Existing types of marriage relations in the Russian Federation: standard and alternative forms of family

Civil

The most popular type, which legally received its name “Civil”, is also called official, secular or legal. This marriage union of the bride and groom is registered in the registry office; it is the only one recognized by Russian legislation, regulated by the Family Code of the Russian Federation, and therefore protected from the point of view of jurisprudence.

Each of the legal spouses has equal rights and certain responsibilities in the family, which are enshrined in law. The law also regulates property relations between husband and wife.

After the official marriage, the newlyweds become each other's primary heirs.

Many call it a civil union of lovers who live together, but without stamps in their passports. If we consider this issue from the side of jurisprudence, then this is a misconception and such a marriage is called another type - factual, which we will talk about below.

By the way, in the 19th century they registered exclusively in the church - performing a spiritual rite before God, but the marriage of those who did not do this was called civil.

Forms of marriage in modern Russia

According to the Family Code of the Russian Federation, the law recognizes only one form of marriage - a civil union.
This is an officially registered relationship before an authorized person. Recently, the issue of introducing amendments designed to legalize religious rituals and actual cohabitation has been widely discussed. For now, the initiative remains at the discussion level. If we turn to history, then in pre-revolutionary Russia the functions of the registry office were performed by the church. The wedding was equated to recognition of the union by law and the state. Modern newlyweds first need to visit the registry office, and then, if desired, undergo a wedding ceremony.

Social processes do not stand still. Traditional marriage has been replaced by alternative forms . But they are only a new trend that is not reflected in the legal sphere.

For example, young people prefer guest marriage, in which each spouse lives in their own “territory” after registering the relationship. They meet periodically at will and do not lead a joint household.

Or an open form of relationship, when spouses allow each other to have a relationship

on the side. As a rule, this is stated in the marriage contract to avoid further disputes. At the same time, a free sexual life does not equate to betrayal for both partners.

A trial marriage is a cohabitation of people testing the strength of their relationship. As soon as a couple wants to have children together, they go to register their marriage.

Concubinage or “adultery” has already become commonplace. When a married man is in a relationship with a free woman. He provides her with financial support and, in the event of the birth of a child, recognizes all his rights. This is a form of polygyny.

It is worth noting that alternative forms of marriage are variations of its traditional types. They arise due to the development of interests of narrow social groups - homosexuals, supporters of open relationships, religious fans. Their success and development depends on the viability and activity of these groups, their “weight” in society.

Despite the fact that Russia is actively adopting foreign experience in many areas, many Western trends still remain illegal on its territory - polygamous and homosexual marriages.

Divorce at the request of one of the spouses is possible in some cases. If the plaintiff fails to appear in divorce court upon receipt of a summons, he will face liability. Read more about this here. Do you need to split credit in a divorce? You can learn how to do this correctly from our article.

Actual

In principle, this view is very similar to the previous one. Boy and girl in love also:

• live in the same territory;
• have common views and goals;
• live together;
• make purchases;
• call each other husband and wife;
• They can even raise children together.

But their relationship is not officially registered in the registry office, which means in the eyes of the law they are not spouses. Sometimes such unions are also called cohabitation.

De facto marriages are gaining popularity among the younger generation. Modern people do not consider it necessary to put stamps in passports for a number of reasons. For example, many are afraid of responsibility, are unsure of their partner, or simply want to test their feelings. And some people don’t even see the point in a wedding without children.

It is worth knowing that a man and woman in the unofficial status of husband and wife are not legally protected in any way. After all, according to the law, they not only have no responsibilities, but also no rights. This applies to both property and inheritance.

It is possible to receive inherited capital in the event of the death of one of the “spouses” only if there is a will.

Marriage. Definition, history of marriage

Marriage is a contract, a promise and simply a vow. Since ancient times, people of different sexes came together in order to continue their family line. This instinctive sense of self-preservation of the race is the main engine for the growth of humanity. The greater the number of people, the more minds and opinions there were, and hence the more progress. Today there are more than 6 billion people living on Earth.

In ancient Egypt, marriage reflected the desire to form a couple in the image of Egyptian deities. In ancient Greece there was even a God of love (Eros; the concept of “erotica” came from this word). With the increase in population on Earth, many questions and problems began to arise. People began to be increasingly divided into nationalities, divided according to religious and other criteria. With the growth of people, the main, according to Marx, engine of labor progress appeared - the division of labor. People began to engage in narrow specialties and began to devote more time to mental work. This began to take a lot of time and new problems appeared before humanity: how to stimulate new unions between men and women. For this purpose, some social guarantees were invented at the state level (later international legal norms appeared that guaranteed newlyweds). In order to know whether people who are not married are trying to take advantage of the guarantees, and also to strengthen confidence in the newlywed, states began to introduce the institution of legalization of marriage.

The legalization of marriage has become simply universal in the civilized world. In France, serious talk about registering marriage began in the late 17th and early 18th centuries. The obligation of a religious marriage ceremony disappears with the Revolution of the 18th century. The law of September 20, 1792 establishes civil marriage , registered at the city hall

.

Until the end of the 18th century, marriage was not legalized in Germany. Marriage was registered only on religious grounds. The influence of French law favored the development of civil marriage, since in many territories in western Germany French family law was strongly assimilated into the Roman-Germanic legal system. In the 19th century, the first independent special laws appeared, which, however, operated on the territory of individual lands (Frankfurt, Oldenburg, etc.). The first civil wedding held in Oldenburg took place in 1855 in Varel. The Baptist preacher August Friedrich Wilhelm Hese and Meta Schuette were married at that time. They were called “dissidents” because they did not belong to any of the existing religions at that time. However, not all churches recognized their marriage. But soon civil marriage took precedence over church marriage, and civil marriage was fully introduced into German family law.

Church

As mentioned above, in ancient times only church marriages were recognized; they were considered the only official ones. This spiritual ceremony is performed by a clergyman in a temple or cathedral.

In the modern world, getting married is not at all necessary. After all, according to the Russian Constitution, the Church is separated from the state, which means that this marriage has no legal force and is not protected in any way.

If a couple still wants to get married, then there are certain rules and first you will need to obtain a certificate of registration from the registry office. But there are exceptions, and many priests agree to perform the ceremony without a stamp in the passport. After all, for believers, the most important union is the one made in heaven.

Types of marriage in different countries

Most recently, the Oxford Dictionary included the term Boston Marriage. This is the life together of two girls leading a common life and taking care of each other. Moreover, their relationship is not sexual in nature - the girls are just good friends.

Boston Union

Vector marriages are concluded between representatives of the eastern horoscope, based on the “master-servant” relationship. Typically, such couples fall in love at first sight, and their union is swift and vibrant, but at the same time, the spouses can quickly lose interest in each other. In fact, the union can be different and it is impossible to predict its outcome.

Chinese zodiac circle, top view

Polygamy is an official type of union in Muslim countries. Moreover, one husband can have several wives and children from each wife. Polyandry or polyandry is the marriage and subsequent cohabitation of one girl with several men at once. Such marriages are not uncommon in India and Tibet.

Non-classical types of family relationships

The classic form of marriage between a man and a woman, regardless of whether it is civil or de facto, is correct and generally accepted in family organization. But there are also non-traditional alternative types, most of which can be classified as prohibited unions, since many of them are legally and morally impossible to officially register. Their peculiarity is the atypical and non-standard behavior of people. These include:

1. Guest or it can also be called visiting. These relations are legal, because they are formalized in the registry office. But after the wedding the couple does not live together. Spouses meet only occasionally, spend time together, go on dates and even fly on vacation, but do not maintain a common household. The most important advantage of these unions is that lovers do not argue over everyday problems, and due to rare meetings they do not lose passion for each other. The downside of a guest marriage is the not entirely correct upbringing of children. After all, the child will mainly live with one of the parents. This type of marriage can often be found when one of the lovers is forced to constantly go on long business trips or tours. It also happens that people need to live in different cities or even countries.

2. Same-sex, the most ambiguous type, is a marriage between two men or two women. As everyone knows, in the Russian Federation such unions are strictly prohibited; moreover, they cause censure and condemnation from others. But in 18 states people of the same sex have been registered for a long time. Among them: Norway, Canada, Brazil, Denmark, France, Mexico, Argentina, Japan, USA.

3. Polygyny or polygyny is most common among Muslims, for example, in Syria, Egypt, the United Arab Emirates, Nigeria, Saudi Arabia, Algeria. There the guy officially gets married to several girls. On the territory of our country, the law prohibits polygyny; it can be found only in some corners where Islam is practiced. Most often, Russian men marry one woman, and live in a de facto marriage with several more representatives of the fair sex; roughly speaking, they have mistresses.

4. A fictitious marriage or a marriage of convenience is legal, because it is registered by mutual consent of both parties in the registry office, but with a selfish goal, for example, obtaining citizenship. In such relationships, spouses do not even think about creating a real family. Very often the unions in question meet with foreigners. In Russia this is not criminally punishable, but if it is proven, it can be annulled.

5. Another alternative type is an open or free marriage, which, in turn, can be civil or de facto, that is, official or without stamps in passports. Spouses live together under one roof, lead a common life, and the peculiarity is that each of them has other connections on the side. This position may be explained by a lack of new sensations, or people simply do not know how to be faithful to their chosen one.

6. Virgin or, in the Western style, “Childfree” - a legal or actual relationship, without the presence of children. We are not talking here about couples who are postponing childbearing due to their young age, lack of financial resources, or for medical reasons. These are lovers who deliberately do not want to have a child. If we look at statistics, then with age, many spouses still change their opinion on this issue.

7. Another rather unclassical type that few will understand is group marriages or, in other words, the “Swedish family”. Of course, relationships consisting of several men and women are prohibited from being registered on the territory of the Russian Federation. But, interestingly, the Swedish family has been practiced by people since primitive times.

8. Morganatic - consists of two people of unequal status and position in society. They were concluded in ancient times in royal dynasties, but these days they are not very relevant.

9. The concubinative type of marital ties is the relationship of a married man with another lady, with whom he has a child. The offspring born in such a union is officially recognized by the father and is financially provided by him.

10. Polyandry or polyandry. As you might guess, it’s the same polygamy, only in reverse. In this case, a woman has several official husbands. They are not registered in Russia, but they are common in India, Nepal and Tibet.

11. And the last type is called trial. Everything is simple here, young people live together, and when they come to a joint decision to have a child, they officially get married.

Age required for marriage registration

The generally accepted “age of marriage” is 18 years. This is also the age of full legal capacity.

However, you can get married at the age of 16. But to do this, you must apply for permission from the local government, confirming the presence of valid reasons.

The most common reasons for lowering the marriageable age:

• Expecting a common child;
• Or his birth;
• Already established family relationships.

It is worth noting that parental approval for minors is not required.

In some constituent entities of the Russian Federation, it is possible to get married before the age of 16.

But for this you will need to submit an application to the central executive body addressed to the Governor. This can be done both by those wishing to get married and by their parents. But if there is a conflict between them, then this application will be considered only after the approval of the guardianship and trusteeship authorities.

For example, in Moscow and the region, the governor will give permission for registration provided that the bride is pregnant, has a common child, and also if there is a threat to the life of any of the future spouses.

The minimum age at which the registry office will accept an application is not established by law. But, based on the fact that the list of required documents includes a citizen’s passport, we can conclude that this threshold is 14 years.

Young people who get married before reaching the age of 18 become absolutely capable (emancipation occurs) and do not lose this status even after the divorce.

Documents for submitting an application to the registry office

• two passports – for men and women;
• paid state duty, which currently amounts to 350 rubles;
• statement from both parties.

For more information about what is needed to submit documents to the registry office, as well as how to submit an application online, read the links.

As a result, we can say that the family is the main unit of human society. There are quite a few different types, and only the people themselves decide which marriage they prefer. If we talk about the majority, Russian residents still prefer the legal civil option, considering its most important advantage - the proper upbringing of children in such official marriage bonds.

Right to marriage

Absolutely all citizens of the Russian Federation (subject to the necessary conditions) can be registered as spouses. This simple rule follows from the principles enshrined in the Family Code.

If applicants are denied because of their nationality, race, or religion, this will indicate discrimination, and they can go to court for protection.

Conditions and procedure for marriage

Marriage registration takes place at the civil registry office (registry office), in a formal or ordinary setting - at the choice of the spouses.

The bride and groom must be present at the wedding in person - this is a mandatory condition necessary to confirm the voluntariness of the decision.

There are situations in which a civil registry office employee will register outside the walls of the institution:

• when one of the future spouses is in the hospital or at home due to illness;
• when marriage is concluded with a citizen sentenced to imprisonment (or in custody).

The law does not provide for other reasons for exit registration.

The conditions for marriage are simple:

• persons wishing to legitimize the union act voluntarily;
• they have reached the required age;
• there are no obstacles.

Time and place of registration

The date that applicants can choose to register their marriage must be no earlier than one month and no later than twelve months after submitting the application. The newlyweds also indicate the desired time of registration (based on the working hours of the registry office). It is impossible to change them in the future without the permission of the head of the registration authority.

But there are a number of special life circumstances that speed up registration, without the expiration of a month:

• pregnancy;
• birth of a child;
• if the life and health of any of the parties is threatened.

And if necessary, you can “sign” on the day of submitting the application.

The place of marriage will be the registry office to which the spouses’ application was submitted. Newlyweds have the right to choose absolutely any registry office, without reference to the area in which they are registered.

Circumstances preventing marriage

There are a number of reasons why you can't get married

There are four circumstances in the law in which refusal to accept an application for marriage registration will be lawful:

• Any of the applicants is already officially married. This clause of the law says that the principle of monogamy operates in the country.
• Close family relationships. That is, a union between close relatives and between brother and sister (even half-siblings) is impossible. Thus, incest is prohibited by law.
• The relationship between the adoptive parent and the adopted child also cannot be legitimized. Because the state equates them to blood relatives.
• If one of the future spouses has the status of incapacitated due to a mental disorder.

A person who is unable to account for his actions and decisions cannot get married, even with the permission of his guardian. Because the voluntariness of this act will be in doubt.

From village to city: how industrialization changed the institution of marriage

Industrialization and urbanization have caused another revolution in the marriage history of mankind. “The city air freed us,” including from a rigid social hierarchy and traditional division of responsibilities. The freedoms provided by a market economy are reflected in new political and philosophical ideas that defend individual rights. By the end of the 18th century, personal choice began to gradually replace parental choice. Marriage gradually came to be seen as a personal relationship between two people, rather than as one link in a larger system of political and economic alliances. The roles of husbands and wives have also changed. As economic production shifted from the household to the factory, husbands and wives went from being yokemates to being soul mates.

Nevertheless, at this stage they continued to have a negative attitude towards misalliances, since the issue of inheritance was still relevant, especially for representatives of a higher stratum of society. The traditional way of arranged marriages also persisted in rural areas, where residents tried to manage their property carefully and far-sightedly, so we can say that only the urban middle class was able to be the first to enter a new era of family life. Economically, marriage transformed into a union between a breadwinner-husband and a housewife-wife, since pay for women's labor was still low and many social paths were inaccessible to unmarried women.

What is a civil marriage from a legal point of view and how does it differ from an official one?

Civil marriage means a non-church marriage. This definition is true for the 19th century. In the legal aspect, different eras will change the meaning of the term to the opposite meaning.

In the 19th century in Russia, secular, unofficial marriage was called civil, as opposed to the only legal one - church marriage. In October 1917, the Bolsheviks, having come to power, recognized civil marriage as the only possible one. The canonical (church) ceremony became a personal matter and lost its legal meaning.

“Civil marriage” is the ideal of independence and equality of spouses

The current Family Code (FC) does not contain the term “civil marriage”, just as there is no definition of marriage. In this case, lawyers say that there is no legal definition of a legal concept written in a legal normative act, but there is a doctrinal definition given in scientific articles, monographs, and dictionaries.

Modern legal dictionaries explain the meaning of the term “civil marriage” as a marriage formalized by the state without church participation. The latest editions of dictionaries add that in everyday practice this word refers to unregistered marital relations. “Civil marriage is a marriage registered in the relevant government authorities without the participation of the church. Sometimes G.b. also called de facto marriage.”

Big legal dictionary, 2012.