What is marriage: the definition of the concept in the Family Code. Marriage

The union of a man and a woman, based on love and mutual respect, which is created for the emergence of a family and the appearance of children, is a marriage. Its definition is contained in various sources of law. Marriage can not be concluded if a person already has formal, family relations with another person.

Definition

Relations between a man and a woman who are officially registered in the registry office are a marriage. Definition of the concept is contained in many sources of family law. Marriage is to create a family and co-education of children. Generates rights and duties of spouses. No one can enter into a new marriage union while in an official relationship with another person, and also in the event that one of the citizens is against it. The IC of the Russian Federation determines the age at which people can enter into a marriage relationship. This is 18 years old. Nevertheless, for various reasons, it can be reduced to sixteen, and in some cases even up to 14 years.

Conditions

So, in order to marry, the definition of the concept of which we have given above, you need to 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 an official union. Family relations, registered in the registry office, - marriage. The definition of the concept is perceived at the everyday level. Marriage is considered a free will of two people, based on mutual respect and love. Is to create a new social unit and the emergence of children. Otherwise, the union can be considered fictitious.

Order

What is marriage? The definition of the act is interpreted as follows: it can be concluded only in the presence of a man and a woman who have decided to officially formalize their relationship. From the moment you submit your application, it should take at least a month. This period may be increased or decreased, if necessary in connection with life circumstances (pregnancy or life threat). At the same time, the union can be concluded on the day when the application was submitted. Also, if for certain reasons people are denied registration of marriage in the registry office, they can apply to the court.

Kinds

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

• The registered is the union of a man and a woman who have sealed their union with a signature in an official document and are legally considered spouses.
• Church - is carried out by conducting a wedding ceremony; Currently, marriage is not recognized in many states, therefore the rite is held only after registration in the registry office.
• Cohabitation, or konkubinat, - is a union of two people who are engaged in joint farming, but are not considered a husband and wife.

Termination

In life, it often happens that people who once long loved each other very much and created a family, suddenly become cold or start relationships on the side. In this case, the second half can not recover and is resolved to break the relationship. But if there are children in the family, it will be possible to stop the marriage only by applying to the court. If, of course, another spouse is not deprived of liberty for more than three years, because in such a situation the presence of children is not an obstacle to the dissolution of marriage in the registry office.

Also, if the issue regarding the upbringing of the kids and the payment of alimony has already been resolved and there is no dispute, the spouse, wishing to terminate marital relations, can apply with a statement to the world court. There, such cases are dealt with within a month. Also, the court is entitled to give the spouses a period of up to three months for reconciliation. And if this does not happen, the marriage will be terminated.

In the event that the husband and wife can not come to a common opinion and decide the question of who the child will live with, this issue should be resolved in the district court. There must necessarily be guardianship agencies, which give their opinion.

Termination of the union in the registry office occurs when there are no common little children and disputes about the property. If one of the spouses does not want to terminate the relationship, the divorce takes place in the world court, which makes its determination.

Marriage and family as concepts are inextricably linked, so when the integrity of the first is violated, the second also begins to collapse. And yet people should try to strengthen their relationship and keep the family together. After all, they married in order to be together and love each other.

Not allowed

Marriage in the Family Code of the Russian Federation is recognized as the union of husband and wife, which is protected by the state and gives the spouses equal rights and duties. Nevertheless, if several norms specified by the SC are not observed, it will not be registered. These conditions are as follows:

• One of the citizens wishing to marry already has the status of "married" or "married", which confirms the stamp in the passport;
• People are close relatives, for example, brothers and sisters, and also an alliance between adoptive parents and adopted children is not allowed;
• A person who wants to conclude 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.

Disputes over property

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