Registration Of Marriage In Ukraine

The procedure for registration of marriage in Ukraine is stipulated by the Family Code of Ukraine effective as of 1 January, 2004.

The state registration of marriage in Ukraine is established to provide a woman and a man with stability of their relationship, to protect the rights and interests of spouses, their children as well as interests of the State and society. State registration of marriages is conducted solemnly.

The state registration of marriage is certified by the Marriage Certificate, the pattern of which is approved by the Cabinet of Ministers of Ukraine.

Persons wishing to marry are to submit the following documents for the state registration of marriage:

• passport (translated into Ukrainian)
• a legalized Certificate of Birth (translated into Ukrainian)
• a legalized document on individual current marital status (such documents can be obtained from a district court)
• a legalized original Divorce Order, Certificate of Death of one of spouses or a copy of the Court Judgment annulling a marriage if any.

The mentioned documents (except for passport) are to be valid for at least six months. The effective date is the date of issue of a document by the appropriate authority.

Application for registration of marriage

An application for marriage registration is submitted by a woman and a man personally to any civil registry office. If they can not submit the application personally for valid reasons, the application certified by a notary can be submitted by their legal representatives, whose authority is to be certified by a notary. If a marriage is not registered on the scheduled day, an application for marriage registration remains valid within three months from the date of its submission.

Informing about Rights and Duties of future spouses

The civil registry office is to inform persons who have submitted an application for registration marriage about their rights and duties as future spouses and parents, as well as about responsibility for concealing obstacles for registration of marriage.

Information about the state of health of future spouses

Persons, who submitted their application for marriage registration, are to inform each other about the state of their health. Government provides them with opportunities to have medical examination. The results of medical examination are a secret and are informed only to the persons wishing to marry. Concealment of diseases dangerous for the other spouse, their descendants is considered to be the ground for marriage invalidity.

Engagement

Persons that have submitted an application for marriage registration are considered to be engaged. Engagement does not create an obligation to marry. A person who has refused to get married after engagement is to reimburse to the other party expenses connected with preparation for the marriage registration and the wedding. But in case of the refusal caused by illegal, immoral conduct of the other engaged person or concealment of important information of essential significance (serious illness, having a child, conviction etc) the compensation is not to be done. In case of a refusal from marriage a person, who got a present for future marriage, has to return a gift. If a gift was not preserved, a person has to compensate it.

Time of Marriage Registration

A marriage is registered on expiry of one month from the date of submission of an application for marriage registration. Chief of the civil registry office can register the marriage earlier if the future spouses have reasonable excuses. If a bride is pregnant or has given birth to a child and if lives of engaged persons are in danger, their marriage is registered the day of submission of application. If there is an information about obstacles for marriage registration, the chief of the civil registry office can postpone the marriage registration for three months. This decision can be appealed in court.

Place of marriage registration

A marriage is registered in the premises of the Civil Registry Offices. Upon application of the engaged persons, a marriage can be registered solemnly in another place. Upon request the marriage can be registered in the place of their residence, in the place of hospital treatment or in another place, if they are unable to come to the civil registry office for valid reasons.

Legal consequences of marriage

A marriage is a ground for the arising of spouses' rights and duties. A marriage, however, cannot be a ground for granting privileges or advantages to a person as well as for restrictions of the person's rights and freedoms, stipulated by the Constitution and laws of Ukraine.

Right to choose a surname

Persons entering marriage have the right to choose the surname of one of them as the common surname of the spouses or to have the surnames, which they had before marriage. They also can add the surname of each other to her/his surname. If they wish to have a double surname, by their consent it is determined whose surname is the first in the double surname, and whose surname is the second. Combination of more than two surnames is not allowed, unless it is a custom of their national minority.

If the surname is already double by the date of marriage, he/she has the right to replace one of the parts of his/her surname with his/her surname.

Personal presence at marriage registration

A man and a woman are to be present personally at the registration of their marriage. Registration of marriage through a representative is not permitted.

The above is intended to provide a brief guide only. It is essential that appropriate professional advice is obtained. Our company will be glad to assist you in this respect. Please do not hesitate to contact us.