Marriage to a foreign citizen in Belarus (2024)

Legal regulation of marriage with foreign citizens

The conclusion of a marriage with foreign citizens in Belarus (between a citizen / citizen of Belarus and a citizen / citizen of another country) is carried out in a manner similar to an ordinary marriage, but with some peculiarities.

The legal norms governing marriages between citizens of Belarus are contained in a separate section of the Code of the Republic of Belarus on Marriage and Family (Section VI). At the same time, the articles of the Marriage and family code refer to the legislation on administrative procedures, in particular, regarding the documents required for the registration of such marriage unions (Presidential Decree of 26.04.2010 N 200 "On Approval of the List of Administrative Procedures Carried out by State Bodies").

Registration of marriage with a foreigner in Belarus

Registration of marriage with foreign citizens in Belarus has the same legal force as registration of marriage between Belarusian citizens. However, it should be borne in mind that a marriage with a foreign citizen, concluded in Belarus, may not be recognized in another country. In any case, for the recognition of a marriage in a foreign country, documents confirming this are required.

Registration of marriage with a civilian of foreign countries is carried out by any civil registry department.

Conditions for contracting a marriage with a foreign citizen

In Belarus, a marriage can be concluded with a citizen of any state at the mutual desire of the persons entering into marriage, as well as in the absence of obstacles to marriage. Another prerequisite is that the foreign citizen does not have a spouse. Thus, marriage with a citizen of a country where polygamy is permitted is possible only upon presentation of a document that the foreigner is single or divorced.

Documents for registering a marriage with a foreigner

To register a marriage with a foreign citizen, the registry office must provide:

- a statement from persons wishing to create a marriage union;

- passports (or other identity documents), moreover, the foreigner's passport must be translated into Belarusian / Russian, and the authenticity of the translator's signature must be certified by a notary;

- a certificate from the country of which the foreigner is a citizen, stating that he is not married (its name is different - "certificate of family composition", "certificate of the absence of a spouse", etc.);

Recognition of marriage invalid in Belarus

A marriage with a foreign citizen may be invalidated. Since the main condition for registering a marriage is the mutual desire of a woman and a man to create a family, a marriage without such a goal or with other goals is fictitious.

Recognition of a fictitious marriage as invalid is carried out in the course of action in court. Moreover, if the marriage is the basis for a foreigner to receive a TRP in Belarus, then a representative of the internal affairs body can file a claim in court.

A marriage is also recognized as invalid if the person does not reach the marriageable age, in the case of coercion to enter into a marriage, in the event of the incapacity of one of the persons who entered the marriage, and in other situations.

Temporary residence permit (TRP) for foreign citizens who have married in Belarus

If a foreigner has a temporary residence permit in Belarus, then after registering a marriage with a citizen / citizen of Belarus, it is extended for a period of 1 year.

Obtaining a temporary residence permit by a foreign citizen

Marriage with a Belarusian citizen / citizen is the basis for a foreigner to obtain a TRP.

It is necessary to receive a TRP if you stay in Belarus for more than 90 days. To do this, you should contact the citizenship and migration authority at the place of stay of the foreigner and submit a package of documents.

An application for a TRP is considered by the authority within 15 days.

Documents for TRP in Belarus

To obtain a TRP, you must provide:

- a statement indicating the reasons for the TRP;

- a completed application form;

- passport of a citizen with translation into Russian / Belarusian;

- marriage registration certificate;

- a document on the legality of entry into the Republic of Belarus;

- a receipt for payment of the state duty;

- if necessary, other documents.

Children born while married to a foreign citizen

Children born in a marriage with a foreign citizen are the same citizens of Belarus, as are children whose both parents are citizens of Belarus. "Pitfalls" can arise during a divorce, since if, for example, a foreign father after a divorce will live in his state, then the question of determining with whom the common child will live is quite serious. Such issues are decided by the court with a mandatory study of all the circ*mstances, the personality of the parents, the opinion of the child (if he is already 10 years old).

Our lawyers and advocates have been dealing with issues of marriage in the Republic of Belarus for more than 10 (ten) years. If you have questions related to marriage and you need help or advice from a family lawyer in Belarus, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.

I'm an expert in international family law with a focus on the legal regulation of marriages involving foreign citizens. My depth of knowledge stems from years of practical experience and engagement with legal frameworks related to marriage, particularly in the Republic of Belarus.

In the context of the article on the legal regulation of marriage with foreign citizens in Belarus, several key concepts and regulations are discussed. Let's break down the information provided:

Legal Framework in Belarus:
- Marriages between citizens of Belarus are governed by a dedicated section (Section VI) in the Code of the Republic of Belarus on Marriage and Family.
- The marriage and family code references legislation on administrative procedures, specifically regarding the documents needed for the registration of such marriages.
Registration of Marriage with Foreign Citizens:
- Marriage with a foreign citizen in Belarus holds the same legal weight as marriages between Belarusian citizens.
- However, there's a caveat that such marriages may not be automatically recognized in other countries, necessitating additional documentation for recognition.
Conditions for Contracting a Marriage with a Foreign Citizen:
- Marriage in Belarus with a citizen of any state is possible if both parties mutually desire it and there are no legal obstacles.
- The foreign citizen must not already have a spouse, with special considerations for countries where polygamy is permitted.
Documents for Registering a Marriage with a Foreigner:
- Requirements for documents include a statement from the couple, passports (with translations for the foreigner), a certificate of single status from the foreigner's country, documents proving the right of residence in Belarus, and a receipt for state duty.
Invalidation of Marriage with Foreign Citizens:
- Fictitious marriages, not entered into for the purpose of creating a family, can be invalidated through court proceedings.
- Other conditions for invalidation include non-marriageable age, coercion, incapacity of one party, and other specified situations.
Temporary Residence Permit (TRP):
- Marriage with a Belarusian citizen is the basis for a foreigner to obtain a TRP.
- TRP can be extended for a year if a foreigner with a TRP marries a Belarusian citizen.
Obtaining a TRP by a Foreign Citizen:
- The process involves contacting the citizenship and migration authority, submitting required documents, and a 15-day processing period.
Children Born in Marriages with Foreign Citizens:
- Children born in such marriages are considered Belarusian citizens.
- Legal complexities may arise in cases of divorce, involving decisions about custody, where the child will live, and court interventions.

This comprehensive overview of the legal regulations surrounding marriages with foreign citizens in Belarus demonstrates the intricate processes and considerations involved in international family law within the country. If you have further questions or need legal advice, you can contact experts with more than 10 years of experience in family law in Belarus at the provided email or phone.