What is marriage: definition of types and forms of marriage

Definition

The relationship between a man and a woman, which is officially registered in the registry office, is marriage. The definition of the concept is contained in many sources of family law. Marriage is to create a family and raise children together. Gives rise to the rights and obligations of spouses. No one can enter into a new marriage while he is in an official relationship with another person, and also if one of the citizens is against it. The RF IC defines the age at which people can enter into marriage. This is 18 years old. However, for various reasons it can be reduced to sixteen, and in some cases even to 14 years.

Marriage as a legal state. Procedure, conditions, meaning of state registration of marriage.

Marriage can be defined as a legally formalized voluntary and equal union of a man and a woman, aimed at creating a family and generating personal and property rights and obligations for spouses.

The legal characteristics of marriage are its characteristic features reflected in the law. These include the following:

- marriage can only be concluded between a man and a woman;

- to enter into a marriage, there must be a free voluntary expression of will of the persons entering into marriage;

- marriage is an equal union;

— the marriage must be legally formalized: registered with the civil registry office;

— the purpose of marriage is to create a family, otherwise the marriage is declared invalid;

— registration of marriage, along with other legal facts, entails the emergence of mutual personal and property rights and obligations of the spouses.

. State registration of marriage is state recognition of the union of a man and a woman in the registry office through the preparation of an appropriate entry in the civil status act, on the basis of which a marriage certificate is issued. State registration of marriage: is the only form of marriage recognized by the state. Marriages concluded in another way (according to religious, national or other rituals): are not recognized by the state; have no legal significance; do not give rise to legal consequences.

State registration of marriage is carried out by the civil registry office (registry office). The registry office bodies perform the following functions: monitor compliance with the procedure and conditions for concluding marriage; register the emergence of a union between spouses based on their need to create a family; organize records of marriages.

Article 12 of the RF IC provides for two mandatory conditions for concluding a marriage: to enter into a marriage, the mutual voluntary consent of the man and woman entering into marriage and their attainment of marriageable age are required.

The consent of a person to enter into marriage presupposes his free, conscious expression of will to enter into an alliance with a specific person, the intention to create a family with him, and to acquire the rights and obligations of a spouse. The minimum age for marriage is 18 years old, established by Art. 13 of the RF IC for both men and women, since it is from the age of 18 that a citizen acquires full civil capacity, that is, the ability, through his actions, to acquire and exercise civil and other rights, including marriage, to create for himself civil duties and fulfill them (Article 21 of the Civil Code of the Russian Federation). An important factor is that by the age of 18, the physical condition of the future spouses reaches the required development, which is of great importance for the birth and upbringing of healthy offspring. There is no age limit for marriage.

As before, the legislator allows for the possibility of lowering the marriageable age of those entering into marriage. However, a novelty of the RF IC is that local authorities can reduce the age of marriage of future spouses to 16 years, and in the presence of special circumstances, even less.

Currently, the minimum age when, under special circumstances, it is possible to obtain permission to marry, in the laws of the Rostov, Moscow, Vologda, Vladimir, Samara, Kaluga regions is set at 14 years; Tver, Murmansk and Ryazan - at 15 years old.

Marriage registration is carried out in any registry office in the territory of the Russian Federation at the choice of the persons entering into marriage. The basis for marriage is a joint application of the persons entering into marriage, which is submitted to the registry office. In this case, a day is set for the marriage registration ceremony. If anyone entering into marriage is unable to appear at the registry office to submit an application, the basis for marriage will be the submission of separate applications by one of the persons entering into marriage, and the signature of the absent applicant must be notarized. Marriage registration is carried out only in the personal presence of the persons entering into marriage, i.e. registration of marriage in the absence of one of the parties is unacceptable. Marriage is concluded after a month from the date of submission of the application to the registry office by the persons entering into marriage. Establishing a monthly period for registering a marriage has the following goals: to give those entering into marriage a certain time to check the seriousness of their intentions to become husband and wife; provide an opportunity for any interested persons to declare the presence of obstacles to registering a marriage between specific persons; give time to the registry office to verify the accuracy of the applicants’ information.

The registry office has the right, if there are valid reasons: to reduce the established monthly period for marriage; increase it, but not more than a month.

The following circumstances may be considered valid reasons for shortening the period: pregnancy of the bride; birth of a child; the groom's conscription for military service; urgent departure on a business trip and any similar reasons.

The grounds for reducing the monthly period for marriage are: a joint application of the persons getting married themselves; documents confirming the existence of extenuating circumstances; certificates from medical institutions about pregnancy, birth of a child, illness, etc.; travel certificate; summons for military service, etc.

Good reasons for extending the term of marriage may include: the person entering into marriage being hospitalized due to a serious illness; going on a business trip; need to check for obstacle messages

for marriage and other circumstances. If the registry office increases the established period from the date of filing the application to the day of state registration, no more than 2 months should pass. The marriage is registered. on a predetermined day; in the premises of the registry office; in a solemn atmosphere;

• by making a record in the registry office about the entry into marriage of persons and a solemn farewell message. After the marriage ceremony is completed, the spouses are given a marriage certificate. During state registration of marriage, spouses are given the right to choose a surname: • common surname: husband’s surname (most often); wife's surname (much less often); a double surname consisting of the surnames of the husband and wife, written with a hyphen, provided that the surname should not contain more than two elements; premarital surname of each spouse.

“Future spouses have the right to go to court if the registry office refuses: state registration of marriage; in reducing or increasing the waiting period for state registration of marriage if there are valid reasons; from the state registration of marriage on the day of filing the application in the presence of special circumstances.

8. Divorce in the registry office and in court. The moment of termination of marriage upon its dissolution .

A marriage can be dissolved by spouses in the registry office or in court. However, the form of divorce does not depend on the will of the spouses, but is determined by law. The law establishes under what circumstances a marriage can be dissolved by the registry office or in court. The main criterion is whether the spouses have common minor children.

Conditions

So, in order to get married, the definition of which we gave above, you must comply with all the requirements established by the UK. The main conditions here are:

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

Otherwise, it will be impossible to conclude a formal alliance. Family relationships registered in the registry office are marriage. The definition of the concept is perceived at the everyday level. Marriage is considered a free will between two people, based on mutual respect and love. It is meant to create a new unit of society and have children. Otherwise, the union may be considered fictitious.

Order

What is marriage? The definition of an act being performed is interpreted as follows: it can only be concluded in the presence of a man and a woman who have decided to formalize their relationship. At least a month must pass from the date of application. This period can be increased or decreased if necessary due to life circumstances (pregnancy or life threat). In this case, the union can be concluded on the day when the application was submitted. Also, if for certain reasons people are denied marriage registration at the registry office, they can go to court.

Why do we need “legal marriage”?

A letter has arrived from a thoughtful reader, he asks when and how to resolve the issue of registering a relationship with his beloved girl.

The situation is that today they live together, and everything seems to be fine. However, the girl, for her part, dreams of a wedding. And the young man is not sure that the time has come to formalize the relationship... What to do?

Marriage and love are not the same thing at all, and we must separate these two concepts.

You can live in a marriage with an unloved person and suffer from it (or even not suffer, just resign yourself). You can love each other for many years, remaining formally free people. There is no universal recipe for what to do in this or that case.

If two people have found each other and see themselves surrounded by lovely children, yes, they should get married.

If two or one of two is not yet ready for more serious steps (children, purchasing a home), then there is no point in getting married. For what ?

Always, with any life choice, you must have a clear answer to the question: “Why do I need this?”

I want to emphasize that personal life, as well as career and other aspects of life, should not go by chance. There should always be a vision of the future: what are you striving for?

In this case, we are talking about personal relationships, therefore the vision of the future, at least in general terms, should be the same for both partners. And this can only be found out through open, honest communication.

The two have found each other, they are happy together now, there are no plans to have children in the near future, but one of them (usually a girl) is increasingly talking about marriage. A decision must be made so that the contradiction does not develop into a conflict.

If people have known each other for a short time, then it is quite reasonable to give yourself time (a specific period) to “get to know each other better.” But if this period drags on for years, this often indicates mutual distrust.

Marriage is the official, legalized status of your relationship. And only you yourself can evaluate the essence of your relationship.

On the other hand, marriage is not something alien to love. (Although, very often this happens, but we strive for something else, right?) Mutual love and the desire to build a life together leads to the desire to enter into an official marriage.

WHAT SOFTWARE

Kinds

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

• Registered is a union of a man and a woman who have signed a formal document and are legally considered spouses.
• Church - carried out through a wedding ceremony; Currently, marriage is not recognized in many states, so the ceremony is carried out only after registration in the registry office.
• Cohabitation, or concubinage, is a union of two people who live together, but are not considered husband and wife.

Civil marriage - pros and cons. Rights of a family living in a civil marriage

We increasingly encounter the concept of “civil marriage” in modern society.

It inherits the European form of relationships and is interpreted as the cohabitation of people of different sexes in the same living space, built on love and an oral agreement.

Psychologists pay a lot of attention to this type of marriage, proving and disputing its advantages and disadvantages. What are the pros and cons of civil marriage? Is it good or bad to live in a civil marriage?

Most women living in a civil marriage believe that they are married. Men who have such relationships consider themselves single. Here is how the opinions of men and women are divided on this issue.

Men want to remain free longer, without burdening themselves with marriage. While women prefer stability and social security.

What are the pros and cons of civil marriage expressed by each side?

Arguments FOR civil marriage

There are many advantages to this type of relationship:

1. Living together allows you to “get used to” and get to know each other. After all, during the candy-bouquet period of meetings, each of the couple wants to please their partner, demonstrating only their advantages and hiding their shortcomings.
2. Negative aspects of personality begin to emerge during the period of living together. And your loved one may not live up to your expectations. Having lived a little in a civil marriage, you will be able to get to know your chosen one better and decide whether it’s worth committing your life to him or whether it’s better to break up.
3. Many couples delay deciding what to do next, getting stuck in such a marriage. Psychologists have calculated that the “critical age” of a civil marriage is four years. After this time, something must be decided.
4. Many young people believe that their love is stronger if they remain outside of marriage. Their relationship is equal and free. That is, they are together out of love, and not because they are united by everyday life, children and other reasons that connect married people. You can leave at any time without wasting time on paperwork.
5. If the relationship fails, the advantage of marriage without marriage is that you do not have to divide property between each other, experiencing additional stress and disappointment.
6. Some couples save their budget this way, not wanting to spend money on a celebration, but investing it in more practical things.

Arguments AGAINST civil marriage

Along with the advantages, there are also disadvantages of cohabitation without a stamp in the passport:

• All girls want to wear a wedding dress and have official status. But if the young man is not going to propose in the foreseeable future, the girl continues to live in illusions, having this kind of marriage. This gives rise to scandals, both at the everyday and sexual level, and the girl’s lack of self-confidence.
• Parents and older generations, brought up on the moral principles of the Soviet period, may condemn such relationships and not even accept them. The result is conflicts and disagreements with loved ones.
• In a legal marriage, both the woman and the man feel more confident. This is especially true for representatives of the stronger sex. An official husband, as a rule, develops a sense of responsibility for his wife and family only when a stamp appears in his passport.

• If you have children, if the relationship breaks up, it will be easier to obtain alimony from a man while you are legally married. A civil marriage does not impose any obligations on him, and the procedure for obtaining alimony will require more time and effort.
• A man who hesitates for a long time to propose to his beloved is not sure that he wants to live his whole life with her. In most cases, he is still looking closely at his partner and is in search.
• Being in such a marriage for a long time, the relationship becomes obsolete, and people become uninterested in being together. There comes a time when further development and transition to a new stage is required.

This video explains more about civil marriage:

Joint property

A civil marriage is a marriage in name only. It is not legally secured by anything. In most cases, partners believe that it will end in marriage and there will be nothing to share between them.

This is simply cohabitation, and the division of property cannot be made even if it was all acquired by both partners.

The law and the Family Code do not provide for such a division if it is registered in the name of one of the cohabitants.

You should act wisely when living in such a marriage, and not register all the property in the name of one of the cohabitants. Because in the event of a division, everything will go to the person to whom it is registered.

And yet, in judicial practice there is a way that allows the division of jointly acquired property between two parties, even if the woman is a housewife. To do this, a statement of claim is drawn up, which requires:

• describe in detail everything about living together and running a joint household;
• indicate the relevant documents and persons who can confirm the fact of purchasing particularly valuable items when you lived together;
• indicate the property that you consider to be jointly acquired, the persons and documents confirming this.

The procedure will take several months, but can lead to positive results, and you will sue your former partner for your share.

Termination

In life, it often happens that people who once upon a time loved each other very much and started a family suddenly grow cold or start relationships on the side. In this case, the other half cannot come to its senses and decides to break off the relationship. But if there are children in the family, then the termination of the marriage will be possible only by going to court. Unless, of course, the other spouse is imprisoned for a period of more than three years, because in such a situation the presence of children is not an obstacle to divorce in the registry office.

Also, if the issue of raising children and paying alimony has already been resolved and there are no disputes, then the spouse who wants to end the marital relationship can apply to the magistrate’s court. There, such cases are considered within a month. The court also has the right to give the spouses a period of up to three months for reconciliation. And if this does not happen, the marriage will be dissolved.

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

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

Marriage and family as concepts are inextricably linked, therefore, when the integrity of the first is violated, the second begins to collapse. Nevertheless, people should try to strengthen their relationships and save their families. After all, they got married in order to be together and love each other.

Marriage for a girl

Even in ancient times, marriage and family, caring for a husband and children were considered the main goals of life for every representative of the fair half of humanity. Already from infancy, parents prepared their daughters for a “ringed” life, trying to become related to richer and more noble people. A profitable match was perceived as a ticket to a happy future. As for the personal feelings and emotions of the newlyweds themselves, no one took them into account.

In our time, the barbaric custom of forcing a daughter into marriage has sunk into oblivion. Now girls have every right to choose their own husband. Often, in pursuit of a family idyll, they focus on love and sympathy. The main thing remains feelings for the chosen one: if they exist, then for any woman this is a guarantee of harmony, stability, and comfort. In addition, many young ladies almost from birth dream of their own children. This is also the main reason for many weddings. For them, the ceremony at the registry office is precisely the foundation on which the marriage rests. The surname taken from the husband and the seal on the document are ironclad guarantees of strong, long-lasting relationships, material support for the woman herself and the children born in the common union.

Not allowed

Marriage in the Family Code of the Russian Federation is recognized as a union of husband and wife, which is protected by the state and gives spouses equal rights and responsibilities. However, if several standards determined by the Investigative Committee are not met, it will not be registered. These conditions are as follows:

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

In the presence of the above circumstances, registration of marriage is unacceptable. Otherwise it will be declared illegal.

The concept of marriage as an institution of family law

The property issue usually arises before spouses during a divorce or in the event of the death of one of them. But you need to know that, in accordance with the Family Code (Chapter 8, Article 40), young people getting married can draw up an agreement in which the rights of the spouses to own all types of property at the time of marriage registration and to those acquired during their life together are divided.

Agreement, yes. But at the same time, it is worth understanding that there are situations when one of the parties to a marriage contract may pursue his own personal goals and is not going to disclose these goals. Read about the reasons for getting married here.

A contractual basis or a marriage contract is a very convenient form to protect yourself from a marriage of convenience, or to ensure, in the event of a divorce, the return of your precious chair inherited from your grandmother. In fact, under the guidance of a competent lawyer, you can draw up a prenuptial agreement that will indicate exactly who the owner of the apartment is, who will have the diamonds in the safe, and which car can be cut in half in the event of a divorce.

The property agreement upon marriage was initially introduced after the collapse of the USSR in paragraph 1 of Art. 256 of the Civil Code of the Russian Federation, and then in 1996 legalized by family law. The law gave citizens more rights and freedoms to dispose of their property than was the case in the Soviet Union, and the reason for the innovation was the transition to a market economy modeled on Western countries.

You can, of course, live a wonderful life without any contracts. But often, blinded by ardent love, young people do not notice their partner’s shortcomings, and when love ends and divorce and division of property begins, then the “charming” character traits of the spouse emerge, and you can literally be left without pants.

Property disputes

All things that were purchased by spouses during the marriage are considered their joint property. This rule does not apply only to clothing and shoes. Nevertheless, in practice there are cases when husbands during a divorce ask their wives to return gifted jewelry or expensive items, because the latter are luxury items (for example, a mink coat). Upon divorce, all real estate is divided between the spouses in equal shares. In addition, if the apartment was purchased by one of the spouses before the conclusion of the union, but the second one made major repairs there (replaced pipes and plumbing, carried out production and other technical work), then the court may recognize such housing as joint property.

Marriage: civil or official?

Wedding portal Articles Family life Family relationships

Today, the so-called civil marriage is very popular in the world - the cohabitation of two people. The official wedding ceremony is becoming a thing of the past.

But what to do? What to prefer: civil or official marriage? People often doubt, and therefore our website www.svadebka.ws will consider all the advantages and disadvantages of both types of marriages, and the choice will be yours.

Benefits of civil marriage

No matter how many people say that there is nothing positive in a civil marriage, the experience of many couples shows that an informal marriage still has its advantages:

1. Living together before marriage will help you get to know the character, habits, and everyday behavior of your partner. After all, the problem for many couples is precisely that the once romantic relationship is shattered into pieces by everyday life. To prevent this from happening already in a legal marriage, you need to check your compatibility in everyday life in practice.
2. You will save a decent amount of money that you would have spent on the wedding ceremony. This is very important for young couples who do not have a stable income.
3. Each partner in a civil marriage has personal freedom, primarily legal freedom. If you decide to separate, there will be no court visits or division of property. The property that was acquired while living together belongs to the person to whom it is legally registered.

Today, those who decide not to register their relationship in the registry office will not be condemned by public opinion. But still, there are opponents of civil marriage who see some shortcomings in it:

1. Civil marriage is considered illegal and therefore immoral. There are still people in Russia who think this way. However, in many European countries, civil marriage is perceived very calmly.
2. Simple cohabitation does not give partners any legal rights or guarantees for the future. Many people believe that if there is no stamp in the passport, then you can behave as freely as before cohabitation. And at any moment one of the partners will be able to interrupt such an alliance.
3. If you have a child, then you will face additional paperwork. The child will not automatically be registered as his biological father. This will require proof of paternity and the consent of both parents.
4. As practice shows, cohabitation of two people rarely ends in legal marriage. This situation is very common when people decide to live together and get to know each other better. But if two people have established a common life together and have gotten used to each other, then, as a rule, they do not think about registering a marriage. As they say, why these formalities if everything is fine.

Advantages of official marriage

The advantages of official marriage are more than obvious. Here are just a few of them:

1. Property that has been acquired over the years of marriage is divided in half between the spouses. It doesn't matter who it's registered to. But if a marriage contract has been drawn up, where everything is described in detail, then the property is divided according to this document.
2. If you end up in the hospital, only close relatives - parents or spouse - can be allowed to see you.
3. The wife is the first heir to the husband's property. But if another heir is specified in the will, then the wife has no right to the property.
4. If the issue of submitting documents to the queue for an apartment is being decided, then being officially married, the spouses have a better chance of receiving living space.