“Family Law Norms” - Marriage. Conditions and procedure for marriage. Legal regime of marital property. Jointly acquired property. Family law. Meaning. Citizen Kryukova. Spouses. Conditions for the invalidity of marriage. Contractual regime of spouses' property. Ugliness. Principles of family law. Signs of marriage. System of legal norms.

"Family Law Test" - Circumstance. The right to choose a place of residence. The right to own property. Test tasks. Family property. Property relations. Parents. Submitting applications. Spouses. Marriage. Submitting marriage applications by mail. Marriage age. Confiscation of property. Luxury items. Family law.

"Family Code" - Adoptive parents and adopted children. Circumstances preventing marriage. Selective attraction to the opposite sex. Time to love, then start a family and have children. Correct text. Ancient. Property of each spouse. Types of temperament. Contents of the marriage contract. Joint property of spouses.

“Basic concepts of family law” - The actual union of a man and a woman. Protection parental rights. Death of one of the spouses. The invalidity of a marriage can be recognized by a court. Family. The marriage is concluded with a person who is in another registered marriage. Family law in Russian Federation. Family law. Institute of marriage.

“Family legal relations” - Features of the method of family legal regulation. Rights and obligations of spouses. Types of prohibitions. Application of civil legislation to family relations. Protection of family rights. The concept of legal facts. Classification of legal facts by duration of existence. Structure of family legal relations.

“Civil family law” - Divorce. Rights and responsibilities of children. Family law. Parents. Legal connection between family members. Goals and objectives of the lesson. Getting married. Responsibilities of spouses. Rights of spouses. Conclusions. Circumstances preventing marriage.

There are 10 presentations in total

Marriage is not only an expression of a platonic relationship 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, clause 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 state registration authorities civil status(MARRIAGE REGISTRY). 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 decreased significantly. 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 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 the submission of the application and the registration date itself 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 include:

  • 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 declared incompetent by a court as a result of dementia or psychological disorders cannot enter into marriage).

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 of those entering into 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 real estate;
  • 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 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.

Let us 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 by common consent. 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 must be 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.

In addition to common property, legally married persons 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 its recognition by the court as common property. 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 subject to monthly payment in a certain amount monetary amount. 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 the conclusion of a medical examination, in which case the other party has every right to refuse the examination or to inform them of 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).

Currently, young people are in no hurry to get married. Using social science knowledge and social experience, give any two arguments convincing of the need for legal registration of marriage.


Marriage and conditions for its conclusion

The word “marriage” is of ancient Russian origin. "Braciti" means "to marry." The legal meaning of the term "marriage" has a different meaning. According to family law, marriage is a voluntary union of a man and a woman, the purpose of which is to create a family.

Marriage should be based on mutual feelings, respect and friendship between the spouses. IN real life, it is well known that people marry for economic reasons (so-called marriages of convenience) and for other reasons. Scientists believe that the strongest marriages are those created loving friend friend people.

However, even the strongest affection is not enough for a marriage to be registered. The law requires compliance with the mandatory conditions and procedures for marriage.

First. Mutual voluntary consent of a man and a woman to marry. Unlike pre-revolutionary Russia, where the blessing of parents was mandatory, today the consent of third parties is not required. However, practice shows that, as a rule, happy marriages are those to which loved ones have given their heartfelt consent.

Second. The law requires those wishing to marry to be of marriageable age. In Russia, for both men and women it is 18 years old. This is the age of majority. In other countries marriageable age may be different. For example, in England - for women and men - 16 years, in France - 15 years for women and 18 years for men. According to the Family Code of the Russian Federation, if there are good reasons, by decision of local authorities, the age of marriage can be reduced by no more than two years (up to 16 years).

Third. A marriage cannot be concluded if at least one of the parties is already in another marriage. In our country there is a principle of monogamy.

Fourth. Marriage is not allowed between close relatives in a direct ascending and descending line, as well as between full-blooded (common father or mother) brothers and sisters.

Fifth. Persons declared legally incompetent by a court cannot marry. The procedure for registering a marriage includes the personal submission of an application by the future spouses to the district (city) registry office at the place of residence of one of them. The registry office determines the day of marriage registration no earlier than one month after filing the application. This period may be reduced for valid reasons or increased, but not more than three months.

State registration takes place in a solemn atmosphere. The presence of the bride and groom at registration is mandatory. The newlyweds put their signatures under the marriage registration entry in the civil register, and then this signature is sealed with a signature official Registry office. Spouses are issued a marriage certificate.

(A.F. Nikitin)

Explanation.

The following arguments (explanations) can be given:

1) registration of a legal marriage indicates the firmness of intentions to start a family and the voluntarily assumed responsibility for the members of one’s family;

2) legal marriage guarantees a woman and her children born in marriage the rights and protection and support of the state;

3) legal marriage entails legal liability of family members (property and non-property).

Other arguments may be given.

After marriage has taken place, the rights and obligations of the spouses arise simultaneously.

But only if the man and woman have officially registered their union with the registry office. And only then.

The state does not protect actual family relationships without registration (cohabitation). If persons have not registered their marriage, there are no family rights and obligations. This means that they cannot be defended in court. Only if the marriage is registered, a wife can demand her maintenance from her husband in the presence of a young child. When there is no marriage, the property purchased with common money is the property of the person for whom the contract is drawn up or the ownership is registered. That is why, when deciding whether to register a union or not, it is important to take into account the nuances outlined below.

Conditions under which marriage is possible, rights and obligations of spouses in case of violation of the marriage registration procedure

To get married, a number of conditions must be met:

  • be fully capable from the point of view of the Civil Code of the Russian Federation. That is, both spouses understand their actions and control them. Ideally, spouses should be 18 years old. In exceptional cases - 16 years, but only with the consent of the guardianship and trusteeship authorities;
  • future spouses must act voluntarily when entering into marriage. There is no coercion, deception, or delusion. That is, persons agree to marry and want to start a family;
  • applying to the registry office with an application for marriage and the expiration of 1 month from the date of its submission;
  • personal presence at marriage registration.

In addition, consanguinity is not allowed: marriage between adoptive parents and adopted children is prohibited. You cannot enter into a union with a person who is already in a registered marriage and has not dissolved it. Or when one of the spouses is incapacitated ().

If the conditions of marriage are violated, such a marriage may occur. A conscientious spouse may admit invalid marriage and when the other has a sexually transmitted disease or is HIV-positive. And he didn’t warn about this when he got married.

Marriage, rights and obligations of spouses after registration

From the date of marriage registration, spouses acquire new rights and obligations towards each other. They arise simultaneously with marriage and are associated with the creation of a new unit of society.

Personal rights are conditioned by the equality of spouses in family relationships. Everyone has the right to choose their place of residence, occupation and activity. But at the same time, issues of raising children, motherhood, and other general family issues should be resolved jointly. That is why, in the absence of agreement in the family, a number of such issues can be resolved in court:, etc.

The property rights of spouses after marriage depend on how they regulate. Personal property includes everything that belonged to each spouse before marriage. And personal items. Spouses independently own, use and dispose of such things. Community property includes everything that spouses have acquired since marriage. Possession, use and disposal of such property must be carried out jointly. Even while being married and not resolving its issues, you can make a judicial division of common property, or determine a share in common property (.) Also, spouses have the right to conclude marriage contract. In certain life circumstances, one of the spouses may file. And if the content of the agreement significantly worsens the position of one of the parties, recognize it.

Rights and obligations of spouses regarding joint maintenance

Spouses are obliged to financially support each other. When the conditions established by the Family Code occur, one of them may demand his own maintenance, both during marriage () and after its dissolution (). We have posted detailed examples of claims and recommendations for drafting them on the website. And the lawyer on duty will help if difficulties arise, including on the issue of marriage, the rights and obligations of spouses.

Marriage is a legally formalized free and voluntary union of a woman and a man, aimed at creating a family and generating mutual rights and obligations. It is based on a feeling of love, true friendship and respect - the moral principles of building a family in our society.

In accordance with the law, only a marriage registered in the prescribed manner gives rise to the rights and obligations of the spouses (Article 17 of the Code of Laws of the Russian Federation). Marriage registration takes place in the departments (bureaus) of civil registration of district, city, state. administrations. The marriage cannot be registered by any other authority. Otherwise, it does not give rise to the rights and obligations associated by law with the emergence of marriage. Believers sometimes consider it necessary for themselves to perform a religious ceremony of marriage. However, it must be borne in mind that such a rite, as well as other religious rites (baptism, etc.), has no legal significance. A church wedding cannot replace marriage registration.

The current legislation on marriage and family does not link the actual cohabitation of a man and a woman with legal consequences. Regardless of the duration of this cohabitation, it does not give rise to the rights and obligations arising from a marriage.

Both the state and society, as well as citizens, are interested in registering a marriage. Being an act of state recognition, marriage registration ensures strict compliance with the conditions of its conclusion.

Only in the case of marriage registration are marital relations distinguished from many other social relations and given official significance. Registration makes it possible to keep statistical records of the number of marriages, their duration, and the age composition of persons entering into marriage. Statistical data on marriages is used as the basis for fertility planning, which is important in the implementation of demographic policy by the state. When planning production in general and, in particular, the production of consumer goods, the location of production enterprises, the construction of nurseries and kindergartens, and schools, taking into account the number of registered marriages is of great importance. Marriage registration is also carried out for the purpose of protecting the personal and property rights and interests of spouses and children born from marriage. To exercise these rights, in some cases it is necessary to present a marriage certificate confirming the registration of the marriage.

A marriage certificate issued to confirm marriage is necessary for the exercise of not only inheritance, but also other rights. Without its presentation, it is impossible to receive a pension in the event of the loss of a breadwinner, which was the deceased spouse; collect alimony for the spouse and children born from the marriage, etc.

Registration of a marriage cements in the minds of the spouses and everyone around them the idea of ​​the strength of the resulting marriage union, since such a union is taken under the protection of the state. Registration promotes a greater sense of responsibility to the family.