RIGHTS AND OBLIGATIONS OF SPOUSES REGARDING MUTUAL MAINTENANCE

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From the moment of marriage, one of the significant family responsibilities is financial support for each other.

Grounds for collecting alimony from a spouse

The responsibilities of spouses for mutual maintenance are prescribed in the RF IC.

From the moment of marriage, one of the significant family responsibilities is financial support for each other. If the couple cannot voluntarily agree on the fulfillment of this obligation, then this issue is submitted to the court for decision. Married and former spouses have the right to demand financial support, if necessary.

Mutual rights and obligations of spouses

Personal and property rights and obligations of spouses arise from the date of state registration of marriage.

Personal non-property rights and obligations arise on the basis of intangible benefits and are subject to legal regulation to a minimal extent, which does not detract from their significance for marriage and family legal relations.

Fundamental to the personal rights of spouses are the constitutional provisions that define the basis of the legal status of the individual (Chapter 2 of the Constitution of the Russian Federation).

Paramount for personal rights and obligations is the principle of equality of spouses in the family (Article 31 of the Family Code of the Russian Federation). Neither spouse can take any advantage or impose his or her will on the other spouse. All issues of family life should be resolved jointly on the basis of mutual respect, based on the interests of the family.

The Family Code establishes the right of spouses to choose their occupation, profession, place of stay and residence. For example, each spouse can independently determine their place of residence. Although cohabitation is the priority, spouses have the right to decide to live separately. When one spouse changes place of residence, the other cannot be forced to follow him. Spouses have the right to choose a surname (Article 32 of the Family Code). When entering into marriage, spouses can choose the common surname of one of the spouses, keep the premarital surname, or add the surname of the spouse to their surname. In the event of divorce, spouses, at their discretion, have the right to retain the surname acquired during marriage or restore their premarital surname. If a marriage is declared invalid, the court returns the premarital surnames to the persons in the marriage. Although a conscientious spouse can keep the surname chosen at the time of marriage. A change of surname does not affect the rights and obligations of citizens and does not entail their change or termination.

Equal rights of spouses are established in resolving issues of family life: raising and educating children, paternity and maternity. At the same time, spouses are obliged to build their relationships on the basis of mutual respect and mutual assistance, to promote the well-being and strengthening of the family, and to take care of the well-being and development of their children.

Raising and educating children is the most important function of the family. The well-being and future of children directly depends on the mutual consent of parents, taking into account the interests and opinions of children when resolving important family issues. If insurmountable disagreements arise between parents, they can contact the guardianship and trusteeship authorities or the court. For example, questions about the child’s first and last name in the absence of an agreement between his parents are considered by the guardianship and trusteeship authorities. If the parents live separately, the dispute about the child’s place of residence and participation in his upbringing is resolved in court.

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The property rights and obligations of spouses arise on the basis of material benefits: property acquired during marriage and means of material support that some family members must provide to other family members (alimony obligations).

Current legislation has given spouses the right to independently determine their property relations. The Family Code, resolving the issue of property relations, establishes two modes of property for spouses - legal and contractual.

The legal regime for the property of spouses is the regime for their joint ownership (Chapter 7 of the Family Code of the Russian Federation, Chapter 16 of the Civil Code of the Russian Federation). It is valid in the absence of a marriage contract and is essentially the main one.

The regime of joint ownership applies to property acquired by spouses during marriage, regardless of which spouse it was acquired in the name of and which spouse contributed funds. Such property includes:

1) income of each spouse from labor, entrepreneurial or intellectual activity;

2) received pensions, benefits and other monetary payments for other purposes;

3) movable and immovable property acquired at the expense of general income;

4) securities, shares, deposits, shares in capital contributed to commercial organizations, as well as any other property.

The right to common property belongs not only to the spouse who directly participated in its acquisition, but also to the spouse who, for good reasons, did not have independent income during the marriage. For example, he was running a household, caring for children, getting an education, being sick or on disability.

Russian legislation does not recognize children's ownership of property belonging to their parents.

A de facto marriage relationship does not create joint ownership of property. Disputes regarding the division of property of persons who lived together without registering a marriage are resolved on the basis of the Civil Code, taking into account the degree of participation of these persons in the acquisition of property. Recognition of a marriage as invalid annuls the legal relationship of joint ownership.

Possession, use and disposal of the common property of spouses is carried out by their mutual consent. The Civil Code (Part 2, Article 253) and the Family Code (Part 2, Article 35) are based on the presumption that the spouse entering into a transaction to dispose of joint property acts with the consent of the other spouse. When making transactions with movable property, a power of attorney or other evidence of the consent of the other spouse is not required. Such a transaction can be declared invalid on the grounds of lack of consent of the other spouse only at his request, if it is proven that the other party to the transaction knew or should have known about the spouse’s disagreement. This norm was established in the interests of stability of civil turnover. To carry out transactions with real estate and transactions requiring notarization and state registration, a notarized consent of the other spouse is required. In its absence, the transaction is considered invalid. The statute of limitations is set at one year from the moment the spouse learned or should have known about the completion of this transaction.

Premarital property that belonged to the spouses before marriage, as well as property received by each spouse during marriage as a gift or by inheritance, is the separate property of the spouses. Personal items (for example, clothing, shoes), excluding luxury items, are recognized as property the spouse using them. A differentiated approach has been established with regard to items of professional activity of spouses (musical instruments, medical equipment, computer equipment). They can be classified as personal items if their value is low. Expensive items purchased with common funds are usually recognized as joint property, but when dividing property, the professional interests of the spouses are taken into account. When dividing common property, items necessary for professional activities are received by the spouse who uses them (for example, a computer will belong to a programmer, medical equipment to a doctor). If the value of such items is very high and exceeds the share due to one of the spouses, then the other spouse is awarded compensation.

Separate property of spouses may be recognized as joint property if it is established that during the period of marriage the value of the property of one spouse increased significantly at the expense of common property or at the expense of the labor and resources of the other spouse. This applies to shared items (houses, summer cottages, cars) that have undergone major repairs, reconstruction or re-equipment.

The joint property of the spouses can be divided during the marriage or after its dissolution. The division is governed by dispositive rules, i.e. it is applied only by decision of the spouses. In controversial cases, the division of common property and determination of the shares of spouses is carried out in court.

During marriage, an agreement on the division of property is made voluntarily and applies only to property already acquired. The property that the spouses acquire after the separation agreement will again be considered joint property. The separation agreement is drawn up in writing; its notarization is not mandatory and is carried out at the request of the spouses. The need for such a division may be due to foreclosure on the property of one of the spouses or the desire of the spouse to donate part of his property. Items purchased for minor children and deposits made in the name of common minor children are not subject to division.

Spouses' claims for division of common property after divorce are considered within a three-year limitation period.

The legislation establishes equality of shares of spouses in common property. In the event that one of the spouses is transferred property whose value exceeds the established share, the other spouse has the right to claim compensation. The court may deviate from the principle of equality of shares, taking into account the interests of minor children or the deserving interests of the spouse (for example, if the other spouse spent common property to the detriment of the family). In a situation where actual family relationships ceased long before the legal dissolution of the marriage (the spouses lived separately and had separate households), the court may recognize the property acquired during this time as the property of each spouse.

Thus, the current Family Code of the Russian Federation has significantly expanded the property rights of spouses. It allowed spouses to independently determine the property regime, taking into account the complex structure of the spouses’ property in the new economic conditions.

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The procedure for collecting alimony from spouses to each other

Some men think that if a wife stays at home and does not work, then she does not deserve money. Does washing, ironing, cooking and caring for a child mean it’s not hard work? When getting married, you need to understand that in addition to the ring and stamp in the passport, there are obligations to each other. The law establishes the obligation to provide financial support to spouses. These obligations apply to both husband and wife. A woman and a man can demand alimony if their situation complies with the points provided for by law. Typically, spouses voluntarily agree on the amount and timing of alimony payments. But if it doesn’t work out voluntarily, then these limits are set by the court. To do this, you must file a claim.

The plaintiff submits an application to the magistrate at his own place of residence or at the place of residence of the defendant.

Alimony is paid only in monetary units, and the plaintiff does not pay state duty.

Reasons for alimony

In order for one spouse to have the right to demand financial support from the other, the law provides for the following conditions:

Lack of peace agreement between spouses.
Refusal of one spouse to provide financial support to another, disabled person.
Availability of the necessary funds from the defendant to provide financial support to the plaintiff.

Current and former spouses have the right to claim financial support.

Methods for a peaceful agreement between spouses:

An oral agreement when the couple agrees on the amount of payments and the timing voluntarily. The amount can be completely different if it suits both parties. To guarantee payment, spouses can enter into a written agreement and have it certified by a notary. Such an agreement does not determine the living conditions and procedure for maintaining the child.
Submitting an application at the place of receipt of the payer’s income. In some cases, the party seeking support submits the application at the other party's place of work. If the company approves the application, then the payer receives part of the salary, and the applicant receives the assigned percentage.
Acquisition of property rights by a child. In the case of a gift of real estate, one of the parents is automatically exempt from paying alimony.

Who is entitled to alimony:

Disabled spouse. This is a person who has reached 55 years of age (woman) and 60 years of age (man), or is recognized as a disabled person of groups 1, 2, 3, regardless of age.
A wife during the period of bearing a child until he is three or six years old. In this case, the spouses must be officially married. If the relationship of the spouses is not registered in the registry office, then the woman has no right to maintenance. The condition applies to the husband if he is the biological father of the child.
A spouse who cares for a joint disabled child until he turns 18.

When filing a claim, the following conditions must be met:

Registered marriage, with confirmation of a marriage certificate.
Submitting a report on the income and expenses of the needy spouse.
The plaintiff must care for a disabled child.

Mutual rights and obligations of spouses, parents and children.

A man and a woman who enter into a marriage have both personal non-property and property rights and obligations.

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The personal rights and obligations of spouses are as follows.

When entering into marriage, spouses can, if they wish, choose the surname of one of the spouses as a common one or retain their premarital surname; it is also possible to unite them (double surname). Spouses are free to make decisions regarding the choice of profession, occupation, and place of residence. Personal non-property rights also include the rights:

to jointly resolve family life issues;

giving consent to the adoption of a child by the other spouse;

divorce, etc.

These rights of one of the spouses presuppose the corresponding obligations of the other (the obligation to obtain consent to the adoption of a child, the obligation not to interfere with the choice of occupation, profession, etc.).

Let's consider the property rights and responsibilities of spouses. The law distinguishes between premarital property, which belonged to the husband (wife) before marriage, and property acquired during marriage.

Property legal relations between spouses include:

alimony relations (relations of mutual maintenance of spouses)

The rights and obligations of parents, when certifying the origin of a child from these persons, arise from the moment the child is born and terminate when he reaches 18 years of age, as well as when the minor marries or is emancipated. The parental legal relationship is a set of personal and property relations between a parent and a child, regulated by the norms of family law.

The content of the parental legal relationship is formed by the rights and obligations of the parent and his child in relation to each other.

1. Parents have the right and obligation to raise their children (Clause 1, Article 63 of the RF IC). Methods and methods of education are chosen by parents themselves.
2. Parents have a priority right to raise their children over all other persons, including close relatives of the child (Clause 1, Article 63 of the RF IC).
3. Parents are obliged to take care of the health, physical, mental, spiritual and moral development of their children (Clause 1 of Article 63 of the RF IC). At the same time, parents do not have the right to cause harm to the mental and physical health of their children and their moral development (Clause 1 of Article 65 of the RF IC).
4. Parents are obliged to ensure that their children receive basic general education (clause 2 of article 63 of the RF IC).
5. Parents, taking into account the opinions of their children, have the right to choose an educational institution and the form of education for their children until they receive basic general education (Clause 2 of Article 63 of the RF IC).
6. Parents have the right and obligation to protect the interests of their children without special powers (Clause 1 of Article 64 of the RF IC).
7. Parents have the right to demand the return of their child from any person who holds him or her not on the basis of law or a court decision (Clause 1 of Article 68 of the RF IC).
8. A parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues regarding the child’s education (Clause 1, Article 66 of the RF IC), and the parent with whom the child lives should not interfere with the implementation of this rights.
9. A parent living separately from the child has the right to receive information about him from educational, medical institutions, social protection institutions and others (Clause 4 of Article 66 of the RF IC).

Amount of alimony recovery

Whether the spouses are married or divorced, alimony for a minor child is calculated in shares of the defendant’s income:

For one child – 25% of income.
For two children - 33.3% of income.
For three or more – 50% of income.

Depending on the financial situation of the plaintiff and defendant, the court may establish a lower amount of alimony payments.

If spouses agree with each other voluntarily, then the percentage amounts may be different. But if the defendant is not satisfied with the amount, and it is less than generally accepted, then a claim can be filed and the court will assign a fixed amount, taking into account the defendant’s income.

It can be summarized that in order to submit an application for alimony payment, the presence of factors that are provided for by law must be present. The timing and amount of monetary support is decided by the court, in the event that the spouses could not agree peacefully among themselves.

If there are aspects prescribed by law, then one party has the right to demand financial support, regardless of its financial situation. If the factors are not sufficient, then there is no right to demand alimony, regardless of legal capacity or availability of work.

To avoid disputes and misunderstandings, it is best for citizens who decide to have a child together to register the relationship officially. Thus, all questions will automatically disappear when filing a lawsuit, if anything happens.