Marriage registration

In the Republic of Belarus, marriage is concluded in the bodies registering acts of civil status.

The bodies registering acts of civil status (hereinafter referred to as the registry offices) include:

• departments of registration of acts of civil status of local executive and administrative bodies,
• Houses (Palaces) of Civil Ceremonies of city executive committees,
• township and village executive and administrative bodies,
• consular offices, diplomatic missions of the Republic of Belarus in case of performing consular functions.

Marriage registration is carried out by any registry office at the choice of the persons entering into marriage.

When registering a marriage with a foreigner, depending on the citizenship of the future spouses, the bodies registering the conclusion of marriage are:

1. registry offices of the Republic of Belarus:
   • marriages of citizens of the Republic of Belarus with foreigners (foreign citizens and stateless persons);
   • marriages between foreigners (foreign citizens and stateless persons), if at least one of them has a permanent residence permit in the Republic of Belarus;
2. diplomatic missions and consular offices of foreign states in the Republic of Belarus:
3. marriages between foreign citizens, if these persons at the time of marriage were citizens of the state that appointed an ambassador or consul in the Republic of Belarus (such marriages are recognized as valid on the basis of reciprocity, i.e., recognized as valid in the Republic of Belarus if this state recognizes marriages of citizens of the Republic of Belarus);
4. marriages between stateless persons who do not have a permanent residence permit in the Republic of Belarus are not registered by the registry offices.

The marriage takes place within a period agreed upon by the persons entering into marriage with the registry office, but not earlier than three days and not later than three months from the date of application. The exception is special cases due to pregnancy, the presence of a common child, or special circumstances when the marriage can be concluded before the expiration of the three-day period, including on the day of application.

State registration of marriage is formalized by making an act entry, on the basis of which a certificate of marriage is issued.

The procedure and conditions for registering a marriage are the same for everyone, regardless of the citizenship of the persons entering into marriage.

Registration of marriage is carried out by the registry office on the basis of a joint written application for registration of marriage submitted by the persons entering into marriage, and subject to the provision of the necessary documents and information.

If the presence of both persons entering into marriage at the registry office when submitting the application is impossible or extremely difficult (due to distant residence from each other, serious illness, military service, and others), the marriage registration application, filled out in the prescribed form and signed by both persons entering into marriage, can be submitted by one of them.

In this case, the signature of the person whose presence at the time of submitting the marriage application is impossible must be previously certified by the head of the registry office and sealed with the stamp of the registry office bearing the State Emblem of the Republic of Belarus.

The authenticity of the signature can also be certified by a notary or other official who, in accordance with legislative acts, is granted the right to perform notarial acts.

In addition, the signature of the absent person can be certified in the following order:

• military personnel – by the commander of the corresponding military unit;
• citizens of the Republic of Belarus who are on board sea vessels or inland waterway vessels flying the State Flag of the Republic of Belarus – by the captains of these vessels;
• persons in exploration, Arctic and other similar expeditions – by the heads of these expeditions;
• persons receiving treatment in hospitals, military hospitals, other healthcare organizations providing medical care on an inpatient basis, or residing in social service institutions providing inpatient social services – by chief physicians, their deputies for medical affairs, or duty doctors of these hospitals, military hospitals, and other healthcare organizations providing medical care on an inpatient basis, as well as by heads of military hospitals, heads (or their deputies) of social service institutions providing inpatient social services, heads (or their deputies) of the relevant labor, employment, and social protection authorities;
• persons held in institutions executing sentences of arrest, restriction of freedom, imprisonment, life imprisonment, or places of detention, labor and treatment facilities (hereinafter, unless otherwise specified, correctional institutions) – by the heads of the respective correctional institutions.

The application with the signature of the person certified in the manner described above is returned to the applicant, who then sends it to the second person entering into marriage for submission to the registry office at the place of marriage registration.

If, in accordance with the legislation of a foreign country, a marriage concluded by a citizen of that country with a citizen of the Republic of Belarus is recognized as valid only upon the presence of permission from the competent authority of that country to conclude the marriage, then the registry office, when accepting the application, explains to the persons entering into marriage, including the citizen of the Republic of Belarus, that their marriage may be declared invalid in the country of which the foreign citizen is a national.

Registration of marriage is usually carried out publicly, and at the request of the persons entering into marriage, in a solemn atmosphere. When registering a marriage, the persons entering into marriage must be present, they must present an identity document and openly express mutual consent to enter into marriage (registration of marriage through a representative is not allowed). The entry must be read by the persons entering into marriage, signed by them and the official making the entry, and stamped.

At the decision of the persons entering into marriage, the registry office determines in which of the official languages of the Republic of Belarus the registration of marriage will be carried out.

If a foreigner does not speak the official languages of the Republic of Belarus, marriage registration is carried out with the participation of an interpreter who has confirmed their professional level with appropriate documents (diploma, copy of work record book, letter of recommendation, etc.). When registering an act of civil status by a foreign affairs institution, the necessary translation may be carried out by an employee of the foreign affairs institution who speaks the relevant foreign language.

When concluding a marriage, future spouses are given the right to choose a surname.

For reference:

If spouses plan to reside in a foreign country, to avoid problems with the recognition of the marriage abroad in the future, it is necessary to take into account the national peculiarities of the formation of women's surnames in the country of nationality of the future foreign spouse.

The marriage of a foreigner to a citizen of the Republic of Belarus does not in itself entail the acquisition of citizenship of the Republic of Belarus. Such a person acquires citizenship of the Republic of Belarus if they wish and comply with the conditions provided for by the legislation (more detailed information in the CITIZENSHIP section).

Within three days from the date of registration of the marriage of a foreigner, the registry office informs the internal affairs body at the place of registration of the marriage (this requirement does not apply to foreign affairs institutions).

DOCUMENTS FOR MARRIAGE REGISTRATION

For the registration of marriage, the following documents must be submitted:

1. joint application of the persons entering into marriage;
2. document confirming the payment of the state fee (1 base value);
3. Passports or other identity documents of individuals entering into marriage, and foreigners present a document confirming their identity and/or status:
   • foreigners permanently residing in the Republic of Belarus – a residence permit in the Republic of Belarus;
   • foreigners temporarily staying in the Republic of Belarus – a national passport or a document replacing it for traveling abroad, with a registration mark in the Republic of Belarus at the registration authority at the place of actual residence;
   • foreigners applying for refugee status or additional protection in the Republic of Belarus – a certificate of registration of such an application;
   • foreigners recognized as refugees (or who have been granted additional protection) – a refugee certificate (or a certificate of additional protection).

Identity documents issued by competent authorities of foreign states are presented with their translation into Belarusian (Russian). The accuracy of the translation is certified by the consulate (embassy) of the state of which the person is a citizen (country of permanent residence of a stateless person), another relevant authority of that state, a notary if he speaks a foreign language, a translator whose signature is certified by an authority performing notarial acts.

Foreigners must additionally provide the following documents (with the exception of foreign citizens and stateless persons who have been granted refugee status or asylum in the Republic of Belarus):

1. a document confirming the absence of a registered marriage with another person, issued by the competent authority of the foreigner's country of permanent residence (validity period of this document – 6 months).
   If a foreign citizen does not reside in the territory of the state of which he is a citizen, then he must provide 2 documents confirming the absence of a registered marriage with another person, issued by the competent authority:
   • of the foreigner's country of permanent residence (validity period of this document – 6 months),
   • of the foreigner's country of nationality (validity period of this document – 6 months).
2. persons who were previously in a registered marriage present a document confirming the termination of the previous marriage, issued by the competent authority of the state on whose territory the marriage was terminated (for foreigners who have been granted refugee status or asylum in the Republic of Belarus – issued by the competent authority of the state on whose territory the marriage was terminated).

These documents are drawn up in Belarusian (Russian). Documents drawn up in a foreign language must be submitted with a translation into Belarusian (Russian). Documents must be legalized, and the accuracy of the translation must be certified by the relevant consular office of the Republic of Belarus or the Consular Department of the Ministry of Foreign Affairs of the Republic of Belarus, unless otherwise provided by international treaties.

Foreigners who have been granted refugee status or asylum in the Republic of Belarus must additionally provide the following documents:

• a document confirming the termination of a previous marriage, issued by the competent authority of the state in whose territory the marriage was terminated (except for documents issued by the registry office of the Republic of Belarus) – in case of termination of marriage.

Citizens of the Republic of Belarus must additionally provide the following documents:

1. a residence permit issued by the competent authority of the state of permanent residence – if a citizen of the Republic of Belarus permanently resides outside the Republic of Belarus;
2. a document confirming the absence of a registered marriage with another person, issued by the competent authority of the state of permanent residence – if a citizen of the Republic of Belarus permanently resides outside the Republic of Belarus;
3. documents confirming the termination of a previous marriage (except for documents issued by the registry office of the Republic of Belarus) – in case of termination of marriage.

Additional documents may also be required in the following cases:

1. in case of reducing the period for concluding a marriage – an application from the persons entering into marriage requesting a reduction in the period for concluding a marriage, indicating special circumstances that require a reduction in this period, and documents serving as the basis for reducing this period;
2. for a person entering into marriage who has not reached the age of 18 – an application for reducing the marriage age, a decision of the guardianship and trusteeship authorities, or a copy of the court decision declaring the minor fully capable (emancipation), a medical certificate of health status (confirming pregnancy) of the person entering into marriage;
3. in case of registering a marriage outside the premises of the registry office – an application from the persons entering into marriage, indicating valid reasons why they cannot come to the registry office to register the marriage;
4. in case of registering a marriage based on a court decision establishing the fact of being in a de facto marital relationship that arose before July 8, 1944 – a copy of such court decision.

RECOGNITION OF MARRIAGES IN THE REPUBLIC OF BELARUS

1. In cases where marriages between citizens of the Republic of Belarus and marriages of citizens of the Republic of Belarus with foreigners are concluded outside the Republic of Belarus in compliance with the form of marriage established by the law of the place of its conclusion, these marriages are recognized as valid in the Republic of Belarus, provided that they do not contradict the following requirements:
   • the presence of consent of the persons entering into marriage,
   • reaching the marriageable age of 18 years (in exceptional cases, due to pregnancy, childbirth or acquisition of full legal capacity by a minor, the marriageable age may be reduced to 15 years);
   • the absence of obstacles to marriage, when marriage is not allowed:
     • between persons, at least one of whom is already in another marriage registered in the prescribed manner;
     • between relatives in the direct ascending and descending lines, between full and half brothers and sisters, as well as between adoptive parents and adoptees;
     • between persons, at least one of whom has been declared legally incapable by the court;
   • the absence of hidden circumstances preventing a person from entering into marriage.
   • Marriages between foreign citizens or stateless persons concluded outside the Republic of Belarus in compliance with the legislation of the respective states are recognized as valid in the Republic of Belarus.

DIVORCE IN THE REPUBLIC OF BELARUS

1. Divorce:
   • of citizens of the Republic of Belarus with foreigners,
   • between foreigners, at least one of whom has a permanent residence permit in the Republic of Belarus,
   is carried out in accordance with the legislation of the Republic of Belarus.
   A marriage can be dissolved:

   by the body registering acts of civil status – on the joint application of both spouses, provided there is mutual consent, no common minor children and no dispute over property;

   by the court – on the claim of one of the spouses in other cases.

2. Divorce between foreigners who do not have a permanent residence permit in the Republic of Belarus is carried out in diplomatic missions and consular offices of foreign states and is recognized on the basis of reciprocity as valid in the Republic of Belarus, if these persons at the time of divorce were citizens of the state that appointed the ambassador or consul in the Republic of Belarus.
3. Divorce between stateless persons who do not have a permanent residence permit in the Republic of Belarus is not carried out.