Comparison of marriage in family law. Model of behavior in marriage

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, mutual agreement, live in different places and just come to each other.
• administered household.
  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 enshrined in the 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, exist 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 registration authorities civil status(MARRIAGE REGISTRY). 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 that are not subject to 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 a 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 family law: about mutual financial responsibility, about 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.

At the same time, in cohabitation before official marriage one can also find 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 For those who have decided to enter into a family union, a “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.

There is no definition of marriage in law. It is given by scientists - lawyers, philosophers, sociologists.

In legal literature marriage- is defined as a legally formalized, free and voluntary union of a man and a woman, with the goal of creating a family and generating mutual and mutual relations for them.

The grounds for marriage are recognized as legal norms, not moral ones: a marriage union only determines a system of rights and obligations. Thus, marriage is a means of registration and a form of social control over it. As a rule, marriage involves registration in government agencies or in religious institutions vested with such powers.

It especially emphasizes that marital rights and obligations arise only in registered marriage. The actual cohabitation of a man and a woman does not give rise to family relations. It is state registration that makes it possible to truly guarantee the protection of a wide variety of rights of family members. For example, alimony, housing, and inheritance rights of spouses are protected only after presentation of a marriage certificate.

Traditionally, there are three developed forms of marriage (family) relations, the features of which are culturally and socially determined:

• monogamy- the union of one man and one woman. This form of family arose during a period when the development of agriculture made it possible for a Parsi couple to feed and raise children without interference from the entire clan; since then it has been the most common;
• polygamy(polygamy) is a form traditional in Islamic culture and some primitive societies. IN Ancient Greece There was also temporary polygamy: in the period after major wars, which sharply reduced the male population, men were allowed to have several wives. After population losses were replenished, polygamous marriages were officially abolished;
• polyandry(polyandry) - a form that is quite rare; existed in remote areas of India, Tibet, Far North and on some islands of Polynesia. The reason for polyandry was the need to limit the population in areas with scarce resources. Among primitive peoples, polyandry, as a rule, was accompanied by a cruel tradition of killing the majority of newborn girls.

The modern institution of marriage is in a state of transformation. As individual freedom becomes the most important value, the number of marriages decreases, the age at marriage increases, marital bonds weaken, the number of divorces increases, and the number of children born in marriage decreases. Society’s attitude towards family and marriage is also changing: if previously it was considered important that the relationship between a man and a woman be officially registered, now unions that are not documented are recognized as a variant of the norm.

Marriage

Marriage is concluded at the state civil registry office after one month has passed after the bride and groom have submitted a joint application. Monthly period in the presence of good reasons may be reduced or increased, but not more than by a month.

If there are special circumstances (pregnancy, birth of a child, immediate threat to the life of one of the parties and other special circumstances), the marriage can be concluded on the day the application is submitted.

To get married, the following conditions must be met:

• mutual agreement persons entering into marriage;
• achievement marriageable age. By general rule The age of marriage is set at 18 years, but the authorities local government at the place of marriage registration they can reduce it, but not more than by two years (the laws of the constituent entities of the Russian Federation may provide for exceptional cases when marriage is allowed before reaching the age of 16);
• lack of marital relations for future spouses (marriage between persons, at least one of whom is already in another marriage, is not allowed);
• lack of family ties the bride and groom (relatives in a direct ascending and descending line, full and half brothers and sisters, adoptive parents and adopted children cannot marry);
• legal capacity of persons entering into marriage(a ban on marriage is established for persons recognized by the court as incompetent due to mental illness or dementia).

Invalid marriage

Failure to comply with these conditions or registering a marriage in compliance with them, but without the intention of starting a family ( fictitious marriage ) in the event of a request from interested persons or authorized bodies, may entail recognition in judicial procedure marriage is invalid. Concealing a sexually transmitted disease or HIV infection also gives the other spouse the right to go to court to have the marriage declared invalid.

A marriage declared invalid by a court does not give rise to the rights and obligations of the spouses from the moment of its conclusion. A conscientious spouse (who did not know about the presence of obstacles to marriage) has the right to keep the surname he chose when registering the marriage. If one of the spouses concealed that he was already married, then the person who did not know about this has the right to demand property retention and division of property in accordance with the norms of the Family Code of the Russian Federation, i.e., on more favorable terms for himself. In any case, declaring a marriage invalid does not affect the rights of children born in this marriage.

Marriage is a voluntary union between a man and a woman based on mutual love and respect, registered with the civil registry office, aimed at creating a family and generating mutual personal non-property and property rights and obligations.
Conditions of marriage and circumstances,
preventing marriage. Conditions for marriage are circumstances the presence of which is necessary for marriage (Article 12 of the Family Code). Marriage should not be concluded if there are circumstances that prevent marriage, provided for in Art. 14 of the Family Code.
So, for marriage it is necessary.

1. Mutual voluntary consent of a man and a woman to marry. Same-sex marriage is not allowed in the Russian Federation. The will of persons entering into marriage must be expressed personally and freely, without any coercion (threats, violence, both physical and mental, not only from persons entering into marriage, but also from other persons). Criminal law provides for liability for forcing a woman into marriage.
2. Marriage age. Currently, the general marriageable age in the Russian Federation is 18 years. Due to the fact that actual marital relations develop in more early age, in accordance with paragraph 2 of Art. 13 of the Family Code, if there are good reasons, local governments have the right to allow persons who have reached the age of sixteen to marry at their request. The marriageable age is lowered by local administration authorities at the place of residence of persons entering into marriage.

Reducing the age of marriage below sixteen years is possible only in those constituent entities of the Russian Federation where a law has been adopted establishing the procedure and conditions under which marriage, as an exception, may be permitted before reaching the age of sixteen. Such laws have been adopted in 22 constituent entities of the Russian Federation: Kaluga, Moscow, Murmansk
Novgorod, Oryol, Rostov, Ryazan, Tver regions and other constituent entities of the Russian Federation. For example, for residents of the Moscow region who have not reached sixteen years of age, the age of marriage can be reduced to fourteen years in the presence of one of the following circumstances: the birth of a child, pregnancy, or a threat to life. The latter circumstance is extremely rare in practice. For example, a young person must undergo an operation in a hospital, the outcome of which is unknown.
Currently, there are no uniform norms in the legislation that would define uniform approaches to the conditions of imprisonment early marriages. Thus, in three constituent entities of the Russian Federation (the Republic of Bashkortostan, Novgorod and Oryol regions) there are no age restrictions at all, that is, marriage can be permitted to a person under 14 years of age. In other regions of the Russian Federation, reducing the age is possible to 14 or 15 years. In some regions, marriage under the age of 16 is possible only if there is a pregnancy of 22 weeks or more, the termination of which is contraindicated by imprisonment medical commission. In a number of regions, it is possible to lower the age of marriage if there is an immediate threat to the life of one of the parties. However, this concept is not explained and raises the question of the advisability, for example, of giving permission to marry a 14-year-old girl in the event that an adult man who wants to marry her is in danger.
Some constituent entities of the Russian Federation do not regulate these issues at all.
Upper limit The age of marriage is not established in the Russian Federation. A big difference age is also not an obstacle to marriage.

1. It is not permitted to enter into a marriage between persons, at least one of whom is in another registered marriage. This condition corresponds to the principle monogamous marriage.
2. Marriage between close relatives is not allowed. These include relatives in a direct ascending and descending line: parents and children, grandparents and grandchildren; as well as full and half brothers and sisters. In this case, the relationship can also be extramarital. This is explained by the inadmissibility of incest and the high number of diseases and malformations in the offspring of such marriages. A cousin is not an obstacle to marriage ( cousins and sisters) and more distant relationship, as well as property relations (marriages between stepbrothers and sisters).
3. Marriages between adoptive parents and adopted children are prohibited, which is justified by ethical considerations, since the legal relationship between these persons is legally equivalent to the relationship between parents and children.
4. Marriage between persons is not permitted, at least one of whom has been declared incompetent by a court due to a mental disorder. This is due to both medical considerations and the inability of an incapacitated person to give informed consent to marriage, which leads to non-compliance with the principle of voluntariness marriage union. This provision does not apply to persons with limited civil capacity.

Marriage registration is carried out by civil registry authorities formed by state authorities of the constituent entities of the Russian Federation.
Marriage registration in accordance with Art. 25 of the Federal Law “On Acts of Civil Status” is carried out by any civil registry office on the territory of the Russian Federation at the choice of persons entering into marriage. If the civil registry office refuses to register a marriage, such refusal can be appealed to the executive authority or to court in accordance with the Civil Procedure Code of the Russian Federation.
Marriage and its state registration are carried out in accordance with Art. 11 of the Family Code after one month from the date of filing a joint application for marriage to the civil registry office. This period, if there are good reasons, can be reduced or increased by no more than a month by the head of the civil registry office upon a joint application of persons entering into marriage. The legislation does not provide an exhaustive list of such reasons. Most often these include pregnancy, the birth of a child, the actual creation of a family, a long business trip, illness, conscription into the army and others. If there are special circumstances (pregnancy, birth of a child, immediate threat to the life of one of the parties and other special circumstances), the marriage can be concluded on the day the application is submitted.
State registration of marriage is carried out in the personal presence of the persons entering into marriage.
Recognition of marriage as invalid. Although marriage is not a transaction, nevertheless, it can be declared invalid in court, as established by paragraph 2 of Art. 27 of the Family Code. Until the marriage is recognized invalid court, despite the presence of appropriate grounds, the marriage is considered valid. The grounds for declaring a marriage invalid are:

1. lack of mutual voluntary consent to join

marriage,

1. not reaching the marriageable age, unless it has been reduced in in the prescribed manner,
2. close relationship
3. adoption relationship,
4. incapacity of one of the spouses upon marriage,
5. not terminated previous marriage,
6. marriage with a person who hid his HIV infection or venereal disease,
7. fictitious marriage.

Marriage with a person who concealed the presence of HIV infection or a sexually transmitted disease. In accordance with Art. 13 of the Federal Law of March 30, 1995 No. 38-FZ “On warning
spread in the Russian Federation of the disease caused by the human immunodeficiency virus (HIV infection)" HIV-infected a person has the right to receive information about the results of his medical examination. A person who knows that he has HIV infection or a sexually transmitted disease is obliged to notify his future spouse about this. Otherwise, the marriage may be declared invalid within one year from the moment the spouse learned that the other spouse had a disease.
A fictitious marriage is a marriage entered into without the intention of creating a family (Clause 1, Article 27 of the Family Code). This intention may be absent from either one of the spouses or both. As a rule, such a marriage is aimed at obtaining the right to the spouse’s living space, Russian citizenship or pursues others, as a rule, selfish goals. The party interested in recognizing such a marriage as invalid must prove that in this case does not just take place family quarrel, but that at the time of marriage the other spouse did not have the goal of creating a family. The court cannot recognize a marriage as fictitious if the persons who registered such a marriage actually created a family before the court considered the case. Only a conscientious spouse or a prosecutor can file a claim with the court to declare a fictitious marriage invalid. A bona fide spouse is a spouse whose rights are violated by the conclusion of a marriage declared invalid
A marriage can only be declared invalid by a court. Consequences of declaring a marriage invalid.

1. Cancellation of the rights and obligations of spouses that arose from the moment of registration of the marriage and existed before it was declared invalid. Unlike divorce, rights and obligations are canceled not from the moment of divorce, but from the moment of marriage.
2. Spouses who changed their last name upon marriage will return to their premarital last name.
3. Property acquired during marriage is subject to the provisions of community property rather than joint property.
4. The marriage contract is declared invalid.
5. The right to alimony of the spouse who had the right to receive it is lost.

It would be unfair to apply these consequences to a conscientious spouse whose rights were violated by the conclusion of such a marriage. In accordance with paragraph 4 of Art. 30 of the Family Code, the court may, in the interests of a conscientious spouse, recognize his right to receive maintenance from the other spouse, and in relation to property acquired jointly during marriage, apply the provisions on common joint property, as well as recognize the marriage contract as valid in whole or in part.
A conscientious spouse may retain the surname he chose when registering the marriage.
Termination of marriage occurs in the following cases:

1. death of a spouse,
2. declaring a spouse deceased in court,
3. divorce.

In the event of the death of a spouse or declaring him deceased, no special registration of termination of marriage is required.
Divorce occurs in court or administrative procedure.
Divorce by joint application of the spouses. IN
In an administrative procedure, a marriage is dissolved by the civil registry office if the spouses do not have common minor children and both spouses agree to the dissolution of the marriage.
Civil registry authorities do not investigate the reasons for divorce; their functions are limited to registering divorce. The grounds for divorce are joint statement spouses. In accordance with paragraph 4 of Art. 33 of the Federal Law “On Acts of Civil Status”, divorce is carried out by the civil registry office in the presence of at least one of the spouses after a month from the date the spouses submitted a joint application. This period cannot be reduced or increased. State registration of divorce is carried out by the civil registry office either at the place of residence of the spouses (one of them) or at the place state registration marriage.
Divorce at the request of one of the spouses. Clause 2 of Article 19 of the Family Code provides for cases when a marriage is dissolved in the civil registry office at the request of one of the spouses, regardless of whether the spouses have common minor children, if the other spouse:

• declared missing by the court,
• declared incompetent by the court,
• convicted of committing a crime to imprisonment for a term of over three years. In all of these cases, the marriage can be dissolved not only in the civil registry office, but also in court at the request of the spouse.

Divorce in court. According to Art. 21 of the Family Code, a marriage can be dissolved in court if the spouses have common minor children, as well as in the absence of the consent of one of the spouses to dissolve the marriage, or if one of the spouses evades the dissolution of the marriage at the civil registry office, for example, refuses to submit an application .
The possibility of filing a claim for divorce is limited to the husband during his wife’s pregnancy and within one year after the birth of the child. The divorce process can have a particularly adverse effect on the health of the woman and child during this period, and in accordance with Art. 17 of the Family Code, a husband does not have the right to initiate proceedings for divorce without the consent of his wife.
The basis for divorce in court is the application of one of the spouses. The application for divorce may simultaneously contain demands for the collection of alimony for the maintenance of a child or for the spouse himself, and demands for the division of property.
If the spouses mutually agree to divorce, the court does not find out the reasons for the divorce, but is limited to stating the fact of family breakdown and divorce, and also takes measures to protect the interests of minor children.
In the absence of mutual agreement, the court in accordance with paragraph 1 of Art. 22 of the Family Code must establish that further living together spouses and family preservation are impossible. The legislation does not provide a list of reasons that serve as grounds for divorce. If the court is not convinced of the breakdown of the family, then it can give the spouses time for reconciliation within three months. If, after the expiration of the period for reconciliation, the plaintiff continues to insist on divorce, the court is obliged to dissolve the marriage, regardless of whether it is convinced that it is impossible for the spouses to preserve the family.
Issues resolved by the court upon divorce.
Divorce of marriage entails termination legal relations between spouses, and the spouses are not always able to resolve issues about children, property acquired during marriage, and alimony themselves. In this regard, according to paragraph 2 of Art. 24 of the Family Code, in the absence of an agreement between the spouses on these issues or if the agreement concluded between them violates the interests of the children or one of the spouses, the court is obliged:

• determine which parent the minor children will live with after the divorce;
• determine from which parent and in what amount child support is collected;
• at the request of the spouses (one of them), to divide the property in their joint ownership;
• at the request of the spouse entitled to receive maintenance from the other spouse, determine the amount of this maintenance.

Simultaneously with the claim for divorce, a demand for recognition of the marriage contract as invalid in whole or in part may also be considered.
Legal consequences of divorce. Divorce entails the termination of personal and property legal relations between the spouses. Everything that spouses acquire from the moment the court decision enters into legal force is their separate property. To carry out transactions with real estate, including the acquisition of real estate, the notarized consent of the other spouse is not required.
When making an entry in the civil register about the divorce, the spouse may, at his request, have his premarital surname returned.

Legal relations that arise between spouses are divided into personal non-property and property. Personal
non-property legal relations are predominant in family law, since they are determined by the very essence of marriage, based, as a rule, on love, mutual understanding and
mutual respect.
Types of personal non-property rights and obligations of spouses. The personal rights and obligations of spouses are inextricably linked with their owners and cannot be transferred to other persons. Some of them are provided for in the Constitution of the Russian Federation.
The Family Code establishes the following personal non-property rights and obligations.

1. The right for spouses to choose their occupation, profession, place of stay and residence (Clause 1, Article 31 of the Family Code).
2. Equal rights spouses in resolving issues of family life: the upbringing and education of children, paternity and maternity (clause 2 of Article 31 of the Family Code).
3. The obligation to build your relationships in the family on the basis of mutual respect and mutual assistance, to promote the well-being and strengthening of the family, to take care of the well-being and development of your children (clause 3 of Article 31 of the Family Code).
4. The right to choose a surname (Article 32 of the Family Code).

The right to choose a surname is that each spouse decides for himself what surname he should have, regardless of the consent of the other spouse or third parties (for example, his or her parents or the spouse’s parents). A change of surname by one of the spouses does not entail a change of surname of the other spouse. When entering into a marriage, spouses may choose to use the common surname of one of the spouses, or retain the premarital surname, or, unless otherwise established by the law of the subject of the Russian Federation, add the surname of the other spouse to their surname. Clause 2 art. 28 of the Federal Law “On Acts of Civil Status” provides that spouses can choose a double surname as a common one by adding the wife’s surname to the husband’s surname. The common surname of the spouses may consist of no more than two surnames, joined by a hyphen when written. In the event of divorce, each spouse has the right to retain the surname that he acquired upon marriage, or to restore his premarital surname, regardless of the consent of the other spouse.
The legislation regulates property relations between spouses in more detail, which are divided into spousal property relations and alimony relations.

Legal regime of marital property. In the Russian Federation, as in many other countries, there is a distinction between legal and contractual regimes for the property of spouses. The legal regime for the property of spouses is the regime of common joint property. The essence of common joint property is that the participants in common joint property own, use and dispose of the property that belongs to them and constitutes a single whole, in which the shares are not predetermined.
Property that is the common property of spouses. General joint property spouses is property acquired during marriage, that is, from the moment when the marriage is registered with the civil registry office, regardless of which spouse it was acquired or deposited in the name of. Types of property are listed in paragraph 2 of Art. 34 Family Code:

1. income of each spouse from labor activity, entrepreneurial activity and results of intellectual activity,
2. received pensions, benefits, as well as other cash payments that do not have a special purpose,
3. movable and immovable property,
4. rights of claim expressed in securities, shares, deposits, shares in capital, contributed to commercial organizations, including credit,
5. as well as any other property acquired by the spouses during the period

marriage.
Spouses acquire equal rights to common property, regardless of in whose name it is registered (for example, an apartment or a car), a bank account is opened, or in whose name a share in the cooperative is contributed. Not only spouses who equally or partially participated in the acquisition of property have equal rights to common property. The right to common property also belongs to the spouse who, during the marriage, managed the household, cared for children, or for other valid reasons did not have independent income, which is provided for in paragraph 3 of Art. 34 of the Family Code. Such reasons include illness, disability, inability to find employment, study, etc.
According to Art. 37 of the Family Code to the general joint
the property of the spouses may be attributed to the property of each of the spouses if it is established that during the marriage, investments were made at the expense of the common property of the spouses or the property of each of the spouses or the labor of one of the spouses that significantly increased the value of this property. For example, if in a house that belonged to the spouse before marriage or was received during the marriage under a gratuitous transaction, major renovation or reconstruction, then this property as a whole can be recognized as common joint property. If during the marriage the part of the house belonging to one of the spouses was capitally repaired at the expense of common funds and its value has increased significantly, then the part of the house corresponding in value to the improvements made can be recognized as the common joint property of the spouses. If the investments made have not significantly increased the value of the property, then the other spouse may demand a division of the funds that were spent on the improvements made. The agreement between the spouses may provide otherwise.
Property that is not jointly owned
property. The following types of property are not jointly owned:

• property that belonged to each spouse before marriage;
• property acquired, although during marriage, but on personal funds one of the spouses that belonged to him before marriage;
• property received as a gift, by inheritance or through other gratuitous transactions, for example, gratuitous privatization of housing, as well as bonuses and awards not included in the remuneration system;
• personal items, with the exception of

jewelry and luxury items, although acquired during the marriage from the common funds of the spouses. Jewelry includes items from precious metals: gold, silver, platinum, palladium. The question of what is a luxury item for a family is resolved by the court in every specific case, based on income, family standard of living and other circumstances.
The court may recognize property acquired by each of the spouses during their separation upon termination family relations, the property of each of them, which is provided for in paragraph 4 of Art. 38 of the Family Code.
According to paragraph 2 of Art. 253 of the Civil Code, the disposal of jointly owned property is carried out with the consent of all participants, which is assumed regardless of which of the participants makes the transaction to dispose of the property. In cases where one of the spouses makes a transaction by order of common property, it is assumed that he acts with the consent of the other spouse. The other party to the transaction does not need to require proof of the other spouse's consent.
In accordance with paragraph 3 of Art. 35 of the Family Code, when making transactions with real estate or transactions requiring notarization or state registration (as a rule, such transactions are made with expensive property and significant for spouses), the consent of the other spouse must be expressed in writing and notarized. Moreover, such consent is required not only when alienating real estate, but also when acquiring it. Otherwise, the spouse has the right to demand that the transaction be declared invalid within a year from the day when he learned or should have learned about the completion of this transaction.
Marriage contract
The regime of common joint property of spouses can be changed by a marriage contract. Art. 40 of the Family Code gives the following definition of a marriage contract. A marriage contract is an agreement between the persons entering into marriage or an agreement between the spouses that defines the property rights and obligations of the spouses in the marriage and (or) in the event of its dissolution. Thus, a marriage contract can be concluded either before the marriage is registered, but it comes into force only after its state registration, or at any time during the marriage.
The form of the marriage contract must be written and notarized. At the same time, a marriage contract should be distinguished from a property division agreement, which requires a simple written form. An agreement on the division of property acquired during marriage can be concluded only after the marriage is registered and only in relation to property that has already been acquired and will not be acquired in the future.
The contents of the marriage contract can be formed by following conditions provided for in Art. 42 of the Family Code.

1. Spousal property regime. As a rule, the main purpose of a marriage contract is to change the regime of common joint property of the spouses and replace it with shared or separate property. The marriage contract may change the regime in relation to certain types of property, for example, real estate, or certain income. Thus, a marriage contract may indicate that income from business activities will belong to the spouse who carries out the business.
2. Obligations for mutual maintenance or for the maintenance of one of the spouses by the other. At the same time, the norms of the Family Code on alimony should not be violated. In particular, if the marriage contract stipulates that the spouse has no right to receive financial support under any circumstances, then this provision will contradict Art. 89 of the Family Code and is considered void. The spouse will not lose the right to receive maintenance if she is disabled and in need, as well as during pregnancy and within three years from the date of birth common child, as well as in other cases established by law.
3. Ways to share in each other's income. This condition can be included in the marriage contract in cases where both spouses have independent income, as well as when one of the spouses has no income, but thus acquires ownership of the income received by the other spouse, for example, in the form of a certain percentage of income from entrepreneurial activity.
4. The procedure for each spouse to bear family expenses. These may include current expenses, such as rent, public utilities, purchasing food, etc., and others, for example, for training, treatment, etc.
5. The procedure for the distribution of property that will be transferred to each spouse in the event of divorce. Such terms in the contract will allow you to avoid disputes and going to court in the event of divorce.
6. Other provisions concerning property relations spouses.

The law provides for a number of conditions that should not be in a marriage contract. Otherwise, they are invalid and entail the notary’s refusal to certify the agreement.
These include the following conditions:

• limiting the legal capacity or capacity of spouses. For example, a spouse’s right to make a will cannot be limited;
• limiting the right to go to court. For example, it is impossible to provide in a marriage contract that spouses, if they do not have minor children, undertake to dissolve the marriage in the civil registry office, and not in court, and not demand division of property;
• establishing personal non-property relations between spouses. Since the personal non-property rights of spouses are practically not regulated by law and their implementation cannot be ensured by the coercive force of the state, their inclusion in the contract will not be of a legal nature. It is impossible in the contract to provide, for example, the distribution of responsibilities for cleaning the apartment, the obligation to observe marital fidelity, etc. In some countries, for example, in the United States, it is allowed to regulate in a marriage contract personal non-property relations between spouses, as well as rights and obligations in relation to children;
• establishing rights and responsibilities in relation to children. Since children are independent subjects of law, all acts affecting the rights of children must be carried out separately;
• limiting the right of a disabled, needy spouse to receive maintenance. It is also impossible to limit the rights of spouses to alimony on other grounds provided for in Art. 89 Family Code;
• conditions that place one of the spouses in an extremely unfavorable position. For example, conditions under which all property acquired during the marriage is the property of one of the spouses, and the other spouse is completely deprived of ownership of this property, without any compensation;
• contrary to the basic principles of family

legislation. This applies primarily to the norms and principles provided for in Art. 1 of the Family Code.
Invalidation of the marriage contract. A marriage contract can be declared invalid (voidable or void) on the same grounds as any civil law transaction. For example, a marriage contract may be recognized as a sham transaction if it was made to cover up a contract for the sale and purchase of property to avoid taxation, or a marriage contract may be declared invalid due to the fact that it was concluded under the influence of deception, threat or violence.
Responsibility of spouses for obligations. The property of the spouses may include not only material objects and rights of claim, but also the obligations of the spouses (debts). On practice important has a definition of the nature of the debt: is it general or personal. At the same time, we should not forget that obligations (debts) are part of the property and, therefore, if the debt arose during the marriage, then, as a general rule, it is joint, regardless of which spouse acquired this debt.
Personal obligations of spouses. Personal obligations include those incurred by each spouse:

1. before marriage registration,
2. after marriage, but for the purpose of satisfying personal

needs,

1. inextricably linked with the personality of the debtor (from causing harm, copyright agreement), which cannot be transferred either by law or by contract,
2. encumbering the separate property of the spouses, for example, debts of the testator transferred to the heir-spouse,
3. in front of other family members, e.g. alimony obligations and etc.

Depending on the nature of the debt, the legal consequences are determined. For personal obligations, recovery can be applied only to the personal property of the debtor spouse, and in case of insufficiency - to his share in the common property of the spouses, which is determined by division in accordance with Art. 255, 256 of the Civil Code of the Russian Federation.
General obligations of spouses. The common obligations are

1. for which both spouses became co-debtors in accordance with the law (for example, in case of joint infliction of harm) or assumed obligations under a contract;
2. a debtor in which one of the spouses acts, but everything received was spent on the needs of the family;
3. encumbrances of common property;
4. obligations to compensate for harm caused by common minor children, with the exception of cases where the child has been married or emancipated, etc.

Both spouses are responsible for joint obligations. First, the penalty is applied to their common property, and if it is insufficient, to the personal property of both spouses. This responsibility is joint.

Marriage is not only an expression platonic relationships between a man and a woman, but also represents a set of legal norms on the basis of which mutual personal and property rights arise between spouses. What is a marriage union, what is the responsibility for violating the rights and obligations of spouses - we will talk about this in more detail in our article.

In accordance with the legislation of the Russian Federation (in particular, paragraph 2 of Article 1 of the RF IC), an official marriage is recognized as a voluntary union between a man and a woman, based on monogamy, and registered with the state civil registry office (ZAGS). Marriage registration is confirmed by the issuance of a “Marriage Certificate” of the established form. It is undoubtedly worth noting that in modern world the institution of marriage has completely changed - individual freedom of a person is today the most important value, which, accordingly, entails a significant decrease in the number of registered marriages, the permissible age for marriage has been increased, the number of lawsuits in the courts is inexorably growing, and the number of children born in marriage has significantly decreased. Society has also changed its attitude towards marriage - if a couple of decades ago it was very important that the relationship between a man and a woman be officially registered, today the so-called civil marriage is considered the norm.

Conditions and procedure for marriage

Marriage in Russia takes place at the state civil registry office (registry office). The period determined between filing the application and the actual date of registration of the marriage union is 1 month. Exceptions are cases with special circumstances when a marriage is required directly on the day of filing the application, for example, pregnancy, birth of a child, threat to the life of one of the parties, etc. In addition, due to any valid reasons, the specified period may be extended, but not more than by 1 month. Marriage involves a number of mandatory conditions, which includes:

• reaching the age of 18 (due to exceptional cases, Russian legislation allows marriage registration at the age of 16);
• mutual consent of those entering into a marriage union;
• the absence of a previous marriage among future spouses (Russian legislation prohibits polygamous (bigamous) marriage, or polygamy (Articles 12, 14 and 27 of the RF IC);
• lack of kinship and family ties on both sides (that is, marriage cannot be registered between brothers and sisters, direct and descendant relatives, as well as between adoptive parents and adopted children);
• the legal capacity of citizens who want to register a marriage (that is, persons cannot enter into marriage recognized by the court incapacitated as a result of dementia or psychological disorders).

A joint application submitted by the bride and groom to the registry office confirms:

• voluntary mutual consent of both parties to register the marriage;
• the absence of any circumstances that may prevent marriage;

• full names of those entering into marriage, their dates and place of birth, citizenship and place of residence;
• age at marriage ( full years at the time of marriage registration with government agencies);
• future surnames determined by those entering into marriage;
• full details of identification documents.

The application is signed personally by the persons wishing to get married, and the date of its preparation must be indicated.

Invalid marriage

The conclusion of a marriage union may be declared invalid by the court in the following cases:

1. registering a marriage without the intention of starting a family, that is, a fictitious marriage;
2. concealment of sexually transmitted diseases or HIV infection;
3. lack of consent to marriage by one of the parties;
4. the presence of a previously concluded and undivorced marriage.

In a marriage that has been declared invalid by a court, the rights and obligations of the spouses cannot arise.

A spouse who did not know about the presence of any obstacles to registering a marriage has the right to retain the surname chosen at the conclusion of the marriage. If one of the spouses conceals the fact of a previously concluded and undivorced marriage, based on the norms of the Family Code of the Russian Federation, the other party has the right to demand the division of property on more favorable terms. Let us note that the recognition of a marriage as invalid in no way affects the rights of children born in this marriage.

Personal rights and obligations of spouses

In accordance with paragraph 2 of Art. 10 of the Family Code of the Russian Federation, the rights and obligations of spouses arise from the moment of state registration of marriage in the registry office.

A man and woman who register a marriage with state civil registry authorities acquire personal, property and non-property rights and obligations. The personal rights of spouses include:

• voluntary choice of the surname of one of the spouses as a common one, preservation of the premarital surname or choice of a double surname (combining the surnames of both spouses);
• freedom to make decisions regarding the choice of profession and type of activity, place of residence.

Personal non-property rights and obligations of spouses include:

• making joint decisions regarding issues about family life;
• making a decision and giving consent to the adoption of a child by one of the spouses;
• decision on divorce;
• the duty not to interfere with the choice of profession and occupation.

The property rights and obligations of spouses include:

• relations in matters of property, movable and immovable property;
• alimony relations (that is, relations for the mutual maintenance of spouses and children born in marriage).

In Russian legislation, family law involves two types of property relations between spouses:

• premarital property, that is, owned by one of the spouses before marriage;
• property that was acquired during cohabitation.

Property relations in marriage

Common joint property is property that was acquired during a family marriage at the expense of the joint income of both spouses (Clause 2 of Article 34 of the RF IC). Jointly acquired property is considered joint property, regardless of whose name it was acquired in.

Please note that “civil marriage” is not the basis for creating joint ownership of property.

Joint ownership does not imply the determination of shares; all participants jointly own and use common property, and dispose of it according to general agreement. Participants in joint ownership do not have the right to alienate or donate their share without first determining it. Only after the allocation of his share, the common joint property passes into common shared property, where each participant acquires the right to independently dispose of his share of the property: give as a gift, transfer to other persons, pledge. A different regime of property ownership may determine the content of which includes the rights and obligations of spouses regarding the maintenance of property and the procedure for managing family expenses. A marriage contract can be concluded not only before the marriage is registered with state authorities, but also at any time during its validity; it can be terminated or changed at any time by mutual consent of the spouses. The document is drawn up in writing and must be certified by a notary. The validity of the marriage contract is terminated simultaneously with the termination of the existence of the marriage union.

The content of the marriage contract should not contain conditions limiting legal capacity and violating the principles of equality between men and women, consisting of official marriage.

Except common property, persons who are officially married may have personal property, in particular:

• property that belonged to the spouse before marriage;
• property that was received during marriage as a gift or as an inheritance;
• personal items (except for luxury items and jewelry).

The spouse has the right to own, use and dispose of this property at his own discretion. However, we note that Russian legislation also provides for the fact that the other spouse invests funds in personal property, which can significantly affect the increase in its value, which, in turn, provides grounds for the court to recognize it as common joint property.

Example. One of the spouses owned an apartment before marriage; the other party invested funds for its complete overhaul. Accordingly, this property becomes the common joint property of both spouses.

Alimony relations

In addition to property and non-property rights, after marriage, spouses acquire a mutual obligation to provide material support to each other, which has a legal nature. In case of evasion of alimony payment, the spouse in need of financial support has the right to apply to the judicial authorities to collect it. Alimony is collected from the spouse who has for this purpose necessary means in cases:

• disability of the needy spouse;
• pregnancy and birth of a common child (within 3 years from the date of birth);
• when one of the spouses cares for a common disabled child of the 1st group since childhood.

Alimony is payable monthly in a certain amount of money. You can read about how to collect alimony in the article "".

Medical examination before marriage

Based on Art. 15 of the Family Code of the Russian Federation, persons entering into a marital relationship have the right to undergo a medical genetic examination in order to identify the presence of any diseases that may pose a danger not only to the health of the other spouse, but also to future offspring. Medical examination is voluntary and is carried out with the personal consent of those entering into marriage. Medical genetic examination can be carried out in any state or municipal institutions health care, staffed by specialists who have the right to conduct such examinations. The results of the examination are the personal medical secret of the person entering into marriage, and its illegal disclosure, in particular, to the future spouse entails civil liability with compensation for moral damage caused to the victim (Article 151, 1099-1101 of the Civil Code of the Russian Federation). Undoubtedly, future spouses may ask to see a conclusion medical research, in this case, the other party has every right to refuse the examination or to inform about the results obtained. However, in the event of a deliberate concealment of one of the parties to the marriage about the presence of a sexually transmitted disease or HIV infection, the other party has the right to appeal statement of claim to the court to declare the marriage invalid (Articles 15, 27-30 of the RF IC).

Why do we need official registration of relationships between a man and a woman? The creation of a separate “cell of society” has been the goal of man at all times. Living together, having and raising children make the union of two people desirable for most citizens. What does the concept of marriage include, and what legal consequences does it have?

The regulation of relations related to the conclusion, operation and dissolution of a marriage union is contained in. However, even he does not reveal the meaning of this word.

Thus, the concept of marriage under family law can be taken from legal literature. Despite the fact that the basis for creating a family is personal feelings, the union has a legal nature.

Marriage is a legal union that must be realized freely and voluntarily. As a result, the couple receives a certain list of mutual rights and obligations. A registered couple is called a family. Its education is the main goal of the union. Marriage relations imply:

• Cohabitation;
• housekeeping;
• birth, raising children;
• general regime of property;
• mutual respect and love.

Currently, the legislation of the Russian Federation interprets marriage as a union between a woman and a man. At the same time, European countries have been allowing unions between same-sex partners since 2001.

The peculiarity of marriage relations is their perpetuity. When registering a union, it is implied that it will continue until the death of one of the spouses. However, if the husband or wife wishes, it is terminated by specialized bodies.

Conditions of conclusion

The conclusion of an alliance is possible subject to compliance certain conditions. They are established by law. Among them:

• different gender of applicants;
• voluntariness;
• age appropriate.

The legislation of the Russian Federation provides for the possibility of creating a family only for people of different sexes. Therefore, a man and a woman can apply to register a union. Marriage between persons of the same sex is impossible.

Every citizen must decide to enter into a marriage voluntarily. Coercion in this issue will lead to the possibility of invalidating the registration. Forced family registration violates human rights, namely the principle of freedom and independence.

Different countries set their own age threshold for formalizing family relationships. In Russia it is 18 years old. However, if special situations arise (pregnancy), you can enter into a union with a person upon reaching 16 years of age.

The issue of reduction has been repeatedly raised by legislators. However, the Institute of the Commissioner for Children's Rights under the President of the Russian Federation opposes such an initiative. As practice shows, citizens support the opinion of the Ombudsman on this issue.

Carrying out wedding celebrations according to the national customs of the Roma (the age of those getting married starts at 11 years), has repeatedly led to public outcry and demands to involve the guardianship authorities and the prosecutor's office in resolving the issue. Moreover, this situation is not a violation of the law, since the procedure is carried out without the participation of specialists from the civil registry office or persons authorized to register a marriage.

Not allowed

There are a number of restrictions for persons wishing to register a family. If at least one of them is present, formalization of the relationship is impossible. Let's consider the reasons that will prevent you from filing an application:

• incapacity;
• family ties;
• appeal of the substitute parent and adopted child;
• undissolved marriage.

Since incompetent citizens are deprived of the opportunity to independently exercise their rights and fulfill their duties, they also cannot apply for registration of a marriage union. Wherein judgment declaring a person incompetent is not a basis for dissolving an already established family.

The law prohibits citizens who are close relatives from entering into marriage family ties. CK contains full list persons who cannot become spouses:

A court decision on adoption equates an adopted child with a natural child. Therefore, marriages between such children and their surrogate parents are ethically prohibited.

According to the law, only a person free from an existing official marital relationship can. Therefore, re-registration is possible after the dissolution of the previous union. The legislation of other countries provides for such forms of marriage as polygyny (polygamy) or polyandry (several husbands for one wife).

Important! All of these conditions prohibit the registration of family relationships in accordance with the legislation of the Russian Federation, however, the legal norms of other countries and national customs may provide for such alliances.

Types of marriage in relation to legislation

Unlike Russia, the legislation of other states provides different kinds marriages. However, most of them will not be considered valid in our country. Conventionally, they can be divided into groups:

• depending on the legal consequences that arise;
• due to imprisonment.

According to legal consequences

These types of marriage unions are divided depending on the rights and obligations that arise between the parties. The reason for their appearance may be registration or ritual, this is not mandatory. Among them:

• official;
• actual;
• church;
• partnership.

The procedure for registering an official marriage union is established by the legislation of the Russian Federation. It is considered complete after entering information into the registration book, making marks in passports and receiving a document confirming the fact of the conclusion of the union. This is the only option for creating a family in the Russian Federation, which assumes the mutual rights and obligations of the spouses.

The actual union of a man and a woman without applying to the registry office is legally called cohabitation. Characterized by cohabitation couples, housekeeping, personal relationships between them. It is possible to have and raise children. Cohabitants cannot be adoptive parents together. However, only one of them can take custody of the child. After the termination of the relationship, the parties do not bear mutual rights and obligations.

A union concluded according to religious rules is called ecclesiastical. In Orthodoxy, the marriage ritual is a wedding. It does not bear any legal consequences. The rights and obligations arising from the ritual are of a religious nature.

Partnerships are a type of personal relationship not recognized by Russian law. IN regulations in other countries it is an intermediate option between cohabitation and a formal union.

Due to imprisonment

Types of marriage also differ in the grounds for its registration. This classification is not of a legal nature. However, reason plays an important role in concluding an alliance. Thus, we distinguish:

• Love;
• agreement;
• pregnancy;
• calculation;
• compulsion.

The Family Code establishes the conclusion of a union between a man and a woman on the basis of mutual respect and love. This is the main reason official registration relationships.

However, some national customs provide for marriage by agreement of the parties. In this case, the opinion and age of the spouses may not be taken into account. The decision is made by the families of the newlyweds. It is still practiced in some countries in South Asia, the Middle East and Asia.

A woman’s pregnancy plays an important role in the decision to register a union. The imminent arrival of a child may be a reason for cohabitants to register. In the case of sexual intercourse with a minor, the conclusion of a union is the basis for the abolition of criminal liability for the partner.

Calculation has become the reason for marriage at all times. It implies not only material interest, but also the possibility of obtaining non-property benefits, for example, citizenship. One type of such a union is. Its goal is not to create a family, but to benefit one of the spouses.

The concept of marriage implies the voluntariness of its conclusion, this is a fundamental condition for Russian legislation. However, in other countries, marriages are still practiced without taking into account the opinions of the newlyweds. Such unions have always taken place. In the past, royalty was deprived of the right to choose a spouse; the issue was decided by the parents, based on state interests.

Termination

The marriage union is considered concluded for an indefinite period. The Family Code provides a number of reasons for its termination. This list contains comprehensive information:

• death of a spouse;
• recognition of a husband or wife as deceased in court;
• dissolution of the union at the request of one or both spouses;
• divorce on the initiative of the guardian of an incapacitated citizen.

Death is all rights and obligations, including marital relations. However, the spouse of the deceased has the right to inherit, and in case of incapacity to work, to receive a survivor’s pension.

A person can only be declared dead in court, 5 years after his disappearance and the absence of information about his whereabouts. Such a court decision is the basis for the same consequences as death.

Since the union of two people must be based on the principle of voluntariness, the reason for its termination will be the desire of one of the parties. If the other spouse supports decision, then you must submit a joint application to the registry office. However, if the initiator of the divorce is only one of them, or the family has common minor children, then the issue will be resolved in court.

A third party can apply for divorce only if one of the spouses is declared incompetent. In such a situation, the guardian has the right to raise the issue if the husband or wife of the ward shirks their duties or negatively influences the spouse.

Having considered what kind of marriages there are, we can conclude that family unions cover many areas of human life. Among them are religion, law, personal relationships, birth and raising children. The reasons for his conclusion may also be different. However, each of them must be based on mutual respect between the spouses.