The institution of marriage is significant at the state level and in everyday life. The ideal option is the creation of a family by two loving people according to the laws, moral rules and norms of behavior adopted among people, but situations can be different. Since laws do not allow marriage between certain groups of citizens, you should be aware of this so as not to be in an unpleasant situation. So who can’t legally start a family?
Conditions for creating an official family
Under current laws, marriage is not allowed between people who are not able to ensure compliance with the established conditions. To formally start a family, you must be of legal age.
An exception is possible if:
- pregnancy;
- the birth of a child.
Under such circumstances, a legal family is possible from the full 16 years. In addition, both persons must agree voluntarily.
And when not?
Remember that marriage between people is not allowed if one of them is already in a documented official union with some third person. In several countries, the presence of several wives, husbands is a criminal offense. Marriage between close relatives is not allowed. These include people who are linked genetically directly. If two people are in complete kinship, that is, both parents are the same people, then creating an official family is legally impossible. However, if there is one common parent, union is also impossible.
When planning a marriage, you must remember that marriage is not allowed between adoptive parents and adopted children. Restrictions are imposed on those people who have deviations in the development of the psyche, as a result of which it has been established that a person cannot be responsible for himself and his actions.
How to proceed?
If in an incomprehensible way it was possible to conclude an official union, bypassing one of the conditions described above, but the law enforcement authorities learned about the situation, termination occurs. The marriage is canceled, it is considered invalid from the moment the paperwork is completed.
What about children?
Suppose marriage is not allowed between certain categories of citizens, but if, with such an alliance created contrary to the law, a child was born, he will have all the rights of a baby who has appeared in an ordinary family. However, this applies not only to the younger generation born in the union, but also to children born in the next 300 days from the date of cancellation of the marriage.
Nuances of litigation
According to the laws of our country, sometimes marriage between persons is not allowed. The judge has the right to decide that one of the spouses has the opportunity to benefit from the other.
It:
- alimony;
- compensation for moral damage;
- compensation for material damage.
Of course, only a conscientious spouse can count on this, since it is his court that can recognize the injured party. Alimony will involve keeping a person for a period of time. If desired, the spouses, even after the marriage has been retrained as invalid, have the right to retain the names received during the registration of the union.
Monogamy at the state level
All the reasons that impede the creation of a legal family are precisely and thoroughly described in the Family Code. There are four of them. First of all, the legislative document mentions precisely monogamy. In a number of states this question is viewed differently, but Russian standards are such that marriage is not allowed between persons of which at least one person is officially in the union. Various personal reasons do not affect this, therefore, turning to the court with a request to allow the conclusion of an alliance because “I don’t communicate with my old spouse at all” will fail.
The law says strictly: when planning to enter a new family, you will have to end the legal relationship with the old. Exceptions are not allowed. The principle of monogamy applies to both sexes and applies to both potential spouses.
About terms
In order not to doubt when to consider your potential husband / wife already “ringed”, you should accurately understand what laws mean by marriage. The marriage union becomes official by registering in a special authority - the registry office. An alternative is organs with similar functions. If the person was a family man, but the spouse passed away, then he legally becomes free and can create a family again. The situation is similar when a person is recognized as dead. But note: when a spouse dies, a living family member receives a certificate. If you are planning to create a new family, be sure to take it with you to register, otherwise the registry office may be refused.
What about relatives?
Very serious restrictions are imposed on those between whom there are blood ties. In particular, marriage between brothers and sisters is not permitted. But the consolidated ones may well create a family, because their parents are different people. In a number of countries, nationalities, marriage between cousins is not allowed. In particular, they strictly refer to this in Jewish culture. Earlier in Europe, such unions were viewed condemningly, since they assumed that there was a high probability of giving birth to sick children. Over time, scientific studies in the field of genetics have made it possible to establish precisely that cousin relationship does not have a serious impact on how children are born.
In our country, at present, cousins can form an official union and start a family. But closer relatives are deprived of this opportunity, even if there are no documents confirming that they are native blood.
No incest!
Why is marriage not allowed between close relatives? The rationale is simple: it is dictated by moral standards and physiological reasons. However, the ethics aspect appeared later, but practical observations from ancient times allowed people to find out that offspring received in an incestuous union always have problems. When a child is conceived, mental retardation, underdevelopment of various systems, poor health, and rare diseases are likely. In the general case, it is impossible to predict what shortcomings a child will have, but there is a high chance that he will be unable to live normally and function in society.
Observation of many generations of incestuous marriages and their offspring resulted in a ban not only legal, but also religious, since in former times the regulation of human behavior was carried out through this institution. To this day, religion imposes serious restrictions on marriage. However, when living in a secular state, people may not think about it. In particular, religion forbade marriages between relatives. Secular legislation on this subject has no prejudice. A somewhat more complicated situation is when relatives are not just brothers-in-law, but have blood ties that are not officially confirmed.
Relatives on paper
Why is it not allowed to marry between adoptive parents and adopted children? After all, there are no blood ties between these people, but the law still imposes restrictions. The reason is that, from the point of view of law enforcement agencies, adoption is tantamount to the work of one’s own offspring. Simply put, an adopted child is legally considered a blood relative. But a close relative of one of the “adopted-adoptive” couples may well create a family with the second member of this pair, if there is no consanguinity.
Rights of the incapacitated - under vigilant guard
According to the laws in force in our country, it is impossible to marry if one of the two potential spouses is considered legally incompetent, as he has mental problems. This applies to those people who, upon examination, showed that they were not able to:
- lead yourself;
- be aware of the meaning of the perfect.
The restriction applies to persons having:
- mental disorder;
- special conclusion.
Citizenship and marriage
In some states, marriage between a half-brother and sister is not allowed, in others it is possible. When planning a family, remember that:
- laws of countries whose official residents are potential spouses;
- The family code of the country in whose territory the union is supposed to be concluded.
In recent years, many people have the citizenship of two, if not more, countries. In this case, the person decides for himself which country laws to apply to him in a particular case. But a person without citizenship falls under the norms inherent in the area where he lives. All documents involved in the official registration of marriage must be Russified, registered, legalized. The translation is verified by a notary.
Historical background
It is no secret that marriage between the adoptive parent and the adopted child, blood relatives, and other groups of persons is not allowed, as it was centuries ago. But where did it come from? In ancient times, the key concepts were "gender", "tribal life." In different places they were significantly different from each other. Separate clans fought among themselves, at times weakening hostility, then sharpening it again. Not the least role was played in this by marriages between the clans.
Humanity is developing relatively slowly, and in many respects positive outbursts were associated precisely with intergeneric unions. They made it possible to produce better offspring: smarter, more beautiful, healthier than when creating a family between members of the same genus. Not everyone could afford such a thing, but only those who stood in the local hierarchy the highest. Therefore, the spouse, taken from another clan, became a source of pride.
On the other hand, the marriage institution gradually became a political tool capable of overthrowing some, leading others to power if they skillfully took advantage of the opportunities that open up. Over time, religion joined him. United in the hands of the wise rulers of the clans, then the families, they set the norms accepted in society. And those, in turn, served as the basis for the formation of laws that are valid to this day.