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 marriage. Its definition is contained in various sources of law. A marriage cannot be concluded if a person is already in an official, family relationship with another person.
Definition
The relationship between a man and a woman who are officially registered with the registry office is a marriage. The definition of the concept is contained in many sources of family law. Marriage consists of creating a family and raising children together. Generates the rights and obligations of spouses. No one can enter into a new marriage union while in official relations with another person, as well as if one of the citizens is against this. The RF IC determines the age at which people can enter into marriage. It is 18 years old. Nevertheless, for various reasons, it can be reduced to sixteen, and in some cases even to 14 years.
Conditions
So, in order to get married, the definition of which we have given above, you must comply with all the requirements established by the UK. The main conditions here are:
- voluntary consent of people;
- certain age (18 years).
Otherwise, it will be impossible to form an official union. Family relations registered in the registry office - marriage. The definition of a concept is perceived at the household level. Marriage is considered the free will of two people, based on mutual respect and love. It is to create a new unit of society and the emergence of children. Otherwise, the union may be considered fictitious.
Order
What is marriage? The definition of an act in progress is interpreted as follows: it can only be concluded in the presence of a man and woman who have decided to formally formalize their relationship. At least one month must elapse from the time of application. This period may be increased or decreased if necessary due to life circumstances (pregnancy or life threat). Moreover, the union may be concluded on the day the application was submitted. Also, if for certain reasons people are denied registration of marriage at the registry office, they can go to court.
Kinds
The IC of the Russian Federation says that only a union of two people registered in the registry office is a legal marriage. While ordinary cohabitation is not considered as such, because it does not give rise to the appearance of certain duties in people. Nevertheless, the following types of marriages are distinguished:
- Registered is a 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 ceremony is carried out only after registration in the registry office.
- Cohabitation, or rivalry, is a union of two people who are jointly managing but are not considered husband and wife.
Termination
In life, it very often happens that people who once long ago loved each other very much and started a family suddenly cool or start relationships on the side. In this case, the second half cannot come to their senses and decides to break off relations. But if there are children in the family, then the termination of marriage will be possible only by going to court. Unless, of course, the other spouse is not imprisoned for a term 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 regarding the upbringing of babies and the payment of alimony has already been resolved and there are no disputes, then the spouse who wants to end the marital relationship may apply to the magistrate's court. There such cases are considered within a month. The court also has the right to give spouses up to three months for reconciliation. And if this does not happen, the marriage will be dissolved.
In the case when the husband and wife cannot 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 be present guardianship authorities that give their opinion.
The termination of the union in the registry office occurs when there are no common young children and disputes about property. If one of the spouses does not want to end the relationship, the divorce takes place in a magistrate court, which makes its determination.
Marriage and family as concepts are inextricably linked, therefore, when the integrity of the first is violated, the second also begins to collapse. Nevertheless, people should try to strengthen their relationship and save the family. After all, they were married in order to be together and love each other.
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 obligations. Nevertheless, if several norms defined by the UK are not followed, 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, siblings, and union between adoptive parents and adopted children is also not allowed;
- a person wishing to enter into an alliance has a mental disorder, as confirmed by a court decision.
In the presence of the above circumstances, marriage registration is unacceptable. Otherwise, it will be declared illegal.
Property Disputes
All items that were purchased by the spouses during the marriage, are considered their joint property. This rule does not apply only to items of clothing and shoes. Nevertheless, in practice, there are cases when husbands ask the wives to return the donated jewelry or expensive things, because the latter are luxuries (for example, a mink coat). Upon dissolution of the marriage, all immovable property is divided between 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 made major repairs there (changed pipes and plumbing, carried out production and other technical works), then the court may recognize such housing as joint property.