determined during the application process.

Marriage Registration Process

On the day of the marriage registration, both parties must physically appear at the designated office. They will need to present their identity documents, express their consent to the marriage, announce their chosen surnames, and sign the marriage registration documents. After the registration, the passports of the spouses will be marked with the marriage seal, including their names, birth dates, and other relevant information.

Recognition of Foreign Marriages

Belarus recognises marriages registered abroad provided they comply with the requirements of the Family Code of the Republic of Belarus (specifically Articles 17-19). Marriages between Belarusian citizens and foreign citizens, as well as marriages between foreign citizens, are recognised as long as they adhere to the legislation of the respective foreign state and Belarus. Any documents issued by foreign states must be legalised by the Consular Office of Belarus or the Consular Department of the Ministry of Foreign Affairs, unless international treaties state otherwise.

The validity of American documents in Belarus

Passports

American citizens are required to have a valid US passport when entering or leaving the United States. However, when travelling to Belarus, US citizens must also obtain a Belarusian visa from a Belarusian Embassy or Consulate. This visa will be stamped into their US passport. It is important to note that American passport holders are unlikely to be allowed entry or exit into Belarus via a land border, even with a valid visa.

Marriage Certificates

For US citizens who are also Belarusian citizens, it is important to note that Belarusian law requires the use of a Belarusian passport when entering or leaving the country. In the case of losing or misplacing their Belarusian passport, individuals may need to present certified copies of their American marriage certificates to support their Belarusian passport application. To be recognised by the Belarusian government, these documents must carry an Apostille issued by the Secretary of State in the US state where the document was issued. This is because both the US and Belarus are signatories of the Hague Apostille Convention, which mandates the use of Apostilles for the mutual recognition of public documents.

Other Documents

When getting married in Belarus, foreign nationals, including Americans, must submit a list of documents to the local civil status registration office. These documents include a valid passport, proof of payment of the marriage license fee, and a certificate of single status. All documents in a foreign language must be translated into Belarusian or Russian and legalised with an Apostille from the Belarusian consulate or embassy in the issuing country.

In summary, the validity of American documents in Belarus varies depending on the specific document and its intended use. While some documents, like US passports, are primarily valid for travel purposes, others, such as marriage certificates, may need to be legalised with an Apostille to be recognised by the Belarusian government. It is always advisable to consult official sources and seek legal advice for the most up-to-date and accurate information.

The requirements for an American to marry in Belarus

Marriages between Americans and Belarusians are recognized as legal in Belarus. However, there are specific requirements that must be met for an American citizen to marry in Belarus. Here is a detailed guide on the requirements for an American to marry in Belarus:

Legal Age:

Both parties must be of legal age to marry, which is typically 18 years old in Belarus. However, the registrar's office may lower the minimum age by up to three years in certain situations, such as pregnancy, the birth of a child, or the attainment of full legal rights before reaching the age of 18 (emancipation).

No Legal or Social Barriers:

According to Article 19 of the Code of the Republic of Belarus on Marriage and Family, there must be no legal or social barriers to the marriage. This includes situations where one of the marrying parties is already married, the marriage involves close blood relatives (parents, siblings, or children), or one of the partners has mental illness or dementia.

Official Paperwork:

The official paperwork must be filed with the local civil status registration office closest to the home of either the bride or groom, or their parents' home. A parent's passport is required in this case. The following documents are needed to register the marriage legally:

• Passports of both individuals (notarized translation for immigrants)
• Proof of payment of the state marriage license fee
• Statements from both parties
• Certificate of absence of the partner, allowed in a foreign state
• Document confirming the legality of the American's stay in Belarus

Registration Process:

The marriage registration will take place on the day agreed upon by both parties, as per Article 213 of the Marriage and Family Code. Both parties must physically appear at the marriage registration office, where their passports will be marked with the marriage seal, along with their given name, middle name, and birth date.

Prenuptial Agreement:

While a prenuptial agreement is not required to register the marriage, it can be made before or after the marriage. The agreement should be signed before a notary and will cost around 200 Belarusian rubles for notarization.

The legalisation of American documents in Belarus

The process of legalising American documents for use in Belarus can be complex and time-consuming. Here is a guide to help you navigate the process.

Firstly, it is important to understand the requirements for legalising documents in Belarus. Belarus, along with more than 70 other countries, is a signatory to the Hague Apostille Convention, which simplifies the legalisation process for foreign public documents. This means that documents issued in the US and intended for use in Belarus must be certified with an apostille, a form of authentication. The specific authority from which the apostille must be obtained depends on the type of document. For instance, in Belarus, an apostille for documents issued by judicial authorities and courts is issued by the Ministry of Justice, while the Ministry of Education issues apostilles for documents from relevant educational authorities.

If you are a US citizen with dual Belarusian citizenship, you must be aware of the requirements for entering and exiting Belarus. While US law mandates the use of US passports for entering or leaving the US, Belarusian law requires its citizens to use Belarusian passports for entering and exiting Belarus. This includes instances where individuals enter Belarus using their Belarusian passports; they must also use these passports when departing. Additionally, male dual citizens of conscript age (18-27 years old) may face difficulties leaving Belarus if they have not fulfilled their military service requirement.

When legalising American documents for use in Belarus, it is essential to have them translated into one of the accepted languages, which include English, French, German, or Russian. The translation must be certified by a sworn translator, and both the original document and the translation must be legalised with an apostille.

The process of obtaining an apostille can vary depending on the type of document and the issuing authority. For instance, US-issued documents submitted in support of a Belarusian passport application must carry an apostille from the Secretary of State in the US state where the document was issued. This process can take a significant amount of time, so it is crucial to plan ahead.

In summary, legalising American documents for use in Belarus requires careful attention to the specific requirements and procedures. The process involves translation, certification by relevant authorities, and the addition of an apostille to ensure the documents are recognised and accepted in Belarus.

Frequently asked questions