On the day of the lawful creation of a family, the newlyweds take on new obligations - not only of a personal nature, but also legal. Obligations acquired during the legal consolidation of relations should be known to the couple, because ignorance does not exempt from fulfillment. Given the many facets of family relationships and guided by the basic principles prescribed by law, it is possible to build a strong and happy family.
Key Points of the Family Code
The Family Code is designed to resolve relationships in all aspects of family life. He explains the legal aspects of marriage, as well as ways to resolve property issues. The Family Code spells out the responsibility that those who enter into marital relations bear. If there is a need to consider disputes in a court of law, this legislative document is the main instrument for settlement.
Classification
The rights and obligations of spouses arise from the day when they put their confirmation signature on the registration documents. What do they relate to? In addition to the non-property rights and obligations of spouses, those that relate to property are also singled out. Each of the spouses enjoys the rights that are determined by the fulfillment of their duties of the second. The interaction and adoption of legal rights within the family ensures the steady and natural realization of individual freedoms. So, in order.
Non-property duties and rights
Most often, families break up due to non-compliance with personal obligations. Therefore, adherence to the principles indicated below is so important for creating a strong couple in which there is support, respect and good attitude towards each other.
Freedoms and obligations of a non-property plan relate to different areas of common life and housekeeping; legalized norms of behavior are called upon to outline the line for building a strong family.
Surname selection
Married in the right to choose their own name, which they will wear after the wedding. Moreover, both or one in a pair can change it. The decision to keep the previous name, replace it with the spouse's last name, or combine both options is voluntary and individual, carried out without any obstacles from the side of the law.
The right to freedom of action
The law protects the right to choose a field of activity and work. It is wrong to make efforts to deter each member of the union from the desired type of activity. The legitimization of family ties does not contribute to limiting the ability of newlyweds to realize their labor potential.
Spatial freedom
The rights and obligations of spouses arise from the date of painting, and they do not restrict freedom of movement. Each member of the couple can independently and quite legally choose where to go, where to spend their time. In addition, spouses can even live in separate housing, which is a manifestation of free will, for this only an oral agreement is necessary.
Mutual resolution of family issues
Two spouses in a marriage may have rights and obligations regarding decision-making in the urgent needs of the family unit, and the principle of equality is used in this regard. Decisions made should be based on equality and respect for the opinions of everyone. Coercion or pressure to resolve issues is illegal. The key rights and obligations of spouses from the moment of registration are embodied in matters regarding the conduct of joint finances, actions with material benefits, maternal and paternal functions, issues related to joint children. The legal relations of this category are strictly regulated by the Family Code.
Mutual respect and support
Mutual respect and help - these are the key foundations of relationships within a married couple, which are also prescribed by law. Different couples implement the principles of mutual respect according to their own scenario, as well as the distribution of functions and responsibilities in everyday life in each family is different. However, it should be borne in mind that the physical strength of a person is limited, and everyone needs rest and feasible duties, so it is important to adhere to equality and mutual assistance in the everyday life of the family. Most often, a woman carries an increased load in the form of cleaning, taking care of children and other household activities. With this option, it is logical if the man assumes the responsibility for the technical part. In this case, his duties will include monitoring the health of appliances in the house, the condition of the car and the living space in which the whole family lives. Domestic rights and obligations of spouses arise from the moment of the wedding and do not lose their relevance throughout the entire family life.
Well-being
Assistance in the improvement and joint achievement of well-being is also included in the concept of the rights and obligations of spouses. Choosing an approach to communication using compromises leads to the best family interaction. Well-being of a couple implies, in addition to the material component, understanding and respect for the interests of the couple. Neglect of the spouse's wishes and the imposition of opinions can adversely affect family ties and lead to the collapse of marriage.
Responsibilities Applicable to Children
Mutual, briefly described rights and obligations of spouses regarding child care have clearly defined norms and key points that are enshrined in law. The well-being of children should be ensured in the required amount. Regardless of the distribution of forces exerted by both parties. The inability of one of the couple to fulfill their half of duties in relation to children should be fully compensated by the efforts of the second. This principle must be used both in the financial component and in the approach to the educational process.
Children and their rights
Family rights and obligations of spouses in marriage regarding children are based on the origin of the children, which is established in the manner prescribed by law. Bearing a name, patronymic and last name is the legal freedom of the children, respectively, parents have the right to give them to the child. Also, within the family, babies have the right to education and to be safe. Parents must raise their children, protect their interests and rights, and ensure safety.
Property component
Disputes regarding property are most often resolved in a pair peacefully. However, there are often conflicts, the resolution of which is possible only in court. Living without gaining benefits is quite difficult, therefore, knowledge of spouses' property rights and obligations from the day of registration is of particular importance. It is advisable to study all legal aspects regarding jointly acquired or acquired property before marriage.
The categories of property are legally clearly separated: personal (personal) and acquired together.
Personal Ownership
Legal support for personal disposition of property consists in the fact that the second party may use the personal property of the owner only with permission. The rights and obligations of spouses regarding personal property arise upon the acquisition of property and remain after the transition to a legal relationship.
The following objects can be called personal:
- inheritance received;
- material assets received as a gift (including equipment, winnings in competitions);
- material assets acquired before matrimony;
- personal items (for example, everyday items, clothing, etc.), regardless of the time of purchase.
The exception is personal luxury goods - they belong to the category of common use by family members.
Children also have personal property (items to wear, tools and accessories for games and sports). In addition, the infant also has the right to be gifted with a valuable gift or to receive hereditary property.
Personal items in the possession of all family members, as well as common property, are the common good of the family as a whole.
Property right to joint benefits
Values to which joint rights apply are considered property acquired during the period of marriage. The property rights and obligations of the spouses arise immediately after the legal certification of the union and are applicable to both salaries, accrued state payments, bank accounts, and other acquired goods.
If there is a need for the division of property, most often it is divided into equal parts without considering the degree of participation in the acquisition of each spouse.
According to the code, which enshrines the dogmas of family relations, behavior in relation to property can be prescribed in a marriage contract, drawn up in writing and certified by a notary. Objects of settlement can be added or changed.
Legal advice
The rights and obligations of spouses arise from the date of marriage, but more and more often lawyers recommend concluding marriage contracts (agreements) before the marriage ceremony.
Making a contract, future newlyweds equally care about their security regarding material wealth. Matters on the financing of spouses, as well as the nature of the distribution of benefits in case of a possible breakup, can be taken into account in advance. This document is a powerful tool that will help protect existing or planned business in the event of a family breakup. If you plan to acquire material assets, it is possible to register in whose possession they will be.
A compiled and signed document does not allow the inclusion of regulation of behavior regarding children, or the restriction of personal and other intangible aspects of a relationship. It is worth mentioning that the signed agreement does not deprive the right to appeal to the judicial authorities, but is only an assistant in the peaceful resolution of property plan conflicts.
According to lawyers, the separation of the rights and duties of spouses arises from the day of registration, however, registration of contractual relations is possible even after the registration of marriage, only joint agreement and interest of the parties are necessary.
Maintaining respectful relationships in any situation will allow spouses to build strong relationships and with honor get out of problem situations. Knowing the legal side of the relationship, the rights and obligations of spouses in marriage, it is easy to anticipate the development of various situations and direct the development of your family in the right direction.