Every woman is responsible for her family. It is on her that the atmosphere and well-being depend. After all, a woman is obliged to keep the house clean, to raise children and pay attention to her husband. and at the same time remain kind, gentle and soft? It turns out that becoming an ideal wife is not as easy as it seems. In the article, we will consider what duties of a wife to her husband are distinguished.

What is marital debt?

Many couples believe that in this case sexual relations are implied. However, psychologists say otherwise. Marital duty is a moral relationship, such as fidelity, honesty, duty to the second half, conscience. Every person who marries is obliged to remember that a great responsibility for the family has fallen on his shoulders.

V living together morality - above all. After all, intimacy does not always help solve problems. Therefore, many couples value support, care and friendship in their partner.

In the family, much depends on the wife. As she initially distributes responsibilities, so in the future the life of the spouses will develop. Support your other half, take care of her - and you will have a strong, friendly family.

Basic women's household duties

Each jointly establishes life. As a rule, the man is the earner, and the woman is the keeper of the hearth. Therefore, it is necessary to create such conditions that the beloved would like to go home after work. To do this, the dwelling should be cleaned and a pleasant cozy atmosphere created.

The duties of a wife at home include many tasks. One of them is cooking. The wife must prepare dinner in advance, before the arrival of her husband. It is best to create a romantic atmosphere. In such an environment, the husband will be happy to come.

Try to never leave dirty dishes after eating. This is considered bad manners. Perhaps your loved one will not remark to you, but it will be unpleasant for him to see dried dirt in the kitchen.

Greet your loved one with a smile. After all, after labor day I want to relax and get positive emotions. Arrange as often as possible romantic evenings where there are candles and light pleasant music.

When the husband is going to work in the morning, he should put on clean, ironed clothes. She has to take care of her beloved. Prepare the necessary things in the evening so that the husband does not run in the mornings and does not look for what to wear.

Wives are not limited to this. In fact, there are a lot of them. Read on.

Beauty and grooming

When you are waiting for your husband from work, you have prepared dinner, the house is clean and comfortable, you need to remember about yourself. Despite her fatigue, the wife should always look clean and tidy. The husband is pleased when he comes not only to cozy house but also sees a beautiful wife.

Try to change clothes for the arrival of your beloved, do your hair, apply light makeup. After all, many women eventually forget about themselves. They argue that there is no time to put yourself in order for household chores, but you can devote only five minutes to your appearance! Self-care is also part of the wife's marital duties.

Support

It is important for any person to have a good and reliable friend. Therefore, spouses should be not only excellent lovers, but also devoted friends. It is very important for a man to know that he can completely trust his beloved. After all, no matter what happens, the wife should always support her husband and be on his side.

A woman is obliged to inspire her beloved. If he doesn’t get along well at work, you don’t need to blame him for this. He may not have found his place yet. Try to help your spouse find himself. After all, a man, like any person, only thanks to the support will be able to change his life for the better.

Give your loved one your positive energy. A wife is the foundation by which a spouse becomes a successful person. Do not complain, do not be offended by your spouse when something does not work out for him. This only makes the relationship worse. After all, your depression passed on to the husband, then he becomes irritable and unsure of himself. The duties of a wife in marriage are very important. After all, the future of the family depends on it.

A man likes when a woman admires him. Try to talk as often as possible about his abilities, talents and masculinity. For the stronger sex, the opinion of the beloved is very important. If he sees that he is admired, then he will exceed all your expectations with his achievements.

The authority of the husband is an important criterion in marriage

Since ancient times, it has been established that a man is the head of the family. Trust your loved one, prove to him that you value and respect his opinion. Do not teach him life, because you are not a mother to your husband, but a beloved woman. Remember: a man should be an authority for the family.

When your loved one makes an important decision, support them. Explain that you trust him. After all, he is the main person in the family. If you have children, then they should know: dad is an authority, he must be obeyed and respected.

A man is a leader, protector and breadwinner. This position will not allow your loved one to give up and droop. He will always know what his family needs, that is, his wife and children.

If a spouse raises the authority of her husband in the eyes of parents, children and friends, he automatically becomes a successful person. When your spouse knows that you have hope for him, he will do everything possible not to let you down. He will be able to earn money, build a career and pay attention to his beloved children and wife. To raise the authority of the husband is also the duty of the wife in the family.

Loyalty

Devotion is an important and not always achieved criterion in marriage. Loyalty speaks of love and respect for a person. If the wife allowed herself to cheat on her husband in his absence, it’s hard to talk about the strength of the marriage. Loyalty is first and foremost respect for a loved one.

However, in the modern world, there are spouses who agree on this in advance. As practice has shown, such marriages break up quickly. Sooner or later, one of the spouses begins to be jealous of the opposite sex.

Try to take care of strive to be needed, attractive to your spouse. Each person can be faithful to the second half, you just need to really want it. If you want to save and strengthen your marriage, do not look for adventures on the side.

For a wife to remain devoted to her husband, not only excellent friendships are needed, but also sexual ones. Much depends on the intimate side of life, including the fidelity of the spouses. To date, there are many ways to diversify sex. Show your imagination and bring it to life. You will notice immediately how your relationship will change for the better.

Wife and kids

Working as a mom is very difficult. How could it be otherwise! Of course, the wife must, even is obliged to give birth to children. If the husband works hard, then most of the upbringing of the kids falls on the shoulders of the women. This is the hardest work that requires a lot of patience, attention and understanding.

The wife is obliged to be affectionate, kind and gentle with the children. Babies should love their mom, not be afraid. When a husband sees his wife's attitude towards children, he appreciates her even more. However, the mother should strive to ensure that the father, in his spare time, helps to raise children. Tell your loved one how to properly communicate and play with the child. After all, children need more than just a mother. The father is also very important in the life of the kids.

Satisfaction

To keep your husband faithful to you, try to diversify your sex life. The beloved must satisfy the man so that he does not even have the thought of looking for sexual relations with other women.

If your husband likes to be alone with you, try not to tell him daily that you are not feeling well. Sooner or later, a loved one will get tired of such behavior. Sex is one of the important components in family relationships.

Nice talking

A woman should not constantly swear and scream. This kind of behavior does not make her happy. Pleasant and calm communication is an important quality. This behavior speaks of respect for the beloved.

Calm communication can smooth out any conflict, thanks to which it will be possible to reach a compromise. Polite speech shows respect for your spouse and children. The future of your family depends on communication.

Men are more quick-tempered, so the spouse should take the initiative into her own hands. Try to smooth out sharp corners, teach your husband to communicate calmly. Nerves and screams greatly affect health. Don't waste your time on such trifles. It is better to find a way out of a difficult situation together.

Wife's rights in marriage

The wife has not only family responsibilities. There are also the rights of a wife in marriage. After all, she should not only run a household, but also do her favorite thing. Therefore, a woman has the right to choose a profession. A husband should not forbid his wife to do what she loves. Not every woman is able to sit at home for a long time and pay attention exclusively to her family. Only a spouse can combine work with household chores.

If the wife agreed to meet with her friends, sit with them in a cafe or go to the cinema, she does not need to forbid. Every person has the right to privacy. Sometimes you want to be away from home and have fun.

The wife has the right to pay attention to her beloved. She can visit a beauty salon or go on vacation. After all, sometimes everyday problems are oppressive. After relaxation, she will feel a new surge of strength for household chores.

Conclusion

We have considered the basic rights and obligations of a wife to her husband. However, most ladies are unlikely to agree with this. Therefore, in many families, the duties of the spouses are divided equally. If the wife cooks the food, the husband does the dishes. One of the spouses wipes the dust, the other vacuums, etc. However, do not forget that the woman is the keeper of the hearth. Much depends on her in the family: fidelity, friendship, intimacy and much more.

We found out what responsibilities a wife has in the family. But in order for the spouse to be an ideal mother and mistress, she needs help in this. The husband can take the initiative himself and send his beloved to rest. Let her go alone. Daily everyday problems periodically oppress a woman. This sometimes leads to depression. Therefore, it is necessary to help your beloved.

In order to maintain interest in a man, many women periodically change their image. At the same time, they remain gentle, kind, loving, ideal wives whom you want to cherish and protect.

Marriage involves the emergence of certain relationships between spouses, regulated by the Family Code of the Russian Federation. The rights and obligations of spouses are divided into personal, concerning family relations and liabilities, as well as property. The latter relate to the rights and obligations of spouses in the use of personal and joint property.

Personal rights of spouses

The legislation of the Russian Federation prescribes the principle of equality of both spouses. Personal rights suggest:

• free choice of type of activity and work;
• the right of spouses to determine the place of residence;
• joint solution of issues of upbringing and education of children and other aspects family life.

Separate provisions on the non-property rights of spouses in marriage relate to the right to choose surnames:

• when entering into marriage, it is allowed to determine the surname of one of the spouses as a common one or both to remain with their surnames;
• the formation of double surnames is allowed, provided that none of the spouses had one;
• changing the surnames of husband and wife does not imply a mandatory change of that of the spouse;
• upon dissolution of marriage, everyone has the right to keep the family name or return to the premarital surname.

In this case, the personal interests of the spouses should not infringe on the rights of each other. To this end, the law prescribes certain obligations.

Personal responsibilities

Personal duties of husband and wife are closely related to their rights and are based on the same principles of equality. This issue highlights the following aspects:

• building relationships based on mutual assistance and respect between spouses;
• the obligation to contribute to the strengthening of the family, the preservation of its values ​​and well-being;
• care for children, attention to their well-being, health and development.

The duties of the spouses also include taking into account the opinions of each other when resolving family issues. In certain cases, the law provides for the written consent of the spouse to certain actions. These include situations where the decision of one affects the interests of the whole family.

Property rights

Property relations between husband and wife include all issues related to the exploitation of joint and personal property. They arise from the moment the family is created. To define the basic concepts, the following should be taken into account. legal regulations:

• personal property includes items of private use - things, hygiene products;
• the right to personal property on the basis of individual use does not extend to luxury items and jewelry;
• personal property of joint use includes property acquired before marriage, or after its conclusion on a gratuitous basis - its donation, inheritance;
• other property acquired during the years of marriage is considered jointly acquired and equally belongs to the husband and wife;
• the property rights of the spouses do not apply to the property of children and other family members - personal belongings, as well as documented possession, while there is an obligation to preserve it.

The property right of husband and wife implies the joint use of common property, as well as personal property on the basis of an agreement. Legislation allows the conclusion of a marriage contract to regulate certain property relations.

It is prescribed that when drawing up such a document, the norms of law and mutual respect of a husband and wife should be taken into account. If the terms of the contract violate legal aspects, prescribe unequal obligations and infringe on the interests of one of the parties, the contract is declared invalid.

Property obligations of spouses

The main property obligations of husband and wife are determined by the formation of the general family budget and household. The law does not prescribe the obligation of both spouses to earn. It is understood that housekeeping is the same contribution to the family as earnings.

This principle also defines the concept of jointly acquired property. If the husband earns, and the wife takes care of the house and children, then the acquired property is considered common. It is subject to the general norms of the rights and obligations of spouses. Also, personal property becomes joint property in a situation where it has been significantly improved in marriage. For example, a major overhaul of a house received by inheritance.

A situation may arise when one of the parties evades property obligations. In this case, the law provides for the appointment of alimony payments. Such obligations may also be prescribed before the dissolution of the marriage if one of the parties shirks from making a contribution to the family welfare. Duty to child support before divorce determined in the following situations:

• the spouse is incapacitated and needs help and care;
• wife is pregnant or in maternity leave child care up to three years;
• wife takes care of a child recognized as disabled since childhood.

The property obligations of parents include the preservation of the property of children. If the child owns shared property in parental home It is the duty of husband and wife to keep this property in good condition.

The same duty is determined in relation to property received from other relatives. For example, if a child inherited an apartment, but does not have the right to take possession of it until the age of majority, the parents assume the responsibility for its maintenance and care.

Divorce with division of property

In the event of a divorce, the law also prescribes equal rights of spouses to jointly acquired property. In certain situations, the court may determine the share of a wife with children more on the basis of need. However, for such a decision, strong arguments must be presented.

In a standard situation, the division of property in a divorce is carried out taking into account the equal rights of both parties. If the property is personal, documents proving that it was received before marriage or free of charge should be submitted.

Children's property is not subject to division. Even if it is determined by a share in a jointly acquired apartment, the parties have the right to divide only their property. The sale of such real estate is carried out only with the consent of the guardianship authorities, on the condition that in the new housing the children will receive a share no less in area or value.

So, today we will study with you the Family Code of the Russian Federation. Or rather, only those of its components that speak of 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 rights and obligations do families have? What features do they have? It is not so difficult to understand and remember all the proposed norms and provisions. Every citizen of the Russian Federation is familiar with them at least in words.

Personal rights

The rights and obligations of spouses are the first thing you should pay attention to. They play a huge role and, as a rule, arise even before the couple becomes a full-fledged family with children. All rights can be divided into several categories. But do not be afraid - the classification is not so difficult.

The first point worth paying attention to is the so-called personal non-property obligations of the spouses, as well as similar rights. They are directly related only to the 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. It, as you might guess, concerns property and related disputes.

The obligations of spouses, as well as their property rights, are a very serious issue. Usually, it refers to the rules for belonging to something in the family. And the division of property in a divorce or certain circumstances should also be remembered. That is why this category is considered extremely important. Especially when the couple gets divorced. 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 divorce. According to modern Russian legislation, even after the dissolution of the marriage, you will have a certain responsibility. Or rather, obligations.

Duties former spouses are usually limited to child support 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 obligations of the spouses in marriage can also turn out to be alimony. But such cases are extremely rare. More precisely, there are obligations of this type in themselves. But they are implemented only occasionally and only at the request of one of the parties. So take that into account.

Surname choice

Now a little more about each class of rights. Let us 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 the full right to freedom of choice of a surname during the registration of marriage. Most often, a woman takes the surname of a man. It also happens vice versa. But these are just unspoken rules. According to modern legislation, citizens in the country can choose for themselves which surname to keep.

What options are available? Non-property rights / obligations of spouses indicate that you are able to take your husband / wife's surname, as well as leave your maiden name. Among other things, merging 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 maiden one, or take the one that the husband / wife has. No other is given.

Full equality

But that's not all. After all, the non-property obligations of the spouses, as well as similar rights, include another very interesting point. Many in marriage forget about him at all. What is it about?

About equality. According to the Family Code of the Russian Federation, spouses in marriage are absolutely equal. There are no masters and subordinates. In addition, they are actually free. Or rather, they can choose their own work, hobby, 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 their opinion on you, as well as "swing rights" regarding how to live. Everything should be built only on equality. But, as already mentioned, this point is often simply forgotten. And citizens are trying to single out a leader in the family who will fully control everything that happens in the "cell of society", and also take the spouse "under his wing". Remember: according to modern laws, husband and wife have equal rights.

Duty

Among other things, it is worth paying attention to the immediate obligations of the spouses (non-property). There are not so many of them. In the Family Code, in general, only a few lines are allocated for this item. But they are extremely significant and important.

What does it say? The fact that spouses are equal in marriage and are obliged to build their relationship on the basis of trust, equality, understanding and mutual assistance. They must also jointly resolve issues related to motherhood and fatherhood (the birth of children), help improve relationships and provide a favorable atmosphere for the growth and development of their babies.

Property types

And now we can talk a little about what are the family obligations 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 there are a lot of things to take into account.

There is personal property. This is something that belongs separately to each of the spouses. This usually includes all property acquired before the marriage. And issued to the husband or wife, respectively. This also includes gifts received after official registration (with the exception of jewelry), donations, personal items (clothes, shoes, and so on).

The second option is 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 deeds. They will be considered the personal property of the person to whom the registration took place. Such rules are provided by family law. The rights and obligations of spouses differ depending on the type of property. What exactly?

Chapter

Separation. Usually this moment begins to interest citizens when they get divorced. During such periods, disputes are extremely difficult to avoid. So here comes the help family law. The rights and obligations of spouses in relation to common property are equal. Remember the equality that takes place in families! What does it mean?

The fact that in a divorce the common property will be divided equally. That is, half - to you, and the second half - to your spouse. This is the principle that usually works. But personal property is not divided. In other words, what belongs to you will stay with you. And in a divorce, this property will not be taken into account. Only jointly acquired.

Recognition of common property

But the features of property obligations and rights of spouses do not end there. Personal may be recognized in some cases as general. Especially if we are talking about any real estate. For example, an apartment.

Under what conditions is personal property recognized as jointly acquired? If the second spouse significantly "invested" in the property and thereby improved its condition and increased the final cost. For example, items such as repair, reconstruction, redevelopment, and so on can be included here. Nothing difficult.

The main problem here is to prove your investment in the property. Therefore, it is recommended to keep all receipts and payment documents with your expenses. Sometimes they can help you restore justice, as well as recognize personal property as jointly acquired. True, few people think about this issue during marriage. And during family life too. Nevertheless, this kind of moment should not be overlooked - life is unpredictable, no one can tell you exactly how it will turn out. So, once again, it is clearly worth playing it safe. There is nothing criminal or special in this, ordinary human caution.

Marriage contract

Property relations in marriage among citizens can be regulated in a special way. There is such a thing as marriage contract. The obligations of the spouses in relation to common property are regulated by this document. It is more and more common in Russia. But so far it is not in great demand. After all, some believe that this is the height of mistrust to 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 jointly formalized relationships, 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 specifies the obligations of the spouses in relation to the jointly acquired property. Both past and future. In addition, here you can prescribe the features of its division. You can not specify items that are contrary to the Family Code, as well as infringe on the rights of the second spouse or put him in an unfavorable position.

Alimony obligations

And now a little more about alimony. 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 (or adopted / adopted).

What is it about? Alimony "for children" is paid until the child reaches the age of majority. And without fail. Spouses in a divorce can agree verbally on how much will be paid per child. But more often than not, they go to court. Based on the earnings of one of the spouses (with whom the baby will not live), a fixed monthly payment. When it comes to new parents, the maintenance ex-wife Alimony will also be awarded. But only until the child's 3rd birthday. And during pregnancy, a woman is also entitled to this payment.

In addition, some categories of citizens may demand material support from the "former" after the divorce. As already mentioned, firstly, these are women during pregnancy and within 3 years from the date of birth of the child. Secondly, a needy spouse who cares for a disabled child until he reaches the age of majority, or for a disabled child from childhood of the 1st group. Thirdly, disabled spouses who became disabled during the marriage, as well as within a year after the dissolution of the union. Fourthly, a needy pensioner can apply for alimony after a divorce if you have been married for a long time, and more than 5 years have not passed since the achievement of retirement age. Everything is easy and simple.

family responsibilities

But do not forget about the family side of our today's issue. After all, the main thing in marriage is not the division and receipt of property, divorce and some personal interests. Not at all. The marriage union is, first of all, the conduct of a common life, the conduct of joint leisure. So, do not forget her and the family responsibilities of the spouses.

What's included? Husband and wife should lead a joint life, live together (separate stay from each other, as a rule, is not recognized as a family in society), 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 duties of spouses in marriage include supporting and helping each other. As well as providing for common minor children. Each parent is obliged to provide the child with everything necessary for proper growth and development. Financial issues and issues related to providing for the family and housekeeping are resolved jointly. Usually women "take care of the house" and men earn money.

Plus, it is possible to share household chores. It is a very common option that helps to 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 give up housekeeping for the sake of building a career. In any case, the spouses must decide all these nuances together. Preferably even before marriage. This technique will help you avoid divorce if you have any disagreements.

Children and parents

The rights and obligations of spouses and children is a very interesting, important and relevant point. We have already found out that the spouses are obliged to support each other financially. Also, by mutual agreement, one of the spouses may be dependent (usually at the expense of housekeeping). In addition, until the age of 18, parents are obliged to fully support and provide for their minor children.

But after that, certain responsibilities appear in already grown babies. And in relation to parents. All children must 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 for child support, which will be paid by the children. And everything. But here the amount of payments can be assigned differently. Do not rush to rejoice. To apply for child support, you must be:

• needy pensioner, and disabled;
• disabled.

Also an important point - you must comply with your parental obligations. If it is proved that the debt as a parent has not been fully fulfilled, the children have the right not to pay child support.

Indeed, they are in a very disadvantageous position. Maintenance of parents must take place in any case. And it doesn't matter if you are able-bodied and capable. If not, the support amount will be collected from your benefits and benefits you receive. Besides, it doesn't matter if you need it later or not. Even if you have minor children who already need to be provided for. Learn it.

But emancipated children and those who are married before the age of 18 have the right to complete exemption from alimony to their parents. In any case, in the second option for sure. In the first, everything will depend on the reasons for which the child received emancipation. If the parents did not fulfill their obligations, they cannot apply for alimony.

That's all. Now it is clear what duties of spouses, as well as children, take place in the Family Code. As you can see, it is not so difficult to understand all this. Most importantly, remember that everyone is equal. And you need to build relationships based on trust, love, understanding and mutual assistance. The personal obligations of spouses, their rights, as well as the interests of children are protected by Russian law.

In accordance with paragraph 2 of Article 10 of the Family Code of the Russian Federation, the rights and obligations of spouses arise from the date of state registration of marriage in the registry office and are divided into personal rights and obligations of spouses and property rights and obligations of spouses.

Personal rights and obligations of spouses

Chapter six of the Family Code establishes the personal rights and obligations of spouses. Please note that the personal rights and obligations of the spouses are not of an economic (material) nature.

Article 31 of the Family Code of the Russian Federation establishes the equality of spouses in the family, which implies:

The right of each spouse to free choice of occupation, profession, place of stay and residence. All issues important for the family are resolved only by the spouses on the basis of voluntary will and the principle of equality of spouses in the family, any outside interference is unacceptable.

Joint decision by the spouses of issues of motherhood, fatherhood, upbringing and education of children and other issues of family life.

The duty of spouses to build their relationships in the family on the basis of mutual respect and mutual assistance, to promote the well-being and strengthening of the family, to take care of the well-being and development of their children.

Article 32 of the Family Code of the Russian Federation enshrines the right of spouses to choose a surname, which implies:

The spouses, at their will, choose the surname of one of them as a common surname at the conclusion of marriage, or each of the spouses retains his premarital surname, or, unless otherwise provided by the laws of the constituent entities of the Russian Federation, adds the surname of the other spouse to his surname. The combination of surnames is not allowed if the premarital surname of at least one of the spouses is a double one.

A change of surname by one of the spouses does not entail a change in the surname of the other spouse.

In the event of a divorce, the spouses have the right to retain their common surname or restore their premarital surnames.

Property rights and obligations of spouses

In accordance with the rules of family law of the Russian Federation, the property rights and obligations of spouses are divided into relations regarding:

Marital property (property acquired by spouses during marriage);

Mutual material content (alimony obligations).

The legislation of the Russian Federation provides for two types of matrimonial property regime

Legal regime of property of spouses.

This is a regime of joint property of spouses. Ownership, use and disposal of property acquired during marriage, and division upon dissolution of marriage is carried out according to the rules provided for by Chapter Seven of the Family Code of the Russian Federation.

The contractual regime of property of spouses.

The property rights and obligations of the spouses during the period of marriage and (or) its dissolution are determined by the agreement of the spouses in the marriage contract, in which they have the right to deviate from the legal regime of the property of the spouses.

3. Forms of placement in the family of children left without parental care

a) adoption

Adoption (adoption) - adoption for upbringing of children who have lost parental care, with the establishment between the adopted child and the adopter of the legal (personal and property) relations that exist between parents and children.

Under Russian law, adoption is allowed only for minor children. Adoption is carried out by the court at the request of persons wishing to adopt a child, in the manner of special proceedings in accordance with the rules of civil procedural legislation.

Adoption procedure children (procedures, lists of documents and deadlines) was established by Decree of the Government of the Russian Federation No. 275 dated March 29, 2000 “Rules for the transfer of children for adoption (adoption) and monitoring the conditions of their life and upbringing in families of adoptive parents on the territory of the Russian Federation”.

The main stages of the adoption procedure for Russian citizens are:

Contacting the guardianship authorities at the place of residence and getting to know the employees responsible for working with adoptive parents.

Passing medical examinations, collecting certificates and preparing the necessary package of documents.

Submission of the collected package of documents to the guardianship authorities, consideration of documents by a guardianship specialist, examination of housing conditions and execution of an act of this examination.

Obtaining a conclusion on the possibility of being an adoptive parent.

Search for a child. Obtaining a referral to get to know the child (children). If there are no children's institutions at the place of one's own residence or it was not possible to pick up a child, then an appeal to any other guardianship authority or to the regional operator of the data bank on children left without parental care with a conclusion on the possibility of being an adoptive parent.

Acquaintance with the child, if desired, an independent medical examination of the child, making a final decision on the desire to adopt this child.

Filing an application to the court, waiting for the date of the court hearing. At this time, the guardianship authority at the place of residence of the child prepares an opinion on the advisability of adopting a particular child and documents for the child for court.

Consideration of the application by the court. Get a copy of the court decision.

Obtaining an adoption certificate, a new birth certificate of the child in the registry office, making an entry about the child in the passport.

Registration of the child at the place of residence of the adoptive parent.

For Russian citizens, all adoption procedures, including medical examinations, and obtaining all necessary certificates are completely free. No court fee is charged.

b) guardianship

Guardianship (the pronunciation of the word as guardianship is common, but incorrect) is a type of family arrangement for minors (minors under 14 years old) left without parental care, as well as a form of protecting the rights and interests of a citizen who has been declared legally incompetent by a court due to a mental disorder.

The duties of a guardian include taking care of the health and property of the ward, as well as the upbringing and education of the minor ward. Guardianship is established by the decision of the body of guardianship and guardianship.

Custody/guardianship of minors

Adoption of a child in the home on the rights of an educated person for the purpose of his maintenance, upbringing and education, as well as for the protection of his rights and interests. Guardianship is established over children under 14 years of age, and guardianship over children from 14 to 18 years of age. The child retains his last name, first name, patronymic, and the natural parents are not released from the obligation to participate in the maintenance of their child. The guardian has almost all the rights of a parent in matters of upbringing, education, maintenance of the child and responsibility for the child. The state pays monthly funds for the maintenance of the child, in accordance with the standard established in the region. Guardianship authorities are obliged to exercise regular control over the conditions of maintenance, upbringing and education of the child.

Peculiarities:

Guardianship is established by the decision of the guardianship and guardianship body, as a result of which it is issued faster than adoption, since a court decision is not required.

As a rule, only one person can be appointed as a guardian.

The guardian is monthly paid funds for the maintenance of the child and is assisted in organizing the education, recreation and treatment of the ward.

Upon reaching the age of 18, the ward is allocated housing, if he does not have one.

The guardianship authorities monitor the guardian family for the entire period of the child's stay in the family more often and in more detail than during adoption. * There is no secrecy in the placement of a child into care, and contact with the child's blood relatives is possible, and in some cases required.

Changing the name of a child is very difficult, changing the date of birth and recording the guardian in the birth certificate as a parent is impossible.

There are two types of guardianship: simple and compensated. Paid guardianship is carried out on the basis of an agreement concluded between the body of guardianship and guardianship and the guardian. At the moment, in Russia there are two types of paid guardianship as subspecies that have passed from separate forms of arrangement - Foster Family and Foster Care. Other compensated types of guardianship may be established by the regional legislation of the Russian Federation.

The procedure for registration of guardianship

The procedure for establishing guardianship (sequence of actions, list of documents, terms) is established by Government Decree No. 423.

A guardian is appointed by the guardianship bodies, which concurrently are local self-government bodies, their powers are determined by their Charters. The guardian is appointed by issuing a resolution of the head of the city, district or district administration in the city at the place of residence of the guardian, a similar procedure applies to trustees. Preparatory work and supervision of the guardian (custodian) is carried out by departments or departments of the national economy, social protection of the population, health care of the relevant territorial administration.

Guardian Requirement:

Adult face.

Capable person.

With the consent of that person.

Usually, persons related to the future ward are appointed. And if they are absent, then persons are appointed at the choice of the guardianship and guardianship authorities.

c) foster family

Foster family - a form of placement of orphans and children left without parental care, on the basis of an agreement on the transfer of a child (children) to be raised in a family between the guardianship and guardianship authority and foster parents (spouses or individual citizens who wish to take children to be raised in a family) ) (Family Code of the Russian Federation, Section IV, Chapter 11, Article 54, Section VI, Chapter 21, Articles 151 to 155) (Federal Law No. 159-FZ of December 21, 1996 "On additional guarantees for the social protection of orphans and children left without parental care" as amended by Federal Laws No. 17-FZ dated 08.02.1998, No. 122-FZ dated 08.07.2000).

Citizens (spouses or individual citizens) who wish to take on the upbringing of a child (children) left without parental care are called adoptive parents; child (children) transferred to foster care. is called an adopted child, and such a family is called a foster family.

The procedure for organizing a foster family

Persons wishing to take a child (children) to be brought up in foster family, submit an application to the guardianship and guardianship authority at their place of residence with a request to give an opinion on the possibility of being foster parents.

The following documents are attached to the application:

A certificate from the place of work indicating the position and salary or a copy of the income declaration certified in the prescribed manner;

Characteristics from the place of work;

Autobiography;

A document confirming the availability of housing for a person (persons) who wants to take a child (children) to be raised in a foster family (a copy of the financial and personal account from the place of residence and an extract from the house book (by apartment) book for tenants of residential premises in the state and municipal housing stock or a document confirming the ownership of the dwelling);

Copy of marriage certificate (if married);

Medical certificate of a medical institution on the state of health of a person (persons) wishing to take a child to be raised in a foster family (link to the order of the Ministry of Health of the Ministry of Health).

A person applying for an opinion on the possibility of being foster parent, must present a passport, and in cases provided for by the legislation of the Russian Federation, another substitute document.

In order to prepare a conclusion on the possibility of being foster parents, the guardianship and guardianship authority draws up an act based on the results of a survey of the living conditions of persons (persons) who wish to take the child (children) for upbringing in a foster family (under guardianship or guardianship).

On the basis of an application and an act of examining the living conditions of persons (persons) wishing to take a child (children) for upbringing in a foster family (under guardianship or guardianship), the guardianship and guardianship authority, within 20 days from the date of filing the application with all the necessary documents, prepares a conclusion on opportunities to become foster parents.