Regulations on marriage and family according to Russian law. 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 fixing our relationship, put a stamp in the passport, officially declared that from now on we are spouses. Family is a more personal concept: this is life, this is relationships, this is 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 blood relationship. 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 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 people first form relationships, and then they begin to build the family itself. However, in recent decades, the percentage of so-called "civil marriages" has increased significantly, which are family unions that are not officially registered in the registry office. The scheme "to 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 reasonable grain in this, because, indeed, in order to fully understand whether “this is my person”, it is not enough to meet, it is necessary to live in the same space, to see the everyday side of human life. This is facilitated by the removal of intimate life from the strictly prohibition "only in marriage", people create family unions without looking back at outdated stereotypes, feel freer, and have more opportunities to build more successful family unions.

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


In its purest form, the definition of a family implies three main features: consanguineous or marriage relations between all its members; cohabitation in the same room; common joint life and budget. Legal registration does not act here as an indispensable condition. The very signs of a family are rather vague: it is not stipulated how many people should live together in one territory - three days, a month, a year, several years? What is a 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, it would seem, are the most objective, fixable. What then can be said about that subtle system of relations that turns the family into a special spiritual education; how to measure them?

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

A young family is what they call two people who have recently sealed their union with the bonds of Hymen. But how accurate is this definition? After all, not every officially registered marriage is reborn into a full-fledged family. Many people agree to legitimize relationships for reasons of benefit, not striving to build a lasting union. Others live happily for many 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 explain the difference between marriage and family.

Definitions

Marriage

Marriage- a family relationship registered with state bodies and regulated by society between two people who have reached a certain age. Generates the rights and obligations of spouses in relation to each other. It entails legal consequences in the field of property and personal rights and obligations of partners. In many states, including Russia, there is a ban on unions between close relatives and people of the same sex. The marriageable age in the country was set at 18 years. Although, in exceptional cases, younger couples can also register relationships. It is worth noting that the definition of "civil marriage" means exactly the one fixed with a seal in the passport, and not at all a free union.


A family

A family- the basic cell of society, a social institution. It implies a voluntary, officially registered union of a man and a woman. Partners are interconnected by a common life and desire for the birth of children, their upbringing and socialization. Such a union belongs to the category of the most important social values. For an adult individual, the family is a way to satisfy certain needs, as well as a small team that presents him with the most diverse and sometimes quite complex requirements. Children, on the other hand, perceive the cell of society as an environment for physical, intellectual, mental and emotional development. A family can also be called a parental 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 into the semantic component of the concepts under consideration. Thus, marriage is an institution that officially allows a woman and a man to live together, as well as establishing mutual legal rights and obligations of spouses. That is, this term applies only to two people. The concept of "family" has a deeper meaning. This is not just a pair of individuals bound to each other by common obligations, but a whole set of interpersonal relationships that are not amenable to 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 marriage and a family is that it can be fictitious - artificial, concluded by calculation. In this case, the spouses do not live together, they are connected only by a stamp in the passport. Whereas a fictitious family cannot be. 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, discuss problems. And, most importantly, they are responsible for each other. Whereas the formal seal in the passport does not guarantee that the spouses will become one. Even coexisting on the same territory, they can remain strangers, unable to find a common language. The definition of "family" is hardly applicable to such a marriage union. Thus, going to the registry office is not at all a guarantee of building full-fledged relationships.

To summarize the above and draw a line under the question, what is the difference between marriage and family.

Marriage A family
Social institution that establishes the legal rights and obligations of spousesA broader concept that includes a set of interpersonal relationships that are not amenable to legal regulation
Applies to two people onlyUnites parents and their children, as well as other relatives with whom communication is maintained
Spouses may not live togetherPartners are connected by a common life
Consisting in it, a man and a woman sometimes remain completely strangersIts members are responsible for each other, have similar interests and views on life.
Spouses may not think about procreationPartners strive for the birth of children, their upbringing and socialization

MOSCOW CITY PSYCHOLOGICAL AND PEDAGOGICAL UNIVERSITY

Faculty of Distance Education

Discipline:

"Jurisprudence"

abstract

Topic:

The concept of family and marriage.

Kiryanova Anastasia Yurievna

Course 3, semester 5

Form of study: distant

Moscow, 2007

· Introduction…………………………………………….. …3 p.

· The main part………………………………………....4 p.

Types of marriage. …………………………………………...4 p.

Civil marriage - a bit of history………………….……..6 p.

Conditions for concluding a marriage union…………………….…..11str.

Is it necessary to register a marriage?

to start a family…………………………………………………………….

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

· The final part……………………………….15 p.

· List of used literature………………16 p.

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, of course, has his own opinion on this issue: someone believes that a real family must necessarily register their relationship; and someone believes that in such a fast pace of life it is just a waste of time.

What is a family? The family is a complex social phenomenon in which diverse forms of social relations and processes are intertwined. 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 the whole life of a person. All this leads to the fact that in relation to the family it is not so easy to undertake an objective scientific study. As the American sociologist Good 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 gifts for their anniversary - buy new wedding rings (new fashion).

First, we need to figure out what these terms that are so familiar to us mean:

Marriage- a family union of a man and a woman, giving rise to their rights and obligations in relation to each other and to children. In most modern states, the law requires the appropriate registration (registration) of marriage in special state bodies; along with this, in some states, legal significance is also attached to a marriage concluded according to religious rites. In some states (for example, in France), when registering a marriage, a marriage contract is often concluded. In the Russian Federation, only marriages concluded in state civil registry offices (registries) are recognized. Until 1944, the so-called. actual (unregistered) marriage.

Marriage (marriage)- a permanent union of a man with a woman in order to create a family and procreate. People who are married are called spouses or married couples. A man is a husband, a woman is a wife (according to Brockhaus and Efron).

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

A family- a small group based on marriage or consanguinity, whose members are connected by common life, mutual assistance, moral and legal responsibility. As a stable association arises with the decomposition of the tribal system. The first historical form of monogamy is the patriarchal family (ruled by the father, including his descendants with their wives and children, as well as domestic slaves). Industrialization destroys the connection of the family with domestic 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: 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 future spouses, and family relations are increasingly characterized by their equality.


Main part.

Types of marriage.

Marriage and family are the two most important concepts in our life, the definitions of which are very, very many. Depending on the culture of a particular place, these concepts may differ, 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 the spouses may also not live with each other, and, nevertheless, be married, or the family may exist, even if one of the spouses has to leave for a long time due to work. But with all the variety of human relationships, marriage unions can be easily classified:

A church marriage is a marriage consecrated 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 a church marriage, so priests recommend registering with the registry office before it is concluded. In Orthodoxy and among Catholics, marriage is one of the Sacraments - the Wedding.

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

Civil marriage - a marriage formalized in the relevant state authorities without the participation of the church. In colloquial speech, cohabitation and running a joint household without registering a marriage are often referred to as such.

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

as well as several other types of other unions:

Actual marriage (in Russian law - cohabitation) or unregistered marriage, often incorrectly called "civil" - relations between partners-"spouses" that are not formalized in the manner prescribed by law. Even with the conduct of a common household and / or the presence of common children, it is not recognized by all religious directions. In the USSR it was legally recognized in 1926-1944. According to the current Family Code of the Russian Federation, unregistered cohabitation of a man and a woman does not give rise to marital rights and obligations, although the rights of children born in marriage do not differ from the rights of children born out of wedlock. The legislation of some foreign countries is recognized as concubinage.

A fictitious marriage is a feigned formalization of a marriage without the intention of starting a family in order to receive the benefits associated with it from the state. The proven lack of intention to start a family in Russia is the basis for recognizing the marriage as invalid.

Polygyny (1 + N) - the simultaneous state of a man 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) that the child will be recognized if he is born. Nevertheless, their position is significantly lower than that of wives, and rather resembles slavery.

Polyandry (M + 1) - the simultaneous state of a woman married to several men. It is rare, for example, among the peoples of Tibet, 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) - cohabitation of several women (N) with several men (M). Nowadays it is a form of youth experiments. In Russian, it is called the "Swedish family", although the Swedes themselves oppose such a definition. Previously, many scientists argued that group marriage existed in a primitive society under matriarchy and preceded the institution of pair marriage; this theory of promiscuity is now considered highly 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 countries of Northern and South American same-sex couples can marry. Some churches also recognize homosexual marriage (eg the Swedish Episcopalian). In the respective national languages ​​and legislations, the same word is used, 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 in such a union there cannot be common biological children (but there can be adopted ones). In most countries, including Russia, same-sex marriages are not recognized or registered.

Social science. Full course of preparation for the Unified State Examination Shemakhanova Irina Albertovna

3.14. Family and marriage

3.14. Family and marriage

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

1. How small social group- the subject of the study is intra-family relations (relations 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.

The family, a broader concept and social phenomenon, includes, as a rule, the institution of marriage. However, there are cases when marriage and family exist as if by themselves. Such extramarital relations in the family are usually called civil marriage.

A family- a single social community, the integrity of which is ensured by the complementarity of the sexes, social functions and roles.

Family social status- one of the types of social status in society and determines the place of the individual 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 (son, daughter, brother, sister); intergenerational (grandfather, grandmother, grandson, granddaughter, etc.).

Family social role- prescribed and expected behavior due to marital status.

Social functions of the family

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

* Personality socialization.

* existential- the function of caring for and protecting its members, ensuring their social and psychological security.

* Economic and household- joint production of material goods and their distribution, organization of joint residence of family members and maintenance of their physical health and well-being.

* Function of primary social control- moral and social regulation of the behavior of family members in various spheres of life.

* Recreative- the function of restoring and strengthening the physical, moral and spiritual forces of a person.

* 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) - a function of mutual pleasure, enjoyment, love, happiness, etc.

Marriage - 1) historically established, socially regulated relations between men and women, establishing their mutual rights and obligations 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- the marriage union of several men and women (most characteristic of the early stages of development of primitive society);

* polygamous marriage- the marriage of one spouse with several. Polygamy is of two types: polygyny - the marriage of one man with several women; polyandry - the marriage of one woman with several men (Southeast India, Tibet, Ceylon, New Zealand, Hawaiian Islands);

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

* pair marriage- an equal marriage union of 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 the given kinship group;

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

There are also such varieties of marital relations as: marriage for love, marriage of convenience, sacred marriage, dynastic marriage, civil marriage, purchased marriage, marriage with kidnapping, 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 of 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 at the same moment acquires the status of a “wife” or “husband”, “co-owner” and / or “heir” of certain material assets (state).

Typology of the family

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

matriarchal family-Women occupy a dominant position in the family. Pedigree goes through the female line.

patriarchal family- the dominant 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. Pedigree goes through the male line.

Egalitarian family- equal power relations of spouses with interchangeable social roles.

2. Depending on the complexity of the family structure:

extended family- a complex family, which includes 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); middle children (3-4 children); large families (5 or more children); childless (married couples who do not want or are not able to have children); incomplete (families with children, but without one or both parents).

The most characteristic of the current state of society are two main types of families: patriarchal and egalitarian.

Signs of a patriarchal family

Priority of general family (tribal) interests over individual ones.

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

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

Large families. Having a large number of children in a natural way of production is beneficial from an economic point of view.

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

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

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

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

Signs of an egalitarian family

The priority of individual interests over the general family (tribal).

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

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

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

Individual planning of fertility.

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

Legal equality in possession and inheritance of family property.

The main signs of the crisis of the modern family

- Late marriages.

- Small and childless families. Late marriages and the desire of spouses to fulfill themselves in business, creativity and other extra-family activities do not allow them to devote enough time to giving birth and raising children. The personal egoism of the spouses wins over the natural feelings of preservation and reproduction of their kind.

- Decreased marriage rates. An increase in the total number of people who have never married.

- Increasing the number of divorces. In a democratic society, divorce is one of the attributes of personal freedom.

– Growth in the number of incomplete families. The increase in the number of divorces and out-of-wedlock births leads to the growth of single-parent families.

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

- 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. Grown-up children who grew up outside the family or in a dysfunctional family, as a rule, are not able to create a full-fledged family themselves.

- Reducing the parental educational role. An increase in the number of divorces and out-of-wedlock births of children lead to an increase in the number of single parent families. In such families, paternal upbringing is virtually absent. Children who grew up in maternal families learn 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 appearance and legal registration in some democratic countries of the so-called same-sex quasi-families, which, due to the same-sex "marriage" partners, cannot have jointly acquired children.

State recognition of the value of the family, its role in social development and the upbringing of future generations is enshrined in the Constitution of the Russian Federation. The main obligations for material maintenance, 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. The concept of the federal target program "Children of Russia" for 2007–2010, including subprograms: "Healthy Generation", "Gifted Children" and "Children and Family".

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

3. From January 1, 2007 to December 31, 2016, a form of state support is provided for Russian families raising children - maternal (family) capital.

4. The program of state support for large families in the Russian Federation for 2008–2015.

5. National charitable program "Support for the family and the child for 2012-2017".

6. Decree of the President of the Russian Federation of June 1, 2012 No. 761 “On the National Strategy for Action in the Interests of Children for 2012-2017”.

7. On May 24, 2013, the Founding Congress of the All-Russian Public Organization “National Parental Association for Social Support of the Family and Protection of Family Values” was held in Moscow.

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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 appearance of children, is marriage. Its definition is contained in various sources of law. Marriage cannot be entered into if the person is already in an official, family relationship with another person.

Definition

The relationship of a man and a woman who is officially registered in the registry office is marriage. The definition of the concept is contained in many sources. Marriage is concluded for the joint upbringing of children. 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, for various reasons, it can be reduced to sixteen, and in some cases even to 14 years.

Terms

So, in order to define the concept of which we have given above, it is necessary to comply with all the requirements established by the UK. The main conditions here are:

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

Otherwise, it will be impossible to conclude an official union. registered in the registry office - marriage. The definition of the concept is perceived at the household level. Marriage is considered a free will of two people based on mutual respect and love. It consists in creating a new unit of society and the appearance of children. Otherwise, the union may be recognized as fictitious.

Order

What is marriage? The definition of an ongoing act is interpreted as follows: it can be concluded only in the presence of a man and a woman who have decided to formalize their relationship. At least one month must elapse from the date of application. This period can be extended or reduced 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 registration of marriage in the registry office, they can go to court.

Kinds

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

  • Registered is the union of a man and a woman who have sealed their union with a signature in an official document and are legally considered spouses.
  • Church - carried out by conducting a wedding ceremony; marriage is currently not recognized in many states, so the ceremony is performed only after registration with the registry office.
  • Cohabitation, or concubinage, is a union of two people who share a household, 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 cool down or start relationships on the side. In this case, the second half cannot recover and decides to break off relations. But if children appeared 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 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 end the marital relationship can apply to the Magistrate's Court. There, such cases are considered within a month. Also, the court has the right to give the spouses up to three months for reconciliation. And if this does not happen, the marriage will be dissolved.

In the event that the husband and wife cannot reach a consensus and decide on who the child will live with, this issue must be resolved in the district court. Guardianship authorities must be present here, which give their opinion.

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

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 the family. After all, they were married in order to be together and love each other.

Not allowed

Marriage in the Family Code of the Russian Federation is recognized as the union of a husband and wife, which is protected by the state and gives spouses equal rights and obligations. Nevertheless, if several norms determined by the UK are not observed, it will not be registered. These conditions are as follows:

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

In the presence of the above circumstances, marriage registration is not allowed. Otherwise, it will be declared illegal.

Property disputes

All things that were bought by the spouses during the marriage are considered their joint property. This rule does not apply only to clothing and footwear. Nevertheless, in practice there are cases when husbands during a divorce ask their wives to return donated jewelry or expensive items, because the latter are luxury items (for example, a mink coat). All immovable property upon dissolution of marriage 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 made major repairs there (changed pipes and plumbing, carried out production and other technical work), then the court may recognize such housing as joint property.


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