Pros and cons of marriage for women. Pros and cons of official marriage: the legal side of the issue

Advantages

In order to determine the advantages and disadvantages of official and unofficial marriage relations, it is necessary to refer to family law (namely, section 3), as well as to other laws of the Russian Federation. Having carried out the analysis, we can conclude that the advantages of a legally formalized marriage relationship include: If for some reason the spouses want to document their property rights, they have the right to draw up an agreement. In the absence of an agreement, all property acquired during marriage (except for that which was received as a result of a gratuitous transaction - donation, inheritance) will be considered jointly acquired. The division of jointly acquired property can be carried out by agreement of the parties, or through a judicial authority. If the death of one of the spouses occurs, then, in the absence of a will, the second, along with the parents and children, will be the heir of the first priority. It is important to remember that in the event of receiving an inheritance, not only the property of the deceased will pass to the citizen, but also his debts. That is why, before entering into an inheritance, this fact must be taken into account, since in some cases the debt exceeds the value of the property and becoming an heir is not advisable.

• Survivor pension benefits

Upon the death of a citizen, his spouse (as well as children and other dependent persons) has the right to demand the assignment of pension payments for the loss of a breadwinner. A person who is not a spouse or relative (including if cohabitation with the deceased continued for a long period of time) will not be able to receive such payments, even if other requirements are met. If a child is born to citizens who are not officially married, they will need to go through the procedure of establishing paternity (the procedure is not complicated in principle, but it can cause certain difficulties). If citizens are in an official marriage union, then the child will automatically be registered with the spouses.

• Husband cannot file for divorce

This advantage is a plus for women, but men, on the contrary, consider it a minus. So, if a woman is pregnant, or is raising a common child whose age is less than 1 year, then the man will not be able to dissolve the marriage - either through the registry office or in court.

• Visiting a spouse in a pre-trial detention center

Unfortunately, the situation sometimes develops in such a way that one of the spouses may end up in a pre-trial detention center (SIZO). If we refer to Art. 395 of the Code of Criminal Procedure, it states that persons who are close relatives and relatives can obtain a meeting with a citizen who is in a pre-trial detention center. In accordance with Russian legislation (Article 5 of the Code of Criminal Procedure), close relatives are considered: husband/wife, mother/father, sons/daughters, adopted children/adoptive parents, siblings, grandchildren/granddaughters, grandparents. The legislator includes other persons who are related to the citizen as other relatives.

• Possibility to choose a surname

Citizens entering into a marriage relationship (or who have already entered into a union) have the right to take a common surname (in this case, just as a wife can take the surname of her husband, and vice versa). At the same time, it is necessary to take into account that the surnames of the spouses can be combined, but on the condition that none of them has a double surname. If the marriage is dissolved, the surname can be returned.

In accordance with the law, all life situations must be resolved by spouses based on the principles of equality. This, among other things, concerns issues of fatherhood, motherhood, upbringing and education of children.

Features of marriages

Private international law recognizes the principle of reciprocity. This means that different states can agree on the registration of consular marriages. This is possible only if the union is concluded between people who are citizens of the states participating in the agreement. There are several forms of basic rules for this type of union:

• Traditional.
• A wife with several husbands.
• A husband with several wives.
• Same-sex marriage between women.
• Same-sex marriage between men.

The moral principles of Russia recognize only the first option, but this does not in any way affect the possibility of concluding other types of unions on the territory of consulates and embassies. But there are still some restrictions that must be taken into account in order for a marriage union to be considered legal from a legal point of view.



Both spouses must have reached the minimum age under the laws of both countries. In most countries, like ours, a consular marriage is a marriage concluded between people who have reached at least 18 full years of age. It is also important that there are no family or blood ties between them. This means that children and parents and brothers and sisters cannot enter into unions. There is no agreement between them regarding guardianship due to orphanhood or legal capacity. Both parties to a marriage must have full legal capacity. Also, the union should not be forced, but completely voluntary for both parties.

Flaws

In addition to the advantages, an official marriage union also has disadvantages (subject to certain circumstances). Thus, the key disadvantages of a marriage registered in the registry office include:

• Joint property

As mentioned above, property acquired during marriage between citizens who registered their union is considered jointly acquired and is subject to division. If citizens do not formalize the union, then in the event of separation, each of them will remain with their property. In accordance with the law, if one of the spouses cannot cope with their obligations, recovery can only be applied to their own property. However, if the citizen’s property turns out to be insufficient, then the creditor’s representative has the right to legally demand the allocation of the share from his official spouse, which, in the event of a divorce, would be due to the debtor and to foreclose on it.

In accordance with family law (namely Articles 89 and 90), spouses are obliged to support each other financially. If one of the spouses refuses to provide financial support to the other, it can be demanded in court. Thus, the following have the right to appeal to a judicial authority: a disabled spouse in need, a pregnant wife or one raising a child under 3 years of age, as well as one of the spouses who is caring for a child with a disability.

Legislation

Consular marriages are official unions that must comply with the norms of the Family Code of the Russian Federation, they are represented by Article 157. In our country, unions of foreign citizens that are concluded on our territory are recognized as legal. For example, two Frenchmen, while staying in our country, decided to legalize their relationship. They can do this at their embassy office.

But if representatives of different states decide to enter into an alliance, then their decision may entail a chain of undesirable and severe legal consequences. A consular marriage is a complex undertaking from a bureaucratic point of view. The basis for this may be a conflict in the laws of different countries. As an example, the civil law of our country allows marriages performed in France. But holding a wedding in Andorra will become questionable, and a person will have to prove with the help of legal representatives and lawyers how true this marriage is from the legal side.

Unofficial, also known as civil marriage - the pros and cons of cohabitation

Civil marriage is a compromise between women who want to get married and men who want to remain unmarried at all costs. It is precisely the polar difference in the goals and perceptions of a civil union that leads to so much discussion around such relationships. Statistics on this issue are more than eloquent - only 20% of civil marriages develop into official status. And in terms of the number of divorces, couples who have conducted a preliminary “test drive” of family relationships file for divorce twice as often as those who had no experience of living together before marriage.

Why does this type of family remain the most popular among the younger generation all over the world? What “pitfalls” are fraught with civil marriage, what are its main pros and cons? Read our article.

Basics

Taking into account modern legal theory, we can safely say that people have the opportunity to hold a wedding ceremony in the diplomatic missions of the countries of which they are citizens. This is necessary if a person decides to start a family while outside his country, but wants to legalize his relationship with a loved one.

Consular marriages in private international law can be recorded by a consul or ambassador. These representatives from different countries are vested with special powers that allow them to register marriages and carry out all the necessary legal functions.

Is it worth living in a civil marriage: arguments for and against

Today, at the everyday level, the concept of “civil marriage” is the cohabitation of a man and a woman without formalizing the relationship. Similar unions have other names:

• actual marriage;
• informal marriage;
• marriage-like relationships;
• actual marital relationship.

The number of people living in informal marriages is growing every year. Moreover, this trend is more or less widespread throughout the world. The question naturally arises: is it worth living in a civil marriage?

If he is so popular, why does he have so many opponents? To understand why positions on this issue have divided people into two camps, you just need to consider the pros and cons of actual marriage.

For a man

BEHIND:

AGAINST:

As you can see, a civil marriage for a man had more advantages than disadvantages. But sometimes even one minus can outweigh several pluses. Now let’s try to figure out what negative and positive aspects a civil marriage will bring to a woman.

For woman

Against

As we see, for women the situation is exactly the opposite. There are not so many advantages of an informal marriage, but there are more than enough problems.

Why is marriage necessary and why do people get married?

It is impossible to know for sure who and when played the world’s first wedding. Such a union between a man and a woman was documented in Mesopotamia around 2450 BC. e. But it is unlikely that he was really the first. Historians argue that the very concept of monogamous union was invented by humanity for two main reasons:

• better survival of offspring with the joint efforts of a man and a woman;
• the opportunity to avoid men killing other people’s children
  from other “partners” of their beloved.

Union in ancient times, as a way of protection and survival

Thus, the couple seemed to emphasize their belonging to each other, outlined their common life, budget and ability to raise a child, sweeping aside rivals and rivals in a civilized manner. No assault.

Taking into account modern realities, in a relatively developed society, the question of why to get married is asked by those who are just entering the right age. As well as those who have already formed family ties and managed to successfully get rid of them.

Everyone has their own reasons for getting married, but there are several main ones:

1. Traditions are everything to us. Mom is married, sister is married for the second time, grandmother, great-grandmother were married, etc. Any logic is powerless here. This is how it is done, and even crack it!
2. Parental pressure - “you have to get married.” The reason for the pressure may be quite pragmatic. Marriages for the purpose of merging capital, building a business empire, or because of the desire to become related to a richer family are still alive in different parts of the world. However, what mother would not beg not to let go of a “good boy from a good family” if she deems it necessary?
3. Moral satisfaction. Characteristic of people who are owners. For them, the stamp in the passport is a guarantee that “they won’t go anywhere.”
4. Solving personal financial problems.

All points work on both men and women. Classic love and the desire to “live happily ever after and die on the same day” are too prosaic to consider as an example. So it's all the same

whether there is a stamp in the passport or not.

Is marriage a confirmation of the sincerity of feelings or a convention?

What's wrong with creating a "trial family" from a religious point of view?

If a woman is an Orthodox Christian, then civil marriage for her is a sin. Orthodoxy recognizes only those couples who have registered their relationship in the registry office. Moreover, without a marriage certificate, the priest will not marry the couple. Censure from the church occurs for several reasons:

1. love without obligations in the Orthodox Church is considered fornication, living against the commandments of God;
2. there is no stamp in the passport, which means there is no serious attitude towards the family and no readiness not only for the joys of marriage, but also for the hardships and problems that are inevitable in family life;
3. reluctance to formalize the relationship speaks either of distrust of each other or of disdainful attitude in the couple. If in a relationship there is love, loyalty and a desire to share sorrows and joys, what can prevent two people from becoming official husband and wife?

Why is it better not to get married at all?

An ideological bachelor will find reasons not to marry at any age. The impetus for ignoring marriage ties can be, firstly, an unsuccessful marriage of parents: quarrels, swearing and fights certainly do not serve as the ideal of family relations between husband and wife. Secondly, this is the “falling in love” of a young man with relatives to the point of becoming a Narcissist, who simply does not see in a woman

a worthy partner for yourself.

A guy definitely doesn’t need to think about marriage if he:

1. Understands that most women change for the worse after marriage. And he is afraid that his tender, beautiful one will eventually relax, get fat, and neglect herself. Yes, he will grow old in the end!
2. Realizes that marriage is expensive. And divorce is even more expensive.
3. Not ready for compromises and giving up the usual way of life with friends, going to the bathhouse, spontaneous travel and other joys of a bachelor party.
4. Does not accept sex with one partner.

Does Casanova need a wedding? Does a fish need an umbrella?

Financial issues and joint budget when cohabiting

An unofficial marriage has another sensitive side - the financial issue. It can ruin even the strongest relationships. To avoid problems, it is important to decide on the family budget model at the very beginning. There can be three of them:

1. separate . Each spouse manages their finances independently. At the same time, they share the expenses of the family equally. For example, one of the cohabitants pays the bills for the apartment, the other pays for the purchase of groceries;
2. general . All funds are added to a common piggy bank by mutual agreement. Spent after a joint decision. Planning a budget is much easier. Family relationships become more trusting and united;
3. mixed . This is a combined model. From the total budget she took an equal contribution to the family purse. And from separate - the ability to dispose of the remaining funds at your own discretion. The size of the amount that each spouse puts into the family piggy bank is discussed at the “family council,” as well as where the money set aside together will go.

Some tips on the material side of the issue:

• If you plan to purchase real estate from the general budget, then it is better to arrange it in equal shares. In the event of termination of the informal relationship, the court will give ownership rights to the person to whom the housing is registered;
• When opening a bank account for one of the spouses, do not forget to issue a power of attorney for the right to use funds for the other partner. If we are talking about shared money on a card, then you need to link another card to it in order to create equal access to the family budget;
• When applying for a loan for one of the participants in a civil marriage, do not forget to issue a guarantee for the second partner. Even if the bank does not require it. Then responsibility for the debts will be fairly distributed between both spouses.

“Disadvantages” of official marriage for women

• Excessive participation of the mother-in-law in the life of the spouses and her reading of lectures to the daughter-in-law, if, in her opinion, the wife treats her son (her husband) inappropriately: she takes poor care of him, cooks the wrong food, and limits his freedoms.
• The husband's desire to know everything about her life before meeting him. She doesn't want this and often refuses him such information. The past belongs only to her, and he should not know anything about it. The only exception is when people from the past begin to harm her present happiness.
• At the end of the “candy-bouquet” period, a woman often stops receiving unexpected signs of attention from a man (nice little things as a gift, including flowers). Having become an official wife, she and her husband plan all expenses together, running a joint household and having one common budget.

Legal rights of children born out of wedlock

In Russia, illegitimate children have the same rights as children born in an official marriage:

• the right to receive maintenance from one's parents;
• the right to joint residence and use of housing of either parent;
• inheritance rights.

The birth of a child in a civil marriage will not cause difficulties if the father immediately recognizes him officially (by writing an application together with his wife at the registry office) and gives the baby his patronymic and surname.

If a man refuses to confirm paternity, then the child is automatically deprived of the rights to alimony and inheritance of property (if there is no will). But in this case, the woman always has the opportunity to establish paternity through the court and restore the child’s inheritance rights, as well as the opportunity to receive alimony from the father.

“Disadvantages” of official marriage for men

• Inability to have (close) relationships “on the side.” Most women do not want to be “in a second role” and do not want to meet “married men” at a time convenient only for them, and to be alone on holidays and weekends.
• The presence of a mother-in-law as a factor worsening the relationship with the spouse. Since, according to the mother, the son-in-law does not treat her daughter (wife) properly. And he doesn’t listen to his mother-in-law’s everyday advice either. There are rare cases when mother-in-law and son-in-law are great friends and “live in perfect harmony” together.
• A catastrophic reduction in free personal time. This is especially reflected in meetings with friends and girlfriends whom the wife does not favor. As the “experience” of family life increases, these meetings become extremely rare or are reduced to “nothing.”
• Constant reporting of your affairs and whereabouts. Not every man agrees to such a compromise solution and control. For the most part, men are quite freedom-loving and independent individuals. Often this is the reason that leads to family discord, quarrels and divorce.

What to do if the chosen one is not going to ask you to get married?

The initiator of the transfer of a civil marriage into an official one, as a rule, is a woman. After all, she needs confidence in the future, and a man is quite happy with a marriage without obligations.

Psychologists recommend several ways out of the situation:

1. straight Talk . He must dot all the i's and help the couple decide whether to continue the unofficial marriage;
2. ultimatum. If a woman has lost faith in the future of the relationship, you can set a condition: wedding or separation. But in this case, you need to be prepared not only for a marriage proposal, but also for less joyful consequences;
3. a break up . A man who is not going to move on to a serious relationship will have to leave. Otherwise, the uncertainty could last for years.

Civil marriage is not a simple, ambiguous and contradictory matter. Its supporters talk about freedom, lack of obligations and preparation for future family life.

And opponents consider such relationships to be a hopeless illusion and self-deception. In any case, it is up to the common-law spouses to decide to live in an official barque or without it. Because they themselves are primarily responsible for their lives.

Brief information on the topic of the article:

Consular marriages in private law

Private international law is a system of codes and laws of national law of countries. In addition, this includes consular agreements governing the rules for the recognition and conclusion of civil acts.

The Hague Convention, adopted in 1978, is the main legal act harmonizing mixed marriages and remote weddings. According to this document, the following issues are regulated: the conduct of the marriage procedure between citizens of the agreed countries and the rules for recognizing this marriage in those countries whose citizens have legalized their relations.

Civil marriage: what is it, the pros and cons of cohabitation

From a legal point of view, a civil marriage is a marriage union between a man and a woman, which is registered with government agencies. In society, this concept means ordinary cohabitation without registration in the registry office. This type of relationship has many advantages, at the same time, and disadvantages, which should be familiarized in detail to anyone who is thinking about cohabitation. The advantage of such a marriage is that you do not have to spend fabulous sums on preparing and holding the wedding. For many young couples who have not yet found their feet, the issue of finances is more than relevant in our time. Many people believe that civil marriage has no advantages. However, having experienced the informal form of relationships between a man and a woman, a huge number of couples could argue with this. These include businessmen, wealthy heirs, showmen, singers, politicians and many others. A prenuptial agreement is also necessary when one of the parties to the agreement is much more financially secure than the other. A prenuptial agreement is a voluntary agreement between a married couple, drawn up in writing and certified by a notary. It comes into force after the official marriage. The clear concept and very essence of a marriage contract are described in Chapter 8 of the Family Code of the Russian Federation in Articles 40 - 46. A marriage contract clearly states the property powers of the spouses. It doesn’t matter what you call the union of two loving people - an official, civil or church marriage. The main thing is that relationships are built on trust, mutual understanding, respect and sincerity . True love can overcome many trials, and the registry office will help resolve some economic, social and legal issues. Nowadays, young couples are getting married less and less often. So-called “civil marriages” are in fashion - marriages without a stamp in the passport, simply put, “cohabitation”. Why is marriage registration not popular today and how important is official marriage for a woman?

Responsibility for your life, stomach and wallet now lies on two shoulders at once (well, or four, if you count left and right), which means that stability and confidence in the future will finally appear in your life. Isn't this happiness?

We welcome your comments!

The advantages of an officially registered marriage for both parties

Official registration of marriage is a procedure that consolidates the union of a man and a woman at the state level. Further family life from a legal point of view is regulated by the Family Code (FC RF), as a result of which spouses receive an expanded range of powers:

• Represent each other's interests before government agencies. For example, a wife may be involved in arranging pensions and subsidies for her husband, or vice versa. In most cases, a notarized power of attorney is not needed;
• If you combine two salaries, you can save a lot. Family budget expenses for food do not increase much, but more money remains for other needs: travel, repairs, education. If spouses have loans and other debt obligations, you can put aside the salary of one of them to pay off, and live on the income of the second;
• If the husband or wife is in the hospital, the other party will be allowed in without any problems during the hours allotted for communicating with patients. In particularly severe cases, doctors even compromise the daily routine and may even allow the spouse into the intensive care unit;
• The rights of children in marriage are reliably protected. Paternity is assigned automatically, and in case of divorce it is easier to collect alimony;
• Opportunity to participate in government programs to support young families. With their help, you can purchase housing on preferential terms or take advantage of subsidized mortgage interest rates.

Official marriage in Russia, with the right approach, can be beneficial to both parties, regardless of financial situation. There are common cases when one spouse earns more, but the second is engaged in household chores, which also requires attention and effort.

Women married to less wealthy men can also feel comfortable, having provided themselves with a reliable rear, because the opposite sex often tries to do everything possible for the home. Nowadays, girls who earn well are not uncommon, and for men with low incomes this can be beneficial in its own way.

The most important thing that should not be forgotten is the feeling of unity: after registration at the registry office, relations in a new unit of society grow to another level, and the spouses feel more secure.