What is marriage: definition of the concept in the Family Code. Marriage

1. The concept of marriage as a voluntary union of a man and a woman.

2. The procedure for registering a marriage with the registration authorities civil status.

3. Circumstances necessary for marriage:

a) voluntary decision of the spouses;

b) achievement marriageable age;

c) lack of consanguinity;

d) absence of another registered marriage.

4. Circumstances leading to the establishment of the invalidity of a marriage:

a) concealing the secret of the disease;

b) the fact of forced marriage;

c) the presence of fictitious goals.

5. Possibility of joining marital relations before reaching the age of 18:

a) the presence of special circumstances;

b) consent of parents, legal representatives;

c) the process of emancipation.

6. Rights and obligations of spouses:

a) personal rights (choice of surname, place of residence, work, equality in matters of raising children);

b) responsibilities of spouses (joint farming, care, respect).

7. Marriage contract as an agreement between spouses or persons entering into marriage.

8. Features of the marriage contract:

a) notarization;

b) the opportunity to specify property rights;

c) inviolability of non-property rights and obligations.

9. Procedure for divorce:

a) in the registry office;

b) in court.

10. Modern tendencies development of the marriage institution in Russia.

Every day marriages are concluded and families are formed. But family happiness It is not issued at the wedding palace, it is built by the spouses themselves gradually, almost throughout their lives.

To answer this question, we present two definitions of family and relate them to the given situation.

• Family is a union of persons living in the same territory, connected with each other by a material and moral community of life, providing each other mutual assistance and support .
• A family is a union of persons bound by mutual rights and obligations arising from a registered marriage.

This shows up:

• in the form of cohabitation.
  Performing work in a remote location (sailors, military service etc.) does not mean the breakdown of the family. Nowadays, “guest marriages” have become widespread, when spouses, by mutual agreement, live in different places and just come to each other.
• in housekeeping.
  This means shared meals and a shared budget. There are exceptions (for example, newlyweds live separately with their parents, who support them).
• in common interests and problems.
  This point is especially important. Spouses who live together but do not discuss issues of their lives and spend their leisure time apart are unlikely to form a full-fledged family.

Rights and obligations are set out in Family Code(for example, the right to choose a surname, the obligation to raise children). Usually additional rights and obligations are established. Women are more often responsible for housekeeping, men - for minor repairs. Children are assigned lighter duties: washing dishes, cleaning toys. Neglecting this means violating the responsibilities of a family member.

Thus, answering the question, we can say that a family cannot be called one in which there is only a marriage relationship, and there is no responsibility for each other, mutual responsibilities and support.

What is marriage?

Marriage is a free and equal union of a man and a woman, with the goal of creating a family and generating mutual rights and obligations between spouses.

The following can be distinguished signs of marriage.

1. Marriage- This union men and women. The word “union” is broader than the word “deal” or “agreement”, since in addition to the distribution of responsibilities in the family, the union of a man and a woman presupposes a certain spiritual community, a predisposition towards each other, and preference for others.
2. Marriage- This monogamous union, i.e. a union in which preference is given to only one partner. Monogamy is the only form of marriage recognized in Western countries and Russia. In some states where it dominates Muslim religion, there are polygamous marriages (polygamy).
3. Marriage- This free union. Marriage is free and voluntary, as is, in principle, free to dissolve a marriage.
4. Marriage- This equal union. A man and a woman entering into marriage are equal to each other both in terms of personal rights, choice of profession, raising children, and in terms of jointly acquired property.
5. Marriage- it's such union, which registered with the civil registry office (registry office). It is from the moment of marriage registration that the rights and obligations of the spouses arise.

Are “Family” and “Marriage” the same thing?

"Family" and "Marriage" are different concepts, but between it there is close connection: Marriage helps build a more balanced relationship between spouses.

Marriage is an institution that admits men and women to family life, a union that produces between spouses legal rights and responsibilities. This applies to both men and women.

Family is a deeper concept, since it is not only a circle of persons interconnected by rights and obligations arising from a registered marriage, but also personal, intimate relationships, which do not lend themselves legal regulation.
Family is a broader concept, since, unlike marriage, it is a more complex system of relationships. It unites not only spouses and their children, but also other relatives, as well as loved ones and people necessary for family members.

Scientists believe that marriage helps build more balanced relationships between spouses. For example, in the case of various kinds of circumstances that arise in family life (loss of a job, the wife-housewife going to work, etc.), both personal and emotional relationships: conflicts, quarrels, disagreements arise. In such cases, the spouses decide to reconsider the relationship in order to save the marriage.

In general, we can say that normal family arises and develops only on the basis of marriage, but not outside of it.

What is a civil marriage?

Definition " civil marriage"is often used nowadays to characterize the relationship established between a man and a woman. What's behind this definition? Is civil marriage necessary?

Under "civil marriage" means the cohabitation of two people whose union is not registered with a government agency (registry office). As a result, such a union is not subject to the provisions of family law: on mutual financial responsibility, on the right of inheritance, legal norms regarding children, and others.

Based on this, it can be assumed that “civil marriage” does not create the basis for creating a family that fully fulfills its functions, in particular, accumulating material resources and providing material well-being all family members.

However, in cohabitation before official conclusion marriage can be found and positive sides. Future spouses can get to know each other better, find out whether their views on starting a family coincide or disagree, and determine psychological, spiritual and physical compatibility.

That is, for people with a certain life experience who decided to conclude family union, “civil marriage” seems unnecessary.

And for the inexperienced and doubtful, apparently, such an option as “civil marriage” is also acceptable (it can be considered, for example, intermediate).

The right of spouses to choose a surname

At the time of marriage, spouses, at their own discretion, choose the surname of one of them as a common surname, or each spouse retains their premarital surname, or adds the surname of the other spouse to their surname.
1. The combination of surnames is not allowed if the premarital surname of at least one of the spouses is double.
2. A change of surname by one of the spouses does not entail a change of surname of the other spouse.
3. In the event of divorce, spouses have the right to retain their common surname or restore their premarital surnames.

Marriage and family are the object of study of various sciences: philosophy, sociology, law, medicine, psychology, etc. Taking into account their focus and specificity, they are studied different sides, signs, properties of these social phenomena. For legal sciences, only those aspects of family life that can be subject to legal regulation are of interest. Family code Russian Federation just like the previously existing Code on Marriage and Family of the RSFSR (KoBS RSFSR), it does not contain a definition of marriage. However, in theory family law Attempts have been made to provide such a definition. So, A.M. Belyakova defines marriage as a legally formalized, free and voluntary union of a man and a woman, aimed at creating a family and giving rise to mutual personal and property rights and obligations for them. According to O.A. Khazova, marriage is a monogamous, voluntary and equal union of a man and a woman, concluded in compliance with the procedure established by law and generating mutual personal and property rights and obligations between the spouses. A.M. Nechaeva defines marriage as a union of a man and a woman, entailing legal consequences, a form of relations between persons of different sexes and a unique symbol both for those entering into marriage and for the state.
Thus, it is obvious that the authors strive to cover all aspects of the study as fully as possible, which leads to some cumbersome definition, but allows us to reveal the essence of this phenomenon.
An analysis of the norms of the current Family Code of the Russian Federation devoted to marriage and the exercise of rights and obligations by spouses allows us to define marriage as a voluntary and equal union of a man and a woman, aimed at creating a family, subject to mandatory state registration, giving rise to mutual personal and property rights and obligations for them.
The legal characteristics of marriage include: character traits, allowing to reveal its essence more fully. Analyzing the definition of marriage and the articles of the Family Code of the Russian Federation regulating the procedure and conditions for state registration of marriage, the grounds and procedure for its termination, we can highlight the following legal significant signs marriage:
Marriage is a union of a man and a woman, since in the Russian Federation the union is recognized and protected by the state only between a man and a woman.
Marriage is a voluntary union. To enter into marriage, a freely and voluntarily expressed mutual agreement persons entering into marriage.
Marriage is an equal union, which implies that each spouse in the marriage has equal rights and responsibilities.
Marriage is a union entered into with respect certain rules established by law. Proper registration of marriage is proof of the entry of citizens into a marriage community, which the state takes under its protection.
Thus, based on the basic principles of family legislation (Article 1 of the RF IC), marriages entered into only in civil registry offices are recognized in the Russian Federation. The purpose of marriage is to create a family. The conclusion of a marriage by persons without the intention of creating a family entails its recognition as invalid. Marriage gives rise to mutual personal and property rights and obligations of spouses, which arise from the moment of state registration of marriage. The marriage is concluded without specifying the duration of its validity. Marriage presupposes the mutual desire of the spouses to maintain the marital relationship throughout their lives. However, this does not mean that it is impossible to end a marriage, for example, if the relationship between spouses changes in a negative direction.
Legal regulation of marriage relations by the state. The legal complex for regulating marriage relationships consists of several fundamental documents. It is no coincidence that a lot of attention is devoted to family law in our legislation. First of all, it should be noted that the Constitution of the Russian Federation, adopted on December 12, 1993 by popular vote, established in Art. 7, paragraph 1, that “The Russian Federation is a social state, the policy of which is aimed at creating conditions that ensure decent life and the free development of man." As we know, the most important criterion The social state is the protection of motherhood, childhood, paternity, as well as assistance and protection of the family. Paragraph 2 of the same article of the Constitution states that “in the Russian Federation... it is ensured governmental support family, motherhood, fatherhood and childhood... a system of social services is being developed, state pensions, benefits and other guarantees social protection". Article 72 of the Constitution of the Russian Federation stipulates that family legislation is “in the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.” After the constitutional reform of 1993-1994, the legislation of the Russian Federation became more “correlated” with international legislation, which confirms once again that our legislation is increasingly consistent with international norms and criteria. All international acts and treaties to which the Russian Federation is a signatory are valid on the territory of the Russian Federation in the same way as Federal laws, and in cases where the norms of generally recognized international law and contracts do not comply with any regulations RF, then international legislation applies. (Article 15 of the Constitution of the Russian Federation). In this regard, two documents that regulate family law in some parts can be noted. This is, first of all, the International Covenant of December 16, 1966 “On Civil and Political Rights”. In particular in Art. 23 of the Covenant states that
"1. The family is the natural and fundamental unit of society and has the right to protection by society and the state.
2. Men and women who have reached marriageable age are recognized with the right to marry and the right to found a family.
3. No marriage can be concluded without free and full agreement getting married.
4. The States Parties to the present Covenant shall take appropriate measures to ensure equality of rights and obligations of spouses with respect to marriage, during marriage and upon its dissolution. In the event of divorce, adequate protection must be provided for all children."
In Art. 24 of the Covenant regulates the situation of children born into the family, in particular, the article establishes that every child, without any discrimination on the basis of race, color, sex, language, religion, national or social origin, property or birth, has the right to such measures of protection, which are required in his position as a minor by his family, society and the state. Every child must be registered immediately after birth and must have a name. Every child has the right to acquire citizenship. The second significant document that also partially regulates the family legislation of the signatory countries is the International Covenant of December 16, 1966 “On Economic, Social and Cultural Rights”.
In Art. 10 of the Covenant recognizes that the States Parties to the Covenant recognize that the family, which is the natural and fundamental unit of society, should be accorded the widest possible protection and assistance, particularly during its formation and while it is responsible for the care and education of dependent children. Marriage must be concluded with the free consent of the parties to the marriage. Special protection should be provided to mothers for a reasonable period before and after childbirth. During this period, working mothers should be provided with paid leave or leave with adequate social security benefits. Special measures of protection and assistance must be taken for all children and adolescents, without any discrimination on the basis of family origin or other grounds. Children and adolescents must be protected from economic and social exploitation. The use of their labor in an area that is harmful to their morals and health or is life-threatening or may injure them normal development, should be punishable by law. In addition, states should set age limits below which paid child labor is prohibited and punishable by law.
In addition, in Art. Article 11 of the Covenant recognizes the right of everyone to adequate standard of living for him and his family, including adequate food, clothing and housing, and for the continuous improvement of living conditions. The participating States will take appropriate measures to ensure the implementation of this right, recognizing important in this regard, international cooperation based on free consent. States Parties to the Covenant, recognizing the fundamental right of everyone to freedom from hunger, must take the necessary measures individually and through international cooperation, including specific programs, to:
a) improve methods of production, storage and distribution of food through the widespread use of technical and scientific knowledge, the dissemination of nutritional knowledge and the improvement or reform of agricultural systems so as to achieve the most efficient development and use of natural resources; And
b) ensure equitable distribution of the world's food supplies in accordance with the needs and taking into account the problems of countries both importing and exporting food products.
On December 29, 1995, Federal Law of the Russian Federation No. 223-FZ was adopted, entitled “Family Code of the Russian Federation,” which was amended by Federal Law of November 15, 1997 No. 140-FZ.
In Art. 3 of the Code notes that in accordance with the Constitution of the Russian Federation, family legislation is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. Family legislation consists of the Code and other laws adopted in accordance with it federal laws(hereinafter referred to as the laws), as well as the laws of the constituent entities of the Russian Federation.
The laws of the constituent entities of the Russian Federation regulate family relationships, which are specified in Article 2 of the RF IC, on issues referred to the jurisdiction of the constituent entities of the Russian Federation by the Code, and on issues not directly regulated by the Code. The norms of family law contained in the laws of the constituent entities of the Russian Federation must comply with the Code. On the basis of and in pursuance of the Code, other laws, decrees of the President of the Russian Federation, the Government of the Russian Federation has the right to adopt regulatory legal acts in cases directly provided for by the Code, other laws, decrees of the President of the Russian Federation.
Family legislation establishes the conditions and procedure for marriage, termination of marriage and invalidation, regulates personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted children), and in cases and within the limits provided for family law, between other relatives and other persons, and also determines the forms and procedure for placing children left without parental care into the family.
In Art. 4 and 5 of the RF IC talks about how family law and civil legislation relate. The legislator has established that civil legislation is applied to the property and personal non-property relations between family members named in Article 2 of the RF IC, which are not regulated by family legislation (Article 3 of the RF IC), to the extent that this does not contradict the essence of family relations. If relations between family members are not regulated by family law or agreement of the parties, and in the absence of norms civil law, directly regulating these relations, to such relations, if this does not contradict their essence, the rules of family and (or) civil law governing similar relations (analogy of law) are applied. In the absence of such norms, the rights and obligations of family members are determined based on the general principles and principles of family or civil law (analogy of law), as well as the principles of humanity, reasonableness and justice.

The union of a man and a woman, based on love and mutual respect, which is created for the emergence of a family and the birth of children, is marriage. Its definition is contained in various sources rights. Marriage cannot be concluded if a person is already in an official, family relationship with another person.

Definition

The relationship between a man and a woman, which is officially registered in the registry office, is marriage. The definition of the concept is contained in many sources. Marriage is for the purpose of raising children together. Generates No one can enter into a new marriage while he is in an official relationship with another person, and also if one of the citizens is against it. The RF IC defines the age at which people can enter into marriage. This is 18 years old. However, according to various reasons it can be reduced to sixteen, and in some cases even to 14 years.

Conditions

So, in order to define the concept we described above, you must comply with all the requirements established by the UK. The main conditions here are:

• voluntary consent of people;
• a certain age (18 years).

Otherwise, it will be impossible to conclude a formal alliance. registered in the registry office - marriage. The definition of the concept is perceived at the everyday level. Marriage is considered a free will between two people, based on mutual respect and love. It is meant to create a new unit of society and have children. Otherwise, the union may be considered fictitious.

Order

What is marriage? The definition of an act being performed is interpreted as follows: it can only be concluded in the presence of a man and a woman who have decided to formalize their relationship. At least a month must pass from the date of application. This period may be increased or decreased if necessary due to life circumstances (pregnancy or life threat). In this case, the union can be concluded on the day when the application was submitted. Also, if for certain reasons people are denied marriage registration at the registry office, they can go to court.

Kinds

The RF IC states that legal marriage is only a union of two people registered in the registry office. While ordinary cohabitation is not considered such, because it does not give rise to certain responsibilities for people. However, the following types of marriages are distinguished:

• Registered is a union of a man and a woman who have sealed their union with a signature official document and are legally considered spouses.
• Church - carried out through a wedding ceremony; Currently, marriage is not recognized in many states, so the ceremony is carried out only after registration in the registry office.
• Cohabitation, or concubinage, is a union of two people who live together, but are not considered husband and wife.

Termination

In life, it often happens that people who once upon a time loved each other very much and started a family suddenly grow cold or start relationships on the side. IN in this case the other half cannot come to their senses and decides to break off the relationship. But if there are children in the family, then the termination of the marriage will be possible only by going to court. Unless, of course, the other spouse is imprisoned for a period of more than three years, because in such a situation the presence of children is not an obstacle to divorce in the registry office.

Also, if the issue of raising children and paying alimony has already been resolved and there are no disputes, then the spouse who wants to stop marital relations, may apply to the Magistrates' Court. There, such cases are considered within a month. The court also has the right to give the spouses a period of up to three months for reconciliation. And if this does not happen, the marriage will be dissolved.

In the event that a husband and wife cannot come to a common opinion and resolve the issue of with whom the child will live, this issue must be resolved in district court. Guardianship authorities must be present here to give their opinion.

The dissolution of the union in the registry office occurs when there are no common small children and disputes about property. If one of the spouses does not want to end the relationship, the divorce takes place in the magistrate's court, which makes its decision.

Marriage and family as concepts are inextricably linked, therefore, when the integrity of the first is violated, the second begins to collapse. Nevertheless, people should try to strengthen their relationships and save their families. After all, they got married in order to be together and love each other.

Not allowed

Marriage in the Family Code of the Russian Federation is recognized as a union of husband and wife, which is protected by the state and gives spouses equal rights and responsibilities. However, if several standards determined by the Investigative Committee are not met, it will not be registered. These conditions are as follows:

• one of the citizens wishing to get married already has the status of “married” or “married”, which is confirmed by a stamp in the passport;
• people are close relatives, for example, siblings, and a union between adoptive parents and adopted children is not allowed;
• a person wishing to enter into an alliance has mental disorder, which was confirmed by the court decision.

In the presence of the above circumstances, registration of marriage is unacceptable. Otherwise it will be declared illegal.

Property disputes

All things that were purchased by spouses during the marriage are considered theirs. joint property. This rule does not apply only to items of clothing and footwear. Nevertheless, in practice there are cases when husbands during a divorce ask their wives to return gifted jewelry or expensive items, because the latter are luxury items (for example, mink coat). All real estate upon divorce, it is divided between the spouses in equal shares. In addition, if the apartment was purchased by one of the spouses before the conclusion of the union, but the second one made it there major renovation(replaced pipes and plumbing, carried out production and other engineering works), then the court may recognize such housing as joint property.

γάμος - marriage; verb derivative take), or marriage, marriage- a family relationship regulated by society and, in most states, registered with the relevant government bodies between two people who have reached marriageable age, giving rise to their rights and obligations in relation to each other, as well as, when a couple has children, and to children. To enter into a marriage, the parties to the marriage must have mutual consent and have reached the age of marriage. In a number of countries, when registering a marriage, a marriage contract is concluded.

A man in a marriage is called a husband or spouse, a woman is a wife or spouse (men who are not married are called unmarried or single; women who are not married are called unmarried). Spouses usually live together and have common property, enter into sexual relations, raising children. In some states, marriage allows for a family relationship between a man and several women (polygamy), and less often between a woman and several men (polyandry). Some countries allow same-sex marriage.

In marriage, the natural need of people for procreation is streamlined and realized, transformed social conditions and culture. In many societies there is a ban on consanguineous marriages. However, there are marriages in which there cannot be children due to infertility of one or both spouses, or because the spouses are beyond reproductive age.

As a rule, marriage involves spouses maintaining a joint household and having common property passed on by inheritance, as well as their raising of children. Marriage enjoys the protection and patronage of the laws only when carried out in certain forms, in compliance with the conditions established by the laws; entails well-known legal consequences in the field of personal and property rights and obligations of spouses in relation to each other and to children (the right to maintenance, inheritance, etc.).

At the same time in various countries world, in addition to marriage as a union of a man and a woman, at various historical periods of time, and in some countries - and is currently practiced polygamous marriage. In addition, in a number of countries around the world, same-sex marriage unions have recently been registered, which is the subject of acute political and social controversy.

State registration of marriage

In Buddhism

Violation of marital fidelity is a violation of one of the principles of the Teaching. At the same time, marriage as such is exclusively secular.

Youth readiness for marriage

The psychological dictionary interprets psychological readiness for marriage as a system psychological characteristics subject that ensures successful marriage. It includes: physiological readiness for marriage (ability for reproductive function); general personal readiness ( required level mental development- psychological maturity).

Borman R., Schille G., T.V. Andreeva, I.V. Grebennikov and V.A. Sysenko dealt with this problem. I.V. Grebennikov writes that marriage means the creation of a family and gives rise to new rights and responsibilities in relation to each other and to future children.

The spouses have equal rights and responsibilities: raise children together, resolve all issues of family life by mutual agreement. They have equal rights to own, use and dispose of property acquired during marriage, based on mutual financial support for each other. Spouses are free to choose their occupation, profession and place of residence.

T.V. Andreeva, I.V. Grebennikov and V.A. Sysenko identify three main stages of youth’s readiness for marriage:

1. Physical maturity. It is generally accepted that the arrival of marriageable age means the completion physical development person. Indeed, his height, body weight, circumference chest, the muscles are close in size to their size in an adult.
   IN adolescence ends puberty, that is, the period of puberty. Physiologists consider it one of the most responsible in human life. This means the ability of young people to conceive a child without compromising their health, and for a girl also the ability to bear and give birth healthy child. Of course, puberty is one of the essential foundations marriage. But puberty is not yet an indicator of social and psychological readiness to marriage. Nor does it mean readiness for harmonious sex life married. But ethical and economic readiness for family life is also necessary; one cannot do without mastering the ABCs of raising children and self-education. Therefore, it is not easy to determine which eighteen-year-olds are already socially and morally ready for marriage, and who are still looking at adult life through the eyes of a child.
2. Social maturity. Among the socially accepted indicators of social readiness to start a family, the authors list the following: completion of education, acquisition of a profession or continuation of higher education, beginning of independent labor activity. Inextricably linked with this is social and economic readiness for marriage, the essence of which is the ability of young people to independently financially provide for themselves and their family. However, some young people become economically independent from parental family at 18-19 years old, and the other part uses it for another five to seven years financial assistance parents. This contradiction is a serious obstacle to strengthening marriage unions. Social readiness for marriage includes young people’s awareness that they take responsibility for each other, for their family, for their children.
3. Ethical and psychological readiness for marriage. The key prerequisite for the harmony of marriage and the strength of the family is the ethical and psychological readiness of those entering into marriage. It includes many factors that interact with each other. A boy or girl cannot be considered prepared for marriage if they do not have an ideal modern family, if they do not have a clear idea of ​​why they are getting married, what they expect from the family, what kind of family relationships they want to build, what responsibilities marriage and parenthood impose on them. Future spouses must be prepared to create, through conscious joint efforts, favorable conditions for the life of the family, for each of its members.

As a rule, a person associates his desire to be happy with his family. And it is very important already with early childhood actively instill in children the correct idea of ​​personal happiness. This idea should be based on the understanding that it is impossible without the prosperity of the Motherland, without friendly family, without children, without the ability to do good to people, to be hardworking. On the relationship between spouses, on the nature of family life certain influence provide motives for marriage. Awareness of them - important indicator ethical and psychological readiness for family life.

Popularity of the institution of marriage in society

According to psychotherapist Alexander Poleev, “the family as such is becoming a less and less popular form of life, a form of relationship between a man and a woman. The place of the family is quite quickly, right before our eyes, taken by other forms of relationships: guest, extraterritorial, partial, contractual and some others.”

As statistics show, the percentage of people living in unregistered or de facto marriages is growing all over the world, and has no clear dependence on the standard of living in a given country, and the percentage of adults in traditional marriages is correspondingly falling. For example, back in 1960, approximately 5% of children in the United States were born to unmarried women, but already in 1980 this figure reached 18%, and in 2009 41%, i.e. growth almost 8 times in 50 years. In Europe the percentage actual marriages has also been growing steadily over the past decades. According to Eurostat, in 2011, 37.3% of all births in the 27 EU countries were out of wedlock. Most children were born out of wedlock in Iceland (64.3%), Estonia (59.7%), Slovenia (56.8%), Bulgaria (56%), Norway (55%), Sweden (54.2%) and France (55%). Other European countries with high out-of-wedlock birth rates are Belgium (49%), Denmark (48.6%), UK (46.9%), Latvia (43.7%), Netherlands (43.3%), Hungary (42). .2%), Czech Republic (41.8%), Finland (40.8%), Austria (40.4%), Slovakia (34%), Germany (33.5%). The proportion of out-of-wedlock births is slightly lower in Greece (8.1%) and Cyprus (15.2%). In Russia, almost every third child (30%) in 2010 was born out of wedlock.

However, the leaders in extramarital affairs are Latin American countries, despite the high proportion of religious Catholics in these countries. According to the UN, in 1998, between 55% and 74% of children in Latin countries born out of wedlock, and this has become the norm there rather than the exception. Thus, the proportion of children born out of wedlock: in Mexico was 41.5%, in Chile - 43.6%, in Puerto Rico - 45.8%, in Costa Rica - 48.2%, in Argentina - 52.7 %, in Belize - 58.1%, in El Salvador - 73%, in Panama - 80%.

Divorce

In secular states, to which Russia belongs, as well as in a number of faiths, dissolution of a marriage (divorce) is allowed on various grounds. In Russia, with the consent of both spouses who do not have common children, divorce is possible in the registry office. If one of the spouses is against divorce, as well as if there are common minor children (even if mutual consent divorcing), divorce is carried out through the court. To protect the rights of children, if a wife is expecting a child, the husband does not have the right to even file a claim for divorce without her consent.

In different religious systems, the procedure for divorce can be either much more complicated than in the Russian Federation, or much simpler. For example, the dissolution of a Catholic marriage is almost impossible, but in Muslim law, for a divorce, a husband only needs to utter a special phrase. However, even this simplicity is limited by other regulations.

In Russia, just over 1 million couples get married every year, while about 700 thousand families file for divorce.

Property side

In a number of countries, since ancient times, marriage legislation has regulated such issues as the obligation of spouses to provide mutual financial support. In Russia, the legislation on marriage and family establishes that property acquired during marriage, unless otherwise stated in the marriage contract, is the joint property of the spouses, regardless of the ratio of their income. And in the event of a divorce, the obligation to support is fixed ex-spouse, if he received a disability during marriage. What's interesting, an introduction to practice marriage contracts in Russia is quite limited, since the RF IC greatly limits the list of issues subject to regulation by the contract. But even purely property provisions of marriage contracts that do not concern children can be declared void if the court finds the contract to be unequal.

In other countries there were other ways to solve property problems. So, in Ancient Rome spouses usually kept their property separately - during a divorce, the wife could not lay claim to her husband's property, and the husband could not claim his wife's property either. In many countries, for example, in France, the husband had undivided control over the wife's property. This was enshrined after the revolution in the famous “Napoleon Code”.

In state legislation

Russia

Features of registering marriage with foreign citizens

By the Decree of the Presidium of the Supreme Soviet of the USSR of February 15, 1947 “On the prohibition of marriages between citizens of the USSR and foreigners,” marriages of USSR citizens with foreign citizens were not allowed at all. This decree was repealed in 1953, but for a long time the application of foreign family law norms was actually not allowed in the RSFSR. So, according to Art. 161 of the Code on Marriage and Family of the RSFSR, when concluding marriages of Soviet citizens with foreign citizens and marriages of foreign citizens among themselves on the territory of the RSFSR, only Soviet family legislation was allowed to be used.

Currently, in accordance with paragraph 1 of Art. 156 of the Family Code of the Russian Federation, the form and procedure for concluding marriage on the territory of the Russian Federation, regardless of the citizenship of the persons entering into marriage, are determined by the legislation of the Russian Federation.

According to paragraph 2 of Art. 156 of the RF IC, the conditions for concluding marriage with foreign citizens on the territory of the Russian Federation are determined for each of the persons entering into marriage by the legislation of the state of which the person is a citizen at the time of marriage (for example, when concluding a marriage of a Russian citizen with a French citizen, in relation to the Russian citizen must the requirements of Article 12-15 of the RF IC are observed, and in relation to a French citizen, the requirements of the French Civil Code on marriageable age, consent to marriage, and obstacles to marriage must be observed). It follows from this that when concluding a marriage, foreign citizens are not bound by the need to reach the marriageable age of eighteen years, provided for in Art. 12 of the RF IC, if, according to the law of their state, marriage is allowed for more than early age than in the Russian Federation (for example, a 15-year-old French woman and a 16-year-old British or Australian woman can marry a citizen of the Russian Federation without obtaining any special marriage license). On the other hand, they may have an obligation to comply with the conditions of marriage that are not provided for by the RF IC, but are enshrined in their national legislation (for example, obtaining a marriage license from the relevant competent authority of their state).