Formation of Marriage, Its Place and Conditions
For the formation of a marriage its registration by the organ of registration of civil acts is mandatory — living together does not itself create a marriage. The registration of marriage is carried out at the place chosen by the persons wishing to marry. The marriage of a person placed in a penitentiary establishment is registered at a specially designated place within that establishment.
For the registration of marriage the marriageable age of the persons wishing to marry and their consent are necessary. The law states the marriageable age directly: marriage is allowed from the age of 18 years. The marriage of an adult person with limited legal capacity is allowed with the prior written consent of the curator, and where consent is refused or its receipt is impossible — on the basis of a court decision.
Procedure of Marriage Registration and the Choice of Surname
For the registration of marriage, an application of the persons wishing to marry must be submitted to the organ of registration — personally or through a representative, provided the representative authority is confirmed in the manner established by the legislation of Georgia. In the application the persons wishing to marry must confirm that no circumstances impeding the marriage exist for them, that they know each other's state of health and family situation; they must also indicate which marriage in order this is for each of them and whether they have children.
The registration of marriage is performed in the presence of the persons wishing to marry and of at least two adult capable witnesses. Registration of the marriage through a representative of a person wishing to marry is inadmissible. At the request of the persons, the registration may be conducted in a ceremonial setting; the procedure of marriage registration is determined by an order of the Minister of Justice.
At the registration of marriage the spouses have the right to choose the surname of one of them as their common surname, and also for both or one of them to choose a surname resulting from the combination of their own surname and the spouse's surname. The combination of surnames is inadmissible where the pre-marital surname of one of them is a two-member (double) surname. A change of surname is likewise inadmissible if criminal prosecution is pending against the person, including where the person is wanted by the law enforcement organs of Georgia or another state or by the International Criminal Police Organization (Interpol) — in that case only the registration of the marriage without a change of surname is carried out.
Circumstances Impeding Marriage
The law enumerates the circumstances that impede marriage. Marriage is not allowed:
- between persons of whom at least one is married to another;
- between relatives of the direct ascending or descending line;
- between biological and non-biological siblings;
- between an adopter and an adoptee;
- between persons of whom at least one is a recipient of support and who have not concluded the marriage contract provided for by the Civil Code of Georgia;
- between persons of the same biological sex.
Registration of Divorce
For divorce, its registration by the organ of registration is likewise mandatory. The registration of divorce is performed on the basis of an application of an authorized person or of a court decision. The organ registers a divorce if one of the spouses is a citizen of Georgia or a person holding a residence permit in Georgia, and also if the marriage was registered by an authorized organ of Georgia. The right to apply to the organ for the registration of divorce belongs to the spouses jointly, and also to one of the spouses where a court decision on divorce exists, where the other spouse has been declared missing by a court, or where the other spouse has been sentenced to imprisonment for a term of not less than 3 years.
The registration of divorce with a convicted spouse is carried out where there is no dispute between the spouses concerning the division of their common co-ownership, the award of alimony for the benefit of a disabled spouse, or their common children. In order to verify the absence of grounds for refusal, the organ notifies the convicted spouse of the submission of the application for divorce and sets a reasonable period for presenting a written answer: this period must not exceed 1 month from the day of sending the notice where the convicted spouse serves the sentence in Georgia, and 6 months where the convicted spouse is in a prison establishment of another state. If the convicted spouse declares the absence of a dispute or fails to present a written answer within the period, the organ registers the divorce.
The court sends its decision on the divorce of the spouses to the organ of registration within 5 working days from its entry into legal force, and the organ, on the basis of that decision, performs the registration of divorce regardless of the date of the decision's entry into force. The organ is entitled not to perform the registration if the court decision does not establish the personal number of each spouse (where such exists), the name, surname, date of birth, date of the marriage registration or the name of the registering organ.
Deadlines: where the spouses apply jointly, or where a court decision exists or the other spouse has been declared missing, the registration of divorce is performed immediately after 5 working days from the submission of the application, provided that within this period the application is not withdrawn by the spouse who submitted it or, in the case of a joint application, by at least one of the spouses. With a convicted spouse, the registration is performed within 2 working days from the receipt of the answer, and where no answer is presented within the period set by the organ — within 2 working days from the expiry of that period. Upon divorce the marriage is deemed terminated from the moment of the registration of divorce.
As for the surname, the spouse who changed the surname as a result of the marriage is entitled, at the registration of divorce, to decide to keep the surname acquired through the marriage after the divorce as well; that spouse may also request, at the registration of divorce or later, the restoration of the pre-marital surname. A change of surname at the registration of divorce is inadmissible where criminal prosecution is pending against the person, including being wanted with the involvement of Interpol — then only the registration of divorce without a change of surname is carried out; this restriction does not apply where the divorce is performed on the basis of a court decision and the change of the spouse's surname is indicated in that decision.
Change of Name and Surname
The right to change a name or surname belongs to a citizen of Georgia and to a stateless person with status in Georgia whose birth is registered in Georgia. The change of the name or surname of a minor between 16 and 18 years of age is admissible at that person's request and with the consent of a parent or other legal representative; for a minor under 16 — with the agreement of the parents, and where they disagree the issue is resolved by a court taking into account the interests of the child. Where an unmarried mother changes her surname, or where the parent whose surname is borne by the child changes it and the parents have different surnames, the surname of a minor under 10 years of age is changed together with the parent's surname; where the minor has turned 10, the change of the minor's name or surname is possible only with the minor's consent. The change of the name or surname of a recipient of support is admissible at that person's request and with the assistance of the supporter, and that of an adult with limited legal capacity — at the person's request and with the consent of the curator, unless a court decision provides otherwise.
An adult person has the right to change their name of their own will only once, unless otherwise established by law. When changing a surname a person may take: the combined surname of the parents; the surname of a relative of the direct ascending line (including relatives of the fourth generation — great-grandparents); a surname resulting from the combination of the person's own surname and that of an ascending relative; the surname of a de facto fosterer; the surname of an adopter; the pre-marital surname if it was not restored upon the termination of the marriage; the father's surname upon the establishment of paternity; the historical surname; and a surname granted by an authorized organ of another state.
The restoration of a historical surname is possible where the totality of evidence confirms that the person's surname originated from the transformation of another surname or from the adoption of another surname by a representative of the historical surname; a reasoned scientific conjecture confirming these circumstances may also serve as a basis. Upon the establishment of a surname — where the birth entry indicates no surname — the person may be given the surname of a relative of the direct ascending line, or another surname which the person used for not less than 5 years before the entry into force of this law; where this is impossible, a surname derived from the person's own first name or that of a relative, with a desired ending or without one.
Refusal to Change a Name or Surname
A change of name is inadmissible where the applicant chooses as a name digits, punctuation marks, geometric figures, graphic images, symbols, obscene or insulting words, or a name composed of more than two names. The combination of surnames is inadmissible where at least one of the surnames is two-member (double). A change of name or surname, the establishment of a surname and the legal recognition of a surname are inadmissible where the person is suspected of committing a crime and is wanted by the law enforcement organs; also where the application of a person who has reached 16 years of age has not been submitted directly to the corresponding territorial service of the Agency or, abroad, to a diplomatic representation or consular establishment of Georgia (except for the case provided for by law); where the person was deported or readmitted to Georgia and 5 years have not passed since the deportation or readmission; and where criminal prosecution is pending against the person, including being wanted through Interpol — until these circumstances are eliminated.