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Rights and obligations of the wife family code. Office of civil registration. Forms of placement in a family of children left without parental care

Article 31. Equality of spouses in the family

1. Each of the spouses is free to choose an occupation, profession, place of stay and residence.

2. Matters of motherhood, fatherhood, upbringing, education of children and other issues of family life are resolved by spouses jointly based on the principle of equality of spouses.

3. Spouses are obliged to build their relations 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 welfare and development of their children.

Article 32. Right of spouses to choose their surname

1. The spouses, at their discretion, choose the surname of one of them as a common surname at the time of marriage, or each of the spouses retains his premarital surname, or, unless otherwise provided by the laws of the constituent entities of the Russian Federation, adds the surname of the other spouse to his surname.

The combination of surnames is not allowed if the premarital surname of at least one of the spouses is double.

2. Change of surname by one of the spouses does not entail change of surname of the other spouse.

3. In case dissolution of marriage spouses have the right to keep their common surname or to restore their premarital surnames.

Discussion

I need a "family code of the Russian Federation" where you can download it in full.

02/19/2004 16:41:38, TOSHA

Comment on the article "Family Code.
Chapter 6. Personal rights and obligations of spouses "

A family and divorce lawyer in Kiev will help you successfully solve a legal issue that you have! The lawyer's many years of experience allows us to solve the following issues: - Divorce (divorce); - Division of property jointly acquired in court; - Invalidity of marriage; - Personal rights and obligations of spouses; - Deprivation of parental rights; - Establishing paternity; - The rights and obligations of parents, and other services of a lawyer in Kiev!

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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 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, with clause 2 of Art. 1 of the RF IC), an official marriage is a voluntary union between a man and a woman, based on monogamy, and registered with state civil registry offices (Civil Registry Office). The marriage registration is confirmed by the issuance of a “Marriage Certificate” 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, an increase in the permissible age of marriage, in the courts the number of lawsuits is inexorably growing. the number of children born in wedlock has dropped 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 was officially registered, today the so-called civil marriage is considered the norm.

Conditions and procedure for contraction of marriage

The conclusion of a marriage in Russia takes place in the state bodies of the registration of acts of civil status (REGISTRY OFFICE). The period determined between the submission of 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 submission of the application, for example, pregnancy, childbirth, a threat to the life of one of the parties, and more. In addition, the named, for any good reason, the period may be increased, but not more than 1 month. Getting married involves a number of prerequisites, which include:

  • reaching the age of 18 (due to exceptional cases that have arisen, Russian legislation allows marriage to be registered at the age of 16);
  • mutual consent of those entering into a marriage union;
  • the absence of a previously concluded marriage among future spouses (Russian legislation prohibits polygamous (bigam) marriage, or polygamy (Articles 12, 14 and 27 of the RF IC);
  • lack of family and family ties on both sides (that is, a marriage cannot be registered between brothers and sisters, relatives in the 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 incompetent 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 a marriage;
  • the absence of any circumstances that may prevent marriage;
  • full names of the parties to the marriage, their dates and place of birth, citizenship and place of residence;
  • the age of the persons entering into marriage (full years at the time of registration of the marriage with the state authorities);
  • future surnames as determined by the marrying parties;
  • complete details of identity documents.
The application is signed with their own hands by persons wishing to marry, the date of its compilation must be set.

Invalid marriage

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

  1. registration of marriage without the intention to start a family, that is, a fictitious marriage;
  2. concealment of sexually transmitted diseases or HIV infection;
  3. lack of consent to marry one of the parties;
  4. the presence of a previously concluded and unbroken 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 that there were 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 unbroken marriage, on the basis of 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. Note that the invalidation of a marriage does not in any way affect the rights of children who are born in this marriage union.

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 their marriage with state civil registry offices acquire personal, property and non-property rights and obligations. The personal rights of spouses include:

  • voluntary selection of the surname of one of the spouses as a common one, preservation of the premarital surname or selection of a double surname (combination of the surnames of both spouses);
  • freedom of decision making with regard to 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 of family life;
  • making a decision and giving consent for the adoption of a child by one of the spouses;
  • the decision to dissolve the marriage;
  • the obligation not to interfere with the choice of a 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 implies 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 common, regardless of the name 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 the common property, and dispose of it by common agreement. Participants in joint ownership shall not have the right to alienate or donate their share without prior determination. Only after the allocation of their share, the common joint property is transferred to the common shared property, where each participant acquires the right to independently dispose of his share of the property: to give it as a gift, transfer it to other persons, and give it as a pledge. Another regime of property ownership may determine the content of which includes the rights and obligations of spouses to maintain property, the procedure for managing family expenses. A marriage contract can be concluded not only before the registration of the marriage with state authorities, but also at any time during the period of 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 marriage contract terminates simultaneously with the termination of the marriage union.

The content of the marriage contract should not contain conditions for limiting legal capacity and violating the principles of equality of men and women in an official marriage.

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 (excluding 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 affect the increase in its value, which, in turn, gives rise to the recognition of it by the court as common joint property.

Example. Before marriage, one of the spouses owned an apartment, the other side made an investment in its full 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 is legal in nature. In the event of evasion from the payment of alimony, a spouse in need of material support has the right to apply for the collection of such to the judicial authorities. Alimony is collected from the spouse, who has the necessary funds for this in the following cases:

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

Alimony is payable on a monthly basis 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 marriage relationship have the right to conduct a medical and 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 the spouses. 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 moral damage to the victim (Articles 151, 1099-1101 of the Civil Code of the Russian Federation). Undoubtedly, the future spouses may ask to provide them with the conclusion of the medical research, in which case, the other party has every right to refuse the examination or inform about the results obtained. However, in the event of deliberate concealment of one of the spouses about the presence of a sexually transmitted 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).

In accordance with paragraph 2 of Article 10 of the Family Code of the Russian Federation, the rights and obligations of spouses arise from the date of state registration of marriage in the registry office and are divided into personal rights and obligations of spouses and property rights and obligations of spouses.

Personal rights and obligations of spouses

Chapter six of the Family Code establishes the personal rights and obligations of spouses. Please note that the personal rights and obligations of spouses are not economic (material) in nature.

Article 31 of the Family Code of the Russian Federation enshrines the equality of spouses in the family, which implies:

The right of every spouse to free choice of occupation, profession, place of stay and residence. All important issues for the family are resolved only by the spouses on the basis of a voluntary expression of will and the principle of equality of spouses in the family, any outside interference is unacceptable.

Joint solution by spouses of questions of motherhood, fatherhood, upbringing and education of children and other issues of family life.

The duty of spouses to build their 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 their children.

Article 32 of the Family Code of the Russian Federation establishes the right of spouses to choose a surname, which implies:

At their discretion, spouses choose the surname of one of them as a common surname at the time of marriage, or each of the spouses retains his premarital surname, or, unless otherwise provided by the laws of the constituent entities of the Russian Federation, adds the surname of the other spouse to his surname. The combination of surnames is not allowed if the premarital surname of at least one of the spouses is double.

A change of surname by one of the spouses does not entail a change in the surname of the other spouse.

In the event of divorce, the spouses have the right to keep their common surname or restore their premarital surnames.

Property rights and obligations of spouses

In accordance with the norms of family law of the Russian Federation, property rights and obligations of spouses are divided into relations regarding:

Spousal property (property acquired by spouses during marriage);

Mutual material content (alimony obligations).

The legislation of the Russian Federation provides for two types of property regime of spouses

The legal regime of the spouses' property.

This is a regime of joint property of spouses. Possession, use and disposal of property acquired during marriage, and division upon divorce is carried out according to the rules provided for by chapter seven of the Family Code of the Russian Federation.

The contractual regime of the spouses' property.

The property rights and obligations of spouses during marriage and (or) its dissolution are determined by the agreement of the spouses in the marriage contract, in which they have the right to deviate from the legal regime of the spouses' property.

3. Forms of placement in a family of children left without parental care

a) adoption

Adoption (adoption) is the adoption for upbringing of children who have lost parental care, with the establishment between the adopted child and the adoptive parent of legal (personal and property) relations that exist between parents and children.

Under Russian law, adoption is allowed only for minor children. Adoption is carried out by the court at the request of persons wishing to adopt a child, in a special procedure according to the rules of civil procedural legislation.

Adoption procedure children (procedures, lists of documents and deadlines) was established by Decree of the Government of the Russian Federation No. 275 of March 29, 2000 "Rules for the transfer of children for adoption and control over their living conditions and upbringing in adoptive families on the territory of the Russian Federation."

The main stages of the adoption procedure for Russian citizens are:

Contacting the guardianship authorities at the place of residence and getting to know the employees responsible for working with adoptive parents.

Passing medical examinations, collecting certificates and preparing the necessary package of documents.

Submission of the collected package of documents to the guardianship authorities, consideration of documents by a guardianship specialist, survey of living conditions and execution of the act of this survey.

Obtaining an opinion on the possibility of being an adoptive parent.

Search for a child. Obtaining a referral to meet the child (s). If there are no childcare facilities at the place of their own residence or it was not possible to find a child, then an appeal to any other guardianship authority or to the regional operator of the data bank about children left without parental care with a conclusion on the possibility of being an adoptive parent.

Acquaintance with the child, if desired, an independent medical examination of the child, making a final decision on the desire to adopt this child.

Submission of an application to the court, waiting for the date of the court session. At this time, the guardianship authority at the place of residence of the child prepares an opinion on the advisability of adopting a particular child and documents for the child for the court.

Consideration of the application by the court. Getting a copy of the court decision in your hands.

Obtaining a certificate of adoption at the registry office, a new birth certificate of the child, making an entry about the child in the passport.

Registration of the child at the place of residence of the adoptive parent.

For Russian citizens, all adoption procedures, including medical examinations, and obtaining all the necessary certificates are completely free. There is no state duty in court.

b) guardianship, guardianship

Guardianship (the pronunciation of the word as guardianship is common, but incorrect) is a type of family arrangement for minors (minors under 14 years of age) left without parental care, as well as a form of protecting the rights and interests of a citizen recognized by a court as incompetent due to a mental disorder.

The duties of the guardian include taking care of the health and property of the ward, as well as the upbringing and education of the minor ward. Guardianship is established by a decision of the guardianship and trusteeship body.

Guardianship / guardianship over minors

Adoption of a child into a home on the rights of a child being raised for the purpose of his maintenance, upbringing and education, as well as to protect his rights and interests. Guardianship is established over children under 14 years old, and guardianship over children from 14 to 18 years old. The child retains his last name, first name, patronymic, and blood parents are not exempt from the obligation to participate in the maintenance of their child. The guardian has practically all the rights of a parent in matters of upbringing, education, child support and responsibility for the child. For the maintenance of the child, the state pays monthly funds in accordance with the standard established in the region. The guardianship authorities are obliged to exercise regular control over the conditions of detention, upbringing and education of the child.

Peculiarities:

Guardianship is established by a decision of the guardianship and trusteeship body, as a result of which it is formalized faster than adoption, since a court decision is not required.

As a rule, only one person can be appointed as a guardian.

The guardian is paid monthly funds for the maintenance of the child and assistance is provided in the organization of education, recreation and treatment of the ward.

Upon completion of the ward 18 years of age, he is allocated housing if he does not have one.

The guardianship authorities monitor the guardian family for the entire period of the child's stay in the family more often and in more detail than during adoption. * There is no secret of placing a child under guardianship, and contacts with blood relatives of the child are possible, and in some cases obligatory.

Changing the surname for a child is very difficult, changing the date of birth and recording the guardian in the birth certificate as a parent is not possible.

There are two types of guardianship: simple and compensated. Paid guardianship is carried out on the basis of an agreement concluded between the guardianship and guardianship authority and the guardian. At the moment in Russia, there are two types of paid guardianship as subspecies that have passed from separate forms of organization - Foster family and Foster care. Other paid types of guardianship may be established by the regional legislation of the Russian Federation.

The procedure for registration of guardianship

The procedure for establishing guardianship (sequence of actions, list of documents, terms) is established by Government Decree No. 423.

A guardian is appointed by the guardianship authorities, which are concurrently local government bodies, their powers are determined by their Charters. The guardian is appointed by a decree of the head of the city, district or district administration in the city at the place of residence of the guardian, a similar procedure applies to guardians. Preparatory work and supervision of the guardian (curator) is carried out by departments or departments of the national economy, social protection of the population, health care of the corresponding territorial administration.

Guardian requirement:

An adult person.

A capable person.

With the consent of this person.

Usually, persons related to the future ward are appointed. And if they are absent, then persons are appointed at the choice of the guardianship and guardianship authorities.

c) foster family

A foster family is a form of placement of orphans and children left without parental care, on the basis of an agreement on the transfer of the child (children) for upbringing to a family between the guardianship and guardianship authority and foster parents (spouses or individual citizens wishing to take children into a family ) (Family Code of the Russian Federation, Section IV, Chapter 11, Article 54, Section VI, Chapter 21, Articles 151 to 155) (Federal Law No. 159-FZ of December 21, 1996 "On Additional Guarantees for the Social Protection of Orphans and children left without parental care "as amended by Federal Laws dated 08.02.1998, No. 17-FZ, dated 07.08.2000, No. 122-FZ).

Citizens (spouses or individual citizens) wishing to take on the upbringing of a child (children) left without parental care are called foster parents; child (children) transferred to foster care. is called a foster child, and such a family is called a foster family.

The procedure for organizing a foster family

Persons wishing to take a child (children) for upbringing in a foster family, submit an application to the guardianship and trusteeship body at their place of residence with a request to give an opinion on the possibility of being foster parents.

The following documents are attached to the application:

Certificate from the place of work with an indication of the position and the amount of salary or a copy of the declaration of income, certified in accordance with the established procedure;

Characteristics from the place of work;

Autobiography;

A document confirming the availability of housing for a person (persons) wishing to take a child (children) for upbringing in a foster family (a copy of the financial and personal account from the place of residence and an extract from the house book (apartment book) for tenants of residential premises in the state and municipal housing stock or a document confirming the ownership of the residential premises);

Copy of marriage certificate (if married);

Medical certificate of a medical and preventive institution on the state of health of the person (persons) wishing to take the child into foster care (reference to the order of the Ministry of Health of the Ministry of Health).

A person applying for an opinion on the possibility of being an adoptive parent must present a passport, and in cases stipulated by the legislation of the Russian Federation, another substitute document.

To prepare an opinion on the possibility of being foster parents, the guardianship and trusteeship body draws up an act based on the results of examining the living conditions of persons (persons) wishing to take the child (children) into foster care (under guardianship or guardianship).

Based on the application and the act of examining the living conditions of persons (persons) wishing to take the child (children) for foster care (under guardianship or trusteeship), the guardianship and trusteeship body, within 20 days from the date of submission of the application with all the necessary documents, prepares an opinion on opportunities to become foster parents.

So, today we will study the Family Code of the Russian Federation with you. Or rather, only those of its components that speak about the rights and obligations of spouses, children and parents. All this is important to know and understand. After all, even with a divorce, you will have a certain responsibility. Especially if there are common minor children. After all, it is the Family Code of the Russian Federation that regulates the relationship between spouses, parents and children. So what rights and responsibilities do families have? What features do they have? It is not so difficult to understand and remember all the proposed norms and provisions. Every citizen of the Russian Federation is familiar with them at least in words.

Personal rights

The rights and responsibilities of spouses are the first thing to look out for. They play a huge role and, as a rule, arise even before the couple becomes a full-fledged family with children. All rights can be divided into several categories. But do not be afraid - the classification is not so difficult.

The first point worth paying attention to is the so-called personal non-property obligations of spouses, as well as similar rights. They are directly related only to the husband / wife, do not imply any material relationship. Property and relationships with children / parents do not play a role here.

Property law

The next option is the property obligations of the spouses and exactly the same rights. Usually this category plays a huge role for couples. It, as you might guess, concerns property and related disputes.

The responsibilities of the spouses, as well as their property rights, are a very serious matter. Usually it refers to the rules of belonging to something in the family. And you should also remember about the division of property in case of divorce or certain circumstances. That is why this category is considered extremely important. Especially when divorcing spouses. It is always important to know and understand what you can count on in a particular case.

Alimony

But the classification does not end there. There is one more point that many are interested in. It is about rights and responsibilities after divorce. According to modern Russian law, even after the divorce, you will bear some responsibility. More precisely, obligations.

The responsibilities of the former spouses are usually limited to alimony payments. That is, under certain conditions, you will have to support your ex-spouse financially, regardless of your relationship. And minor children will also have to be supported, and on a legal basis.

It is also worth noting: the duties of spouses in marriage can also be alimony. But such cases are extremely rare. More precisely, there are responsibilities of this type in and of themselves. But they are brought to life only occasionally and only at the request of one of the parties. So consider this.

Choosing a surname

Now a little more detail about each class of rights. Let's start looking at the personal non-property responsibilities of the spouses. And similar rights too. Remembering them is not as difficult as it might seem at first glance.

To begin with, remember: the spouses have every right to the freedom to choose their surname at the time of marriage registration. Most often, a woman takes the man's surname. It also happens vice versa. But these are just unspoken rules. According to modern legislation, in the country, citizens can choose for themselves which surname to keep for themselves.

What options are possible? Non-property rights / obligations of spouses indicate that you are able to take your husband / wife's last name, as well as keep the maiden name. Among other things, a merger is allowed with rare exceptions - when one of the spouses already has a double surname. In this case, you will have to either leave the girl's, or take the one that the husband / wife has. No other is given.

Full equality

But that is not all. After all, the non-property obligations of spouses, as well as similar rights, include another very interesting point. Many people in marriage forget about him altogether. What is it about?

About equality. According to the Family Code of the Russian Federation, spouses are absolutely equal in marriage. There are no chiefs and subordinates. Moreover, they are actually free. Or rather, they can choose their own job, hobby, profession, hobbies, place of residence. The main thing is that this does not infringe on the rights of the second half.

Thus, no one has the right to impose their opinion on you, as well as "swing rights" in relation to how to live. Everything should be based only on equality. But, as already mentioned, this point is often simply forgotten. And citizens are trying to single out a leader in the family who will completely control everything that happens in the "cell of society" and will also take "under his wing" a spouse. Remember, according to modern laws, husband and wife have equal rights.

Duty

Among other things, it is worth paying attention to the direct responsibilities of the spouses (non-property). There are not so many of them. In the Family Code, in general, only a few lines are allocated for this item. But they are extremely significant and important.

What does it say? That spouses are equal in marriage and must build their relationship on the basis of trust, equality, understanding and mutual assistance. They must also jointly resolve issues related to motherhood and fatherhood (childbirth), help improve relationships and provide a favorable atmosphere for the growth and development of their babies.

Property types

And now we can talk a little about what are the family responsibilities of spouses in relation to property. The point is that the property in your marriage can be different. And depending on it, certain norms of the Family Code will be applied. So you have to take into account a lot of points.

There is personal property. This is what belongs separately to each of the spouses. This usually includes all property acquired before marriage. And issued for a husband or wife, respectively. It also includes gifts received after official registration (with the exception of jewelry), gifts, personal items (clothes, shoes, and so on).

The second option is common property. It is also called jointly acquired. We can say that this is all that was acquired in marriage. And it does not matter to which of the spouses this or that property is registered. The fact remains. The exception is inheritance and gifts. They will be considered the personal property of the person to whom the registration took place. Such norms are provided by family law. The rights and obligations of spouses differ depending on the type of property. What exactly?

Chapter

By separation. Usually, this moment begins to interest citizens when they get divorced. During such periods, disputes are extremely difficult to avoid. So, family law comes to the rescue. The rights and obligations of spouses in relation to common property are equal. Remember the equality in families! What does it mean?

The fact that in case of divorce, the common property will be divided equally. That is, half - to you, and the other half - to your spouse. This is the principle that usually works. But personal property is not divided. In other words, what belonged to you will remain with you. And in case of divorce, this property will not be taken into account. Only jointly acquired.

Recognition of common property

But this is not the end of the features of property obligations and rights of spouses. The personal can be recognized in some cases as general. Especially when it comes to any real estate. For example, an apartment.

Under what conditions is personal property recognized as jointly acquired? If the second spouse has significantly "invested" in the property and thereby improved its condition and increased the final value. For example, this may include items such as: repair, reconstruction, redevelopment, and so on. Nothing difficult.

The main problem here is to prove your investment in property. Therefore, it is recommended that you keep all receipts and payment documents with your spending. Sometimes they are able to help you restore justice, as well as recognize personal property as jointly acquired. True, few people think about such a question during marriage. And during family life too. Nevertheless, you should not lose sight of this kind of moment - life is unpredictable, no one can tell you exactly how it will turn out. This means that it is clearly worth playing it safe once again. There is nothing criminal or special about this, ordinary human caution.

Marriage contract

Property relations in marriage among citizens can be regulated in a special way. There is such a thing as a prenuptial agreement. The responsibilities of spouses in relation to common property are regulated by this document. He is found in Russia more and more often. But so far it is not in great demand. After all, some believe that this is the height of mistrust in each other.

A marriage contract can be concluded at any time after the formalization of the relationship. You have every right to sign this kind of document both at the time of painting and after it. And even after several years of joint formalized relations, you will have such an opportunity. The marriage contract terminates immediately after the divorce, unless otherwise specified in the text of the agreement.

The contract stipulates the responsibilities of the spouses in relation to jointly acquired property. Both the past and the future. In addition, here you can register the features of the separation thereof. You can not indicate items that are contrary to the Family Code, as well as infringe on the rights of the second spouse or put him in a disadvantageous position.

Alimony obligations

And now a little more about alimony. They, like property, usually cause a lot of disagreements between spouses. And after a divorce, they take place under certain circumstances. Especially if you have common minor children (or adopted children).

What is it about? Alimony "for children" is paid until the child reaches the age of majority. And without fail. In the event of a divorce, spouses can agree orally on how much will be paid for the child. But most often they go to court for this. Based on the earnings of one of the spouses (with whom the baby will not live), a fixed monthly payment is assigned. When it comes to newly-made parents, alimony will also be assigned to the maintenance of the ex-wife. But only until the child is three years old. And during pregnancy, a woman is also entitled to this payment.

In addition, certain categories of citizens may require material support from the "former" after a divorce. As already mentioned, firstly, these are women during pregnancy and within 3 years from the birth of a child. Secondly, a needy spouse who takes care of a disabled child until his majority, or a disabled child from childhood of group 1. Thirdly, disabled spouses who became such during marriage, as well as within a year after the dissolution of the union. Fourth, a needy pensioner can apply for alimony after a divorce if you have been married for a long time, and also not more than 5 years have passed since you reached retirement age. Everything is easy and simple.

Family responsibilities

But do not forget about the family side of our today's question. Indeed, the main thing in marriage is not the division and receipt of property, divorce and any personal interests. Not at all. The marriage union is, first of all, the maintenance of a common life, joint leisure activities. So, do not forget her and the family responsibilities of the spouses.

What is included here? A husband and wife should lead a common life, live together (separation from each other, as a rule, is not recognized by a family in society), and also build relationships based on mutual assistance, trust and understanding. Family responsibilities also include the development and upbringing of children, as well as decision-making in matters of motherhood and fatherhood.

The spouses' responsibilities in marriage include supporting and helping each other. As well as providing for common minor children. Each parent is obliged to provide the child with everything necessary for proper growth and development. Financial issues and issues related to providing for the family and housekeeping are resolved jointly. Usually women "watch over the house" and men earn money.

Plus, separation of household duties is possible. Quite a common option that helps maintain harmony in the family. Especially if both spouses work. But not every man is ready to share household chores, "unload" a woman. And not every girl will be ready to give up housekeeping for the sake of building a career. In any case, the spouses must decide all these nuances together. It is desirable even before marriage. This technique will help you avoid divorce if you have any disagreements.

Children and parents

The rights and obligations of spouses and children are a very interesting, important and relevant moment. We have already found out that the spouses are obliged to support each other financially. Also, by mutual agreement, it is possible for one of the spouses to be dependent (usually at the expense of housekeeping). In addition, up to 18 years of age, parents are obliged to fully support and provide for their minor children.

But after that, already grown kids have certain responsibilities. And in relation to the parents. All children must financially support their parents. But only the needy and the disabled. If there is no need for support, then it turns out, as they say, "at will." And nobody can demand it from you.

In court, parents have the right to apply for alimony, which the children will pay. And that's all. But the amount of payments can be assigned differently. Do not rush to rejoice. To file child support payments, you must be:

  • a needy pensioner, and an incapacitated person;
  • disabled.

Also, an important point is that you must comply with your parental obligations. If it is proved that the duty as a parent has not been fully fulfilled, the children have the right not to pay child support.

True, they are in a very disadvantageous position. The content of the parents should take place in any case. It doesn't matter if you are able-bodied and capable of working. If not, then the maintenance amount will be charged against your benefits and payments you receive. Also, it doesn't matter if you need it or not. Even if you have minor children who already need to be supported. Consider this.

But emancipated children and those who have married before the age of 18 have the right to full exemption from alimony to their parents. In any case, in the second version for sure. In the first, everything will depend on the reasons for which the child received emancipation. If the parents did not fulfill their obligations, they cannot claim alimony.

That's all. Now it is clear what responsibilities of spouses, as well as children, are in the Family Code. As you can see, it is not so difficult to understand all this. Most importantly, remember that everyone is equal. And you need to build relationships based on trust, love, understanding and mutual assistance. The personal obligations of the spouses, their rights, as well as the interests of the children are protected by Russian legislation.


A woman and a man acquire the status of spouses from the moment they put their signature in the vital register, after which each of them becomes the owner of both personal and property rights and obligations under family law.

It is noteworthy that the RF IC contains only two articles devoted to the personal rights and obligations of spouses. This circumstance is explained by the fact that it is difficult and simply impossible to subordinate such rights to the law. The overwhelming majority of them are dictated by the rules of the moral order. That is why the RF IC contains in one article - 31st - only instructions of a general declarative nature, in another - 32nd - purely specific rules. Nevertheless, they both have their own characteristics.

Personal rights and obligations of a spouse that affect his personal interests are personal. They are, in theory, free from any calculation; they are based on desirable, state-approved actions and deeds concerning the personal life of a husband and wife as participants in family relations; they are closely related to the rights provided for in Art. 23 of the Constitution of the Russian Federation (on inviolability of private life, personal and family secrets, protection of one's honor and good name).

This relationship is rather complex, since it is assumed that the strength of the family largely depends on the presence or absence of good feelings for each other, mutual trust. Therefore, in some cases, the so-called personal secrets of one of the spouses can be taken for granted, in others they can give rise to conflicts that can lead to divorce.

But there is no doubt that the spouses (and each of them individually) have the right to take actions, actions aimed at respecting the inviolability of their private life, to treat with understanding the personal secret of another, to defend not only their honor, good name, but also honor, good name husband or wife.

Personal rights of spouses:

  • inseparable from their carriers;
  • inalienable by the will of their owner;
  • cannot be the subject of any transactions;
  • do not have a cash equivalent.

No matter what personal rights of spouses are spoken about, every time we mean their equality. There are no gender-based privileges here. But since it is important that the equality of spouses is a prerequisite for their actual equality, Art. 31 of the RF IC, which gives a list of personal rights, orients spouses to exercise these rights on an equal footing. This kind of emphasis takes on special meaning in our time, when a woman has to combine her mother's functions with paid work, with work outside the family.

According to paragraph 1 of Art. 31 of the RF IC, each spouse is free to choose an occupation, profession, place of stay and residence.

The existence of the right to choose an occupation or profession has nothing to do with the search for an attractive study or job. The Family Code of the Russian Federation means that the consent or disagreement of the spouse to professional orientation has no other legal meaning. In the worst case, disagreements about this can lead to serious conflicts in the family and the dissolution of the marriage.

The right to choose a place of stay and residence looks somewhat different. The existence of such a right means that spouses do not have to live together permanently, in the same house, apartment, etc. For a number of reasons, prevailing habits, type of activity, they sometimes have to choose an unconventional version of family life. At the same time, if they want to be, as they say, in the same residential area, the state authorities have no right to refuse them to satisfy their request without legal grounds.

It is no coincidence that the Rules for the registration and removal of citizens of the Russian Federation from registration at the place of stay and at the place of residence within the Russian Federation, approved by the Government of the Russian Federation of July 17, 1995 No. 713, draw attention to the circumstances that are taken into account when the husband and wife wish to live one house. Moreover, Part 1 of Art. 27 of the Constitution of the Russian Federation proclaims the right of everyone who is legally on the territory of the Russian Federation to move freely, choose a place of stay and residence.

According to paragraph 2 of Art. 31 of the RF IC, issues of motherhood, fatherhood, upbringing, education of children and other issues of family life are resolved by spouses jointly based on the principle of equality of spouses. This provision looks differently if you look at it as a listing of the rights of spouses who are given the opportunity (right) to jointly solve all those problems that arise in the process of joint family life. Moreover, these problems are indicated in the most general form and, in fact, are reduced to the exercise of parental rights, which, on the one hand, is subject to the requirements of Part 2 of Art. 38 of the Constitution of the Russian Federation, and on the other - Art. 61, 63 RF IC.

Until now, it has been about the personal rights of the spouses. Similar in content and their obligations are intangible. A spouse is obliged not to interfere with the other spouse's exercise of his right to freedom in choosing an occupation, profession, place of stay and residence. The same can be said about the solution by spouses of all issues of family life, where the right of one corresponds to the obligation of the other.

Clause 3 of Art. 31 of the RF IC, which says that spouses are obliged to build their 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 their children. There are rules of a purely declarative nature that look like a moral commandment. Therefore, they do not have direct legal support. However, rules of this kind serve as a kind of guideline, approved by the state as a model of behavior in the family of participants in family relations. Calling for the promotion of the well-being and strengthening of the family, the RF IC has in mind not only its material security, but also a healthy family microclimate. The same applies to such a task as strengthening the family, the strength of which is predetermined by many circumstances that arise both in the depths of the family collective and beyond.

The welfare of children as a goal set by the RF IC for spouses-parents, at first glance, concerns only the material welfare of the child. In fact, in this context, this term has a broader meaning, since it includes the need to give children a profession, education, allowing them to gain economic independence in the future. The development of children mentioned in the RF IC is closely related to the concept of “well-being”. Here the emphasis is shifted to the formation of the child's personal qualities, which primarily depend on the parents and constitute the parental responsibility provided for in paragraph 1 of Art. 63 RF IC.

Speaking about the personal rights of spouses with a purely moral background, it is interesting to remember that the civil laws in force in the Russian Empire provided for back in 1782: “A husband must love his wife like his own body, live in harmony with her, respect, protect , to excuse her shortcomings and alleviate her infirmities " 1 Tyutryumov I.M. Civil laws. P. 66.... And if we turn to modern times, then we can give another example of the content of the personal rights and obligations of spouses in the French Civil Code, Art. 212 which reads: "Spouses are obliged to mutual fidelity, help, support." Or another example, from the scope of the German Civil Code, where according to § 1353 “marriage is for life. Spouses must lead a joint family life; they are responsible for each other. "

If Art. 31 of the RF IC contains, in essence, declarative provisions, then Art. 32 has a specific content that provides for the spouses' right to choose their surname after marriage. Each of those entering into marriage, whether a man or a woman, at their own will:

  • chooses one of them as a common surname;
  • retains his premarital surname;
  • adds the surname of the other spouse to his surname, unless otherwise provided by the laws of the constituent entities of the Russian Federation. However, the combination of surnames is not allowed if the premarital surname of at least one of the spouses is double. Otherwise, “multi-storey” surnames would appear. In the old days, when the family legislation of the RSFSR was not allowed to combine surnames when registering a marriage, in special cases a special law was adopted, allowing to combine the names of persons entering into marriage.

The surname, which one of the spouses chose when marrying, does not always remain the same. For various reasons, without dissolving the marriage, it can be changed in accordance with the Civil Status Act. But such a change does not entail a change in the surname of the other spouse (paragraph 2 of article 32). And finally, in addition to the right to choose a surname upon marriage, the Investigative Committee of the Russian Federation grants spouses who dissolve the marriage the right to keep their previous common surname or restore their premarital surname.

If the marriage is dissolved in court, then the upcoming changes regarding the surname should be mentioned in the court decision.