The new Family Code is in full use from 15. 4. 2019 and it follows new social situation in regulating the ritual of marriage, which should be subject to greater discretion and a minority of formalism.
At the request of the spouses, the marriage may be concluded without the presence of witnesses. The Family Code has strengthened the role of the Registrar, who has a higher mandate. Future marital couple can choose the marriage procedure only before the Registrar, in the absence of the Chief of the administrative unit or from authorized person or mayor. In the event of a marriage only before the Registrar, the formal speech of the Chief of the administrative unit or from authorized person or mayor is abandoned, which is resulting in a certain rigidity of marriage proceedings. Furthermore, the Family Code gives a legal power to mayors, for the time of the mayor's function, to conduct a marriage procedure. As a result, the mayor no longer needs a special mandate from the Chief of the administrative unit. The marriage procedure takes place in the official premises, but it is also allowed to conclude a marriage outside the official premises. If the spouses conclude a marriage outside the official premises for justified reasons, they shall not bear any additional costs. The spouses may provide a request for a marriage outside the official premises even without the existence of legitimate grounds, in which case, they will bear the flat-rate costs of such marriage. On the other hand, the possibility of representation of one of the prospective spouses by the defendant in the marriage is eliminated. The Family Code requires personal registration of the intended marriage to the administrative unit in whose area the future spouses wish to marry. A repeat ceremony on the anniversary of marriage is being enacted.
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