- Persons who cannot be married to each other in Ukraine
- Family lawyer in Ukraine
- Reasons for the ban on marriage of relatives in Ukraine
- The list of restrictions on marriage, adopted in Ukraine
- Marriage between children adopted by the same person in Ukraine
- Marriage between an adoptive parent and an adopted child in Ukraine
- Registration of marriage by the registry office in Ukraine
- Consequences of registering a marriage on a ship in Ukraine
- Marriage on board in Ukraine
- Family lawyer in Ukraine about persons who cannot be married to each other
- Frequently asked questions to a lawyer in Ukraine
Persons who cannot be married to each other in Ukraine
Persons who are directly related to each other cannot be married to each other.
Relatives (full-blooded, not full-blooded) brother and sister cannot be married to each other. Brothers and sisters who have common parents are considered full-fledged. Brothers and sisters who have a common mother or common father are incomplete.
Cousins, cousins, aunt, uncle and nephew, niece cannot be married to each other.
By a court decision, the right to marriage may be granted between the adoptive parent’s own child and the child he has adopted, as well as between children who have been adopted by him.
An adoptive parent and a child adopted by him cannot be married to each other.
A marriage between an adoptive parent and a child adopted by him can only be registered if the adoption is canceled.
Persons who are relatives of a direct line of kinship cannot be married to each other – this is a general rule, which is disclosed in the following parts of this article.
Family lawyer in Ukraine
On our website advokat-family.com.ua you will find all the answers to your questions in the field of family legislation of Ukraine.
Reasons for the ban on marriage of relatives in Ukraine
This article concentrates not so much the experience of medical research, religious prohibitions, since in the holy books of different religions there is a taboo regarding incest, as the negative experience of having children from persons who are relatives of a direct line of kinship.
History knows religious prohibitions to enter into intimate relationships with relatives up to the seventh degree of kinship, in particular, this position was characteristic of Europe in the 10th century.
Therefore, this norm is imperative, which is dictated by the interests of ensuring the birth of healthy children, which is confirmed by the centuries-old traditions of the overwhelming majority of cultures.
If incest precludes registration of marriage, then sexual intercourse between close relatives should be prohibited by other legislation.
The list of restrictions on marriage, adopted in Ukraine
In Ukraine, there is a clear list of restrictions, according to which marriage registration is prohibited between the following categories of citizens:
- Parents and children, since in some families there are cases of sexual relations between father and daughter, etc., although such facts are hidden, but there are even statistical studies on this matter.
- Relatives (full-blooded, incomplete) brother and sister. Brothers and sisters who have common parents are considered full-fledged. Partial siblings are brothers and sisters who have a common mother or common father.
- Cousins, aunt, uncle and nephew, niece.
Marriage between children adopted by the same person in Ukraine
In this case, there are blood ties, which are taken into account from the above reasons, but there are also legal ties between people, which are de jure equal to blood ties.
So, upon adoption, the status of parents and children is acquired, but such relations are actually not related to consanguinity.
In this regard, by a court decision, the right to marriage may be granted between the adoptive parent’s own child and the child he has adopted, as well as between children who have been adopted by him.
It seems that in this case the court should determine the possibility of marriage of the adopted children, but taking into account the presence of consanguinity in them.
Thus, a person can adopt siblings, so the court cannot give consent to a marriage between them.
Marriage between an adoptive parent and an adopted child in Ukraine
To some extent, the case is different when the adoptive parent and his adopted child wish to register a marriage.
So, part 5 of the commented article established that the adoptive parent and the child adopted by him cannot be married to each other, but the marriage between the adoptive parent and the child he adopted can be registered in the event of the cancellation of the adoption.
If we consider the state registration of marriage by the titles of the articles included in these chapters, then we will get a not entirely clear procedure for the activities of persons to register a marriage.
This refers to a significant part of the declarative rules that do not introduce specifics into the marriage registration procedure.
Registration of marriage by the registry office in Ukraine
In particular, Article 29 of the FC refers to the acquaintance of the bride and groom with their rights and obligations, but it has not been established when and what the body of state registration of acts of civil status explains by the groom.
That is, such an explanation should include the entire Family Code?
It is also considered that the authority cannot clarify the rights and obligations, but such an obligation can be performed by its proper representative.
Consequences of registering a marriage on a ship in Ukraine
The FC has not made a connection with other normative acts, since citizens have the right to register a marriage not only in the civil registry offices, but also in the consular offices of Ukraine and in accordance with Art. 70 of the Merchant Shipping Code of Ukraine about each case of the birth of a child, the conclusion of marriage on the ship, the captain must draw up an act in the presence of two witnesses, and also make an entry in the logbook.
So, marriage is also possible on the ship.
But the further fate of such a marriage is very difficult, since such an act is subject to submission to the civil registration authorities (now according to the FC – civil status) in order to obtain a marriage certificate.
Therefore, it becomes necessary to analyze not only the FC, but also by-laws, in particular, the Order of the Ministry of Justice of Ukraine “On Amendments and Additions to the Rules for Registration of Civil Status Acts in Ukraine” dated November 18, 2003 N 140/5, which specifies the provisions of the FC and other regulations.
Regarding the marriage registered on the ship, in clause 4.16 of the Rules it is said: “The marriage registration is carried out by the civil registration department upon a joint application of the spouses in the established form in the book of reconstructed marriage certificates, on the basis of an act drawn up by the captain of the ship, in the presence of persons, who entered into this marriage.
In the marriage act record, the signatures of the persons who have entered into the marriage are affixed, as well as the data of their passports or passport documents, and in the column “For marks” the grounds for its preparation are indicated: the place, date of drawing up the act, as well as the name of the official who drew it up.
In such cases, the date of occurrence of the actual marriage relationship is indicated in the column “For marks” of the act entry and in the column “Registered marriage” of the marriage certificate in accordance with the date of drawing up the act by the captain of the ship.
Marriage on board in Ukraine
If on the day of contacting the civil registration department the person with whom the marriage was contracted by drawing up the aforementioned act by the captain of the ship died, then the second person has the right to apply to the court with an application for establishing the fact of being in a de facto marital relationship (in accordance with clause 5 of part 5 of Art. 1 article 256 of the Code of Civil Procedure – establishing the fact of a man and a woman living in one family without marriage registration).
In this case, the marriage is registered at the civil status registration department on the basis of a copy of the court decision on establishing the fact of being in a de facto marriage relationship (the fact that a man and a woman live in the same family without marriage registration).
On the basis of the updated act entry drawn up on the day of registration, the applicants are issued a corresponding marriage certificate stamped “Updated”.
In FC, a marriage registered on a ship is proposed to be perceived and associated with the fact of the occurrence of an actual marriage relationship.
In this context, the question arises: why go to court with an application “to establish the fact of being in a de facto marital relationship,” if it is necessary to establish the fact of registration of a marriage?
This question indicates the loss of meaning in the registration of marriage on the ship.
It is also advisable to talk not about the restoration of marriage, but about its registration.
Therefore, in the future, comments on the provisions of the Rules will be widely used to clarify the provisions of the FC, but with reservations.
It should also be noted that the provisions of the Rules also apply to foreign citizens and stateless persons.
But these provisions must comply not only with the FC, but also with the Law of Ukraine “On private international law”, in section IX of which the conflict of laws norms of family law regarding marriage are formulated.
Family lawyer in Ukraine about persons who cannot be married to each other
In resolving a case about persons who cannot be married to each other, the most optimal is to contact a family divorce lawyer, who will help you quickly and efficiently resolve the case in your favor.
Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.
The advantages of going to family law lawyers are:
- the promptness of solving the case about persons who cannot be married to each other;
- quick preparation of documents for their submission to the court;
- saving material and time resources in solving the case;
- the ability to resolve issues online.
To resolve the case, you need to call or write to our family lawyers and we will provide you with all the necessary information as soon as possible!
Frequently asked questions to a lawyer in Ukraine
If the article “Persons who cannot be married to each other” was useful to you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on current changes in the legislation of Ukraine.
Useful site materials advokat-family.com.ua:
- Establishment of the regime of separate residence of spouses
- Credit and divorce – How to divide debts after divorce
- Divorce court fee
- Choosing a surname after divorce
- Surnames of husband and wife after divorce
- Recognition of divorce as fictitious
- The moment of termination of a marriage in the event of its dissolution
- Termination of marriage due to its dissolution
- Grounds for divorce through the court
