One of the traditions of the wedding ceremony is the witnesses of the bride and groom, who also have their own responsibilities. As a rule, the couple chooses close friends - the bridesmaid and the groom's friend - as witnesses to the marriage. It is important that these people are not married.
There are times when those getting married have no friends suitable to serve as witnesses, or the wedding takes place far from their native places, where there are no good acquaintances with whom they would like to share this important day in their lives.
In the article we will look at what is important to know about witnesses at a wedding, whether their presence at registration is currently required, the history of the appearance of a certificate at a wedding, and who can become a witness.
Do the registry office need witnesses?
Today, domestic legislation does not oblige those getting married to involve third parties in the procedure for registering relations.
Previously, the presence of witnesses in the process of concluding an alliance between partners was mandatory, but lost its importance when adjustments were made to legal acts. Now the couple can easily get by with just the desire to sign.
At the same time, inviting friends to witness the celebration is not prohibited.
If a man and woman want friends to be present at the painting, then they can find suitable candidates from their future spouse. Most often, such a decision is made during a magnificent event.
In this case, these persons help the newlyweds prepare for the procedure and conduct the wedding. If partners simply want to sign, then such actions are inappropriate.
According to generally accepted rules, there are two witnesses. One represents the husband's side, and the other represents the wife's side.
Citizens must meet certain requirements: age over 18, no official relationship.
However, the registry office employee will not check the indicated information, since there are no such requirements in the law. In addition, information about third parties present at the event is not recorded anywhere.
Witnesses do not sign at the registry office and do not draw up any papers.
What is an obstacle to marriage according to the law?
Marriage legislation is designed to protect respectable citizens from all kinds of swindlers and swindlers; in addition, it is aimed at ensuring the ethical standards traditionally established in our state and at preserving the health of the nation. For this purpose, a number of restrictions have been identified that do not allow formalizing family relationships.
Marriage registration will be refused if the bride or groom:
- are already married to another person, this prohibition applies even if one of the intended spouses is a foreigner and, according to the laws of his country, polygamous relationships are allowed;
- are close relatives “by blood”, this includes: brothers and sisters, including steps, parents and children, grandparents and grandchildren;
- are an adoptive parent and an adopted child;
- have a mental illness and have been declared incompetent by the court.
The young age of the couple in love can also become an obstacle. But this taboo can be circumvented. Young people who decide to get married before the age of 18 receive consent to marriage from local authorities.
There is no exhaustive list of circumstances that allow obtaining permission, but the determining factor may be:
- pregnancy of the bride (confirmed by a medical certificate);
- birth of a child to minors;
- threat to the life of one of the future spouses.
The procedure for obtaining permission in different regions of our country may differ, as it is regulated by laws at the subject level.
For example, in the Moscow region there is the Law of the Moscow Region “On the procedure and conditions for marriage in the Moscow region of persons under the age of sixteen” No. 61/2008-OZ dated April 30, 2008. According to this document, an application for permission to marry is submitted by minors and their parents to the Governor of the region.
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In cases where the parents’ opinions on the possibility of early marriage between minor children do not coincide, they should contact the guardianship authorities to resolve the issue.
When is the presence of third parties necessary?
Only one procedure requires the presence of witnesses - a wedding in a church. This process is also not regulated at the legal level, since this institution is separated from the state.
The rules of the ceremony are regulated by the church. The point is to receive blessings to start a family.
A wedding is a procedure far removed from legal relations. Therefore, taking certain actions and taking part in the process does not entail the assertion of marital rights and obligations.
Only the involvement of the registration authority and the preparation of an appropriate application entails legal consequences for the man and woman.
If the parties neglect the requirements of the current legislation and go only to church, then their relationship can be considered a civil marriage (cohabitation).
In such a situation, protecting the rights and interests of each party is difficult, since the obligations of the spouses to each other are not established.
What are the legal regulations?
According to existing legislation, the presence of witnesses when registering a civil act - the birth of a new family - is not at all necessary. After 2000, this is just a simple tribute to existing traditions. Previously, they had to leave their signature next to the signatures of the spouses. Without this, the document could not enter into legal force.
Now only both newlyweds should be present at the wedding ceremony in person. The presence of witnesses is not specified, and their absence is not an obstacle to concluding a marriage.
It is worth noting that the presence of witnesses even at a non-solemn registration of marriage is very practical. They are the ones who can protect future spouses from a variety of everyday and psychological worries.
For example, witnesses are instructed to ensure that all required documents are taken to the registry office, and that wedding rings, the bride’s bouquet, champagne and other attributes of the celebration are not forgotten.
Read about the state fee for registering a marriage in another article.
Why is it necessary to bring witnesses?
In the Russian Federation, witnesses from the husband and wife play a large role. As a rule, those getting married choose their closest friends for this role.
The bridesmaid performs the following functions:
- organizing an entertainment program for bridesmaids before the wedding;
- helping the bride with choosing a dress, accessories and other things for the celebration;
- designing wedding invitations;
- assistance in preparing for union registration;
- comprehensive moral support for the future wife;
- performing the function of toastmaster if a specialist is not involved in the celebration;
- accepting gifts from those present at the event.
A male witness also has a number of functions.
These include the following actions:
- helping my husband choose clothes for the celebration;
- preparation of activities carried out before the registration of the union;
- assistance in solving financial issues;
- ordering transport for the bride and groom;
- storage of wedding rings;
- control over preparations for registration;
- participation in wedding competitions and providing all possible assistance to the witness;
- moral support of a man;
- receiving gifts.
Thus, the role of witnesses is to provide comprehensive support to future spouses. The function is of a moral nature and in no way affects the rights of the newlyweds or the procedure in the registry office.
In addition, witnesses do not bear any responsibility for the further actions of the spouses. Their participation is a tribute to tradition, and not a legal requirement.
Marriage registration and its meaning
Nowadays, many people live together in a so-called civil marriage. Outwardly, such relationships resemble a full-fledged family. However, from a legal point of view, they are practically not protected. Thus, property is not divided after separation. In the event of the death of one of the representatives of the couple, the other half is not called upon to inherit (except in a will).
Therefore, it is the full-fledged family that is protected by law. It is considered as such from the moment the marriage registration procedure is completed in the registry office.
In confirmation, an appropriate certificate of the established form is issued.
Property acquired during a legal marriage acquires the status of joint property. This means that during a divorce, things (and debts too) are usually divided in half.
The exception is situations when people have signed a marriage contract among themselves. Its clauses may provide for a different procedure for dividing property. Also, in some cases, the courts deviate from the principle of equal shares.
When a person marries before reaching the age of majority, then with the registration of the relationship he gains full legal capacity. If child support was previously paid for the child, payments will be stopped.
If a person is legally married, he cannot simultaneously create another official family. To do this, you must first file a divorce through the registry office or in court.
Getting married gives you the opportunity to change your initials. So, a wife can take her husband’s surname and vice versa. A double surname (one's own and that of the second spouse, hyphenated) is also allowed. In any case, a new passport is issued, and other personal documents (driver’s license, TIN, SNILS) are reissued. Upon divorce, you are allowed to return to your previous surname.
If children are raised within the framework of a civil marriage, then state or local benefits and guarantees provided to official families do not apply.
Basic information
The wedding ceremony is performed by the registry office employees, subject to certain rules and conditions established by law. One month must pass from the date of filing the application, after which the marriage will be registered (in the absence of special circumstances, when the union can be registered on the day of application).
Then the registry office employee makes a solemn speech and enters information into the registration book.
The marriage certificate must contain the following information:
- Full name of the bride and groom before and after registration of the union, as well as their last names before and after changes;
- birth address, citizenship, passport details;
- date of birth, age of the bride and groom, their residential address on the date of registration of the union;
- signatures of the bride and groom and the registry office representative who registers the marriage.
This information does not include information about passport details and signatures of witnesses. The presence of these people during the wedding is not necessary.
When the bride and groom register their marriage without a celebration at the registry office, they often do without witnesses. At the same time, there are circumstances in which the presence of witnesses is necessary.
Necessity
The legislation of many countries of the world (Germany, France, Switzerland, Italy and others) requires the presence of witnesses at the marriage ceremony.
The number of such persons ranges from two to six. They may have special requirements. For example, in Muslim countries these are only persons professing Islam. In Russia the situation is different. Previously existing legal norms provided for the mandatory presence of witnesses in the registry office when registering a couple’s relationship. These requirements were established by the 1969 Marriage and Family Code.
These persons were required to sign the registration book.
A necessary requirement was the presentation of a passport or other identification document. Without the participation of these persons, the procedure could not be considered valid and the marriage could not be considered concluded.
Since 2000, you can sign at the registry office without witnesses. The current legislation does not mention such a figure at all; its legal status is not regulated in any way. Currently, this is only a tribute to tradition.
The bigger, the better
It's about the number of witnesses. Everyone is used to the fact that there should be two of them. What if you go against the system and appoint four or six? An original approach. And practical! If there are more of them, then the responsibilities will be distributed evenly. Two people will not be torn between a huge number of tasks. And certainly nothing will ruin the wedding. In any case, the holiday will go like clockwork, since a certain person will be responsible for each moment.
This is how you can answer all the questions regarding whether witnesses are needed when registering a marriage. The year 2016 is the 21st, modern century, in which you can, of course, do without them, but is it worth it? After all, close friends who help organize the celebration and support the future newlyweds during such an important period for them are really great.
Legislative norms
Many newlyweds, when preparing for a wedding, are surprised to learn that the presence of witnesses during the ceremony is just a tribute to tradition , because previously it was possible to enter into a marriage only if not only the bride and groom, but also their chosen representatives signed the relevant documents.
Now, Clause 4, Article 27 of the Federal Law “On Civil Status Acts” clearly states that the presence of witnesses is not necessary . The most important thing is that both newlyweds are present at the union ceremony (although there are exceptions).
The law does not require the presence of other persons at the ceremony except the bride, groom and the registry office representative.
However, if a couple decides to seek the help of witnesses, there are a few things they should keep in mind.
Who can be chosen as a witness, and what legal rights do these persons have?
- Any person (preferably an adult), including a relative or family friend, can be chosen as a witness.
- This position does not impose any legal duties or rights on the witness.
- The groom's witness must be a man, and the bride's witness must be a woman.
- Most often, representatives of a couple are distinguished by special red ribbons with the inscription “witness”.
Witnesses are almost always close friends and relatives. They are considered moral support for the bride and groom on such an important day for them. Since the process of concluding a marriage can sometimes be too exciting, the support of a close friend will never be superfluous.
If the bride and groom prefer a non-celebratory ceremony, you should be prepared for the fact that the registry office representatives will not allow anyone other than the couple themselves into the specially designated room. That is why, during a non-ceremonial ceremony, it is better to refuse the presence of witnesses in advance .
Read the article about what expenses newlyweds expect when registering with the registry office. Also, many will find the article about replacing documents after a last name change useful.
