Family relationships are relationships thatare governed by family law and appear at the conclusion / dissolution of marriage, blood relationship, adoption, motherhood, etc. People enter into marriage based on feelings for each other and a mutual desire to be together, but not everyone can carry this feeling through years of living together , which leads to family disputes and disagreements. Family disagreements are the same disputes arising from family legal relationships. The most common cases that occur in our society are divorce, division of property and a dispute concerning the upbringing of children. In the absence of a marriage contract (due to its non-proliferation), regulating which of the spouses will get property and children in the event of a divorce, people are forced to apply to a court that considers lawsuits on disputes arising from family legal relations.
Special subjective composition. In addition to blood relatives, no one participates in them, all actions within the family are directed only at its members.
Basically have a personal character.The basic law of the family is the Family Code of the Russian Federation, which sets out the rights and obligations of family members towards each other and the spouses when they conclude / dissolve a marriage.
Family relations are inalienable and irreversible. A person has the right to renounce his family, not to communicate with relatives, but he will always remain a part of his family by blood.
Relations arise from specific legal facts: marriage, blood relationship, motherhood, adoption, etc.
Family legal relations are regulated by the rules of family law and conditionally divided into two components.
These include the choice of the last nameregistration / divorce, choice of joint residence, choice of profession by each of the spouses. Personal family legal relationship can be fixed by a marriage contract, which must be notarized. Violation of his points by one of the spouses serves as an excuse for divorce.
Here we are talking about the property that the couplejointly acquired while in a marriage. The paragraph on its division is permissible in the marriage contract (to facilitate the procedure for divorce), but in any case the property between the spouses will be divided legally on legal grounds.
In the absence of any of these componentsthe onset of family legal relationships is impossible. Marriage implies cohabitation, daily life, a common budget and purchases. Otherwise, the court has the right to recognize marriage as fictitious and to terminate it.
Conventionally, family disputes are divided into three groups, each of which has its own subspecies. The first and most common group: disputes arising from marital relations of spouses.
First: at the mutual desire of the spouses, in the absence of a dispute over property and general minor children, the spouses turn to the registry office with the necessary package of documents.
Second: through the world court, if there is a minor child, the issue of bringing up which parents decided among themselves.
The third:in case of discrepancy about the common child, the spouses apply to a court of general jurisdiction that will decide who the child will live with and what role the second parent will perform in relation to him.
The court decision comes into force in 10 days, induring which one of the former spouses can challenge it. If this does not happen, then the marriage is terminated (an appropriate certificate is issued), and marital relations are terminated.
A marriage contract that would govern thisissue in our country is not common, therefore, family and legal disputes over the division of property are resolved according to the Civil and Family Codes of the Russian Federation. Cases are considered by the magistrate (regardless of the amount of the claim). The amount of the state duty that the spouses must pay to consider their case depends on the amount of the claim. Resolving family disputes over property can turn into a protracted process in a few months, so when filing documents to the couple, it is necessary to argue why the property between them should be split that way.
Marriage is not valid if:
Marriage is imprisoned or coerced by one of the spouses, with evidence that one spouse is not able to report to his actions and decisions.
Marriage is fictitious.
The conclusion of marriage violates the conditions of the law on marriageable age (the marriage age is more than 18 years or the marriage is made from the age of 16 with the written consent of the parents, in case of pregnancy, emancipation).
In case of non-separation by one of the spouses of the previous marriage.
Close blood relationship of spouses.
Marriage between the adopted and the parent / guardian.
The incapacity of one (or both) spouse (for example, because of a mental disorder).
At the time of marriage, one of the spouses was HIV-infected or had a sexually transmitted disease, which he did not tell the second spouse.
The second group, which is part of the judicial family disputes, is formed from the "parents-children" relationship.
The most common dispute in this group -recovery of alimony. Alimony collects from parents for the maintenance of a minor child and an adult able-bodied child for the maintenance of disabled parents. The amount of alimony is determined by the court by allocating a part of the payer's income to their payment. This type of trial has no statute of limitations, but you can collect child support for the past period in no more than three years.
The most serious judicial dispute (in partevidence and emotional background) - deprivation of parental rights. The reasons for the Family Code of the Russian Federation, according to which a parent may lose his rights to a child:
The parent does not fulfill his obligations regarding his child, as provided for by the Constitution of the Russian Federation and the Family Code of the Russian Federation.
Methodical non-payment of alimony.
Brutal education and treatment of children.
Chronic alcoholism.
The abandonment of the child in danger (including leaving him in the maternity hospital or any children's institution).
Intentional crime against a spouse or child (threat to life and health).
Back and no less complicated procedure -restoration in parental rights. The parent, once deprived of the rights to the child, has reformed and changed his life for the better, now he is free to file a statement of claim for the return of his parental rights to the baby. The application is reviewed by the court, guardianship and trusteeship agencies and the prosecutor. It is impossible to restore parental rights when the child is adopted, but the adoptive parents did not refuse it.
Paternity is established by the courts.The claim is filed by any of the parents of the child, his guardian or guardian. If the child is of age, then this procedure is feasible only with his consent.
When the husband doubts his paternity (or knows for sure that the child is not his), he sues the court to challenge paternity, in order to avoid paying alimony for another child in the event of a divorce.
Another situation is the disintegration of the "civil marriage"when the parents of the child are not painted. The mother must submit to the court proof of paternity, the results of a genetic examination, to oblige a man to pay maintenance for the baby.
If parents represent for their childdanger (for example, have a severe chronic illness, are mentally unbalanced, etc.), guardianship and trusteeship agencies are required to file a lawsuit in court, where a decision will be made to restrict parental rights or to withdraw the child from the parents. In the case of an unchanged situation, after six months, the guardianship authorities file an action for the complete deprivation of parental rights.
In the category of "disputes on family matters"the phenomenon is widespread when after the divorce and abandonment of the child with one of the parents, the former spouses can not agree on what kind of participation in the upbringing of the child will be accepted by the parent who does not live with him on a permanent basis. In this case, the case is reviewed by the court and makes a decision stating how and in what order the second parent communicates with the child.
The following legal case excludes the form of "disputesfamily legal relationship ", because it is not in its pure form a dispute. Questions about adoption are decided by the court in the order of the statement of claim, to which the adopters attach a package of documents. On the basis of them, the court issues a decision on the refusal or satisfaction in adoption.
The third, not such an extensive category, as the previous two, includes the following marriage-family disputes:
These trials are not very popular and, as a rule, they are successful, that's why they rarely appear in court practice.
All family disputes, the types of which are described above,require intervention and supervision by professionals. Therefore, when applying to a court, first of all, find a qualified lawyer who will help to properly register and file all documents.
Of course, ideally, it is best to decideconflicts that arise in the family, peacefully, without crushing the full cell of society. Divorce on the basis of family disputes rarely runs smoothly, because both spouses have claims to each other about children and property, which significantly complicates the process. It is difficult not only in legal terms, but also in emotional: common children and spouses themselves are affected and nervous.
Even in case of divorce, the division of property, etc.try to be more tolerant, no matter how unpleasant and unwanted this process was. Then, perhaps, family disputes will be forgotten, and the family will survive. If reconciliation is absolutely impossible, be calmer, do not be nervous because of time lost. Maybe a divorce is a way to a new better life?
