Legal registration of marriage is impossible when. Reference legal information. relationship with alimony

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 its terms

The word "marriage" is of ancient Russian origin. "Brachiti" 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 of spouses. In real life, it is well known, people enter into marriage for economic reasons (the so-called marriages of convenience) and for other reasons. Scientists consider the most durable marriages created by people who love each other.

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

First. Mutual 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, those marriages to which relatives have given their heartfelt consent are happy.

Second. The law requires that those wishing to enter into marriage have reached marriageable age. In Russia, for both men and women, it is 18 years. This is the age of majority. In other countries, the age of marriage 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 valid 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 entered into if at least one of the parties is already married to another. 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 recognized by the court as legally incompetent cannot enter into marriage. The procedure for registering a marriage includes the personal submission of an application by 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 not earlier than one month after the application is submitted. This period may be reduced for valid reasons or extended, but not more than up to three months.

State registration takes place in a solemn atmosphere. The presence of the bride and groom at registration is required. Under the record of marriage registration in the book of acts of civil status, the newlyweds put their signatures, and then this signature is sealed with the signature of an official of the 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, support of the state;

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

Other arguments may be given.

Marriage is not only an expression of the 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 violation of 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, with paragraph 2 of article 1 of the RF IC), a voluntary union between a man and a woman, based on monogamy, and registered with state civil registry offices (ZAGS) is recognized as official marriage. Registration of marriage is confirmed by the issuance of a "Certificate of Marriage" of the established form. Undoubtedly, it is worth noting that in the modern world the institution of marriage has completely changed - the 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 increased, the number of claims in the courts is inexorably growing. significantly reduced the number of children born in marriage. 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 in the state registry offices (ZAGS). The period determined between the submission of the application and the date of registration of the marriage union itself is 1 month. Exceptions are cases with special circumstances when marriage is required immediately on the day of application, for example, pregnancy, the birth of a child, a threat to the life of one of the parties, and more. In addition, for any good reason, the term may be extended, but not more than 1 month. Marriage involves a number of mandatory conditions, which include:

reaching the age of 18 (due to exceptional cases that have arisen, Russian law allows registration of marriage at the age of 16);
mutual consent of those entering into a marriage union;
the absence of a previously concluded marriage with future spouses (Russian law prohibits polygamous (bigamous) marriage, or polygamy (Articles 12, 14 and 27 of the RF IC);
lack of family and family ties on both sides (that is, marriage cannot be registered between brothers and sisters, relatives in a direct and descending line, as well as between adoptive parents and adopted children);
legal capacity of citizens who want to register a marriage (that is, persons recognized by the court as incapacitated 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 in state bodies);
future surnames determined by those entering into marriage;
full details of identity documents.

The application is signed by the persons wishing to marry, the date of its compilation is necessarily set.

Invalid marriage

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

marriage registration without the intention to create a family, that is, a fictitious marriage;
concealment of sexually transmitted diseases or HIV infection;
lack of consent to the marriage of one of the parties;
the presence of a previously concluded and undissolved 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 existence of any obstacles to registering a marriage has the right to retain the surname chosen at the conclusion of the marriage union. If one of the spouses conceals the fact of a previously concluded and undissolved marriage, on the basis of the rules of the Family Code of the Russian Federation, the other party has the right to demand the division of property on more favorable terms for itself. Note that the recognition of 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 a woman who have registered a marriage in the state registry offices acquire personal, property and non-property rights and obligations. The personal rights of spouses include:

voluntary election of the surname of one of the spouses as a common one, preservation of the premarital surname or election of a double surname (combining the surnames of both spouses);
freedom of decision-making 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 family life issues;
making a decision and giving consent to the adoption of a child by one of the spouses;
a decision to dissolve a marriage;
the obligation 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 on 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 while living together.

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, article 34 of the RF IC). Jointly acquired property is considered common, regardless of in whose name it was acquired.

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

Joint ownership does not imply the definition of shares, all participants jointly own and use common property, and dispose of it by common agreement. Participants in joint ownership are not entitled to alienate or donate their share without its preliminary determination. 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, give as a pledge. A different property ownership regime may be determined, the content of which includes the rights and obligations of the spouses for the maintenance of property, the procedure for maintaining family expenses. A marriage contract can be concluded not only before the registration of marriage in state bodies, 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 shall terminate simultaneously with the termination of the existence of the marriage union.

The content of the marriage contract should not contain conditions for limiting the legal capacity and violating the principles of equality of men and women who are officially married.

In addition to common property, persons who are officially married may have personal property, in particular:

property that belonged to the spouse before the registration of the marriage;
property that was received during marriage as a gift or as an inheritance;
personal items (with the exception of 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 in personal property, which can significantly increase its value, which, in turn, gives grounds for the court to recognize it as common joint property.

Example. Before marriage, one of the spouses owned an apartment, the other party invested in its full overhaul. Accordingly, this property becomes the common joint property of both spouses.

relationship with alimony

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 from paying alimony, the spouse in need of material support has the right to apply for the recovery of such to the judicial authorities. Alimony is collected from the spouse who has the necessary means for this in the following cases:

disability of the needy spouse;
pregnancy and the 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 from childhood.

Alimony is subject to monthly payment 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 marriage have the right to conduct 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. A medical genetic examination can be carried out in any state or municipal health care institution, which employs specialists who have the right to conduct such examinations. The results of the examination are a 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 the moral damage caused to the victim (Articles 151, 1099-1101 of the Civil Code of the Russian Federation). Undoubtedly, future spouses may be asked to provide them with the conclusion of a medical study, in which case, the other party has every right to refuse the examination or to inform about the results. However, in the event of deliberate concealment of one of those entering into marriage about the presence of a venereal disease or HIV infection, the other party has the right to file a claim with the court to declare the marriage invalid (Articles 15, 27-30 of the RF IC).

After the conclusion of the marriage, the rights and obligations of the spouses arise simultaneously.

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

Actual family relations without registration (cohabitation) are not protected by the state. If the 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, the wife can demand her maintenance by her husband in the presence of a minor child. When there is no marriage, the property acquired with the common money is the property of the one for whom the contract is drawn up or the right of ownership is registered. That is why when deciding whether to register a union or not, it is important to take into account the following nuances.

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

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 manage them. Ideally, spouses must be at least 18 years of age. In exceptional cases - 16 years, but only with the consent of the guardianship and guardianship authorities;
future spouses must act voluntarily when entering into marriage. There is no coercion, deceit, delusion. That is, persons agree to marriage 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 the registration of marriage.

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

In case of violation of the conditions for concluding a marriage, such a marriage can be. A conscientious spouse may also invalidate the marriage when the other is ill with a sexually transmitted disease or is HIV-infected. And he did not warn about this when entering into marriage.

Marriage, rights and obligations of spouses after registration

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

Personal rights are determined by the equality of spouses in family relations. Everyone has the right to choose his place of residence, occupation and activity. But at the same time, the issues of raising children, motherhood, and other general family issues should be resolved jointly. That is why, in the absence of consent 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 of the spouses before marriage. And personal items. Spouses independently own, use and dispose of such things. Common property includes everything that the spouses have acquired since the marriage. Possession, use and disposal of such objects of property should be carried out jointly. Even being married and not resolving its issues, it is possible to make a division of common property in court, or to determine a share in common property (.) Also, spouses have the right to conclude a marriage contract. In certain life circumstances, one of the spouses may file. And if the content of the contract significantly worsens the position of one of the parties, recognize it.

Rights and obligations of spouses in joint maintenance

Spouses are obliged to financially support each other. Upon the occurrence of the conditions enshrined in the Family Code, one of them may require its maintenance, both in marriage (), and after its dissolution (). We have posted detailed examples of claims and recommendations for their preparation on the website. A duty lawyer will help in case of difficulties, 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 giving rise to 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 spouses (Article 17 of the Code of Civil Procedure of the Russian Federation). Marriage registration takes place in the departments (bureaus) of the registration of acts of civil status of district or city, state administrations. Marriage cannot be registered by any other body. 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 the registration of a marriage.
The current legislation on marriage and the 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 rights and obligations arising from the contracted 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 the observance of the conditions of its conclusion. Only in the case of marriage registration, marital relations are singled out from many other social relations, they are given official significance. Registration makes it possible to keep a statistical record of the number of marriages, their duration, and the age composition of persons entering into marriage. Statistical data on marriages are used as the basis for planning the birth rate, which is important in the implementation of the state's demographic policy. When planning production in general and, in particular, the production of consumer goods, the location of industrial enterprises, the construction of nurseries and kindergartens, schools, accounting for the number of registered marriages is of great importance. Marriage registration is also carried out for the purpose of protecting personal and property
legal rights and interests of spouses and children born from marriage. In order to exercise these rights, in some cases it is necessary to present a marriage certificate confirming the registration of marriage.
K. came to see the judge and excitedly told the following. The husband with whom she lived for 12 years has died. They did not register marriage, but lived together. Both made good money and acquired valuable things during their life together. A contribution was made in the name of the husband, which was constantly replenished at the expense of their common funds. K. was sure that after her husband's death she would remain his sole heir. She knew that the deceased had once been married to L., had not terminated his marriage with her, but had not lived with his wife for many years. And now L. claims to receive an inheritance.
Indeed, in this case, the legal heir will be L. Actual cohabitation, as already noted, does not give rise to inheritance rights, unless a will has been left. There is also no right of common joint ownership of acquired property. True, K. in accordance with Art. 121 of the Civil Code of the Russian Federation may require the allocation of a share in the property to her, proving the investment in its acquisition of her personal funds or labor, since in this case relations of shared ownership arise.
A marriage certificate issued to confirm the conclusion of a marriage is necessary for the exercise of not only hereditary, but also other rights. Without its presentation, it is impossible to receive a pension on the occasion of the loss of the breadwinner, which was the deceased spouse; collect alimony for the spouse and children born from marriage, etc.