The commandment to perform marital duties. Law on matrimonial duty

Before marriage, all girls dream of meeting their prince and getting married, but after the registry office, most men turn into sofa kings. This happens more often due to the fact that the wives themselves take on a whole load of duties, trying to please the newly made head of the family. It is clear that everyone wants to become an excellent housewife and a source of pride for her husband, but it is still wiser to initially distribute household chores (and not only) equally.

Spousal duties of a husband

Duties of a husband towards his wife

In addition to financial support, the husband's marital duties should also include household chores, raising children, moral support for his wife, etc. Since the beginning life together While passion and desire to do something for each other boils in your relationship, explain to your soul mate that you are not ready to do everything on your own. For example, you can cook together or take turns. If a man does not have culinary talents, then he can wash dishes or do other household chores. It is necessary to explain calmly, without reproaches, and also take into account the employment of the husband. If he works at a hard job and almost without days off, then most likely you will have to cope with household chores alone.

In addition to domestic problems, the husband (like the wife) must support the spouse morally. It is very important to reach full mutual understanding, to have common interests and joint leisure. For example, joint trips to friends, karaoke or a regular walk will not take much time, but it will allow you to maintain a tender, reverent relationship. Men often wonder how to improve relations with their wife, although the answer is quite obvious: just learn to hear and understand.

Husband's duties towards children

A fairly large number of men believe that the duties of a husband in relation to his wife are the satisfaction of financial and sexual needs. This misleading assumption is often a stumbling block for many couples.
Many mothers know how difficult it is to achieve close contact between the child and the father. There is it iz-for rare dialogue of fathers with crumbs or wrong communication. At an early age of a child, many men are afraid to be alone with the baby, justifying this by the inability to care for the baby. Some at least strive to learn, but there are fathers who, by the age of their children, have not learned to find mutual language. First of all, the wife should explain her husband's responsibilities in relation to the children, as well as help to establish contact, leaving them alone more often. Let dad take the children to circles, help them do their homework or just fool around, the main thing is that at this time a thin thread “child-dad” is tied.

It is worth noting that the main thing in this matter is not to overdo it, since you can completely discourage the desire of your husband to help you and take care of the child. If you do everything in an orderly tone, hinting at the failure of your husband in some matters, you can easily be left without him. Learn to carefully and very carefully guide your husband, while fully supporting him in any attempts and undertakings. Learn to prioritize, the husband's household duties can be pushed aside if he decides to spend time with the child. And do not forget that the construction is strong, happy family requires the participation of each of its members.

Reading time: 10 minutes

It is generally accepted that the stamp in the passport is a banal formality, so to speak, a relic of the past, which actually does not change anything in the life of a young couple. And this is a big mistake: such a stamp gives rise to the rights and obligations of the spouses, and this is already a great mutual responsibility. Newlyweds rarely realize the full burden of marital relations, which is why the deplorable divorce statistics are formed. Let's talk about the essence of the rights and obligations arising between spouses.

When do marital relations arise?

Living together, maintaining a common life and even the birth of a common child - none of this gives a man and a woman reason to be considered a married couple. And consequently, between them there is also no legal relationship connected with matrimony.

The only reason for their occurrence is marriage. He, as you know, is in the registry office with the personal presence of the spouses and with their mutual consent. The need for such presence and consent is due to the fact that marriage is a right, not an obligation. And such a right creates for each of the spouses the scope of rights and obligations for which they are responsible.

Now let's figure out from what moment the rights and obligations of spouses arise. Marriage, as we know, is subject to mandatory state registration. It is carried out by the registry office staff after a month after the application is submitted, that is, at the same moment when the painting of the bride and groom takes place. It is at this moment that a marital bond arises between a man and a woman, expressed in mutual rights and obligations.

Legislation

Family law- a very wide range of legal acts. However, the performance of family obligations in family law is governed exclusively by the Family Code. For example, the main conditions general order the conclusion of a marriage union, the minimum age, obstacles and other points related to marriage are stipulated in chapter 3 of the UK.

The rights and obligations of persons who have entered into marriage are directly stipulated in section III of the UK: it deals with marital relations, both personal and property.

In particular, personal rights and obligations are regulated, a matrimonial property regime is established, responsibility for common obligations is determined, and so on. The regime of matrimonial property is also stipulated by the provisions of Art. 256 GK

In this context, one cannot fail to mention also the Federal Law “On acts of civil status”, in particular, Art. 27 of the law. It is she who determines the procedure for state registration of marriage, from the moment of which matrimonial relations arise.

What rights do spouses have?

Before we figure out what the basic rights of married people are, for starters, we note that these rights are usually divided into personal and property. Such a division is due to the nature and specifics of the legal relations arising in a married couple: personal rights, by definition, have no material expression, while the property rights of spouses relate exclusively to the material component of the newly created family and specifically to each of its members.

Therefore, it is logical to consider the concept and meaning of each category of these rights separately.

Personal rights of husband and wife

Personal non-property rights of spouses are a type of subjective rights related to intangible benefits. Their peculiarity is that they have no economic content, cannot be taken away from any of the spouses and exist as long as there is a marriage concluded between them.

Like any other intangible powers of citizens, the personal non-property rights of spouses are inseparable from the personality of their bearers, and therefore cannot be alienated to third parties.

Russian legislation, and in particular Art. 31 UK, defines the equal rights of husband and wife in their personal relationships. The law guarantees to everyone who has entered into a marriage union, regardless of sex, color or nationality, the application of the principle of marital equality.

Regulating personal legal relations between spouses, the Family Code highlights the types of rights they have, such as:

Freedom of choice of location and permanent residence. Husband and wife are free to choose where they live, although they almost always live together. If one of them changes his permanent place of residence, the second is not obliged to follow him.
Freedom to determine occupation, place of work and profession. The right of everyone to freely choose the type of activity and profession is enshrined in Art. 37 of the Constitution. Marriage does not oblige the spouses to obtain the consent of the husband or wife to choose a profession. Moreover, each spouse is obliged to assist the other in choosing a profession.
Equality in family matters. In addition to the topics of paternity, motherhood and child rearing, the law does not specify what specific family issues can be discussed. But, regardless of their nature, none of the spouses has any advantage in their resolution.
The right to choose your future surname when registering a marriage. According to Art. 32 of the UK, each of the newlyweds has the right to take the surname of the other or stay with his premarital. In addition, they can form a double surname and assign it to one spouse or both.

Property rights of the newlyweds

The property rights of spouses affect a more significant range of legal relations. These are relations arising between citizens who are married and concerning their common property and mutual material support. Since property is the most relevant topic in the matter of property relations of spouses, we will first dwell on it.

As you know, the legislation defines 2 possible regimes of matrimonial property: legal (Chapter 7 of the UK) and contractual (Chapter 8 of the UK).

Family responsibilities of husband and wife

Fixing the non-property obligations of the spouses, the legislator primarily proceeds from the interests of the family. This is due to the fact that, according to Art. 7 of the Constitution, the family is provided state support, and according to Art. 38 CRF and Art. 1 UK, it is under the comprehensive protection of the state.

All family legislation is built on the principles of strengthening the family and mutual love within it, respect and mutual assistance.

All this is reflected in paragraph 3 of Art. 31 of the UK, according to which marital personal obligations are obligations for:

building relationships in the family based on mutual respect, mutual assistance and love;
promote family relations, family prosperity;
upbringing and development of children, care for their prosperity and well-being.

In addition, each spouse is obliged to respect the personal rights of the other, guaranteed by family law, and therefore the list of family responsibilities should also include the obligation to:

not interfere with the spouse's choice of work, occupation or place of residence;
take his opinion into account when solving important family issues;
respect his choice regarding the postmarital surname.

Property obligations of husband and wife

Despite the fact that this is not directly provided for by law, the main property obligation of the spouses can be considered the formation family budget and housekeeping - all this takes place within the framework of caring for family welfare. At the same time, the law does not oblige each spouse to earn and make an equivalent contribution to the welfare of the family: such a contribution must be feasible, corresponding to the capabilities of each. Therefore, housekeeping is valued in the same way as the acquisition of property for the family or the formation of a budget.

The division of property responsibilities in the family is the subject of an agreement between the spouses. It is a mistake to assume that the husband's marital obligations to his wife in marriage take precedence over the wife's obligations to her husband.

As in all other legal relations, the legislator proceeds from the equality of property obligations in the family, unless, as a result of an agreement, the husband and wife have come to a different conclusion.

As for the obligations stipulated by law, in this context, the UK distinguishes several groups, among which:

related to the mutual maintenance of spouses;
related to the fulfillment of obligations towards creditors;
related to parenting.

Responsibilities for mutual maintenance

Alimony obligations of a married couple, including the former, are stipulated in chapter 14 of the UK. In accordance with paragraph 1 of Art. 89 UK, husband and wife are obliged to mutual financial support of each other. If, if financially possible, one of the spouses refuses to support the second, including after a divorce (Article 90 of the UK), you can be obliged to do so in court.

However, only on condition:

the presence of disability and need of the spouse (for the former - if such disability occurred within 12 months after the divorce or within 5 years after the divorce, he retired);
What ex-wife pregnant or raising a common child under 3 years old;
that the spouse, including the former, is raising a common child with a disability.

Maintenance funds are collected in the form of alimony. According to Art. 91 UK, their size is determined based on the material and family status of each spouse and is assigned in a fixed amount payable every month.

Liability for debt obligations

The common property regime applies not only to property acquired during marriage, but also to debts taken after the wedding. General debts are recognized that are taken by mutual agreement or by one of the spouses, if everything received was used in the interests of the family.

firstly, their implementation should not violate the freedoms and interests of other spouses or third parties, including children (for example, when a husband deliberately leaves the family, exercising his right to choose a place of residence, he violates the right of his child to live with his parents) ;

secondly, the abuse of marital rights is unacceptable (for example, when a wife terminates her pregnancy for the sake of a career, although her husband is against it, she essentially “usurps” the right to resolve important family issues);

thirdly, they must be used for their intended purpose, taking into account the requirements of morality and compliance with the law.

At the same time, the implementation family rights and the performance of duties has some features due to their specificity. It is, in particular, about:

the personal nature of the implementation - the rights and obligations of the spouses cannot be delegated to anyone;

the continuing repeated nature of their implementation, both through the commission of actions and inaction;

their existence exclusively within the framework and during the period of marital relations;

the fact that many rights are simultaneously in the nature of obligations and are subject to unconditional implementation;

social significance of marital relations.

Measures to protect marital rights

Since family and marital rights are subjective, personal, it cannot be ruled out that they may be violated. In this case, the law provides for protection measures - these are instruments of legal influence designed to stop or prevent violations of family rights. Family law does not focus on such measures in a separate article of the UK, determining the possibility of their application in the rules governing certain rights of spouses.
protection parental rights, including the removal of a child from a person who illegally holds him (Article 68 of the UK);

recognition of marriage as invalid and the consequences of this decision (Article 30 of the UK).

Family law responsibility

Unlike protection measures, family law liability is a measure of influence on the violator of family rights, applied exclusively to participants in family legal relations and expressed in adverse consequences for violators.

The responsibility of family members often depends on the will of the person whose rights are violated. Moreover, it can be established both by law and by agreement (for example, alimony agreement).

Mandatory conditions for its application to the violator is the presence of the fact of unlawful behavior, the guilt of the person in it and the presence of the result of such unlawful actions.

The most common measures of family law liability should be considered:

forfeit and losses caused by non-payment of alimony for the maintenance of minor children (Article 115 of the UK);

deprivation of a father or mother of parental rights caused by their guilty behavior towards the child (Article 69 of the UK);

a penalty for arrears in alimony for the maintenance of a spouse in accordance with the agreement (Article 89 of the UK), and so on.

Legal relations of cohabitants

The law in no way regulates the legal relations of cohabitants in " civil marriage". So it is customary to call the cohabitation of a man and a woman without the actual registration of family relations. However, according to Part 2 of Art. 1 UK, the main condition for recognizing relations as marriage is their registration in the registry office, therefore, actual cohabitation does not give rise to all the above-described marital rights and obligations.

This is connected not only with matrimonial, but also with all other legal relations. For example, the rights of a "civil wife" after the death of her husband do not allow her to inherit the deceased. If such a “wife” becomes disabled, she will not be able to demand maintenance from her partner. She is not granted the right to use the living quarters of a cohabitant, guaranteed to other family members in accordance with Art. 292 CC.

Moreover, if they suddenly have common children, the father's rights to the child, as well as father's duties, will arise only after a joint application is submitted to the registry office. However, this does not affect the rights of the child himself.

Conclusion

Considering all of the above, we can conclude that marital relations include a wide range of mutual rights and obligations. They are assigned to the husband and wife immediately after the state registration of marriage in the registry office.

It is important for each spouse to remember that marital rights and obligations can be not only personal, but also property, material. Each of them is obliged not only to honor and respect the spouse and family values, but also to take care of the well-being of the created family, not measuring the contribution to family well-being only by the size of their income.

Rights and obligations of spouses: Video

Lawyer. Member of the Chamber of Advocates of St. Petersburg. Experience more than 10 years. Graduated from St. Petersburg State University. I specialize in civil, family, housing, land law.

When marrying, all young couples are sure that it is their family that will be the strongest and happiest. But in order for the “reliable rear” to really remain such, both the husband and wife will have to make a lot of efforts, mutual understanding and patience. And just here it is worth talking about such a thing as "marital duty" ..

What is marital duty in a relationship of spouses?

In the first months after the painting, the fulfillment of marital duty gives the newlyweds exceptional pleasure. But, alas, over time, life and a number of other circumstances of family life after the wedding begin to seize.

And one of the frequent problems in families is that the wife refuses to fulfill her marital duty or does it reluctantly. If we are not talking about the lack of love and the presence of a third in a relationship, then we can identify a number of reasons that negatively affect the sexual life of spouses.

What affects the quality of a couple's intimate relationship:

Nature is so laid down that a woman is more calm about the intimate side of the issue; on the contrary, it is very important for a man to receive “satiation” and pleasure from his wife. Otherwise, he goes to seek sexual satisfaction on the side.

Any of us can fall in love with our own husband again and again. One has only to take care of oneself, wrap the spouse with care and attention, develop and be an interesting companion, they are not afraid of sexual "discoveries".

A morally and physically satisfied man is unlikely to go "to the left." But if problems arise in a family with sexual satisfaction, it is worth either on your own or with the help of a specialist to understand the psychology of family relationships.

marital debt law

In the fall of 2016, deputy E.B. Mizulina proposed introducing fine for men who evade the fulfillment of marital duty or perform it, let's say, without much enthusiasm. Moreover, the minimum norm for men under 45 is also stipulated - once a week! Whether the bill will be passed, time will tell. But at the moment in Family Code Russian Federation there are no obligations and prohibitions regarding intimate relationships in married couples. Therefore, if a wife or husband does not fulfill their marital duty, it is unlikely that they will be punished according to the law.

Exception - marriage contract. Here you can specify how many times a week the wife / husband should perform marital duty and other important points for you. At the same time, the points should not contradict current legislation(prostitution, humiliation of human dignity, etc.).

And yet, what is marital debt under the law:

Pair equally resolves joint issues related to family life;
Husband and wife have the right to independently choose their occupation, profession, place of residence and stay;
It is the responsibility of spouses to build family relationships based on mutual assistance and respect. Each of the couple should contribute to the strengthening of the family and participate in its well-being, take care of the development and well-being of children.

These Rights and Responsibilities apply to everyone who is a legal spouse. Rights and Responsibilities are designed to guide and define marital relations between every couple of spouses in Russia.

1. The spouse has the right to demand from the spouse the performance of marital duties.

2. Spouses should agree on the sequence of performance of marital duties and strictly observe it.

3. By agreement with one of the spouses, it is allowed to replace the other spouse in the event of a single impossibility to perform marital duties (tired, headache, other reasons).

4. In case of evasion of one of the spouses from the performance of marital duties, the other spouse has the right to demand their performance a second time.

5. It is forbidden for any of the spouses (spouse or someone else) to shift their duties to strangers (seconded from other cities, other persons, passers-by).

7. When performing marital duties, it is forbidden: to get up, walk, turn on and off the light without the need, talk loudly, smoke).

8. It is forbidden to perform marital duties in the presence of third parties (Negro, other persons).

9. If the performance of a marital duty is terminated at least a second before the end, the duty is considered unfulfilled.

10. In the absence of one of the spouses (business trip, other reason), the remaining spouse performs all duties himself.

11. In the event of the death of one of the spouses, the performance of marital duties may be suspended.

12. The same in case of death of both spouses.

13. Fulfillment of marital obligations before entering into marital relations is not called marital obligations.

14. It is called differently.

15. In case fictitious marriage marital duties must be performed fictitiously.

16. In the event that one or more spouses are Heroes of Socialist Labor or People's Artists of the USSR, the marital duty is called the Honorary Spousal Duty.

19. If one of the spouses works in the police, nothing in the marital rights and marital duties does not change.

20. The same for the other spouse.

21. The same for if both.

22. Everyone who has joined the ranks of spouses must know and be able to perform marital duties.

23. Ignorance of these Rights and Duties does not exempt from the performance of marital duties.

24. Forgery of one of the spouses is punishable by law.

25. Spouses and spouses! Demand the administration to perform marital duties!

The keeper of comfort and warmth, wife, mother, lover, family doctor and universal assistant - a woman has so many roles in the family that one can get confused. At the same time, a lot of duties fall on her shoulders, behind which the important and dominant role of a man is somehow imperceptibly lost. Meanwhile, do not forget the old proverb - a wife is a good husband.

What are the duties of a husband to his wife?

Why is it important for a man to be a protector?

The time has passed when the fathers of families literally protected the household from a variety of dangers, often standing on the threshold with weapons in their hands, so as not to let in robbers and villains.

Today, the average man does not carry weapons, he feels a more or less working system of state protection against crime, so in practice he does not have to show courage and ability to defend his home and the lives of his loved ones.

What, then, is his duty to protect the family today, and have our modern men lost this sense of duty because of the relative calm in society?

First of all, a man must still be ready to physically stand up for his wife, her honor and tranquility, and, if necessary, life and health. Physical form and self-defense skills never hurt, but this is not the main thing. Any woman appreciates courage and determination.

It is unlikely that there will be one who wants to see her husband in a fight, but if she becomes a witness to his cowardice or unresponsiveness, such behavior will for a long time leave the feeling that her life is not passing behind stone walls, but behind a straw fence. We, women, have the right to demand from our loved ones evidence of their strength and readiness to stand up for their family and home.

The protection that a man gives to a family is expressed not only in physical ability and moral readiness, but also in a completely different, civil way. The protection of an official marriage is of great importance for a calm atmosphere in the family.

The legal bonding of marriage ties speaks of the reliability of the companion, his desire to bear responsibility, the maturity of his actions and judgments. No offense to those who live in a civil marriage, but to say that an unmarried wife with a partner feels complete protection is an exaggeration.

Even if there is no direct need for a stamp, a woman’s ulterior motives will appear, while a state marriage (although it does not promise family happiness) guarantees fundamental rights to a woman and children. Therefore, men should strive to register a marriage - this is one of the most important duties of a husband.

Who will provide benefits for the family

Even if you are inclined towards equality in terms of earnings and belong to those families where the wife earns and brings the lion's share of material wealth into the house, think about it: are you depriving your spouse of the opportunity to fulfill his duties to you and your children well?

Now values are changing in the world before our eyes: communication skills, a commercial streak, the ability to negotiate and other qualities that are traditionally inherent in a larger volume of women are valued higher than purely masculine ones.

Few now blame young man in that he is not preoccupied with stocks in the pantry and is not trying to build a house for the family. Girlfriends and spouses willingly take on the extraction of funds and thus give men the opportunity to develop, look for their niche in society, open up in their favorite business, acquire new knowledge and experiment in business.

It cannot be said that this is the reason for today's irresponsibility of the stronger sex, but nevertheless this freedom leads away from the conscious need for a man to be the support and reliable foundation of his family.

Ideally, a spouse shouldn't have to worry about where to get groceries for dinner or how to get out of debt this year. Her role is prudent housekeeping, the ability to save money earned by her husband, spend food as little as possible, and not involve the family in excessive spending.

A good husband provides the family with a minimum:

own or paid advance housing and utilities;
savings for a rainy day;
food stocks for about a month;
clothing and footwear, medicines;
payment for education for children and qualified care for the sick and the elderly, and on both sides of the spouses.

The rest of the expenses from the category of newfangled household appliances and electronics, trips to resorts and abroad, chic furniture and so on - this is already possible. Demanding them from a husband is beyond expectations, but if it works out, then that's fine.

Another thing is that encouraging men to spend when their basic needs are not provided is not only unreasonable, but also dangerous. If trouble happens, the man will quickly sober up and realize that all the time he followed the desires of his own and his wife, did not fulfill his main duties and let down those close to him who were counting on him. In this regard, the ability of the husband and father to reasonably limit the exorbitant desires and ambitions of the spouse and children comes to the fore.

Responsibilities of Husband and Wife in Raising Children

Let's not idealize the male sex and honestly admit that raising children is given to them oh, how difficult. And yet, it is necessary to involve the husband in this process! How to do it right and where are the boundaries beyond which dad shirks from caring for children?

It happens that the father does not have a soul in the child from the very birth, delves into all the nuances, deftly changes diapers, warms up the mixture in the bottle. Then he carefully dresses and takes the baby to the kindergarten, is interested in the student's grades, gets sick at competitions and goes on ad infinitum.

But most often it turns out that the father clearly does not feel any special sympathy for the strange creature in diapers - a shriveled, screaming newborn. God forbid, sees him as a competitor for love. Is it necessary to treat such a daddy, suggesting to him that his duties include taking care of the baby?

You can remain unconvinced, but the classic family relationship is the involvement of the father in the upbringing of children at the age of 3-4 years. This is because the natural role of the father is to be the limiter and pass on knowledge and wisdom to his offspring.

Therefore, while the child is too small to listen and do something, there is no need to be upset about the easy detachment of the pope from the upbringing process. This is fine. A man in this period should be focused on ensuring peace, comfort, prosperity for a young mother and child. He will educate at least a slightly meaningful being who recognizes his authority and understands speech.

But note that there are situations when a mother simply physically cannot fully take care of the baby (she is sick, overworked, she needs to go to the hospital). A real man will not be afraid of the temporary prospect of being a nanny to her own child. Therefore, it is, of course, necessary to teach him the basics of care. And it is not worth demanding to perform everyday actions just like that, from the principle of equality.

What can be expected but not required

We do not touch upon in this article such duties as respecting and loving a spouse, making her happy, constantly exploring her inner world and supporting her spiritually - these are important duties of a husband in a family, but they relate to the moral sphere of relationships.

This plane is very difficult to understand and fulfill and strongly depends on the qualities of character, upbringing and the level of development of the personality of each particular man. Naturally, you expect respect from your man, otherwise you would not become his wife. It is also normal to demand attention and communication, otherwise your personal union is doomed to failure.