Engagement is a mutual promise to connect to a marriage, but it does not give the right to seek the conclusion of a marriage by trial.

In the Civil Law it is stipulated that if the engagement is cancelled or if one of the engagements recedes from it, each engagement must return all the property supplied to him by the other, his parents or any other person in connection with the intended marriage. If the donor is dead, the right to recover the gifts shall not be transferred to his or her heirs, but the heirs may continue to claim the deceased, if any. The former special may remain a gift to her if the former betrothed has no objection to it.

Read more about engagement regulation in Part One of the Civil Law.

 

The marriage agreement is an agreement between spouses on the regime of property regimes. It would be advisable for each married couple to enter into a marriage contract, since the marriage contract has the following advantages:

 

• the possibility for spouses to decide on their own property;
• the possibility of avoiding a dispute between spouses of property;
• the possibility of facilitating the division of property in the event of a divorce;
• clarity on the status of the spouse's assets in the succession process by eliminating disputes between the surviving spouse and other heirs;
• a particularly important document at a time when most properties are purchased in credit.

 

The matrimonial property relationship, as defined in the marriage agreement, introduces more legal certainty compared to the matrimonial property regimes provided for by law and eliminates property disputes. It may be the only way to ensure that the whole family does not suffer from the property problems of one spouse. The marriage contract may also include an agreement in the event of a divorce or the death of a spouse.

 

The marriage contract must be written, confined to a sworn notary, in the presence of both spouses, in a clear and uninterpretable manner.

 

Types of marriage contracts:

• a marriage agreement for the separation of all things. All the property acquired prior to the marriage, as well as the property acquired during the marriage, shall be the property of the spouse on whose name it is registered. Each of the spouses shall be free to dispose of the separate property belonging to them and shall not require the consent of the other spouse to carry out any business.
• a marriage agreement for the community of all things. The property of the two spouses is both property acquired before the marriage was concluded and the property obtained during the marriage. In this case, the spouses agree on the arrangements for the management of the two common belongings.

 

Marriage Agreement is registered in the register of matrimonial property regimes, but for real estate: in the Land Register and is binding on all third parties, such as creditors, courts, bailiffs, etc. The marriage agreement can be concluded at any time, both before the marriage is entered into (as betrothals) and at any time after the marriage has been concluded, and for many years thereafter. The marriage agreement in part on the matrimonial property regime shall be valid during the spouses' lives and marriages. Spouses shall at any time be entitled to modify or terminate the marriage agreement concluded between them, as well as to agree on the property regime of other spouses. This must be done by a sworn notary.

 

Registration of the marriage contract.

 

Entering into marriage

 

Latvian nationals resident in foreign states may replace the identity document at the diplomatic or consular office of Latvia in a foreign state after a previous recording. The personal identification document will be produced in Latvia and sent for service to the Latvian foreign state.

Persons who have previously been in another marriage and have not been included in the Register of Natural Persons in the divorce shall present ONE of the following documents in the correspondence department:

• the death certificate of the former spouse. You can request electronically on the Latvija.lv portal, e-service The death certificate or certificates from the Death Register Request;

• a divorce certificate issued by a family list department or a sworn notary;
• a judicial judgment in force with which the marriage was divorced or invalidated;
• an extract or a statement from the marriage register with details of the divorce. Information can be reported on the portal Latvija.lv, e-service A marriage certificate or certificates from the marriage register request.

 

If it is not possible for a person wishing to conclude a marriage to obtain one of the documents mentioned above, it shall be replaced by a judgment of the court concerning the establishment of that fact.

To check the family status information included for you in the Register of Natural Persons:

• use a free e-service My Data in the Register of Natural Persons.

 

If the divorce details, if any, are not included in the Register of Natural Persons, then you are obliged to refer to any territorial division of the PMLP, taking the original document certifying the fact of the divorce, so that the information is entered in the Register of Natural Persons.

 

If a person wishing to enter a marriage is a minor, the submission must be accompanied by a written authorisation of the parents or guardians of the minor person or the relevant Orphan's Court.

 

At the same time as the submission of an application for registration of marriage to the family register department, it is necessary to pay The State fee about marriage registration. It is also a prerequisite for the application to be accepted. Information on the payment arrangements is available in the family list section. Cabinet Regulation No. 906determine in which cases persons are exempted from the State fee.

 

If you want to enter into a marriage not in the family register department in which you submitted an application for entering into a marriage, but in another family section or in a clergy, you need a statement (Annex 6 to Cabinet Regulation No 761) from the family list department in which you submitted a submission regarding the entering into of a marriage. The statement is free.

 

A marriage shall be concluded not earlier than one month and not later than within a period of six months after the submission of the application and other documents necessary for entering into the marriage to the correspondence department; or at the diplomatic or consular office of Latvia in a foreign states if there is no marriage in the Civil Law the identified obstacle. The submission of other documents to prospective spouses applies where one of them has to prove that the previous marriage is no longer valid. In urgent cases, the official of the family list department has the right to shorten the minimum (one month) time limit.

 

A marriage certificate will be issued to the spouses after the marriage is concluded.

Entering a marriage in a church

Planning to marry in a church, you in a family-listed department, or when you stay abroad permanently, in the diplomatic or consular post of Latvia abroad an application for entering into a marriage shall be submitted. This must be done no later than one month before the scheduled marriage date. After drawing up the documents, the correspondence department will issue a statement (Annex 6 to Cabinet Regulation No 761) which will have to be submitted to the parishioners. Christian marriage has its own conditions, but they are also governed by The Civil Law. Consequently, in this case, future spouses are also bound by the procedure for submitting documents described in the section on “Marriage in the Family List”.

 

In order to conclude a marriage in the church, future spouses must be baptized and blessed in the congregation. If the bride and fiance belong to different Christian denominations, it is possible to marry in the Church of the same denomination, but the intention must be agreed with the cleric.

 

Clerics will send the necessary information to the marriage register to the family list department in the territory of which the marriage took place within 14 days. A marriage certificate signed by a clergyman shall be issued in the Church, the form of which shall be the same as the marriage certificates issued in the Department of Families.

 

A repeated marriage certificate cannot be received by the clergy - it is issued by the family register department or Latvian diplomatic or consular post abroad.

 

If you need any repeated civil status documents (birth, marriage and death certificates or certificates), you may request these documents by appealing in the Department of Justice Dzimtsaraksts. If it is necessary to certify the document with Apostille in order to have legal effect for submission to other national authorities, a sworn notary must be addressed. Contact details of Latvian sworn notaries can be found on the portal https://www.latvijasnotars.lv/, under the heading “Search for notary“.

 

If you live permanently abroad and have declared your place of residence in the register of natural persons, you have the opportunity to request these documents with Representation of Latvia mediation, as well as requiring legalisation of documents.

If it is necessary to receive a repeated birth certificate or statement:

• use e-service Request for a duplicated birth certificate or a certificate from the Birth Register.

 

• use e-service The death certificate or certificates from the Death Register Request.

 

You can apply for a new personal identification document electronically by making a note here.

 

You must understand the educational and archival documents personally in the relevant educational institution or in the Latvian State Archives.

A description of the charge service is available on the Latvija.lv portal Requesting documents from the authorities of the Republic of Latvia through diplomatic and consular missions of the Republic of Latvia within the framework of which a person who is staying abroad may submit an application for the request of documents through the Latvian Mission abroad and, if necessary, to order the legalisation of the document to be understood. You can use the service if you have informed the Office of Citizenship and Migration Affairs about your residence abroad by registering your residence abroad.

 

Attesting the authenticity of documents (legalisation) means certifying the signature and the authenticity of the stamp of an official, so that public documents drawn up in one country obtain legal effect in another country. Traditionally, this function is carried out by foreign services and consular officials of diplomatic missions. In Latvia, attesting the authenticity of documents with Apostille sworn notaries shall take place as from 1 July 2019. Apostille required for documents intended for use in the country which acceded to the Hague Convention of 5 October 1961 on the abolition of legalisation requirements for foreign public documents (list of countries available here).

Legalisation of documents Consular Department of the Ministry of Foreign Affairs. Legalisation of documents shall also be carri Diplomatic and consular missions of Latvia. Legalisation is required for documents intended for use in a country which has not acceded to the Hague Convention of 5 October 1961 on the abolition of legalisation requirements for foreign public documents, i.e. the State cannot be listed on this website.

With e-service, only the documents listed in the description of the e-service — birth, marriage and death certificates and certificates — can be required.

 

When submitting an application, the details of the person (himself or herself, a deceased relative or of his or her minor child, the understanding document and the legalisation of the document, as well as the payment must be made. Requesting the documents of an adult person for himself or herself shall be carried out personally.

After you pay, you can receive a document in person Latvia's representation abroad or by post, if such service is provided by the relevant representation of Latvia abroad.

If you want to receive a statement from the Latvian Mission abroad regarding the data in the Register of Natural Persons or the Road Traffic Safety Directorate (CSDD) register, use e-service on the portal Latvija.lv Issuing of certificates. You must pay when executing an e-service.

There are differences in legal protection between marriage and unregistered cohabitation. There is no special protection for unregistered cohabitation, whereas marriage has.

Examples:

1. If the parents are married, one of the parents may be able to register the birth of the child. If the parents of the child are not married, the registration of the birth of the child must come to both parents because a joint application for recognition of paternity is to be submitted;
2. Gifts from a spouse are not taxed, while gifts from an unregistered partner are taxed at a value exceeding EUR 1425 per year;
3. Less State fees are applied to spouses, strengthening ownership rights in the Land Register, as well as lower payments for notarial services in the handling of inheritance cases;
4. Spouses are entitled to benefits after the death of their spouse, unregistered cohabitation partners are not provided for such benefits;
5. Spouses have the right to take decisions on the medical treatment of a spouse if the other person is unable to do so for health reasons. It is only possible for unregistered partners on the basis of a mandate;
6. The property acquired jointly during the marriage or acquired by one of the spouses but by the means of both spouses or by the other spouse shall be the joint property of both spouses (unless otherwise specified by the marriage agreement). In case of doubt, it must be assumed that this property belongs to both similar parts. The community of property does not form in an unregistered relationship; however, partners may own the property as co-owners, if such status is entered in the Land Register;
7. The spouse has the right to request the extradition of his or her integral part of the legacy of the cohabitation partner, even if all the property in the will has been elected to another person. The unregistered partner has no such right, nor is it entitled to inherit from the partner in the absence of a will or contract;
8. Spouses may jointly adopt a child (except when the child of the other spouse is adopted), but persons not in a marriage cannot adopt the same child.

 

Entering a marriage abroad

If a citizen of Latvia or a non-citizen of Latvia concludes a marriage outside the Republic of Latvia, observing the laws of the foreign state in the territory of which the marriage was entered, such marriage shall be in force in the Republic of Latvia if:

• at least one of the spouses is adult (if the other has reached the age of at least 16, there must be a permit for parents or guardians to marry);
• marriage between relatives, adopter and adopter is not closed;
• there is no marriage between partners of the same sex;
• one of the spouses is not already in marriage.

In order to conclude a marriage abroad, Latvian nationals need to submit a statement from the Latvian Register of Natural Persons regarding their marital status to the relevant foreign institution, which is responsible for registering the marriage. If you are outside Latvia, you can request a specific statement at the diplomatic or consular office of Latvia in a foreign state or, send a request Office of Citizenship and Migration Affairs (OCMA). You can obtain a statement at the diplomatic or consular office of Latvia in a foreign state. Where the national authority concerned requests the submission of a certified statement Apostille*, then the statement must be received Office of Citizenship and Migration Affairs (OCMA). The information issued by the PMLP will need to be translated and transmitted for certification by: Apostille * For Latvian sworn notary. If the request for a statement is received by the OCMA by post from a foreign country, the statement shall be issued only on-site at the diplomatic or consular office of Latvia in a foreign state because the applicant for a statement must be identified once (presenting a personal identification document) in order to prevent the information from being sent to a foreign address to a person who is not entitled to receive it.

 

To request a statement electronically, you can use the e-service of the Ministry of Foreign Affairs Issuing of certificates within the framework of which you may submit an application for a statement from the Latvian Mission abroad regarding the data of your family status in the Population Register. The receipt of a statement shall be subject to payment of the State fee and consular remuneration.

 

To electronically request a statement of family status in the Office of Citizenship and Migration Affairs (OCMA) while abroad, you can use the Latvija.lv portal  e-address when submitting a request for a statement to the OCMA. The statement will be sent to the address of the place of residence indicated by you in a foreign country or to the chosen foreign agency of Latvia. To be paid for the receipt of a statement The State fee, as well as service charge about receiving a statement by mail.

 

Notification of a marriage entered abroad

Section 15 of the Population Register Law determines the obligation of a person to notify the Office of Citizenship and Migration Affairs (PMLP) regarding a marriage entered into abroad, regardless of whether the marriage has been entered into with the national of Latvia or any other country. It is necessary to have your family and heritage rights sorted out.

 

Information on the marriage entered into in foreign states must be provided within 30 days to the diplomatic and consular missions of PMLP or Latvia abroad. When you proceed to announce the marriage, take the identity document (including the original or copy of the spouse's identity document), the marriage registration certificate, and the translation thereof.

 

Attach a copy of the marriage certificate (to be presented in the original), as well as the translation of the document into Latvian (the correctness of the translation on the document is confirmed by the interpreter) to the submission requested to update the information in the Population Register regarding the entering into the marriage. If you submit the submission with the documents to the Latvian Mission in a foreign state and the documents will be in English, German, French or Russian, the translation will not be necessary. According to the country of issue of the document, it may be necessary to certify the authenticity of the document by Apostille * or legalisation. In the application for updating of the information, indicate the surname after the marriage if it has changed, but it is not indicated in the marriage certificate attached to the application.

 

*legalisation of documents or proof of authenticity means certifying the official's signature and the authenticity of the stamp so that public documents drawn up in one country can obtain legal effect in another country. You can get information about legalization Website of the Ministry of Foreign Affairs.

 

Right of a foreigner to marry in Latvia

A citizen of the European Union (EU), a European Economic Area (EEA) country or the Swiss Confederation or a national of another country, a stateless person, refugee or person who has been granted alternative status and who is entitled to reside in the Republic of Latvia at the time of entering into his or her marriage may enter into a marriage with a citizen of Latvia, a non-citizen of Latvia, a citizen of the EU, EEA State or Swiss Confederation or another national. a State citizen, stateless person, refugee or person who has been granted alternative status and is entitled to reside in the Republic of Latvia at the time of entering into a marriage.

 

In order to register a marriage in Latvia, a third-country national shall submit a document regarding the registration of the marriage and other documents, if such documents have been necessary (see Section “Conclusion of marriage in the correspondence section”), issued by the competent institution of the relevant foreign state, regarding the state of the family. It shall be valid for six months if the document does not contain a shorter term.

 

A document issued abroad must be accompanied by a translation certified by an interpreter in Latvian. Similarly, documents issued abroad may need to be legalised or certified by Apostille* . Legalisation is not required if the document is issued in the EU, EEA State or the Swiss Confederation.

 

If a person who has been granted stateless status, refugee status or alternative status in the Republic of Latvia does not have the necessary documents and they cannot be obtained, the relevant documents shall be replaced by a written declaration of the referred to person. The declaration has a defined form (Annex 5 to Cabinet Regulation No 761) when completing which person shall certify that he or she is not in a marriage. An official of the family list department is entitled to prescribe another time of entering into a marriage, which is not less than a month, but not longer than six months from the day of the taking of the submission, in order to perform the examination of the documents produced and submitted.

 

The foreigner's given name and surname in the marriage register and marriage certificate will be reproduced in accordance with the requirements of the official language, with the possibility to indicate in addition to cross-hatches the given name and surname in Latin characters. You can use an app to learn more about personal name rendition Rendition of other language personal names in Latvian, as well as referring to advice in the Latvian language agency.