When is marriage not allowed? Between close relatives marriage is allowed? What does the law say?

The institution of marriage is significant at the state level andin ordinary life. The ideal option is to create a family with two loving people according to the laws, moral rules and norms of behavior accepted among people, but the situations are different. Since the laws do not allow marriage between some groups of citizens, you should know about this, so as not to be in an unpleasant situation. So, who will not be able to legally create a family?

Conditions for the creation of an official family

According to the laws in force, marriage can not be concluded between people who are unable to fulfill the established conditions. To formally create a family, it is necessary to reach adulthood.

An exception is possible if there are:

• pregnancy;
• the birth of a child.

Under similar circumstances, a legal family is possible from the full 16 years. In addition, both persons must agree voluntarily.

And when it is impossible?

Remember that marriage is not allowedbetween people, if one of them is already in a documented official union with some third person. In several countries, having several wives and husbands is a criminal offense. It is not allowed to marry between close relatives. To such belong people directly related genetically. If two people are fully related, that is, both parents have the same people, then the creation of an official family is legally impossible. However, if there is one common parent, the union is also impossible.

When planning a marriage, it must be remembered thatmarriage between adoptive parents and adopted children is allowed. Restrictions are imposed on those people who have found deviations in the development of the psyche, which has established that a person can not be responsible for himself and his actions.

How to proceed?

If an incomprehensible method was possible to concludeofficial union in circumvention of one of the conditions described above, but law enforcement authorities learned about the situation, there is a termination. Marriage is annulled, considered invalid from the moment the documents were issued.

What about children?

Let the marriage betweencertain categories of citizens, but if with such an alliance, created in defiance of the law, a child was born, he will have all the rights of a child who has appeared in an ordinary family. However, this applies not only to the younger generation born in the union, but also to children born in the next 300 days since the annulment of the marriage union.

Nuances of judicial record keeping

According to the laws of our country, sometimes marriage is not allowed between persons. The judge has the right to decide that one of the spouses has the opportunity to benefit from the other.

It:

• alimony;
• compensation for moral damage;
• compensation for material damage.

Of course, only this can be counted onconscientious spouse, because it is his court that can recognize the injured party. Alimony will assume the content of a person for a certain period of time. If desired, the spouses, even after the re-qualification of the marriage to the invalid have the right to keep the surnames obtained at the registration of the union.

Monogamy at the state level

All the reasons that prevent the creation oflegal family, accurately and in detail described in the Family Code. There are four in total. First of all, the legislative document mentions monogamy. In a number of states this question is looked at differently, but the Russian norms are such that marriage is not allowed between persons of which at least one person is officially in the union. Various personal reasons for this do not affect, therefore, to ask the court to allow the conclusion of the union, because "I do not communicate with my old wife / spouse" will fail.

The law says strictly: going to join a new family, will have to finish legal relations with the old. Exceptions are not allowed. The principle of monogamy applies to both sexes and concerns both potential spouses.

On the terms

In order not to doubt when to consider yourthe potential husband / wife is already "ringed", one should accurately imagine that they understand the laws of marriage. The official marriage union becomes, having passed registration in special instance - ZAGSe. Alternatively, organs with similar functions. If a person was married, but the spouse died, then he legally becomes free and can again start a family. The situation is similar when a person is deemed dead. But pay attention: at death of the spouse the alive member of a family receives the corresponding certificate. When going to create a new family, be sure to take it with you to register, otherwise the registry office can refuse.

And what about the relatives?

Very serious restrictions are imposed on those,between whom there are blood ties. In particular, marriage between brothers and sisters is not allowed. But the pivot can create a family, because their parents are different people. In a number of countries, nationalities, marriage between cousins ​​and siblings is not allowed. In particular, they strictly relate to this in Jewish culture. Earlier in Europe, such unions were condemned because they assumed that the probability of having sick children is high. Over time, scientific research in the field of genetics made it possible to establish precisely that cousin relationship does not seriously affect the way children will be born.

Our country currently has cousinsand a sister can form an official union and start a family. But closer relatives of this possibility are deprived, even if there are no documents confirming that they are native blood.

No incest!

Why is marriage not allowed betweenclose relatives? Justification is simple: it is dictated by moral norms and physiological causes. However, the aspect of ethics appeared later, but the practical observations from ancient times allowed people to find out that the offspring received in the incestuous union always have problems. When conceiving a child, mental retardation, underdevelopment of various systems, poor health, rare diseases are likely. In general, it is impossible to predict what disadvantages a child will have, but there is a high chance that it will be normal to live, to function in society, he will not be able to.

Observation over many generationsincestuous marriages and their offspring resulted in a ban not only legal but also religious, because in former times the regulation of people's behavior was carried out precisely through this institution. And to this day, religion imposes serious restrictions on marital relations. However, when living in a secular state, people may not think about it. In particular, religion forbade marriages between relatives. Secular legislation has no prejudices on this matter. The situation is somewhat more complicated when the relatives are not just brother-in-law, but have blood ties that have not been officially confirmed.

Relatives on paper

Why is it not possible to conclude a marriage betweenadoptive parents and adopted children? After all, between these people there are no blood ties, and the law still imposes limitations. The reason is that, from the point of view of law enforcement bodies, adoption is equivalent to the product of one's own offspring. Simply put, an adopted child is legally considered a blood relative. But a close relative of one of the couple "adopted-adopter" may well create a family with the second member of this pair, if there is no blood relationship.

The rights of incompetent persons - under the watchful guard

According to the laws in force in our country, it is impossibleto marry, if one of the two potential spouses is considered incompetent, since he has problems with the psyche. It extends this to those people who, during the examination, have shown that they can not:

• to lead oneself;
• to realize the meaning of the perfect.

The restriction applies to persons who have:

• mental disorder;
• special conclusion.

Citizenship and marriage

In some states, marriage is not permitted between the stepbrother and sister, in others it is possible. When planning a family, remember that:

• laws of countries whose official inhabitants are potential spouses;
• The family code of the country, on whose territory it is intended to conclude an alliance.

In recent years, many people havecitizenship of two, if not more, countries. In this case, the person decides for himself, the laws of which country to apply to him in a particular case. But a person completely without citizenship falls under the norms peculiar to the locality where he lives. All documents involved in the formal registration of marriage must pass through the Russification, registration, legalization. The translation is checked by a notary.

Historical background

It's no secret that marriage is not allowedbetween the adopter and the adopted, blood relatives and other groups of persons, as it was a century ago. But where did this come from? In ancient times, the key concepts were "gender", "tribal way of life". In different localities, they differed significantly from each other. Separate clans fought among themselves, at times weakening enmity, then again exacerbating it. Not the least role played in this, and marriages concluded between births.

Humanity is developing relatively slowly, andin many respects, positive outbursts were associated with intergenerational unions. They allowed to produce the best offspring: smarter, nicer, healthier than creating a family between members of the same genus. To allow themselves this could not all, but only persons who stood in the local hierarchy the highest. Therefore, the wife, taken from another clan, became a matter of pride.

On the other hand, the marriage institution graduallybecame a political tool capable of overthrowing others, leading to power if skillfully seizing the opportunities that are opening up. Over time, he was joined by religion. United in the hands of the wise rulers of the families, then the families, they set the norms accepted in society. And those, in turn, served as the basis for the formation of laws that are fair to this day.