Marriage Union (Wedding)

Marriage (Greek γάμος - marriage; derived from the verb to take [1]), or marital union , matrimony - regulated by society and, in most states, registered in the relevant state bodies of the family connection between people who have reached the age of marriage, giving rise to their rights and obligations in relation to each other [2], and also, if a couple have children, also to children. Traditionally, marriage is between one man and one woman. In some states, marriage can be concluded between a man and several women (polygyny), less often between a woman and several men (polyandry). In some countries, marriages can also be between two persons of the same sex (same-sex marriages). A man in marriage is called a husband or spouse, a woman is called a wife or spouse (men who are not married are called unmarried or single; women who are not married are called unmarried).

For a marriage, it is necessary that the marriageable age be established by the legislation of the country. In many societies, there is a ban on closely related marriages. In some countries there are some other restrictions on marriage. Marriage enjoys protection and patronage of laws only when it is concluded in compliance with the established conditions and entails certain legal consequences in the field of personal and property rights and obligations of the spouses in relation to each other and to children.

Content

• 1 Types of marriage in relation to the law
  • 1.1 On legal consequences
  • 1.2Special forms of marriage
• 2 Types of marriage for the purpose of the conclusion
• 3Single terms
• 4 Marriage in history
• 5Marriage and children
• 6Religious understanding of marriage
  • 6.1 In Judaism
  • 6.2 In Christianity
  • 6.3In Islam
  • 6.4 In Buddhism
• 7Manage age
• 8 Readiness of young people for marriage
• 9Popularity of the institution of marriage in society
• 10 Marriage Scams and Fraud
• 11 Marriage Divorce
  • 11.1 Essential side
• 12In the legislation of the states
  • 12.1Russia
    • 12.1.1. Disputes about the legalization of polygamy in Russia
    • 12.1.2. Features of registration of marriage with foreign citizens
    • 12.1.3 Recognizing Marriages Abroad
    • 12.1.4 Attempts to legalize same-sex marriage
• 13SM. also
• 14Literature
• 15Notes
• 16Links

Types of marriage in relation to legislation

The wedding silver ruble of Nicholas I is a combination of the heir to the throne, Alexander Nikolayevich. 1841

For legal consequences

• Registered civil marriage is a marriage registered in the relevant government bodies without the participation of the church. In the Russian Federation, the only possible type of marriage, which is subject to civil law. It should not be confused with unregistered marriage, which in colloquial speech is often mistakenly called civil.
• Church marriage is a church consecrated marriage. In many countries, is legally binding, in some it is the only legal form of marriage. Other states (including Russia) currently do not recognize the legal force of a church marriage, so the priests before its conclusion require registration with the registry offices. In Orthodoxy, Protestantism, and Catholicism, marriage is one of the sacraments — the Wedding. Nikah is a marriage according to the laws of Islam, and polygamy is often allowed in this marriage.
• Actual marriage (in Russian law - “cohabitation”) or unregistered marriage (also actual marital relations, marriage-like relations), often non-terminologically called “civil” - relations between partners that are not arranged in the manner prescribed by law. Even with the management of the common household and / or the presence of common children (see civil marriage) is not recognized by all religious areas. In the USSR, it was legally recognized in the years 1926-1944. According to the current Family Code of the Russian Federation, unregistered cohabitation of a man and a woman does not give rise to marriage rights and duties, although the rights of children born in marriage do not differ from the rights of children born out of wedlock (moreover, the second has, in a sense, even more rights: in the event of the death of one of the parents of the second, the marriage with which was not registered, has no rights to the inheritance by law, and the children are accordingly entitled to a larger proportion). The legislation of some countries is recognized as a concubine.
• Civil partnerships and unions that exist in many Western countries are not a marriage, but represent an intermediate form between registered and de facto marriage (cohabitation). Civil partners, as a rule, have a certain list of rights and obligations in relation to each other, but their legal status is not equal to the spouses. Civil partnerships are usually available to both heterosexual and same-sex couples, or only same-sex couples, in which case they are a parallel form of relationship registration for an ordinary heterosexual marriage.

Special forms of marriage

• Polygyny (polygamy) - the simultaneous state of a man married to several women. Typically, such a marriage is a man with each of the women separately, with possible restrictions. In the Sharia there is a limit on the number of wives - no more than four. All other residents of the harem are not considered wives, but they have certain guarantees (from the owner of the harem) of recognition of the child in the event of his birth. In the modern world, polygamy is officially allowed in several dozen states of the Muslim world and some non-Muslim countries in Africa (for example, South Africa) [3].
• Polyandry is the simultaneous state of a woman married to several men. It is rare, for example, among the peoples of Tibet, the Hawaiian Islands. Traces of polyandria were seen in the Mahabharata (5 + 1: Draupadi was the wife of all the Pandava brothers).
• Temporary marriage - in some countries, the law recognizes its legal force. Duration is determined by agreement of the parties and set in the marriage contract. At the same time, the amount of the ransom is set, which the spouse transfers to his wife in such a marriage. At the expiration of the term for which he was contracted, the marriage and all legal relations between the spouses are considered to have ceased [4]. Exists in some Muslim countries, for example, in Egypt.
• Same-sex marriage - a marriage between persons of the same sex. The first country in the world to legalize same-sex marriage in 2001 was the Netherlands. As of July 2015, same-sex couples can marry in 20 countries around the world. In Mexico and the United Kingdom, same-sex marriage is possible only in some regions. There are also countries or regions that recognize same-sex marriages in other countries or regions, but do not allow them to enter into their own territory.

Types of marriage for the purpose of the conclusion

• Marriage by agreement is a practice in which someone other than the couple makes the selection of the bride or groom, while shortening or completely omitting the process of courtship. Such marriages are deeply rooted in royal or aristocratic families around the world. Today, marriages by agreement are widespread in South Asia (India, Pakistan, Bangladesh, Sri Lanka) [5], in Africa, the Middle East and Southeast Asia and East Asia to a certain extent [6]. Other communities practicing this rite are the Unification Church and Orthodox Jews. This type of marriage should not be confused with forced marriage, in which someone forces you to marry him or her. Arranged marriages are found in Indian, traditional European and African cultures, especially among the nobility, and are usually arranged by the decision of parents or older family members. Selection can be carried out by parents, matchmaker, marriage agency or trusted third party. In many communities, priests or spiritual leaders, as well as relatives or family friends, play an important role in matchmaking. Marriages by arrangement vary in nature and in the duration of meetings from first date to engagement. In a marriage by agreement, limited only by acquaintance, parents acquaint their son or daughter with a potential fiancé or fiancee. From this point on, children have the right to make relationships and make choices. There is no fixed time per se. This phenomenon is common in rural areas of North America, South America and especially in India and Pakistan. This is found in Korea and in Japan. This type of marriages by agreement is often found in Iran called Hustegars . This process, which is not limited by time, requires much greater courage on the part of parents, as well as on the part of the future groom or bride, as compared with marriage by agreement with the established time limit. Men and women are afraid of the shame and emotional trauma that can be received from a possible failure, and therefore avoid the process of courtship. In some cases, the future marriage partner may be chosen by the children themselves, and not by the parents or the matchmaker. In such cases, parents must disagree on the selection and not allow the marriage to take place, or agree to the selection and agree to the marriage. Such cases differ from love marriages, because the process of courtship is shortened or completely absent, and parents have the prerogative to give disagreement to the selection. Marriages by agreement are popular in South Korea.
• A marriage of love is a union of two persons based on mutual love, affection, attraction, and commitment. Although this term is somewhat different in the Western sense, where all marriages are considered “love marriages”, it has a meaning somewhere that characterizes the concept of marriage, which is different from “marriage by agreement” and “forced marriage”. Being ousted at the dawn of the Middle Ages, the institution of marriage for love was revived relatively recently, from the XVI century. in Europe, when wandering troubadours romanticized love marriages forbidden at that time, which were independently and secretly arranged between excommunicated and condemned people outside the church. Prior to this, the creation of marriage with the blessing of the clergy or the church reigned. Parents could give blessings on behalf of the church or the clergy. Depending on the culture, love marriages can be unpopular and disapproving. The concept of "marriage for love" in the East (Southeast Asia) is different from the concept of "marriage for love" in the West. If in the West, marriage for love is preferable to marriage by agreement (with marriage by calculation, for example), then in the East, traditionally - the opposite. Love marriages were considered a tribal shame, although the modernized Americanized East now considers love marriages to be a common occurrence [7]. As Professor Georgy Derlugyan notes, earlier “all over the world, the family was, above all, a socio-economic unit. A peasant without a family simply could not live normally. And even more so a woman. By the second half of the 20th century, he considers the time when “it turned out that a woman is able to earn and feed herself. She really could afford to leave her husband, if he is a drunkard and a worthless person, and alone raise the child. People got the opportunity to ensure that their family life was built on love. Previously, of course, it was also assumed that it would be good to marry and marry for love, but these were only romantic dreams. In practice, love and marriage were completely different things and often didn’t even intersect ”[8].
• A marriage of convenience is a marriage which is not concluded for reasons of relationship, family, or love. Instead, such an alliance is arranged for personal gain or other types of strategic goals, such as political marriage, for example. The phrase is borrowed from the French mariage de convenance - marriage of eligibility. Metaphorical use of the phrase . The term “marriage of convenience” is also a generalization of any partnership between groups or individuals for their mutual (sometimes not legitimate) interest, or between groups or individuals whose cooperation in the ordinary scenario would be considered unacceptable. Examples include the “government of national unity” of Israel, which existed in the 1980s or in Great Britain during the Second World War. More precisely, cohabitation refers to a political situation that may arise in countries with a semi-presidential system (especially in France), where the president and the prime minister belong to opposite political blocs.
• Forced Marriage -

  Marriage under duress. (caricature of the early 20th century)

  it is a term used to describe a marriage, in which one or both parties married without his or her consent or against his or her will with the assistance of their parents or a third party (matchmaker) in the selection of a spouse, although the difference between the last two may be insignificant. The practice of forced marriage was very common among the upper class in Europe until the 20th century, and it is still found in some parts of Southeast Asia, the Middle East, and Africa. Forced marriages in the West are arranged mainly for immigrants from these countries. In almost all marriages, the bride (less often the groom) becomes a wife not voluntarily. The UN sees coercive marriages as a form of human rights violation, since they do not comply with the principle of human freedom and independence. The Roman Catholic Church believes that the reason for making a marriage decision invalid is quite weighty - for the reality of marriage, both parties must give their consent freely, without pressure from outside. Historically, forced marriage was arranged in order to demand from the prisoner (slave or prisoner of war) to merge with the society of stay, and accept his or her destiny. One example is the English blacksmith John R. Jewitt , who spent three years as a captive among the Nutka Indians on the Pacific Northwest coast in 1802-1805. He was forced to marry by decision of the council of leaders, who believed that his wife and family life could reconcile him to remain for the rest of his life with those who captured him. Before Jewitt, there was a choice between accepting a marriage under duress and capital punishment for him and his "father" (the second comrade with whom Jewitt was captured). Driven to such an extreme, with death on the one hand and marriage alliance on the other, I decided that the best way out would be to choose the lesser of two evils "(p. 154) [9].
• Marriage “on aerial” is a type of forced marriage in the event of an unplanned pregnancy. Some religions and cultures see a moral imperative in this case to marry, on the grounds that extramarital affairs are sinful [10]. The phrase “marriage on aerial” is a colloquial expression, the Russian etymology of which has not been established, and the phrase is analogous to the American phrase “marriage under the barrel of a shotgun” (English shotgun marriage ), which hyperbolically describes a scenario in which the father of a pregnant girl resorts to the use of force (threatening a shotgun, for example) in order to make the guy who caused the girl’s pregnancy go through with it, sometimes even guiding him to the altar to prevent him from escaping. The use of force to forcibly obtain consent to marry in the United States is no longer legal, although records of similar examples of intimidation in the 18th and 19th centuries are found in anecdotes and other folklore. The purpose of such a marriage is to take responsibility for the child by his father as a guarantee that the child will be raised by both parents, and a guarantee that the mother will have material support. In some cases, the main goal is to restore the honor of the mother in the eyes of society. Aerial marriages are becoming less disgraceful, associated with a child born out of wedlock, because the number of such marriages is growing, on the one hand, and on the other hand, the growing opportunities for protection and abortions reduce the need for single mothers.
• Sham marriage is a feigned registration of marriage without the intention of either party or one of them to start a family. Sham marriage can be for various reasons: obtaining citizenship, political asylum, housing, inheritance of property, receiving a pension, other mercenary and other purposes. The proven lack of intent to start a family in Russia is grounds for invalidating a marriage. One example of fictitious marriages is " lavender marriages " - marriages between gay and lesbian or between gay and heterosexual women, which serve to cover the homosexual orientation.
• Compensation marriages - also known by other names, such as bathing, swara, or san chatti - are traditional marriages for forcing girls to solve tribal disputes in parts of Pakistan and Afghanistan. Although this practice is forbidden in Pakistan, it is still widely used in the province of Khyber Pakhtunkhwa.
• Political marriage - a marriage concluded for reasons of political advantage. В прошлые века к таким бракам прибегали монархи некоторых стран для укрепления дружеских отношений между их государствами.
• «Белый брак» — брак, вступая в который, супруги сознательно отказываются от сексуальных отношений, преследуя исключительно духовные цели. Получил некоторое распространение, в частности, в кругах духовно ищущей творческой интеллигенции России рубежа 19-20 веков. Иногда рассматривался как особая форма сожительства «монашествующих в миру», благословлялся некоторыми священниками в период преследования верующих (включая монашествующих) в 20-30-х годах 20 века.
• Marriage on assignment - a marriage contracted by intelligence agents on the instructions of the leadership. The purpose of such a marriage is to cover up illegal activities in the host country. Marriage on assignment was widely used in the intelligence services of the USSR and is still used by Russian intelligence [11]. Marriage on the assignment does not exclude the birth of children, which, according to the commentators, may pose major psychological problems for the latter [12].

Related terms

• Wedding - the solemn ceremony of marriage.
• Guest marriage - a registered marriage, in which the spouses do not conduct a joint household, live separately, sometimes in different cities.
• A posthumous marriage is a “retroactive” marriage after the death of one of the spouses.
• Mesalliance - marriage between people of different classes or classes, between people who are very different in property or social status. Morganatic marriage is a kind of mesalliance, as a result of which a person of lower social status does not improve it. Currently, this concept is preserved in the dynastic regulations and laws of several countries.
• Групповой брак — в соответствии со взглядами ряда учёных (например, Льюиса Моргана[13] и Фридриха Энгельса[14], некоторых советских этнологов) исторически первая форма брака, при которой в брачные отношения вступали два рода людей, а не отдельные люди. Каждый человек из одного рода мог своевольно находиться в свободных от обязательств половых отношениях с одним (или несколькими одновременно) представителями противоположного пола из второго рода, но не своего, внутриродовые карались смертью. Имущественные отношения при этом регулировались внутриродово, отношения детопроизодства — межродово. Также в обиходе групповым браком (M+N) часто называют сожительство нескольких женщин (N) с несколькими мужчинами (M).
• Виртуальный брак — ненастоящий брак, заключённый и существующий лишь в Интернете.
• Levirat is a marriage custom that allows a widow to marry only her husband’s close relatives (for example, brothers)
• Sororat - the ability to marry simultaneously with several siblings of a wife.

Marriage in history

Monogamous relations in primitive society were consolidated due to increased competition of men for women of childbearing age due to the general increase in life expectancy; at the same time, the reproductive age of women remained limited, and in men it increased with life expectancy. The strategy for the protection of a permanent partner, according to some anthropologists, turned out to be the most advantageous [15].

На протяжении длительного времени во многих обществах браки устраивались родителями и родственниками старшего поколения, с целью не вызвать любовь, а из прагматических соображений[16]; романтика при этом была чем-то тем, что происходило незаметно вне брака, как, например, тайные встречи[17]. Как пишет в своей Большой Истории профессор Д. Кристиан, с начала XVIII века мировое движение общества может быть охарактеризовано как «расширение прав и возможностей личности», что приводит к эмансипации женщин и равенству отдельных лиц, и эти изменения оказали глубокое влияние на отношения между полами. Родительское влияние уменьшилось. Во многих обществах люди смогли решать — сами за себя — должны ли они вступить в брак, с кем они должны вступить в брак, и когда они должны вступить в брак.

В середине XX века появление контроля над рождаемостью, а также безопасных процедур аборта значительно изменило баланс сил, и уменьшило социальное давление к браку, как средству удовлетворения сексуальных побуждений. Сформировались новые типы отношений, что позволило людям жить вместе, без необходимости вступать в брак и без необходимости иметь дело с детьми.

Брак и дети

Свидетельство о браке. НКВД УССР, 1939

Образование длительно существующих пар (или бо́льших групп особей) возникает у тех живых существ, детёныши которых после появления на свет длительно нуждаются в заботе и уходе, которые не может предоставить только один родитель, связанный также необходимостью добывать средства к существованию. Кроме людей, это, например, птенцовые птицы. У тех живых существ, у которых детёныши после появления на свет уже достаточно развиты, чтобы самостоятельно искать корм и питаться, длительно устойчивых семейных пар не образуется, пример — выводковые птицы.

Брак изначально был создан как социальный институт, зачастую имеющий религиозную форму, для регламентации вопросов, связанных с созданием и функционированием семьи, в том числе вопросов, связанных с детьми. Именно в связи с появлением парного брака, как считается, появилась возможность фиксации отцовства. Впоследствии отсутствие такой фиксации в традиционных обществах приводило к тому, что внебрачные дети были ущемлены в правах по отношению к «законным» (рождённым в браке) детям. В ряде стран брачное законодательство, по-прежнему, и сегодня ещё дифференцирует права детей, рождённых в браке или вне брака. Однако правовые системы многих стран обеспечивают защиту ребёнка независимо от того, был ли он рождён в браке или нет, поэтому многие пары создают семьи, не заключая браков.

In Russia, children born out of wedlock retain the same rights as those born in marriage, if both parents recognize them. However, if the father refuses to recognize the illegitimate child as his fatherhood, it is often necessary to specifically prove in court. Interestingly, family law in Russia formally severely restricts the rights of parents to dispose of children's rights, prohibiting the refusal of the legal representative of a child of his rights and property.

In many countries, the adoption of an orphan is required to be married, single children are not allowed to adopt.

The states of our time often support the family as a “cell of society”. This is due to the fact that it is the family that performs the main work of raising children. Despite the fact that in a number of countries (including Russia) this support is small, it exists, despite financial difficulties, because it is in demand by society. Large families receive additional support.

At the same time, many couples are created without the goal of having children. Many heterosexual couples voluntarily refuse children (childfree) and can not have children because of infertility or because of age. In addition, there are also same-sex couples and transgender people, who in many countries can also marry today.

Religious understanding of marriage

In "Theogony" ( another title. «Богосмешение») Ферекида Зевс вступил в брак с Хтонией, которая «получила имя Геи, так как Зевс дал ей Землю в качестве свадебного подарка». Зевс создал землю и океан, вышивая их на свадебном покрывале (в те времена существовал обычай: невеста обменивала своё свадебное покрывало на покрывало, вышитое её женихом)[18]: «„Желая, чтобы совершился брак с тобой, я этим чту тебя. Ты же будь довольна мною и будь мне соучастницей“. Говорят, что это семейное празднество встречи жениха и невесты случилось впервые. Отсюда же возник соответствующий закон для людей и богов. Она же отвечала, приняв благостно покрывало…»[19]. В передаче Прокла: «Зевс, намереваясь быть демиургом, превратился в Эроса[20]: создав космос из противоположностей, он привёл его к согласию и любви и посеял во всём тождественность и единение, пронизывающее универсум[21]».

В иудаизме

Брак в иудаизме

См. также Хупа

Judaism regards marriage as the most desirable status of a person and sees in it a social institution created by God in the time of creation. According to the Bible, the goal of marriage is mutual aid between a man and a woman (Gen. 2:18), their carnal intimacy (Gen. 2:24) and the extension and increase of the human race (Gen. 1:28). Although in biblical times polygamy was widespread (see, for example, Judges 8:30; II Sam. 5:13; I C. 11: 3; II Chr. 11:21), numerous references to one wife they suggest that monogamy was the main form of marriage (see, for example, Ps. 128: 3; Pr. 12: 4, 18:22, 19:14, especially 31: 10-31). The metaphorical comparison of the relationship between God and Israel (or Jerusalem) with the relationship between the bride and groom (Isa. 61:10, 62: 5) or husband and wife (Ie. 16; Hosh. 2) was also often found in the books of the prophets monogamous marriage, because only he could be likened to the connection between God and the only people chosen by Him.

In christianity

Church marriage

Christianity believes marriage is a divinely established lifelong union of man and woman. So, Jesus Christ, answering (Matt 19.4-6) on questions about the admissibility of a divorce, quotes Genesis 1.27 and Genesis 2.24, after which he affirms the principle of the indissolubility of marriage:

He answered them: have you not read that the One who created the man and the woman at the beginning made them? And he said: Therefore a man will leave his father and mother and cling to his wife, and the two will be one flesh, so that they are no longer two, but one flesh. So, what God has combined, man should not separate him.

In the Holy Scripture, Christ speaks of Himself as the bridegroom (Matthew 9. 15; 25. 1-13; Luke 12. 35-36), and the anointed co-rulers of Jesus Christ are depicted as His wife and bride (Eph. 5. 24; Rev. 21. 9). [22]

In islam

Marriage in Islam

Marital relations in Islam are based on the principles of glasnost (mystery marriage is interpreted as debauchery), voluntariness and the obligation of the husband to pay a gift (mahr). Consent to marriage by the legal guardian ( wali ) of a girl is preferable (stipulated in Hadith), but not necessarily [23].

In buddhism

Buddhism

Violation of marital fidelity is a violation of one of the principles of the Teaching. At the same time, marriage as such is exclusively secular.

Age of marriage

Minimum marriage age

The age at which a person gets the right to marry independently, as well as with parental or other consent, depends on the country and may be different for girls and boys. Until recently, the age of marriage for girls in many countries was lower than for boys, but now in many places it has been raised to the age of boys for gender equality. Age and other conditions required for marriage vary from country to country, but are usually set at age eighteen. In most countries marriage is allowed at the age previously established, with parental consent or judicial approval, in some countries also allow young people to marry if the girl is pregnant. In many developing countries, formal prescriptions of the age of marriage are only guidelines. In some societies, marriage with a person (usually a girl) under the age of 18 is considered as a child marriage.

When the marriage age is lower in religious law than in the law of the country, then the law of the state prevails. However, some religious communities do not accept the supremacy of state law in this matter, which can lead to child marriage or forced marriage.

The willingness of young people to marry

“For legal marriage, against illegal marriage!”, The slogan in the village of Xinupu, Hubei Province of China

Psychological vocabulary treats psychological readiness for marriage as a system of psychological characteristics of the subject, ensuring a successful marriage. It includes: physiological readiness for marriage (the ability to reproductive function); general personal readiness (the necessary level of mental development is psychological maturity).

Borman R., Schille G., T.V. Andreeva, I.V. Grebennikov, and V.A. Sysenko were engaged in this problem. I. V. Grebennikov writes that marriage means the creation of a family and gives rise to new rights and obligations in relation to each other and to future children.

Spouses have equal rights and duties: they raise children together, by mutual consent, solve all issues of family life. They have equal rights to own, use and dispose of property acquired during the marriage in the mutual material content of each other. Spouses are free to choose occupations, professions, and place of residence.

T.V. Andreeva, I.V. Grebennikov and V.A. Sysenko distinguish three main stages of young people’s readiness for marriage:

1. Physical maturity . It is believed that the onset of the marriage age means the completion of the physical development of man. And indeed, its height, body weight, chest circumference, muscle in size are close to their size in an adult.
   In adolescence, puberty ends, that is, puberty. Physiologists consider him one of the most responsible in human life. This means the ability of young people to conceive a child without compromising their health, and for the girl also the ability to bear and give birth to a healthy child. Of course, puberty is one of the most important foundations of marriage. But sexual maturity is not yet an indicator of social and psychological readiness for marriage. Nor does she mean readiness for a harmonious sex life in marriage. But it is also necessary ethical and economic readiness for family life, not to do without mastering the alphabet of raising children, self-education. Therefore, it is not easy to determine who, out of eighteen, is already socially and morally ready for marriage, and who is still looking at adult life through the eyes of a child.
2. Social maturity . Among the indicators of social readiness for creating a family that have been adopted in society, the authors list the following: completion of education, the acquisition of a profession or the continuation of higher education, the beginning of self-employment. Social and economic readiness for marriage is inextricably linked with this, the essence of which is the ability of young people to independently provide for themselves and their family financially. However, a part of young people become economically independent from the parental family at the age of 18-19, and the other part has been receiving financial help from their parents for another five to seven years. This contradiction is a serious obstacle to the hardening of marriage unions. Social readiness for marriage includes the awareness of young people that they take responsibility for each other, for their family, for their children.
3. Ethical-psychological readiness for marriage . A key prerequisite for the harmony of marriage and family strength is the ethical and psychological readiness of those entering into marriage. It includes many factors that interact with each other. A young man or girl cannot be considered prepared for marriage, if they do not have the ideal of a modern family, if they do not have a clear idea of ​​why they are getting married, what they expect from the family, what family relationships they want to build, what responsibilities they impose on marriage, parenthood Future spouses must be prepared to create, by conscious joint efforts, favorable conditions for the life of the family, for each of its members.

With a person's family, as a rule, he associates his desire to be happy. Relationships between spouses and the nature of family life are influenced by the motives for marriage. Awareness of them is an important indicator of ethical and psychological readiness for family life.

The popularity of the institution of marriage in society

The family plays an important role in the life of society as a whole and in the life of every person. Many problems that arise in the modern family are the result of not only a violation of the interaction between spouses, but also changes in gender stereotypes over the past five or six generations. Contradictions between sociocultural norms, gender roles and the archetypes of marital relations lead to difficulties and tensions that require awareness, research and reflection. Over the past 100-150 years, a number of socio-economic and technical achievements have occurred: an increase in life expectancy, facilitation of domestic work by means of technical progress, female education, women's equality in matters of professional employment, etc. Each of these achievements has contributed to the destabilization of the institution of marriage.

According to the psychotherapist Alexander Poleev, “the family as such is becoming less and less popular form of life, a form of relationship between a man and a woman. The place of the family rather quickly, right before our eyes, is occupied by other forms of relations: guest, extraterritorial, partial, contractual and some other ”[24] [25].

Statistics show that the percentage of people living in an unregistered or de facto marriage is growing around the world and does not have a clear dependence on the standard of living in a given country, while the percentage of adults in a traditional marriage falls accordingly. For example, back in 1960, approximately 5% of children in the United States were born to unmarried women, but already in 1980, this figure reached 18%, and in 2009, 41% — that is, an increase of almost 8 times in 50 years [26]. In Europe, the percentage of actual marriages has also steadily increased over the past decades. According to Eurostat, in 2011, 37.3% of all births in 27 EU countries were extramarital [27]. Most of the children were born out of wedlock in Iceland (64.3%), Estonia (59.7%), Slovenia (56.8%), Bulgaria (56%), Norway (55%), Sweden (54.2%) and France (55%). Other European countries with a high birth rate are Belgium (49%), Denmark (48.6%), Great Britain (46.9%), Latvia (43.7%), the Netherlands (43.3%), Hungary (42 , 2%), Czech Republic (41.8%), Finland (40.8%), Austria (40.4%), Slovakia (34%), Germany (33.5%). Slightly lower share of extramarital births in Greece (8.1%) and in Cyprus (15.2%) [27]. In Russia, almost every third child (30%) was born out of wedlock in 2010 [28].

However, the leaders in extramarital affairs are Latin American countries, despite the high proportion of religious Catholics in these countries. According to the UN, in 1998, from 55% to 74% of children in Latin countries were born out of wedlock, and this became the norm rather than the exception [29]. Thus, the proportion of children born out of wedlock: 41.5% in Mexico, 43.6% in Chile, 45.8% in Puerto Rico, 48.2% in Costa Rica, 52 in Argentina 7%, in Belize - 58.1%, in El Salvador - 73%, in Panama - 80% [29].

Marriage Scams and Fraud

The promise of marriage may be an element of fraud, however:

“The actions of a person who has obtained the consent of a woman to engage in sexual intercourse or commit acts of a sexual nature by deception or abuse of trust (for example, a deliberately false promise to marry with her) cannot be considered crimes against sexual integrity and sexual freedom.”

- Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2004 N 11 Moscow “On judicial practice in cases of crimes stipulated by Articles 131 and 132 of the Criminal Code of the Russian Federation”.

At the same time, although in a marriage of convenience, the main purpose is the taking of property or other benefits of a spouse, this type of marriage is not considered as fraud, and is not regulated in any way from the point of view of the law.

Divorce

Divorce

In secular states to which Russia belongs, as well as in a number of denominations, the dissolution of a marriage union (divorce) is allowed on various grounds. In Russia, with the consent of both spouses who do not have common children, a divorce is possible in the registry offices. If one of the spouses is against divorce, as well as in the presence of common minor children (even with the mutual consent of the divorcing), the divorce is made through the courts. A husband has no right to initiate a divorce case during his wife’s pregnancy and within a year after the birth of a child without the wife’s consent.

In different religious systems, the procedure for divorce can be much more complicated than in the Russian Federation, and much easier. For example, the dissolution of a Catholic parish is almost impossible, and in Islamic law, a husband just needs to utter a special phrase for divorce. However, even this simplicity is limited by other regulations.

In Russia, just over 1 million couples get married annually, with about 700,000 families filing for divorce [30].

Property side

Legislation of all countries regulates the property relations of spouses, especially in case of divorce or death of one of the spouses. In Russia, the law on marriage and family establishes that property acquired during marriage, unless otherwise stated in the marriage contract, is the joint property of the spouses, regardless of the ratio of their incomes. In divorce, this property is divided equally.

Different countries have different regulation of this issue. Thus, in ancient Rome, spouses usually kept their property separately - during divorce, the wife could not claim the property of her husband, and the husband could not claim the property of his wife [31] [32].

In state legislation

Russia

In Russia, marriage registration is carried out in a specialized state body - the civil registry office (in which, as a rule, there are specialized premises (Wedding Palaces, etc.), where the event of marriage registration is given a solemn form). According to the Family Code of the Russian Federation, a marriage is entered into with the personal presence of persons wishing to conclude it, at the end of a month from the day they filed an application (this period may be, for a number of reasons, both extended - no more than a month, or shortened - up before registration on the day of application).

In Russia, marriage is a voluntary union of a man and a woman in which the spouses are fully equal (see part 3 of article 1 of the RF IC and part 1 of article 12 of the RF IC. Only a marriage concluded in state bodies of civil registration is recognized (REGISTRY OFFICES ), as well as a marriage performed according to religious rites before the formation or restoration of the Soviet registry offices.In the USSR until 1944, the so-called unregistered actual marriage was equated to a registered one.

Marriage stamp in a Russian passport

According to the Family Code of the Russian Federation, the following legally significant signs of marriage are distinguished:

• Marriage is a voluntary union. Marriage requires the free and voluntary mutual consent of the persons entering into marriage.
• Marriage is a union of a man and a woman, because in the Russian Federation only a man and a woman are recognized and protected by the state.
• Marriage is an equal union, which presupposes the existence of equal rights and obligations for each spouse in marriage.
• Marriage is a union made in compliance with certain rules established by law. Registration of marriage properly is proof of the entry of citizens into a marriage community, which the state takes under its protection.

The condition for entering into a marriage is:

• voluntary consent of persons wishing to enter into marriage;
• the achievement of persons wishing to enter into marriage, the age of marriage (as a general rule, eighteen years, but marriage can be concluded between the ages of 16 and 18, with the consent of local governments, and the age can be lowered if the subject of the Russian Federation accepts the law on the reduction of the marriage age, the family legislation of the Russian Federation does not set a limit to which the marriage age can be reduced, therefore each subject has its own regulatory acts on this subject)

Marriage is not allowed in Russia (Article 14 of the RF IC and comments on it):

• if one of the persons is already in a registered marriage;
• between close relatives (parents and children, grandparents and grandchildren, full and half brothers and sisters;
• between adoptive parents and adopted children;
• if at least one person is recognized by a court as incapable due to a mental disorder.

Disputes about the legalization of polygamy in Russia

From the deputies of local parliaments and religious leaders of a number of subjects of the Russian Federation came the initiative to recognize polygamy at the legislative level. In particular, attempts to legalize polygamy were in Bashkortostan, Chechnya and Tatarstan [33]. However, in none of the regions have the proposals of politicians been approved. But despite this, in some Russian families (mostly Muslim), men have several wives at once, although such marriages are not official [34] [35].

Features of registration of marriage with foreign citizens

Decree of the Presidium of the Supreme Soviet of the USSR of February 15, 1947 "On the prohibition of marriages between citizens of the USSR and foreigners" marriages of citizens of the USSR with foreign citizens in general were not allowed. This decree was repealed in 1953 [36], but for a long time in the RSFSR, the application of the norms of foreign family law was in fact not allowed. Так, согласно ст. 161 Кодекса о браке и семье РСФСР, при заключении на территории РСФСР браков советских граждан с иностранными гражданами и браков иностранных граждан между собой разрешалось использовать только советское семейное законодательство.

В настоящее время, в соответствии с ч. 1 ст. 156 СК РФ, форма и порядок заключения брака на территории Российской Федерации, независимо от гражданства лиц, вступающих в брак, определяются законодательством Российской Федерации.

Согласно ч. 2 ст. 156 СК РФ, условия заключения брака с иностранными гражданами на территории Российской Федерации определяются для каждого из лиц, вступающих в брак, законодательством государства, гражданином которого лицо является в момент заключения брака, с соблюдением требований статьи 14 СК РФ в отношении обстоятельств, препятствующих заключению брака. Из этого следует, что при заключении брака иностранные граждане не связаны необходимостью достижения брачного возраста в восемнадцать лет, предусмотренного ст. 12 СК РФ, если по закону их государства допускается заключение брака в более раннем возрасте, чем в Российской Федерации (например, 15-летняя француженка и 16-летняя британка или австралийка может вступить в брак с гражданином Российской Федерации без получения какого-либо специального разрешения на вступление в брак). С другой стороны, для них может существовать обязанность соблюдения условий заключения брака, не предусмотренных СК РФ, но закреплённых их национальным законодательством (например, получение разрешения на брак соответствующего компетентного органа своего государства).

Иностранный гражданин при подаче на территории Российской Федераций заявления о вступлении в брак должен представить справку, выданную компетентным государственным органом или консульством (посольством) государства, гражданином которого он является, подтверждающую, что он в браке не состоит, и легализованную в соответствующем консульском учреждении, если иное не вытекает из международных договоров (ст. 13 Закона об актах гражданского состояния РФ)[37].

Признание браков, заключённых за рубежом

According to Part 1 of Art. 158 СК РФ, браки между гражданами России и браки между гражданами РФ и иностранными гражданами или лицами без гражданства, заключённые за пределами России с соблюдением законодательства того государства, на территории которого они заключены, признаются действительными на территории Российской Федерации, если отсутствуют обстоятельства, предусмотренные ст. 14 СК РФ.

Браки между иностранными гражданами, заключённые за пределами России с соблюдением законодательства того государства, на территории которого они были заключены, признаются действительными в России (ч. 2 ст. 158 СК РФ).

В то же время, согласно ст. 167 СК РФ, нормы иностранного семейного права не применяются в случае, если такое применение противоречило бы основам правопорядка (публичному порядку) Российской Федерации. В этом случае применяется законодательство Российской Федерации.

see also

• Family
• Marriage in christianity
• Chinese marriage