Rights and responsibilities of spouses

When do matrimonial relations arise?

Living together, maintaining a common household, and even the birth of a common child - none of this gives a man and a woman grounds to be considered a married couple. And therefore, no legal relations related to marriage arise between them.

The only basis for their occurrence is marriage. As you know, it is concluded in the registry office in the personal presence of the spouses and with their mutual consent. The need for such presence and consent is due to the fact that marriage is a right, not an obligation. And such a right gives each spouse a scope of rights and obligations for which they are responsible.

Now let’s figure out at what point the rights and responsibilities of spouses arise. Marriage, as we know, is subject to mandatory state registration. It is carried out by the registry office employees a month after submitting the application, that is, at the same moment when the bride and groom are signed. It is at this moment that a marital relationship arises between a man and a woman, expressed in mutual rights and responsibilities.

Legislation

Family legislation is a very wide range of legal acts. However, the fulfillment of family responsibilities in family law is regulated exclusively. For example, the main conditions, the general procedure for concluding a marriage, the minimum age, obstacles and other points related to marriage are stipulated in.

The rights and obligations of persons entering into marriage are directly stipulated: it deals with marital relations of both a personal and property nature.

In particular, personal rights and obligations are regulated, a matrimonial property regime is established, liability for general obligations is determined, and so on. The matrimonial property regime is also stipulated by the provisions

In this context, one cannot fail to mention the Federal Law “On Acts of Civil Status”, in particular the law. It is this that determines the procedure for state registration of marriage, from the moment of which matrimonial legal relations arise.

What rights do spouses have?

Before understanding what the basic rights of married persons are, let us first note that these rights are usually divided into personal and property rights. This division is determined by the nature and specificity of the legal relations that arise between a married couple: personal rights, by definition, do not have a material expression, while the property rights of spouses relate exclusively to the material component of the newly created family and specifically each of its members.

Therefore, it is logical to consider the concept and meaning of each category of these rights separately.

Personal rights of husband and wife

Personal non-property rights of spouses are a type of subjective rights related to intangible benefits. Their peculiarity is that they have no economic content, cannot be taken away from any of the spouses, and exist as long as the marriage between them exists.

Like any other non-material rights of citizens, the personal non-property rights of spouses are inseparable from the personality of their bearers, and therefore cannot be alienated to third parties.

Russian legislation, and in particular, defines the equal rights of husband and wife in their personal relationships. The law guarantees to everyone who enters into a marital union, regardless of sex, color or nationality, the application of the principle of marital equality.

By regulating personal legal relations between spouses, the Family Code identifies the following types of rights available to them, such as:

• Freedom to choose location and permanent residence. Husband and wife are free to choose where they live, although they almost always live together. If one of them changes his permanent place of residence, the second is not obliged to follow him.
• Freedom to determine type of occupation, place of work and profession. The right of everyone to freely choose their type of activity and profession is enshrined in. Marriage does not oblige spouses to obtain the consent of the husband or wife to choose a profession. Moreover, each spouse is obliged to assist the other in choosing a profession.
• Equality in solving family issues. Apart from the topics of paternity, maternity and raising children, the law does not specify what specific family issues may be discussed. But, regardless of their nature, none of the spouses has any advantage when resolving them.
• The right to choose your future surname when registering a marriage. According to, each of the newlyweds has the right to take the other’s surname or remain with theirs before marriage. In addition, they can form a double surname and assign it to both one spouse and both.

Property rights of newlyweds

The property rights of spouses affect a more significant range of legal relations. These are relations that arise between married citizens and concerning their common property and mutual material support. Since property is the most pressing topic in the issue of property relations between spouses, we will first dwell on it.

As is known, the legislation defines 2 possible modes of matrimonial property: legal () and contractual ().

Legal, according to, is a regime of joint ownership. It is formed according to a well-known model: everything acquired by the husband and wife after the wedding is common. If the property relations of spouses are determined by law, then within the framework of such relations they have the right to:

• inclusion in common property of everything that was acquired by each of them after the wedding, including any income and property, except for those received through donations and inheritances ();
• equal ownership, use and disposal of common property, even if one of them (for example, the wife) did not have any income during the marriage and was exclusively engaged in raising children or other household chores;
• non-inclusion in common property of everything that was received before marriage, personal items (shoes, clothing, personal hygiene products), as well as the exclusive right to the result of intellectual work ();
• transfer of personal property into common property, if it is proven that the value of such personal property was significantly increased by common forces or property ();
• division of common property at any time and even without divorce () and receiving half of everything that the husband and wife acquired in marriage ();
• concluding a division agreement and dividing property in any proportions as agreed;
• proportional distribution of common debts between spouses in accordance with the shares received in marital property.

The contractual regime is a regime in which the property rights of the husband and wife are determined by the contract they have concluded. By choosing it, spouses receive the right to:

• concluding a marriage contract () and defining in it any property regime in relation to all property or even its individual types, including those acquired in the future ();
• linking individual rights under a marriage contract to specific dates or events;
• amendment or termination of a contract by general agreement or through court ();
• recognition of the contract as invalid through the court if the document makes the position of one of the spouses unfavorable, or for other reasons specified in.

Separately, it is worth noting the right of the spouse, including the former, to maintenance. The legislator specifically reserved this right for spouses who need maintenance due to incapacity for work or due to raising common children. We will talk about this a little later.

Personal non-property and property rights and obligations of spouses

The rights and obligations of spouses are non-property

(personal) and
property
.
In turn, the property rights of spouses can be regulated both by law
and
by agreement
(marriage contract).
The personal rights of spouses are: the right to choose a surname upon marriage, to jointly resolve issues of family life, to freely choose their occupation, profession, place of work, place of residence. Spouses are obliged to build relationships in the family on the basis of mutual respect, take care of the well-being of the family, the upbringing and development of their children, and issues of upbringing and education of children must be resolved jointly. The right to choose a surname upon marriage is an important personal right of spouses. Spouses, at their own discretion, choose the surname of one of them as a common surname, or each retains their married surname, or adds the surname of their spouse to their surname. This is interesting: Labor Code of the Russian Federation 2021 vacation
Personal non-property rights and obligations of spouses

Such rights and responsibilities mean the rights and responsibilities of spouses regarding intangible benefits, regulated by the norms of family law.

Personal non-property rights and obligations of spouses have the following features:

a) arise only after marriage registration;

b) are deprived of economic content;

c) possible only between spouses;

d) inalienable and non-transferable;

e) cannot be the subject of agreements between spouses, including through a marriage contract.

The personal rights and obligations of spouses are regulated by Art. 31 and 32 of the RF IC.

To personal non-property rights

spouses include:

1) the right to free choice of occupation and profession by each spouse. This means that each of the spouses has the right to manage their creative and physical capabilities and abilities for one or another type of work, to choose the type of organization, position, and working conditions, regardless of the attitude of the other spouse to this. This implements the right to free work provided for by the Constitution of the Russian Federation (Article 37) and the Universal Declaration of Human Rights. The other spouse is obliged to promote the free choice of occupation and profession, and not to interfere with it;

2) the right to freely choose a place of residence. Place of residence means the place where a person permanently or primarily resides. The place of residence of the spouses determines the place of residence of their minor children under 14 years of age; older children have the right to choose their own place of residence. At the place of residence of the spouses, the birth of their child is registered and the termination of the marriage is registered in the relevant civil registry office. The right in question means that when one of the spouses changes their place of residence, the other is not obliged to follow him. However, spouses, as a rule, live together, since separation contributes to the mutual cooling of marital feelings and the breakdown of the marriage;

3) the right to freely choose where to stay. Place of residence means the place of temporary residence of a citizen. Such a place could be a holiday home, sanatorium, hotel, hospital, etc. A spouse living in such a place is obliged, like any citizen, to register at the place of residence. In certain cases, it is possible to certify wills at the place of residence;

4) the right to jointly resolve issues of family life. A complete list of such issues is not defined in the RF IC. It specifies only issues related to minor children, such as motherhood, paternity, upbringing and education of children. However, such issues may also include issues related to the spouses personally (family planning, distribution of housework, choosing a time of rest and place of rest, choosing a name for children) and their property (paying for children’s education, providing financial assistance to relatives, purchasing things and products nutrition);

5) the right to choose a surname upon marriage and divorce. The Family Code of the Russian Federation establishes the following rules for choosing a surname by spouses:

o the exercise of this right occurs at the time of state registration of marriage or divorce in the civil registry office;

o upon marriage, spouses have the right to choose the surname of one of them as a common surname or leave their premarital surnames. In addition, the RF IC provides for the possibility of assigning a double surname to spouses (combining surnames is not allowed if the surname of at least one of the spouses is double);

o changing the surname of each spouse is possible after registering the marriage (this is done in accordance with the general procedure). A change of surname by one of the spouses does not entail a change of surname of the other spouse;

o a spouse who took the surname of the other spouse upon marriage has the right to keep it after the divorce, but he can also restore his premarital surname;

6) the right of the spouse to divorce (clause 2 of article 16 of the RF IC);

7) the right of each spouse to give consent to the adoption of a child by the other spouse (clause 1 of Article 133 of the RF IC).

To non-property obligations

spouses include the following (clause 3 of article 31 of the RF IC):

1) build your family relationships on the basis of mutual respect and mutual assistance;

2) promote strength and well-being (create and maintain a healthy spiritual atmosphere in the family);

3) take care of the welfare and development of their children.

Property rights and obligations of spouses

The insurance company divides all property rights and obligations of spouses into two groups. The first is formed by those that are subject to the so-called legal regime, the second – by contract.

Legal regime of property

spouses is the regime of their joint property, which includes property acquired during marriage, or the common property of the spouses. The insurance company classifies such property as:

– income of each spouse from labor, entrepreneurial activity and the results of intellectual activity;

– cash payments that do not have a special purpose (amounts of material assistance, amounts paid in compensation for damage in connection with loss of ability to work due to injury or other damage to health, etc.);

– movable and immovable things acquired from the common income of the spouses;

– securities, shares, deposits, shares in capital contributed to credit institutions or commercial organizations during the period of marriage;

– any other property acquired by the spouses during the marriage, regardless of which spouse’s name it was acquired in or in the name of which or which of the spouses contributed funds.

– a prenuptial agreement is an agreement. The legal nature of this agreement - whether it belongs to civil law or family law concepts - is one of the controversial issues;

– the marriage contract is of a purely property nature. It does not and cannot contain questions of a personal nature;

– parties to a marriage contract can be persons intending to get married in the manner prescribed by law. But the marriage contract comes into force from the date of state registration of the marriage;

– a marriage contract is concluded by spouses in order to determine their property rights and obligations while they are married or in the event of its dissolution.

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Marital responsibilities

Now it's time to figure out what the responsibilities of a wife and husband are in marriage. Often they are interconnected with rights: the rights of one spouse are ensured by the responsibilities of the other. At the same time, marital obligations are in the same way divided into personal, not related to material support, and property, which have a direct financial component. Typically, in this matter the legislator also proceeds from the principle of equality, assigning mutual responsibilities for the family to the husband and wife. Let's look at them in order.

Family responsibilities of husband and wife

When fixing the non-property obligations of spouses, the legislator primarily considers the interests of the family. This is due to the fact that, according to, the family is provided with state support, and according to and, it is under the full protection of the state.

All family legislation is built on the principles of strengthening the family and mutual love within it, respect and mutual assistance.

All this is reflected in, according to which marital personal obligations are responsibilities for:

• building family relationships based on mutual respect, mutual assistance and love;
• promoting the strengthening of family relationships and family prosperity;
• education and development of children, care for their prosperity and well-being.

In addition, each spouse is obliged to respect the personal rights of the other, guaranteed by family law, and therefore the list of family responsibilities should also include the following obligation:

• not interfere with the spouse’s choice of work, occupation or place of residence;
• take his opinion into account when resolving important family issues;
• respect his choice regarding his post-marital surname.

Property responsibilities of husband and wife

Despite the fact that this is not directly provided for by law, the main property responsibility of the spouses can be considered the formation of a family budget and housekeeping - all this occurs within the framework of caring for family well-being. At the same time, the law does not oblige each spouse to earn and make an equal contribution to the well-being of the family: such a contribution must be feasible, corresponding to the capabilities of each. Therefore, housekeeping is assessed in the same way as the acquisition of property for a family or the formation of a budget.

The division of property responsibilities in the family is the subject of an agreement between spouses. It is a mistake to believe that marital responsibilities to a wife in a husband’s marriage take precedence over the same responsibilities a wife has to her husband.

As in all other legal relations, the legislator proceeds from the equality of property responsibilities in the family, unless, as a result of an agreement, the husband and wife come to another conclusion.

As for the responsibilities stipulated by law, in this context the IC identifies several groups, among which:

• related to mutual maintenance of spouses;
• related to the fulfillment of obligations in relation to creditors;
• related to the performance of parental responsibilities.

Responsibilities for mutual maintenance

The alimony obligations of a married couple, including the ex, are stipulated. According to , husband and wife are obliged to mutually support each other financially. If, if there is a financial opportunity, one of the spouses refuses to support the other, including after a divorce (), they can be obliged to do so in court.

However, only on condition:

• the presence of disability and neediness of the spouse (for the former - if such disability occurred within 12 months after the divorce or if he retired within 5 years after the divorce);
• that the ex-wife is pregnant or raising a common child under 3 years of age;
• that a spouse, including an ex, is raising a common child with a disability.

Maintenance funds are collected in the form of alimony. According to , their size is determined based on the financial and family status of each spouse and is assigned in a fixed amount payable every month.

Liability for debt obligations

The community property regime applies not only to property acquired during marriage, but also to debts incurred after the wedding. Debts taken by mutual consent or by one of the spouses are considered to be common, if everything received was used in the interests of the family.

According to the general obligations of the spouses, they are liable with their common property.

If there is no such thing or it turned out to be insufficient to cover the debts, the collection becomes joint and several in nature, after which the spouses will each be liable for common debts with their personal property (acquired before marriage or received as a result of a gift or inheritance).

If we are talking about personal debts, then each spouse is initially liable for them with his personal property, and if it is not enough, with shares in the common marital property.

The obligations of each spouse include obligations arising from debts:

• appeared before marriage;
• taken for the personal needs of the husband or wife;
• inherited by the spouse;
• arising as a result of damage caused by the spouse, and so on.

Parental Responsibilities

A separate group of obligations is parental responsibilities. They should not be considered in the complex of marital obligations, since the rights of parents and children exist regardless of marital status and apply even if the mother and father were never married at all. However, children are more common among married couples, so we will consider these obligations together.

Thus, the main property responsibility of spouses-parents, according to , is the obligation to support their minor children. The form and procedure for such maintenance are determined by the spouses by mutual consent.

In the event of a divorce, this obligation remains with both parents: the one with whom the common child does not live will have to pay alimony for his maintenance.

Please note that by maintenance we mean not only the provision of food, but in general the full feasible provision of the child’s vital needs: from purchasing clothes and shoes to paying for children’s clubs, camps and treatment.

Personal non-property rights and obligations of spouses

After state registration of marriage, spouses have personal and property rights and obligations.

Personal legal relations

– these are relations established by the norms of family law that arose between spouses after they registered their marriage and aimed at legally securing their non-property rights and obligations.

They have their own specific features:

arise only between spouses from the moment of state registration of marriage; based on the equality of spouses; have no economic content; are of a purely personal nature, and therefore inalienable and intransferable; do not depend on the joint or separate residence of the spouses; terminate with the end of the marriage. Each spouse enjoys a whole range of rights, which he must use both in his own interests and in the interests of other family members. The range of personal rights is quite wide.

Spouses have the right to:

- choosing a surname when concluding a marriage or ending it;

- complete equality in the family;

- free choice of occupation, profession, place of stay and residence;

- resolving family life issues taking into account the opinion of the other spouse;1

- motherhood, paternity;

— establishing a first and last name for the child;

— raising and educating a child;

— termination of pregnancy, artificial insemination and embryo implantation.

However, this list is not of any restrictive nature and other rights may arise during the period of marriage.

As in any legal relationship, its parties, along with the rights granted to them by law or contract, bear responsibilities. Participants in family legal relations are also obliged to respect the rights of other family members.

Spouses are obliged:

- build your family relationships on the basis of mutual respect and mutual assistance;

- promote the well-being of the family;

- contribute to strengthening the family;

- take care of the well-being and development of their children;

- take care of promoting the health, physical, mental and moral development of all family members;

- take into account the opinions of the spouse and other family members when resolving various family issues;

- do not create obstacles for the spouse when choosing his surname upon marriage;

- do not interfere with the spouse’s choice of occupation, profession, place of stay and residence;

- do not violate the rights, freedoms and legally protected interests of other family members.

Spouses have the right to choose a surname when registering a marriage. This right applies to personal non-property legal relations arising between spouses.

When getting married, they are free to choose a surname. The law does not provide for any advantages of a husband over his wife or, conversely, a wife over her husband in this matter.

Article 31 of the Family Code of the Russian Federation establishes a rule stating that spouses, at their own discretion, choose the surname that they will bear in marriage. They have the right to choose one of them as a common surname, or each of them can retain their premarital surname or, unless otherwise provided by the laws of the constituent entities of the Russian Federation, add the surname of the other spouse to their surname. However, combining surnames is not allowed if the premarital surname of at least one of the spouses is double.

A person has the right to change his surname. But a change of surname by one spouse does not entail a change of surname of the other spouse.

The termination of a marriage is not grounds for changing the surname. This issue is resolved by the spouses at their own discretion. Any of them can keep the common surname or restore the premarital name.

Features of the implementation of family legal relations

The law allows spouses to independently decide to what extent they will dispose of their rights. At the same time, taking into account the general requirements and principles of civil law, the implementation of the opportunities provided to spouses and the obligations assigned is limited to certain limits:

• firstly, their implementation should not violate the freedoms and interests of other spouses or third parties, including children (for example, when a husband deliberately leaves the family, exercising his right to choose a place of residence, he violates the right of his child to live with his parents) ;
• secondly, abuse of marital rights is unacceptable (for example, when a wife terminates her pregnancy for the sake of a career, although her husband is against it, she essentially “usurps” the right to resolve important family issues);
• thirdly, they must be used for their intended purpose, taking into account the requirements of morality and compliance with the law.

At the same time, the exercise of family rights and the fulfillment of duties has some features due to their specificity. In particular, we are talking about:

• the personal nature of the implementation - the rights and responsibilities of spouses cannot be delegated to anyone;
• the ongoing repeated nature of their implementation both through the commission of actions and inaction;
• their existence exclusively within the framework and during the period of marital relations;
• the fact that many rights at the same time have the nature of an obligation and are subject to unconditional implementation;
• social significance of marital relations.

Measures to protect marital rights

Since family and matrimonial rights are subjective and personal in nature, it cannot be ruled out that they may be violated. In this case, the law provides for protective measures - these are instruments of legal influence designed to stop or prevent violation of family rights. Family legislation does not focus on such measures in a separate article of the Family Code, defining the possibility of their application in the rules governing certain rights of spouses.

Thus, the protection of family rights is carried out by such measures as:

• division of property of spouses (), including in unequal shares, as a measure to protect the rights to common property;
• cancellation and invalidation of a marriage contract through the court (UK);
• collection of alimony for spouse and child (, ) as a measure to protect the right to maintenance;
• establishing paternity () as a measure to protect the rights of the child;
• protection of parental rights, including the removal of a child from the person illegally detaining him ();
• recognition of the marriage as invalid and the consequences of this decision ( ).

Family legal responsibility

In contrast to protective measures, family law liability is a measure of influence on a violator of family rights, applied exclusively to participants in family legal relations and expressed in adverse consequences for violators.

The responsibility of family members often depends on the will of the person whose rights are violated. Moreover, it can be established both by law and by agreement (for example, an alimony agreement).

The mandatory conditions for its application to the violator are the presence of the fact of illegal behavior, the guilt of the person in it and the presence of the result of such illegal actions.

The most common measures of family legal responsibility should be considered:

• penalties and losses caused by non-payment of alimony for minor children ();
• deprivation of a father or mother of parental rights caused by their guilty behavior towards the child ();
• penalty for arrears of alimony for spousal maintenance in accordance with the agreement () and so on.

List of women's commitments

It is necessary to imagine a set of responsibilities that society positions as extremely significant and necessary. The need to conform to established standards is dictated by the need to feel like a socially approved person. This list needs to be realized even before marriage in order to deal with less stress.

Maintaining warmth and comfort

Organizing your home space is a troublesome and responsible task. Creating a cozy environment requires a person to have a lot of concentration and the ability to have an intuitive vision. Unlike a man, a woman has refined taste and the ability to feel the situation from the inside. She knows how best to arrange furniture in an apartment, what textiles to choose, what to look for when choosing an interior.

Maintaining warmth and comfort is the result of everyday internal work, decisions that are made deep in the heart. If you look at some routine tasks from a different perspective, you will find that there is an element of creativity in them. No two housewives are alike and each tends to act independently. For this reason, two women rarely coexist in the same territory, even if they are mother and daughter.

Taking care of your spouse

The husband requires attention and care. In a family, a woman usually takes on the role of the permanent keeper of the hearth and the one who tries tirelessly for all members of the household. Feminine nature implies care, kindness, affection and attention. Selfless dedication only adds to her inner beauty. A mother and wife strives to be needed, to do something useful.

You always want to impress your husband, look neat and attractive. The more time and attention you pay to your significant other, the easier it becomes to achieve a state of inner harmony.

Taking care of your husband means taking into account his needs, asking about his mood and plans for the future. An intelligent woman knows that she should praise a man and try to criticize him as little as possible. It is better to express disagreement as a specific request, but not by shouting or reproaching.

Cleanliness and tidiness

Most men generally take these things for granted. A house where everything glitters is perceived by many as a normal phenomenon, as if it could not be otherwise. In fact, it takes a lot of effort for a woman to put her apartment in order and keep it clean. A lot of resources are spent on this activity - both temporary and mental.

Keeping your home in order requires responsibility. So that these things do not take you by surprise, you need to learn to gradually accept certain obligations. Even before marriage, living in your parents' house, you need to take on some of the household chores. Then family life will be easier: there will be more time for other things, cleaning will not be perceived as something catastrophic.

Cooking

It just so happened that from time immemorial women were engaged in cooking. Representatives of the fairer sex cope with this responsibility easier and better. The fact is that food also has a hidden sacred meaning. By investing her strength, the girl fills her food with positive energy. In the end, it turns out delicious, it’s nice to sit at a set table and have a heart-to-heart talk.

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You don't have to spend half your day in the kitchen surrounded by pots and pans. Nobody demands that culinary masterpieces appear on the table every day. The main thing is that when coming home, the husband knows that a delicious hot dinner awaits him. Cooking is a highlight that should not be forgotten if you want to become a good housewife and attentive wife.

Housekeeping

Household management rests on the woman's shoulders. The apartment completely reflects the inner world of a woman with all her fears and doubts. She always knows where this or that thing is. And this is no coincidence. The man in the housekeeping department feels much more helpless.

A woman intuitively knows how to remove a stain from a dress or preserve a jar of cucumbers. If you add experience to this, you will get an excellent result. Usually girls learn this from childhood, adopting positive experiences from their mother. Housekeeping becomes not a privilege, but a necessity.

Pleasure in bed

The intimate sphere is an integral element of married life. The degree of satisfaction with each other, the ability to make an impression and overall emotional satisfaction depend on its quality.

An intelligent woman strives to leave her husband satisfied with the quality of sexual interaction. This does not mean that she strives to adapt to him in everything, but she takes into account his desire and mood. Intimate life cannot be relegated to the background. The understanding achieved in bed extends to other areas of life and affects the quality of communication.

Having and raising children

The responsibility of caring for the child also falls on the woman's shoulders. If at this stage of her life her husband helps her, then this is great happiness. After all, some have no one to share these responsibilities with, and have to do everything alone.

Raising children is not the easiest task and requires a lot of concentration and responsibility. It is necessary to instill in them positive behavior patterns, a healthy and objective view of things. This means that you will need to spend a lot of time with the children. Mothers often help with preparing homework and know all of their child’s friends.

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Legal relations of cohabitants

The law in no way regulates the legal relations of cohabitants in a “civil marriage”. This is what is commonly called the cohabitation of a man and a woman without actual registration of family relationships. However, according to, the main condition for recognition of a relationship as a marriage is its registration in the registry office, therefore actual cohabitation does not give rise to all the marital rights and obligations described above.

This is connected not only with marital, but also with all other legal relationships. For example, the rights of a “common-law wife” after the death of her husband do not allow her to inherit from the deceased. If such a “wife” becomes unable to work, she will not be able to demand maintenance from her cohabitant. She is not granted the right to use the living quarters of her cohabitant, guaranteed to other family members in accordance with.

Moreover, if they suddenly have children together, the father’s rights to the child, as well as paternal responsibilities, will arise only after submitting a joint application to the registry office. However, this will not affect the rights of the child himself.