The lawyer mentioned the non-obvious advantages of the official registration of marriage
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- The lawyer mentioned the non-obvious advantages of the official registration of marriage


The formalization of marriage entails many legal consequences. Ekaterina Zabolotskaya, lawyer and managing partner of ROCK Counselor, told Izvestia about the non-obvious positive aspects of his registration on March 14.
"In the absence of a prenuptial agreement, by virtue of the law, property acquired in marriage falls into the joint ownership regime, regardless of who it is registered to. At the same time, if one of the spouses has personal debts, his property is protected, since by virtue of the law they can only foreclose on half of it," she said.
Zabolotskaya noted that banks are much more willing to approve loans to family people, as for them it confirms their trustworthiness, social stability and responsibility. Before approving a loan, the credit institution verifies the financial status and creditworthiness of not only the applicant, but also his spouse.
Also, an officially registered marriage can give such an advantage as receiving tax deductions.
"As a rule, people who are married have access to various state support systems, and if they have children, they receive benefits, preferential loans, and so on. The official registration of marriage greatly simplifies all issues related to joint children: registration of the child's birth, registration at the place of residence, clinics, benefits, rest with the child, property, and even transactions with the child's property, etc. Both spouses have equal rights in these matters and can replace each other," the lawyer added.
In addition, by virtue of Article 17 of the Family Code (IC) of the Russian Federation, a husband does not have the right, without his wife's consent, to initiate a divorce case during his wife's pregnancy and within a year after the birth of a child. 48 of the Criminal Code of the Russian Federation, if the child was born within three hundred days of the dissolution of the marriage, the former spouse of the mother is recognized as the father of the child. Something else must be proved in court, Zabolotskaya stressed.
89 of the Criminal Code of the Russian Federation, spouses are also required to financially support each other. In case of judicial refusal, alimony may be claimed by an incapacitated spouse in need, a wife during pregnancy, as well as a spouse caring for a common child or a disabled child.
"Official spouses, in the event of the death of one of them, fall into the first place of inheritance. That is, they inherit in equal shares together with the parents of the deceased and his children. <...> And if the marriage is not registered, then the surviving cohabitant, by virtue of the law, has no inheritance rights, which means that he will not receive any property after death," Zabolotskaya said.
In addition, the official registration of marriage simplifies the resolution of medical issues. In case of a medical emergency, official spouses have the right to make decisions about each other's treatment, for example, to consent to surgery. According to the lawyer, this can be critically important in situations where rapid intervention is needed.
On February 28, Irina Kalinina, a lawyer and managing partner of the international legal organization Legal World, told Izvestia about how to avoid financial disagreements in the family. She noted that loans and loans issued in marriage are common obligations, even if only one spouse has signed the contract. If the second spouse did not give consent, then good lawyers and lawyers will be needed in order to recoup these debts in court at the dissolution of the marriage.
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