The rights and obligations of spouses arise from the date of registration. Family Code and Legal Advice

2024 Author: Priscilla Miln | [email protected]. Last modified: 2023-12-16 00:21

On the day of the legal creation of a family, the newlyweds take on new obligations - not only of a personal nature, but also legal ones. The obligations acquired in the legal consolidation of the relationship must be known to the couple, since 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 regulate legal relations 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 have entered into a marriage relationship bear. If there is a need to consider controversial issues in the courtOK, this legislative document is the main instrument of the settlement.

Classification

The rights and obligations of the spouses arise from the day when they put their confirming signature on the registration documents. What do they include? In addition to the non-property rights and obligations of spouses, there are also those related to property. Each of the spouses enjoys the rights that are conditional on the performance of their duties by the other. The interaction and acceptance of legal rights within the family ensures the steady and natural realization of the freedoms of the individual. So, in order.

Non-property obligations and rights

Most often, families break up due to non-compliance with obligations of a personal nature. Therefore, following the principles 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 various areas of joint life and housekeeping, legalized norms of behavior are designed to outline the line of building a strong family.

Choosing a last name

The spouses have the right to independently choose the surname that they will bear after the wedding. Moreover, both or one in a pair can change it. The decision to keep the previous surname, replace it with the surname of the spouse, or combine both options is voluntary and individual, carried out without any obstacles from the law.

The right to freedomactivities

The law protects the right to choose a field of activity and work. It is unlawful to make efforts to keep each member of the union from the desired type of activity. The legalization of family ties does not contribute to limiting the ability of newlyweds to realize their labor potential.

Space freedom

The rights and obligations of spouses arise from the day of painting, and they do not restrict freedom of movement. Each of the members of a married couple can independently and quite legally choose where to go, where to spend their time. In addition, spouses can even live in separate living space, which is a manifestation of free will, this requires only a verbal agreement.

Mutual Family Resolution

Two spouses in a marriage may have rights and obligations to decide on the immediate needs of the family unit, and the principle of equality is used in this respect. Decisions made must be based on equality and respect for everyone's opinion. Coercion or pressure to resolve issues is illegal. The key rights and obligations of spouses from the moment of registration are embodied in issues regarding the management of joint finances, actions with material we alth, maternal and paternal functions, and issues related to joint children. The norms of legal relations in this category are strictly regulated by the Family Code.

Mutual respect and support

Mutual respect and assistance are the key foundations of relationships within a married couple, which are also prescribed by law. Various married couplesimplement the principles of mutual respect according to their own scenario, just 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 bears an increased load in the form of cleaning, caring for children and other household activities. With this option, it is logical if a man takes on the responsibility for the technical part. In this case, his duties will include monitoring the he alth of appliances in the house, the condition of the car and the living space in which the whole family lives. Household rights and obligations of spouses arise from the moment of marriage and do not lose their relevance throughout family life.

Ensuring wellbeing

Promotion of well-being and joint achievement of well-being is also included in the concept of the rights and obligations of spouses. Choosing a compromise approach to communication leads to the best family interaction. The well-being of a couple implies, in addition to the material component, also an understanding and respect for the interests of the couple. Neglecting the wishes of a spouse and imposing an opinion can negatively affect family ties and lead to the collapse of a marriage.

Duties applicable to children

The mutual, briefly described rights and obligations of spouses regarding the care of children have clearly defined norms and key points that are enshrined in law. The well-being of children must be ensured in the necessaryvolume. Regardless of the distribution of forces applied by both sides. The inability of one of the couple to fulfill his half of the duties in relation to the children should be fully compensated for by the efforts of the second. This principle should 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 children, which is established in the manner prescribed by law. Bearing a name, patronymic and surname is the legal freedom of children, respectively, parents have the right to give them to their child. Also, within the framework of the family, kids have the right to be raised and be safe. Parents have an obligation to educate their children, protect their interests and rights, and ensure safety.

Property component

Disputes regarding property are most often resolved in a couple amicably. However, there are often conflicts, the resolution of which is possible only in court order. It is quite difficult to live without acquiring goods, therefore, knowledge of the property rights and obligations of spouses from the date of registration is of particular importance. It is advisable to study all legal aspects regarding jointly acquired or acquired property even before marriage.

The categories of property are clearly separated by law: personal (personal) and jointly acquired.

Personal ownership

Legal support for personal disposal of property isthat the other party can 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 private:

• inheritance received;
• tangible assets received as a gift (including equipment, winnings in contests);
• material values acquired before marriage;
• Personal use items (e.g. daily utensils, clothing, etc.), regardless of when purchased.

The exception is personal luxury items - they are categorized as shared by family members.

Children also have personal property (wear items, tools and accessories for games and sports). In addition, an infant also has the right to be given a valuable gift or receive inheritance property.

Personal items in the possession of all family members, as well as common property, constitute the common goods of the family as a whole.

The right of property character to joint benefits

Values that are subject to joint rights are property acquired during the period of marriage. The property rights and obligations of the spouses arise immediately after the legal assurance of the union and are applicable to the wages of both, accrued state payments, bank accounts, and other benefits acquired.

If it becomes necessary to divide property, most often itdivided into equal parts without considering the degree of participation in the acquisition of each spouse.

According to the code, which enshrined 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. Settlement objects may be added or changed.

Legal Advice

The rights and obligations of spouses arise from the date of marriage, but more and more lawyers recommend entering into marriage contracts (contracts) before the marriage ceremony.

When drawing up a contract, future newlyweds equally care about their security regarding material we alth. Questions on the financing of spouses, as well as the nature of the distribution of benefits in the event of a possible breakup of the couple, can be taken into account in advance. This document is a powerful tool that will help secure an existing or planned business in the event of a family breakup. If you plan to acquire material assets, it is possible to indicate in whose possession they will be.

The document drawn up and signed does not allow for the inclusion of the regulation of behavior regarding children, or the limitation of personal and other non-material aspects of relations. It is worth mentioning that the signed agreement does not deprive the right to appeal to the judicial authorities, but only serves as an assistant in the peaceful resolution of property conflicts.

According to lawyers, the division of rights and obligations of spousesarises from the date of registration, however, the registration of contractual relations is possible even after a time after the registration of marriage, only a joint agreement and the interest of the parties are necessary.

Keeping respectful relationships in any situation will allow spouses to build strong relationships and get out of problem situations with honor. Knowing the legal side of relationships, the rights and obligations of spouses in marriage, it is easy to foresee the development of various situations and direct the development of your family in the right direction.