Marriage Terms and Conditions: Family Code
The main structural unit in any state is the family institution. Relationships between citizens of the state become not only their prerogative, but also act as a socially significant phenomenon, especially when they have children. All rights and obligations arising from marriage, as well as legal issues are spelled out in the legislation of the Russian Federation.
Marriage: the concept, conditions and procedure for its conclusion
The Family Code of the Russian Federation does not give a clear definition of this term, but in legal literature marriage is considered a monogamous, voluntary, free, equal, legally formed union arising between a man and a woman, based on mutual feelings of respect and love, aimed at creating a family and entailing the emergence of shared responsibilities and rights relating to personal and property relationships. The appearance of new rights and obligations for married people legally arises from the fact of registration of marriage relations in the registry office (article 10 of the RF IC).
The procedure and conditions of marriage, prescribed in the RF IC, establish the equality of spouses in relation to maternity and paternity. The fact of having a registered family entails the emergence of responsibilities in the upbringing and maintenance of children under the age of majority, and in the mutual material support of each other.
The procedure and conditions for entering into a marriage permit the state registration of family relations in any of the civil registry offices at the behest of those who wish to formalize the union. This institution makes a record of the act of marriage between these citizens, and they are handed a document (certificate) of marriage, which contains information about the surname, name, patronymic, date and place of birth, age, citizenship, nationality ( desire), place of residence, details of identity documents. The date when the marriage was entered into and this act was drawn up, its number is indicated, the place is indicated (the name of the relevant registry office), and the series and number of this document.
Registration of marriage relations is recorded in a document such as a “Marriage Certificate” of an established state standard, which confirms that the perfect union has been recognized as a legal contract and protection, according to the Civil Code of the Russian Federation.
Terms and conditions of marriage
The official registration of this fact takes place with the obligatory presence of both spouses, after the expiration of the fixed time from the moment of the application submission. For valid reasons, you can register a marriage on the day you submit your application or postpone its conclusion for up to a month. The presence of witnesses, relatives and friends at the ceremony and holding it in a solemn atmosphere is possible at the request of entering into family relationships.
By assigning a date and time when it is better to issue a solemn event, they expect that it does not coincide with the registration of the fact of divorce or the death of someone.
Age of marriage
By regulating the conditions and procedure for entering into marriage, the Family Code allows citizens to register marital relations upon reaching the age of eighteen. If there are a number of serious reasons, the size of the marriage age, according to the bride and groom, can be reduced to sixteen years. In especially important circumstances - and up to fourteen.According to article 13 of the RF IC, the reason for reducing the permissible age is the presence of pregnancy or the fact of the birth of the bride's child.
According to Article 27 of the Civil Code, local governments are given permission to formalize family relations to citizens who have reached the age of sixteen if they are declared fully capable due to emancipation (that is, the minor is employed under an employment contract or participates in business activities).
Circumstances that impede the registration of marital relations
Article 14 of the RF IC, which establishes the conditions and procedure for entering into a marriage, speaks of the reasons that impede its execution. It is forbidden to enter into family relations to a person who has not officially dissolved another registered marriage, therefore, it is necessary to prove the termination of the previous union by providing documents confirming its dissolution, or the death of a spouse, or a court decision to annul the marriage. They will refuse to design relationships for close relatives: those with a direct ascending or descending line, full or half brothers and sisters, adoptive parents and adopted children.Marriage between more distant relatives (cousins, aunt and nephew, etc.) is allowed. There is no marriage between people, one of whom is declared incompetent in court because of some mental illness. If this fact is established after registration, then it becomes a reason for declaring it invalid.
The procedure for assigning a surname at marriage
Legislation regulating the conditions and procedure for entering into marriage also regulate the choice of surnames by both spouses. The legislation of the Russian Federation declares their full equality, so they can assign the name of either spouse as common, each of them can keep their last name before marriage, or the name of one of the spouses adds the name of the other. According to Article 32 of the RF IC, a surname is chosen when entering into marriage and the bridegroom and the bride independently, without any pressure from outside. In Russia, traditionally, the wife took her husband's surname, but with its cacophony or for other reasons it can be the other way around. Some spouses unite their surnames, thus obtaining a common double, which goes, by default, to children.In this case, the merger of their bride and groom, one of whom already has a double, is not allowed. The procedure and conditions for entering into and dissolving a marriage establish that a surname change is possible only at the time of registration of the occurrence or termination of the marriage. In the case of divorce, everyone has the opportunity to save the surname obtained in marriage, or to accept the premarital, regardless of the desire of the other half.
Registration of relations between certain categories of citizens
In the comments to article 137 of the RF IC, which establishes the conditions and procedure for concluding a marriage between nationals of foreign countries or Russians living in another country, it says that registration of family relations between Russian citizens residing outside of Russia takes place on the territory of diplomatic or consular offices . Also valid is the marriage between Russian nationals and foreigners or stateless persons, carried out outside our country, subject to the local laws of the state in which it was produced.
The conclusion of a marriage union with persons who are serving a sentence in the institutions belonging to the penitentiary system is carried out by local territorial registry offices.Citizens subjected to disciplinary action, have the opportunity to arrange a marriage only after the departure of the imposed penalty.
If one of the future spouses is seriously ill and there is an urgent need to register the relationship, then it is allowed to produce in a hospital or at home in the presence of both of the spouses.