So, today we will study with you the Family Code of the Russian Federation. More precisely, only those components that speak about the rights and obligations of spouses, children and parents. All this is important to know and understand. After all, even with a divorce, you will have a certain responsibility. Especially if there are common minor children. After all, it is the Family Code of the Russian Federation that regulates the relationship between spouses, parents and children. So what are the rights and obligations of families? What features do they have? To understand and remember all the proposed norms and regulations is not so difficult. Every citizen of the Russian Federation is familiar with them, at least in words.
Personal rights
The rights and obligations of spouses is the first thing you should pay attention to. They play a huge role and, as a rule, arise even before a couple becomes a full-fledged family with children. All rights can be divided into several categories. But do not be scared - the classification is not so complicated.
The first point that you should pay attention to is the so-called personal non-property obligations of the spouses, as well as similar rights. They are directly related only to husband / wife, do not imply any material relations. Property and relationships with children / parents do not play a role here.
Property law
The next option is the property obligations of the spouses and exactly the same rights. Usually this category plays a huge role for couples. She, as you might guess, relates to property and related disputes.
The obligations of the spouses, as well as their property rights, are a very serious matter. Usually, it means the rules of belonging to something in the family. And the division of property in a divorce or in certain circumstances should also be remembered. That is why this category is considered extremely important. Especially with the divorce of the couple. It is always important to know and understand what you can count on in a particular case.
Alimony
But the classification does not end there. There is another point that many are interested in. It is about rights and obligations after a divorce. According to modern Russian law, even after the dissolution of the marriage, you will have a certain responsibility. More precisely, obligations.
Obligations of former spouses are usually limited to alimony payments. That is, under certain conditions you will have to support your ex-spouse financially, regardless of your relationship. And minor children will also have to be supported, and legally.
It is also worth noting: the responsibilities of the spouses in the marriage can also be alimony. But such cases are extremely rare. More precisely, there are obligations of this type per se. But they come to life only occasionally and only at the request of one of the parties. So keep that in mind.
Surname selection
Now a little more about each class of rights. We begin to consider the personal non-property obligations of the spouses. And similar rights too. Remembering them is not as difficult as it might seem at first glance.
To begin with, remember: the spouses have every right to freedom of choice of surname during the registration of marriage. Most often, a woman takes the name of the man. It happens and vice versa. But these are just unspoken rules.According to modern legislation, in the country, citizens can choose which name to keep for themselves.
What options are possible? The non-property rights / obligations of the spouses indicate that you are able to take the surname of the husband / wife, as well as leave the girl. Among other things, a merger is allowed with a rare exception - when one of the spouses already has a double surname. In this case, you will either have to leave the girl, or take the one from the husband / wife. No other is given.
Full equality
But that is not all. After all, the moral obligations of the spouses, as well as similar rights, include another very interesting point. Many in marriage forget about it at all. What is this about?
On equal rights. According to the Family Code of the Russian Federation, spouses in marriage are absolutely equal. There are no main and subordinates. In addition, they are actually free. More precisely, they can choose their own work, hobbies, profession, hobbies, place of residence. The main thing is that this does not infringe on the rights of the second half.
Thus, no one has the right to impose his opinion on you, as well as to “pump rights” regarding how to live. Everything should be based only on equal rights. But, as already mentioned, often this point is simply forgotten. And citizens are trying to single out a leader in the family who will completely control everything that happens in the "cell of society", and will also take "spouse" under their wing. Remember: according to modern laws, husband and wife have equal rights.
Duty
Among other things, it is worth paying attention to the immediate responsibilities of the spouses (non-property). There are not so many of them. In the Family Code in general, only a few lines are reserved for this item. But they are extremely significant and important.
What is it talking about? The fact that spouses are equal in marriage and are obliged to build their relations on the basis of trust, equality, understanding and mutual assistance. They must also jointly resolve issues regarding motherhood and fatherhood (giving birth to children), help improve relationships and provide a favorable atmosphere for the growth and development of their babies.
Property Types
And now you can talk a little about what are the family responsibilities of the spouses in relation to property. The thing is that the property in your marriage can be different. And depending on it, certain norms of the Family Code will be applied. So you have to take into account so many points.
There is personal property. This is something that belongs separately to each of the spouses. Usually, all property acquired before marriage is included here. And designed for husband or wife, respectively. Also included here are gifts received after official registration (excluding jewelry), gifts, personal items (clothes, shoes, and so on).
The second option is a common property. It is also called jointly acquired. We can say that this is all that was acquired in marriage. And it does not matter which of the spouses this or that property is registered. The fact remains. The exception is inheritance and gifts. They will be considered personal property of the person to whom the registration took place. Such standards are provided for family law. The rights and the responsibilities of the spouses are different depending on the type of property. What exactly?
Section
Separation. Usually, a given moment begins to interest citizens when they get divorced. In such periods of controversy, it is extremely difficult to avoid. So family law comes to the rescue. The rights and obligations of spouses in relation to common property are equal. Remember the equality that occurs in families! What does it mean?
The fact that during a divorce the common property will be divided equally. That is, half - to you, and the second half - to the spouse. This is the principle that usually applies. But personal property is not divided. In other words, what was yours will remain with you.And in a divorce, this property will not be taken into account. Only jointly acquired.
General recognition of property
But this does not end the features of property obligations and the rights of spouses. Personal may in some cases be recognized as general. Especially when it comes to any real estate. For example, an apartment.
Under what conditions is personal property recognized jointly acquired? If the second spouse significantly "invested" in the property and thereby improved his condition and increased the final cost. For example, such items may be included here: repair, reconstruction, redevelopment, and so on. Nothing difficult.
The main problem here is to prove your investment in property. Therefore, it is recommended that you save all receipts and payment documents with your expenses. Sometimes they can help you restore justice, as well as recognize personal property jointly acquired. True, few people think about this issue during marriage. And during the period of family life, too. Nevertheless, you should not lose sight of this kind of moment - life is unpredictable, no one will be able to tell you exactly how it will turn. So, it’s clearly worth it to be safe again. There is nothing criminal or special about this, ordinary human caution.
Marriage contract
Property relations in the marriage of citizens can be regulated in a special way. There is such a thing as a prenuptial agreement. The obligations of spouses in relation to common property are governed by this document. It is found in Russia more and more often. But so far it is not in special demand. After all, some believe that this is the height of distrust of each other.
A marriage contract can be concluded at any time after the formalization of the relationship. You have every right to sign this kind of document both at the time of painting and after it. And even after several years of joint formalized relations, you will have such an opportunity. The prenuptial agreement terminates immediately after the divorce, unless otherwise specified in the text of the agreement.
The contract spells out the obligations of the spouses in relation to jointly acquired property. Both past and future. In addition, here you can prescribe the features of the separation thereof. You cannot specify items that are contrary to the Family Code, as well as infringe the rights of the second spouse or put him in a disadvantage.
Maintenance obligations
And now a little more about child support. They, like property, usually cause a lot of disagreement between spouses. And after a divorce take place under certain circumstances. Especially if you have common minor children (either adopted).
What is this about? Child support payments are paid until the child reaches the age of majority. And without fail. Spouses at a divorce can agree orally on how much will be paid per child. But most often they go to court for this. Based on the earnings of one of the spouses (with whom the baby will not live), a fixed monthly payment is assigned. When it comes to new parents, child support will also be assigned to support the ex-wife. But only until the child's third birthday. And during pregnancy, a woman also has the right to this payment.
In addition, some categories of citizens may demand financial support from the "former" after a divorce. As already mentioned, firstly, these are women during pregnancy and within 3 years from the birth of the child. Secondly, a needy spouse who cares for a disabled child until he reaches adulthood, or for a disabled baby from childhood in Group 1. Thirdly, disabled spouses who became such during the marriage, as well as within a year after the dissolution of the union.Fourthly, a needy pensioner can apply for child support after a divorce if you have been married for a long time, and also not more than 5 years have passed since you reached retirement age. Easy and simple.
Family responsibilities
But do not forget about the family side of our today's issue. Indeed, in marriage, the main thing is not the division and receipt of property, divorce and any personal interests. Not at all. The marriage union is, first of all, the maintenance of common life, the conduct of joint leisure. So, do not forget her and family responsibilities of the spouses.
What is included here? Husband and wife should live together, live together (a separate stay from each other, as a rule, is not recognized by the family as a family), and also build relationships on mutual assistance, trust and understanding. Family responsibilities also include the development and upbringing of children, as well as decision-making in matters of motherhood and fatherhood.
The responsibilities of the spouses in the marriage include the maintenance and assistance to each other. As well as providing common minor children. Each parent must provide the child with everything necessary for proper growth and development. Financial issues and issues regarding family support and housekeeping are resolved jointly. Typically, women "keep an eye on the house", and men earn money.
Plus, separation of household responsibilities is possible. It is a common option that helps maintain harmony in the family. Especially if both spouses work. But not every man is ready to share household chores, "unload" a woman. And not every girl will be ready to abandon farming for the sake of building a career. In any case, all these nuances of the spouse must be decided jointly. It is desirable even before marriage. This technique will help to avoid a divorce if you have any disagreements.
Children and parents
The rights and obligations of spouses and children is a very interesting, important and relevant moment. We have already found out that the couple are obliged to support each other financially. It is also by mutual agreement that one of the spouses is dependent (usually due to housekeeping). In addition, parents under 18 years old are required to fully support and provide for their minor children.
But after that, certain responsibilities already appear in already grown babies. And in relation to parents. All children should financially support their parents. But only the needy and the disabled. If there is no need for support, then it is, as they say, "at will." And no one can demand it from you.
In court, parents have the right to file child support payments that the children will pay. And that’s all. But here the amount of payments can be assigned different. Rejoice do not rush. To file a child support bill, you must be:
- needy pensioner, and incapable of work;
- disabled person.
Another important point is that you must comply with your parental obligations. If it is proved that the duty as a parent was not fully performed, children have the right not to pay child support.
True, they are in a very disadvantageous position. Parental support should happen anyway. And it does not matter if you are able-bodied and capable. If not, then the maintenance amount will be collected from your allowances and payments that you receive. In addition, it does not matter whether you will need it later or not. Even if you have minor children who need to be provided without that. Keep this in mind.
But emancipated children and those married before the age of 18 have the right to complete exemption from alimony to their parents. In any case, in the second version for sure. In the first, everything will depend on why the child received emancipation. If the parents did not fulfill their obligations, they cannot claim child support.
That's all.Now it’s clear what responsibilities spouses and children have in the Family Code. As you can see, understanding all this is not so difficult. Most importantly, remember that everyone is equal. And you need to build a relationship based on trust, love, understanding and mutual assistance. Personal obligations of spouses, their rights, as well as the interests of children are protected by Russian law.
