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Provisions on marriage and family according to Russian legislation. Definition of marriage and family

Marriage traditionally carries a more formal meaning; it is customary to talk about marriage within the walls of the registry office during the legal registration of a family union. “We got married” - that is, we came and put our signatures on the documents formally establishing our relationship, put a stamp in our passport, and officially declared that from that moment on we are spouses. Family is a more personal concept: it’s life, it’s relationships, it’s daily communication, building a family in the psychological plane of personal living space. “We built a family” - that is, we created a community of people related to each other by marriage or consanguinity. We live in the same apartment, run a common household, raise children, and are in constant contact with each other. Most likely, we love each other.

Many people raise the question of what comes first - marriage or family? It is traditionally understood to believe that marriage is the basis, the core of the family, since it is understood that first people formalize the relationship, and then begin to build the family itself. However, in recent decades, the percentage of so-called “civil marriages,” which are family unions that are not officially registered in the registry office, has increased significantly. The scheme “live without signing, get to know each other, and then get married” is currently understood as the most optimal by the absolute majority of young couples. There is a grain of wisdom in this, since, indeed, to fully understand whether this is “my person,” it is not enough to meet, you need to live in the same space, to see the everyday side of a person’s life. This is also facilitated by the removal intimate life from the strict prohibition “only in marriage”, people create family unions, without looking back at outdated stereotypes, feel freer, and have more possibilities build more successful family unions.

The concept of marriage and family is ambiguous in interpretation by men and women. Sociologists have repeatedly pointed out that every census in our country, for example, demonstrates that the number of married women exceeds the number married men. This means that people tend to evaluate the same phenomenon, in particular, relationships, two people living in the same apartment, running a joint household, differently: women declare it “real”, equal legal marriage, men consider celibacy, temporary cohabitation.

IN pure form the definition of family implies three main characteristics: consanguineous or marital relations between all its members; living together in one room; general living together and budget. Legal registration does not act here as an indispensable condition. The signs of a family themselves are rather vague: it is not specified how long people should live together in the same territory - three days, a month, a year, several years? What's happened family budget, how is it formed, what part of the income should everyone invest and for what purposes should it be spent? And this despite the fact that such signs would seem to be the most objective and fixable. What then can we say about that subtle system of relationships that turns the family into a special spiritual formation; how to measure them?

Paradoxically, it is all this, not so much comprehended by the mind as perceived intuitively, that constitutes the very core of the family, without which the family is not a family. Another difference between family and marriage can be noted. If marriage is fixed primarily by the state and society, then only we ourselves create a family (with the help of the state and society, of course). And we destroy too.

A young family - this is what they call two people who recently sealed their union with the bonds of Hymen. But how fair this definition? After all, not every officially registered marriage degenerates into full family. Many people agree to legitimize relationships for reasons of profit, without striving to build a lasting union. Others live happily long years and do not attach importance to such a formality as a stamp in a passport. What status do such couples deserve? In this article we will tell you how marriage differs from family.

Definitions

Marriage

Marriage– registered in government agencies and a socially regulated family relationship between two people who have reached a certain age. Gives rise to the rights and responsibilities of spouses towards each other. Involves legal consequences in the field of property and personal rights and obligations of partners. In many countries, including Russia, there is a ban on unions between close relatives and people of the same sex. Marriage age in the country was established at around 18 years. Although in exceptional cases, younger couples can also register relationships. It is worth noting that the definition of “civil marriage” means exactly that sealed in the passport, and not at all a free union.

Family

Family- the basic unit of society, social institution. It implies a voluntary, officially registered union of a man and a woman. Partners are connected by living together and by the desire to have children, raise them and socialize them. Such an alliance is one of the most important public values. For an adult individual, the family is a way to satisfy certain needs, as well as a small team that presents him with a wide variety of and sometimes quite complex requirements. Children perceive the social unit as an environment for physical, intellectual, mental and emotional development. A family can also be a parent couple or an adult with at least one child in their arms. In some countries, same-sex unions also fall under this term.

Comparison

Let's try to delve deeper into the semantic component of the concepts under consideration. Thus, marriage is an institution that officially admits a woman and a man to life together, as well as establishing mutual legal rights and responsibilities of spouses. That is, this term applies only to two people. The concept of “family” includes more deep meaning. This is not just a pair of individuals bound to each other by common obligations, but a whole collection interpersonal relationships, not amenable legal regulation. It unites not only parents and their children, but also other relatives of the spouses with whom communication is maintained.

Another difference between a marriage and a family is that it can be fictitious - artificial, concluded for convenience. In this case, the spouses do not live together; they are connected only by a stamp in the passport. Whereas a family cannot be fictitious. People in it are united by a common territory of residence and a common way of life. Moreover, family members not only live in the same apartment, they also have similar interests and values. People spend their leisure time together, regularly communicate, consult, and discuss problems. And, most importantly, they are responsible for each other. Whereas a formal stamp in a passport does not guarantee that the spouses will become one. Even coexisting on the same territory, they may remain strangers, unable to find mutual language. The definition of “family” is hardly applicable to such a marriage. Thus, going to the registry office is not at all a guarantee of building a full-fledged relationship.

Let's summarize the above and draw a line under the question of what is the difference between marriage and family.

Marriage	Family
A social institution that establishes the legal rights and obligations of spouses	A broader concept that includes a set of interpersonal relationships that are not subject to legal regulation
Only applies to two people	Unites parents and their children, as well as other relatives with whom communication is maintained
Spouses may not live together	Partners are connected by a common life
Being in it, a man and a woman sometimes remain completely strangers	Its members are responsible for each other, have similar interests and views on life
Spouses may not think about procreation	Partners strive to have children, raise them and socialize them

MOSCOW CITY PSYCHOLOGICAL AND PEDAGOGICAL UNIVERSITY

Faculty of Distance Learning

Discipline:

"Jurisprudence"

Essay

Subject:

The concept of family and marriage.

Kiryanova Anastasia Yurievna

Course 3, semester 5

Form of training: distance learning

Moscow, 2007

· Introduction………………………………………….. …3 pages.

· Main part………………………………………………………..4 pp.

Types of marriage. …………………………………………...4 pp.

Civil marriage – a little history………………….……..6 p.

Conditions for concluding a marriage…………………….…..11p.

Is it necessary to register a marriage?

to start a family………………………………………………………11 p.

Family and children - statistics and facts……………………….....13 p.

· Final part…………………………….15 p.

· List of used literature………………16 pages.

The concept of family and marriage.

Registration of marriage and conditions for its conclusion.

“Historical changes produce common

improvement through the benefit of individuals,

families, peoples and states."

Mendeleev D.I.

Introduction.

What is family? And what is marriage? Are these concepts related to each other? Is there a family without marriage or is a family always created even if there is a marriage certificate. Every adult citizen undoubtedly has his own opinion regarding this issue: some believe that real family must register your relationship; and some believe that in such a fast pace of life it is simply a waste of time.

What is a family? Family is complex social phenomenon, in which diverse forms are intertwined social relations and processes. It is difficult to compare with it any other social formation in which so many diverse human and social needs would be satisfied. The family is a social group that leaves its mark on a person’s entire life. All this leads to the fact that it is not so easy to take an objective approach towards the family. Scientific research. As the American sociologist Goode noted, “We know too much about the family to study it objectively.”

Are there any advantages to registering a marriage, except that many fashionistas can give themselves wonderful anniversary gifts - buy new wedding rings (new fashion).

First, we need to figure out what these familiar concepts mean:

Marriage- a family union of a man and a woman, giving rise to their rights and responsibilities towards each other and towards their children. In the majority modern states the law requires appropriate registration (registration) of marriage in special government bodies; Along with this, in some states legal significance is also attached to a marriage concluded under religious rites. In some countries (for example, in France), when registering a marriage, it is often concluded marriage contract. IN Russian Federation Only marriages concluded in state registration authorities are recognized civil status(registry office). Until 1944, the so-called registered actual (unregistered) marriage.

Marriage ( marriage) - a permanent union between a man and a woman for the purpose of creating a family and procreation. People who are married are called spouses or a married couple. A man is a husband, a woman is a wife (according to Brockhaus and Efron).

Marriage (presumably from the verb to take) or marital union is a permanent relationship regulated by society (including the state) between a man and a woman, usually based on sexual relations and pursuing the goal of creating a family.

Family- based on marriage or consanguinity a small group whose members are connected by a common life, mutual assistance, moral and legal responsibility. How a stable association arises with the decomposition of the tribal system. The first historical form of monogamy was the patriarchal family (ruled by the father, including his descendants with their wives and children, as well as domestic slaves). Industrialization destroys the connection between the family and home production, leaving only the organization of everyday life among its economic functions; most families consist of spouses and their children (nuclear family). IN modern society There are two contradictory trends at work: the renewal of the family on the basis of industrial and cultural progress (the transformation of the family into a moral and legal union of a man and a woman) and the growth of family conflicts and a significant number of divorces. Most marriages are concluded by the personal choice of the future spouses, and family relationships are increasingly characterized by their equality.

Main part.

Types of marriage.

Marriage and family are two of the most important concepts in our lives, the definitions of which are very, very many. Depending on the culture of a particular place, these concepts may vary, but one thing is clear - family and marriage in their main meaning imply close relationships, in most cases the ultimate goal of which is the birth of a child. Why in its main meaning? Because spouses can also not live with each other, and, nevertheless, be married, or a family can exist, even if one of the spouses has to leave for a long time for work. But with all the diversity of relationships between people, marriage unions can be easily classified:

A church marriage is a marriage sanctified by a church. In many countries it has legal force, in some it is the only legal form of marriage. Other states, including Russia, currently do not recognize the legal force of church marriage, therefore, before his conclusion, priests recommend registering with the registry office. In Orthodoxy and among Catholics, marriage is one of the Sacraments - Wedding.

Morganatic marriage is a marriage between persons of unequal status. Currently, this concept has been preserved in dynastic regulations and laws of a number of countries.

Civil marriage is a marriage registered in the relevant government authorities without the participation of the church. IN colloquial speech This is often the name given to cohabitation and running a joint household without registering a marriage.

Temporary marriage - in some countries the legislation recognizes its legal force. The duration is determined by agreement of the parties and is established in marriage contract. At the same time, the amount of the ransom that the husband transfers to his wife in such a marriage is established. After the expiration of the period for which it was concluded, the marriage and legal relations between spouses are considered terminated.

as well as several other types of other unions:

An actual marriage (in Russian law - cohabitation) or an unregistered marriage, often incorrectly called “civil” - a relationship between partners, “spouses”, not formalized in the manner prescribed by law. Even when running a common household and/or having common children, it is not recognized by all religious denominations. In the USSR it was legally recognized in 1926-1944. According to the current Family Code of the Russian Federation, unregistered cohabitation between a man and a woman does not give rise to marriage rights and responsibilities, although the rights of children born in marriage do not differ from the rights of children born out of wedlock. Legislation of some foreign countries recognized as a concubinage.

A fictitious marriage is a pretend marriage without the intention of starting a family in order to receive benefits associated with it from the state. A proven lack of intention to start a family in Russia is grounds for declaring a marriage invalid.

Polygyny (1+N) is the simultaneous state of a man being married to several women. Of course, marriage is concluded by a man with each of the women separately, and gradations are possible. In Sharia there is a limit on the number of wives - no more than four (N≤4). All other residents of the harem are not considered wives, but they have certain guarantees (from the owner of the harem) of recognition of the child in the event of his birth. Nevertheless, their position is significantly lower than that of their wives, and is more reminiscent of slavery.

Polyandry (M+1) is the simultaneous state of a woman being married to several men. It is rare, for example, among the peoples of Tibet and the Hawaiian Islands. Traces of polyandry are seen in the Mahabharata (5+1: Draupadi was the wife of all the Pandava brothers).

Group marriage (M+N) is the cohabitation of several women (N) with several men (M). Nowadays it is a form of experimentation for young people. In Russian it is called " Swedish family“, although the Swedes themselves are against such a definition. Previously, many scientists argued that group marriage existed in primitive society under matriarchy and preceded the institution of pair marriage; At present, this theory of promiscuity is considered very dubious.

Same-sex marriage (2+0 or 0+2) - cohabitation of a homosexual couple. In many Western countries (Denmark, Norway, Sweden, Greenland, Iceland, the Netherlands, France, Belgium, Germany, Finland, Luxembourg, New Zealand, Great Britain and Northern Ireland, the Czech Republic, Switzerland since 2007), as well as some regions of the Northern and South America same-sex couples can marry. Some churches also recognize homosexual marriage (for example, Swedish Episcopalian). The relevant national languages and legislation use the same word, which is translated into Russian as “marriage”; the conclusion of such a union gives rise to legal consequences similar to marriage. However, it is clear that there are a number of natural exceptions to these consequences, since such a union cannot have common biological children (but there may be adopted ones). In most countries, including Russia, same-sex marriage are not recognized or registered.

Social science. A complete course of preparation for the Unified State Exam Shemakhanova Irina Albertovna

3.14. Family and marriage

Family - is a small relationship based on marriage and consanguinity social group, whose members are connected by a common life, mutual assistance, moral and legal responsibility. A family is a system of relationships between husband and wife, parents and children. As a social institution, the family interacts with the state and other social institutions. Sociology views the family from two main positions: as a small social group; How social institution.

1. How small social group– the subject of the research is intra-family relations(relationships between spouses, between parents and children, between other family members).

2. How social institution– the emphasis is on the relationship between the family and the state (society), as well as the social functions of the family.

Family, a broader concept and social phenomenon, usually includes the institution of marriage. However, there may be cases when marriage and family exist as if on their own. Such extramarital relations in the family are usually called civil marriage.

Family– a single social community, the integrity of which is ensured through the complementarity of the sexes, social functions and roles.

Family social status- one of the types of social statuses in society and determines the individual’s place not only in the family structure, but also in the general structure of society. Family statuses are divided into: marital (wife, husband); parental (mother, father); children's (son, daughter, brother, sister); intergenerational (grandfather, grandmother, grandson, granddaughter, etc.).

Family social role – prescribed and expected behavior due to family status.

Social functions of the family

* Reproductive– birth of children, reproduction of the biological species. Thanks to this function, the family not only reproduces itself, but also ensures the replacement of outgoing generations with new members of society.

* Socialization of personality.

* Existential– the function of caring and protecting its members, ensuring their social and psychological safety.

* Economic And household- co-production material goods and their distribution, organization cohabitation family members and supporting them physical health and well-being.

* Function of primary social control– moral and social regulation of the behavior of family members in various fields life activity.

* Recreational– the function of restoring and strengthening a person’s physical, moral and spiritual strength.

* Social status– reproduction of the social structure of society. By acquiring new social statuses in the family (“husband”, “wife”, “father”, “mother”, etc.), the individual replaces the statuses of his predecessors (parents) in the social structure and thereby reproduces the social structure.

* Leisure– organization of rational leisure for all family members.

* Hedonistic(from Greek – pleasure) – function mutual pleasure, pleasure, love, happiness, etc.

Marriage – 1) historically, socially regulated relationships between men and women, establishing their mutual rights and responsibilities in the family organization; 2) a legal institution that regulates relations between all family members, between the family and the state.

Types of marriage

* group marriage- a marriage between several men and women (most typical for early stages development of primitive society);

* polygamous marriage– marriage of one spouse with several. There are two types of polygamy: polygyny - the marriage of one man with several women; polyandry - marriage of one woman with several men (South-East India, Tibet, Ceylon, New Zealand, Hawaiian Islands);

* monogamous marriage - a marriage of one man with one woman. Such marriages are most typical for Christendom and for democratic countries in which there is legal equality of the sexes. But such marriages are 5 times less common than polygamous ones;

* couple marriage– an equal marriage union between a man and a woman, which took place during the period of transition from matriarchy to patriarchy (the period of barbarism);

* exogamous marriages– are based on customs that prohibit marriages within a certain social community, for example, within a clan, phratry, community. Such marriages involve the creation of marital relations outside a given kinship group;

* endogamous marriages- are based on the customs of marriage within a certain social community - tribe, caste, nation, denomination, etc.

There are also such types of marriage relationships as: love marriage, arranged marriage, sacred marriage, dynastic marriage, civil marriage, purchased marriage, kidnapping marriage, unequal marriage, remarriage and others.

Social functions inherent in marriage

– social approval and legal registration of the rights and obligations of spouses in relation to each other and to children, as well as children to their parents;

– regulation sexual relations between men and women in society;

– regulation of economic and household relations between spouses, as well as between all family members;

– regulation of relations between the family and the state;

– legal registration of the social status of each family member. For example, having registered a marriage, a person immediately acquires the status of “wife” or “husband”, “co-owner” and/or “heir” of certain material assets(states).

Family typology

1. According to the criteria of dominance in a family organization:

– Matriarchal family– Women occupy a dominant position in the family. The pedigree goes through the female line.

– Patriarchal family– the leading role in the family is played by the male owner. A woman in such a family, as a rule, is also the property of her husband. The pedigree goes through the male line.

– Egalitarian family – equal power relations between spouses with interchangeable social roles.

2. Depending on the complexity of the family structure:

– extended family- a complex family, including representatives of several generations of relatives (grandparents - grandfather, grandmother, parents - mother, father, children - son, daughter, etc.).

– Nuclear family - consisting of two generations - parents and children.

3. Depending on the number of children in the family: small children (1–2 children); medium-sized children (3–4 children); large families (5 or more children); childless ( married couples who do not want or are unable to have children); incomplete (families with children, but without one or both parents).

The most characteristic for current state societies there are two main types of families: patriarchal And egalitarian.

Signs of a patriarchal family

The priority of family (tribal) interests over individual ones.

The main criterion for marriage is not personal choice young people, but the economic and other interests of the patriarchal family.

A complex social composition, usually including several generations of men with wives, children and other relatives.

Having many children. Have a large number of children in a natural production method is beneficial from an economic point of view.

Prohibition of individual intervention in the reproductive cycle (prevention and termination of pregnancy).

Weak social and geographic mobility. Children learn and inherit social statuses and the roles of their parents and remain in the family.

All family property is collectively owned and inherited through the male line.

In traditional patriarchal family all relationships are built on the basis of customs and traditions that do not take into account individual characteristics and the preferences of spouses and other family members.

Signs of an egalitarian family

A priority individual interests over general family (tribal) ones.

The main criterion for marriage is the personal choice of the couple themselves.

A simple two-generation social structure, usually consisting of parents and children.

Few children. Lengthening the period of socialization of children and increasing costs for their maintenance, upbringing and education, as well as the desire of spouses to self-realize in other non-family activities, weakening reproductive motivation.

Individual birth planning.

Intensive social and geographic mobility. Each family member (as well as the family as a whole) can choose and repeatedly change their type of activity and place of residence.

Legal equality in ownership and inheritance of family property.

Main signs of a crisis modern family

– Late marriages.

– Small and childless families. Late marriages and the desire of spouses to realize themselves in business, creativity and other non-family activities do not allow them to devote a sufficient amount of time to having and raising children. The personal egoism of the spouses overcomes the natural feelings of preserving and reproducing their kind.

– Declining marriage rate. Increase total number people who have never married.

– Increase in the number of divorces. In a democratic society, divorce is one of the attributes of personal freedom.

– Growth in numbers single-parent families. An increase in the number of divorces and out-of-wedlock births leads to an increase in single-parent families.

– Increase in the number of orphans, as well as homeless and neglected children. A family crisis and out-of-wedlock births lead to women in labor abandoning their children; other parents are deprived parental rights due to the fact that they are unable (for one reason or another) to fulfill their parenting.

– Child orphanhood, homelessness and neglect, being a consequence of the crisis of the family institution, at the next stage become one of the causes of this crisis. Adult children who grew up outside the family or in dysfunctional family, as a rule, they themselves are not able to create a full-fledged family.

– Reduced paternal educational role. An increase in the number of divorces and out-of-wedlock births lead to an increase in the number of single-parent families. In such families, paternal education is virtually absent. Children who grew up in maternal families, internalize the stereotypes of maternal upbringing and transfer them to the upbringing of their children. The crisis of the modern family is also evidenced by the facts of the emergence and legal registration in some democratic countries of so-called same-sex quasi-families, which, due to the same-sex “marriage” partners, cannot have children together.

State recognition of the value of the family, its role in social development and the education of future generations is enshrined in the Constitution of the Russian Federation. The main obligations for material support, social and legal protection, upbringing, and education of children are borne by the family and the state. The following federal programs have been developed and are being implemented:

1. Federal concept target program“Children of Russia” for 2007–2010, including subprograms: “Healthy Generation”, “Gifted Children” and “Children and Family”.

2. National program of demographic development of Russia for the period 2006–2015.

3. From January 1, 2007 to December 31, 2016, the form appears state support Russian families raising children – maternal (family) capital.

4. State support program large families in the Russian Federation for 2008–2015.

5. National charity program “Support for families and children for 2012–2017.”

6. Decree of the President of the Russian Federation dated June 1, 2012 No. 761 “On National strategy actions in the interests of children for 2012–2017.”

7. On May 24, 2013, the Founding Congress of the All-Russian public organization"National Parents' Association for Social Support of the Family and Protection of Family Values."

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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 relationships 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 Family Code 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). Upon divorce, all real estate 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.

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