What are the rights of a wife to divorce her husband?

The desire to divorce prompts citizens to ask what the circumstances are, to find them when they break up, so what the wife is entitled to when she divorces, let's try to figure out what this material is, and let's say it's property, personal rights, and authority over the children, and now it's all in order.

General

Before considering what the wife is entitled to in a formal divorce, it must be pointed out that, first of all, she has the right to stop family relations; the creation and dissolution of social units is based on the principle of voluntariness, which means that a family cannot exist without mutual consent.

The principle of voluntariness of the organization/dissolution of marriage is addressed in article 1 of the UK.

The dissolution of a marriage takes place only through the civil registry (consent of both parties, absence of disputes and children under 18 years of age) in court (in the event of children and disagreements).

Even if the applicants do not live together, do not share a household, do not participate in each other's lives, they are still an official husband and wife without a stamp.

Personal rights

When a woman is married, she has the right to a full family when she is pregnant and raising a child for up to a year, and no court will terminate the relationship, since maternity is protected by the State, and after divorce the former spouse will have the right to support from the former spouse.

Attention!Even if a man ' s fatherhood can be denied by conclusive evidence, he cannot leave his pregnant wife, and the husband will not be divorced until the wife is pregnant and until the child reaches the age of one.

The right to deny divorce: If a spouse opposes the dissolution of a relationship, even if she is not pregnant and has no children under the age of 18, she may not divorce, and the couple will have a lengthy judicial procedure during which the circumstances may change, and at least one month for reconciliation.

In the course of the proceedings, a woman can defend a position and justify it with certain arguments; without the presence of joint children, it is more difficult to have more time to apply; one of the reasons for this is a long period of living together.

Right to a family name: What are the rights of a wife to a family name in a divorce? She has two legitimate options: first return of a maiden's family name; second, retention of the wife's inheritance.

Note!The spouses would have to agree to change the family name of their children, and the husband would have to agree to that, and his opinion would not be taken into account until the parental rights had been removed.

Parental rights and how they were granted to the former spouse in 2023

Parents have certain obligations with respect to their minor children, including maintenance, but they also retain the opportunity to raise their offspring. What are the rights of a former spouse with the necessary parental authority after divorce? First of all, it is the opportunity to take part in the upbringing, to control the educational process and the place of residence, to meet with the children.

And if the children stay with the mother, these opportunities are exercised freely because she is the guardian and can control all the processes, but when the children live with the father, the woman gets a number of legal parental rights:

• Meetings with the children on prior agreement;
• To spend time with children on weekends and other leisure time;
• The right to control the educational process and the place of residence of minors.

Attention!Without the mother ' s consent, the father does not have the right to bring young children out of the country.

If the father interferes with the exercise of the parental rights of the former spouse, she may apply for assistance from the guardianship authorities, and the frequency and frequency of meetings and communication will be determined in the light of the child ' s interests.

The only obstacle to the exercise of parental rights can be the fact that the behaviour of the parent poses a threat to the child ' s health and life.

For example, a person with psychological disabilities cannot be alone with children because of the uncontrollability of the disease.

Violations of parental rights (violence, coercion, drug addiction and alcoholism) are also an obstacle to the exercise of authority in the upbringing of children.

Substantive rights

It is known that property acquired jointly during the family period is divided between the spouses in the event of divorce, but there are many nuances in the section, with the main points we will try to understand this section, and we will also note the other substantive rights of the spouse after the divorce.

Support for your maintenance.The wife who left her husband is entitled to material support from him during the period of need.

Such maintenance may be based on pregnancy, the upbringing of a common child up to the age of 3, and the maintenance of a disabled child.

Even without children, a spouse may receive alimony provided she needs it and has lived with her husband for a long period of time.

Note!The award of maintenance shall be subject to judicial review after the circumstances of the case have been examined.

Child maintenance support.The couple can agree independently on the amount and manner of child support under the maintenance agreement. If no agreement is reached, the Pope will make an obligation to pay the child ' s maintenance by force. Under the standard, one child is entitled to 25, two to 33, and three to no more than 50 per cent of the total parent ' s income.

The division of property.All property purchased during marriage is the joint property of the couple; it must be distributed in equal proportion among the parties to the family relationship; even if it is bought by one of the spouses during the marriage and is registered with him.

A court may derogate from the principle of equality of property rights in certain circumstances; for example, if a wife is left with children, she may be given a larger share in the apartment.

It is not classified as general, therefore it cannot be divided after divorce by personal property: these are movable and immovable objects, other tangible property which:

• Purchased by the applicant prior to marriage;
• acquired within the family but for money collected prior to the registration of the relationship;
• Accepted as a gift;
• They're inherited.

Attention!All these grounds must be confirmed, and the words that the husband's apartment was given by parents who were not supported by a gift contract will not be taken into account, and the wife will be entitled to the property of the wife unless it is proved that it is his personal property.

Property and other property acquired by the spouses shall be equally divided, except:

• The wife ' s personal belongings;
• The results of its intellectual property;
• Children ' s property (maintained to the guardian parent);
• The instrument needed to carry out the work.

Attention!Jewelry and luxury goods do not belong to personal belongings; furs, precious metals and stones will not be shared equally unless the woman has received them as a gift (by inheritance) and has not bought them before marriage.

The wife is entitled to a portion of such joint property:

• Things, household appliances, transport;
• Real estate;
• Luxury and ornaments;
• :: Marital income;
• Shares in the statutory capital of legal persons;
• Deposits, shares;
• other property except personal property.

Every citizen has the right to legal aid, and a woman can obtain legal support in the event of a divorce in the form of a statement of claim, the collection of evidence, the drafting of an agreement on the division of property, the allocation of debts and the representation of interests in court.

Questions From Readers

• Question one:If a woman is pregnant and wants to divorce her husband, the other half doesn't mind.Answer:........................................................This couple won't get a divorce because they're pregnant, and they can't get a divorce through court until after the baby's one year old.
• Question two:Her mother had problems with alcohol, she was restricted in her rights.Answer:........................................................She will be able to communicate with her children in the presence of her guardians, and if she is free from alcohol abuse, she will be able to regain her rights with respect to minors, and she will be able to communicate with her children when her actions do not endanger the physical and psychological health of the minor.
• Question three:Does the ex-husband have the right to the husband's apartment if it is not written in it?Answer:........................................................If the property is classified as common (purchased during the marriage), the spouses shall be entitled to a full division of 50 per cent, regardless of whether the spouse is registered in the dwelling or not; but if the property is private property of a man (received for a gift or inheritance, bought before the marriage or in a family by means of a personal means), then the wife shall not have a share in the dwelling.

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Rights of spouses upon dissolution of marriage in the Russian Federation in 2023

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Under article 1 of the Family Code of the Russian Federation, marriage and family relations are based on feelings of mutual love and respect, mutual assistance and responsibility; however, there are different situations in life: people marry, but for whatever reason their families break up.

The dissolution of marriage was not only a social phenomenon, but also a procedure regulated by law that had consequences for both spouses; if a marriage was dissolved, it was useful to know what the rights of the spouses in divorce were provided for by law.

The concept of divorce

Given the equality of men and women, either spouse may raise the issue of termination of the relationship, i.e. divorce; divorce is a legal procedure for the termination of marriage and family relations.

The current legislation provided for the possibility of divorce, both voluntarily and through the courts.

In the first case, the dissolution of marital relations is effected through the civil registry bodies, and in the second case through the territorial courts, in accordance with the rules of civil procedure of the Russian Federation.

Legal instruments

The woman ' s rights in divorce from her husband and to what the man is entitled to expect are determined by the requirements of family and civil law, and the legal basis for divorce-related activities is as follows:

If court decisions are enforced, the provisions of the Federal Act on Execution Proceedings of 02.10.2007 No. 229-F3 shall apply.

Personal non-equity rights of husband and wife

Family law includes as personal non-pecuniary rights of spouses those which are intrinsically linked to the identity of the husband or wife and their legitimate interests, such as the right to:

• Free choice of occupation and activity;
• Professional implementation;
• Freedom of movement and determination of residence;
• Equality in family planning and child-rearing;
• Equal distribution of property goods;
• Other family life issues.

Personal non-material rights may not be the subject of any agreement in a marriage contract, nor may they be changed or terminated by reason of a person ' s marriage.

In other words, these rights are strictly personal, so they are not subject to change whether the other spouse wants them or not.

Parental rights of married partners

In accordance with article 47 of the Family Code of the Russian Federation, the rights and obligations of parents with respect to their children are based on the origin of the latter; thus, the birth of children, like adoption, entails the establishment of a complete list of parental rights to:

• Education;
• To represent the interests of the child before third parties;
• Communication with his child;
• Access to educational and medical information from relevant institutions;
• To receive maintenance from their adult children (for persons unable to work) and others.

When children reach the age of majority, parental authority is automatically terminated in respect of them, except for the right of parents who are unable to work to receive maintenance.

Property rights

When they marry, they have mutual rights and responsibilities, including property, and two regimes of ownership: the acquisition of property before and after marriage; and in the latter case, the property will belong to both spouses under the right of joint ownership.

Thus, the main property rights are the rights of the spouses to property upon divorce.

According to article 253 of the Civil Code of the Russian Federation, the regime of joint property implies that joint property may be disposed of only by mutual consent of both spouses.

Distribution of property upon dissolution of marriage

After divorce, the former spouses often have property disputes, usually with regard to the conditions for the sharing of marital wealth: what the wife is entitled to in the divorce, and what the former husband will get.

It is important to understand that, irrespective of whether a benefit has been acquired only for the benefit of one of the spouses, each of them has equal rights to the property; the concept of common joint property implies that everything acquired during marriage is considered to be common, and should therefore be divided equally.

In order to understand the matter further, see how the separation of property is carried out in the event of a divorce.

Agreement on the upbringing and maintenance of children, assignment of maintenance

Regardless of who the children live with after the divorce of the parents, the former spouses retain parental responsibilities and the parents have a duty to raise and provide for the child.

Under the current family law, parents have the right to agree between themselves on which of them will assume these responsibilities and to conclude an appropriate agreement on the upbringing or maintenance of the child.

In addition, parents can determine the amount of the child ' s maintenance and the frequency and manner of payment.

The maintenance agreement shall take effect from the time of its notarization, after which it shall be binding on both parties.

Find out more about how the child support agreement can be properly processed in order to receive child support.

Right to live with parents

In accordance with article 54 of the Family Code of the Russian Federation, children have the right to live and be brought up in a full family; the same article provides for the right of the child to live with his or her parents.

Unfortunately, there were sometimes situations in which children could not live with both parents, for example, in the social way of life of the father or mother; in such cases, the child ' s fate, including his or her place of residence, was determined with the participation of the guardianship and guardianship authorities.

In the event of divorce, the question of which of the parents had children was necessarily resolved; in the vast majority of cases, the court took the mother ' s side.

The baby is left with her mom, and the father is given responsibility for his maintenance, which does not mean that Dad has no chance of winning an argument – often the judge takes into account the child's own opinion.

Please elaborate on how existing legislation regulates father ' s rights to a child after divorce.

Conclusions

Russian law protects the property rights of the wife in divorce; even if she sat at home with the child while the husband worked and brought his income to the house, when the marriage is dissolved, all the property acquired together will be shared equally.

During the trial, the court assumed that the woman was protecting the family home and therefore made a valuable contribution to the increase in joint property, as did the man who made the money to support the family.

However, the husband ' s rights in divorce were equal to those of his wife; the law did not grant any preferences or exceptions on the basis of sex alone.

What are the rights of the wife in divorce: if there is a child, to an apartment

Subject matter:What are the rights under the law in force to which the former spouse may expect after the dissolution of the marriage, the practical features of the division of property, the recovery of maintenance and the determination of the child ' s place of residence?

Statistics show that a large proportion of marriages end in divorce.

Given the nature of the marriage, which involves a common household and a number of joint decisions, as well as the possible existence of common minor children, the dissolution of the marriage is often accompanied by judicial proceedings.

In practice, many issues were often under the control of the husband, especially in the area of finance and property, and women had to seek additional protection.

What can a spouse expect in a divorce?

The dissolution of marriage clearly imposes obligations on the parties to the division of rights, responsibilities, shared property and the resolution of disputes that arise; this can be done either voluntarily or through a court of law, if agreement cannot be reached.In general, women are entitled to the following rights:

• The allocation of a portion of the property and its transfer to its personal property;
• The determination of the children ' s place of residence with her and their subsequent upbringing;
• To receive maintenance both for themselves (in certain situations) and for the maintenance of children;
• The return of the family name she had prior to her marriage if she changed it at the time of his registration;

The possibility of obtaining certain rights does not guarantee their acquisition, with a 100 per cent guarantee, but only the possibility which is realized when an agreement is reached or by the courts.

Division of property

A spouse in a divorce has the right to receive a portion of the joint property, which is generally divided into half of the property, but in practice the situation is often different, depending on two factors:

1. Existence or absence of a marriage agreement.
2. A portion of the property is received free of charge, for example, under a gift contract or by inheritance.

In the first case, the section would be implemented as the agreement was established; in Russian practice, the type of document was not yet widely used, but the courts already accepted it as evidence.

In the second situation, part of the property may be excluded from the joint estate, since the sharing of the property by the spouses has not affected the acquisition of certain objects.

It's important to know!Property may be recognized as personal, even if acquired during the marriage, if obtained through a gift or for inheritance, i.e. the husband has not spent anything on its acquisition.

Another factor that may affect the division of property to some extent is the special need of the spouse; for example, if persons have children in common who remain with the mother after marriage, she has a chance to increase the amount of property acquired as a result of the division of property, but such cases are dealt with individually by the courts.

The spouse can also prove that the new property was acquired as a result of the sale of the old property, which will allow a slight change in the share of the joint property, even if the husband formally owns the new facility, for example, has rights to an apartment purchased for money from the sale of the house purchased by the wife prior to the marriage.

This factor is very hard to prove in the courts, but there is such jurisprudence, and it is important to prove the causal link between the sale of one object and the acquisition of another.

Addressing the issue with children

In the event of divorce, the wife had the right to ask about the children ' s subsequent residence, and there was often a dispute in the courts, but in practice the children were most likely to remain with the mother.

Such decisions are made even when living with the father is more economically justified, but it is not to be assumed that the courts are entirely on the mother ' s side, the court will carefully analyse all the factors and circumstances, weigh everything for and against, and even ask for their opinion when the children reach the age of 10.

If the children live with the mother, she is entitled to claim maintenance from the father.

Their size will depend on the number of children, a quarter of the income is generally recovered for one, a third for two, and already half for three or more.

The amount may not be calculated as a percentage, but as a fixed amount if the father has no regular income, is not employed, or in other cases where the percentage recovery violates children ' s rights.

Realization of other rights

The former spouse has the right to claim other rights, including maintenance not only for the children but also for her personally, which is possible in the following situations:

• The wife is pregnant or has given birth to a child under three years of age;
• The husband was unable to work during the marriage.

In other cases, the ex-husband's alimony would not be recovered, and the court would refuse to grant such a claim.

Another right that a woman can exercise after divorce is the return of her original family name, which does not require the husband ' s consent; it is only necessary to contact the relevant department of the Ministry of Internal Affairs or the IFC to replace her passport and other documents; the woman may not do so by leaving her husband ' s family name.

If the husband ' s husband ' s apartment was registered during the marriage, she would retain her right to reside there upon dissolution, but only until she was formally removed from the register; without her consent, it would be possible to do so only through judicial proceedings.

The court may grant some delay in the discharge if the mother and minor children are registered in the home and the stay is granted to enable the spouse to find a new place of residence.

In some cases, the child may stay with the father after the divorce.Such situations are rare, but still present in domestic practice, in which case the mother has the right to communicate with the child if she is not deprived of her parental rights.

The court shall determine the number of days and hours that the second parent may spend with the child on weekends and on weekends; if the father interferes with the mother ' s exercise of her right under an agreement or a court decision, she may apply to the bailiff ' s office for enforcement of the executive document.

If the mother is deprived of her parental rights, she shall also be deprived of the right to communicate with the child; in practice, this is rare, for example, in the case of intentional offences against the child or in the conduct of an inappropriate lifestyle (e.g. alcoholism).

How were women ' s rights realized after the dissolution of marriage?

The legal rights and interests of the spouse must be exercised in accordance with the procedure established by law and, depending on the circumstances, the following options are available:

1. On a voluntary basis, for example, a notary agreement can be signed to separate property and establish maintenance, and both parties can do so at the same time by contacting any notary.
2. If the former spouse does not make contact, refuses to sign an agreement or voluntarily fulfils his obligations, the former spouse may apply to the court for protection of his rights.

The procedure of judicial protection will depend to a large extent on the circumstances: in each particular case, the party will have to prepare his or her own type of application, for example, if the marriage is dissolved and the claim is brought before the justice of the peace and, in determining the child's place of residence, to the district or city.

The specific nature of the defence and the scope of the evidence provided also vary.For example, no additional evidence would be required to establish maintenance in the standard percentage and a specific amount would be required to establish maintenance in a fixed amount.

Another way of protecting and exercising the rights of the spouse is to contact the relevant State bodies, for example, by returning his or her name to the Ministry of Internal Affairs or the Multifunctional Centre and filing an application in the prescribed form.

A bailiff can enforce not only alimony and property-sharing, but also decisions that are non-existent, such as if the child remains with the father and the mother has not been deprived of the right to communicate with him, the bailiff must ensure that he or she is in contact if the father is in a position to do so.

Let's take stock.

The dissolution of marriage changes the rights and obligations of citizens.

The former spouse is given a number of opportunities to defend his or her interests, but must be fully guided by legal acts.

The rights are exercised on a voluntary basis by the second party, as well as through the courts and administrative authorities, each option being applied depending on the circumstances and the particular situation.

What are the rights of a wife to divorce her husband if she has a child

In order to establish all the points, it must be understood that the marriage is entered into by mutual consent between a man and a woman in the civil registry office, so divorce can also be arranged by decision of both parties by contacting the institution.

However, if the wife:

1. Do not agree to divorce;
2. pregnant,

and if there is a joint minor child, the divorce procedure will have to be brought before the courts.

If the parties have mutually agreed to divorce, even through a court of law, they can be processed quickly enough, and no time will be allowed for the reconciliation of the couple for up to three months.

The law also provided for two grounds on which a marriage may be dissolved through the civil registry without the consent of the second spouse.

• The serving of a sentence of more than three years ' imprisonment;
• The court found the spouse to be missing or incompetent.

After the dissolution of the marriage, the woman retains a number of rights which she obtained as a result of the marriage.

Personal rights

Certain rights that are reserved for women even after divorce can be described as personal rights, including:

The right to the support of the former spouse: The law obliges the spouses to support each other; therefore, if the relationship has not been affected by the divorce, the former spouse may continue to provide support.

The right to retain the husband ' s family name: Article 32 of the UK expressly states that, after the official dissolution of the marriage, the common family name may be retained or the premarital family name restored; this is not required by the husband ' s consent.

The right to live with children, except for the following reasons:

• A serious illness that hinders the care of the child;
• The mother ' s ill-treatment of the child;
• Alcohol or drug addiction;
• It's a mental disorder.

The right to change the surname of children born in a common-law relationship, however, is a difficult procedure and is only possible if the husband is deprived of his parental rights by a court; in other cases, legal proceedings are required.

Property rights

Property rights include:

Support for maintenance, awarded to the husband:

• Up to the child ' s third birthday;
• If the wife remains alone with the disabled child until she reaches the age of majority;
• If the child is recognized as a disabled child, maintenance shall be collected indefinitely;
• If the wife became unfit for work during the marriage or within a year after the dissolution of the marriage, for the whole period of incapacity for work, or until the woman marries another man.

Support for joint or adopted children based on:

• 1/4 share of income per person;
• 33% by two;
• Half for three or more children.

The division of property, in accordance with the principle, is divided in half, and the division of property, not only in possession but also in the possession of third parties. It should be borne in mind that not only the property but also the common debts of the spouses are shared. An additional decision will have to be taken in respect of the right of obligation if they arise in the interest of the family. The personal property of the spouse is not to be divided, except in respect of luxury goods and jewels. They are divided in half.

The preservation of personal property acquired before and during marriage; there is no question in this right if a marriage contract has been entered into which everything is provided for; and in a dispute between the former spouses, the final word is in court.

Documents produced

The administrative procedure for the dissolution of a marriage requires the filling of:

• The application on Form No.8 shall be completed by mutual decision of the spouses to formally terminate the marriage.
• The application form No. 9 shall be completed in exceptional circumstances allowing for the unilateral dissolution of the marriage.

If the marriage has been dissolved by a court decision on the claim of one of the spouses, the application form No. 10 shall be filled in.

In any of these cases, payment by the Government will be required; without the provision of a bank receipt for the payment of funds to the State, a divorce cannot be granted.

Legal assistance

Divorce cases, when the dissolution of a marriage takes place through a court, rarely occur without the assistance of an experienced lawyer; these professionals have the right to represent both the plaintiff and the defendant.

In addition, a lawyer ' s consultation may be necessary at any stage of divorce, and it is therefore recommended that lawyers be consulted before divorce.

With the development of the Internet, many legal sites are available:

1. Get online advice free of charge;
2. Details of the rights of the wife to divorce her husband if she has a child;
3. to prepare a settlement agreement or claim.

The lawyer will always tell us what evidence is needed for the trial, help not only the recipient, but also the maintenance payer.

Conclusion: Current legislation on divorce protects women ' s rights, especially if there is a minor child who requires constant maternal attention and care.

Wife ' s rights in divorce

When a marriage is dissolved, the woman has certain rights established by domestic law; for example, the children are likely to be left with her, so that she may claim most of the property, not half of the property after it has been divided.What is the right of a wife to divorce her husband?.

During the period of the child ' s bearing and the first year of the child ' s life, a woman is in need of material assistance and support from her husband; at that time, only a woman can file for divorce - the husband cannot file for the dissolution of a marriage.

However, there are situations in which the woman ' s consent is not required for divorce:

• The wife was imprisoned for three years or more;
• The wife was deprived of legal capacity;
• The woman died.

The current domestic legislation stipulates that the spouses, upon dissolution of the marriage union, divide all the gains made during their mutual life in half; however, there are exceptional situations in which this provision does not work.

1. Sharing of joint property

The spouses will have to share what they have acquired during their life together, and such property may include the following:

• The salary of the spouses;
• Scholarships, pension benefits;
• Income from business activities;
• % of bank deposits.

It is not principled who earned the money to buy the property, even if the man earned the money, while the woman took care of the young children and ran the household, the divorce rate is the same.

In the interest of the children, the share of the parent with whom the minor remains is increased by the court; and if it is determined that any of the spouses has misappropriated the family budget, then the share is more likely to be reduced.

2. Personal property

The spouse shall retain all of her personal property if she has acquired it:

• Until marriage is registered;
• With its own money, which it earned or accumulated prior to the registration of the marital union;
• On the basis of free transactions, under a contract of inheritance, gift or privatization.

In order to prove ownership of the property, the woman will need to collect the necessary title documents that confirm the transfer of property by inheritance, gift contract, privatization.

Domestic legislation also establishes other property that cannot be separated from the spouse:

• The tools and techniques necessary for a woman to work;
• Earmarked payments, personal compensation;
• Copyright;
• Women ' s personal use items, excluding luxury objects.

Sometimes a woman has the right to demand the division of property belonging to a man:

• Luxury items acquired during marriage (paintings, accessories, brand clothes);
• The man ' s personal property, which has been improved, has been improved during the marriage by joint efforts/monetary means (for example, financial compensation may be established for the repairs carried out).

Both spouses have equal responsibilities and rights vis-à-vis their common minor children, which are as follows:

• The upbringing of the child;
• Material security for a minor;
• The organization of recreational activities and participation in recreational activities;
• Adoption of a decision concerning the child ' s address and education;
• Treatment of minors, health procedures.

The court shall decide on the children ' s further residence in the case and shall also award alimony payments to the parent who will live separately.

If a child is very young, it is likely that he will be left with his mother, but there are exceptional situations when the court decides to hand over the child to the father:

• The mother treats the child cruelly.
• A woman suffers from a serious illness that prevents her from properly caring for her child and bringing him up;
• The mother has been diagnosed with mental illness, drug addiction or alcohol addiction.

When the child is older, the court will take such information into account when determining the child ' s future residence:

• The conditions in which both parents live;
• The financial condition of the mother and father;
• The extent to which the child is attached to the mother and father;
• The current state of health of divorced spouses;
• Whether the adult ' s employment will enable him to care for, support and care for the child;
• The environment to which the child is already accustomed.

The first thing the court takes into account is the child's own interests, and then the desire for divorce, but statistics show that adult children often stay with their mother.

A woman does not have the right to prevent her father from contacting the children, in communicating with them.

If the court decides that the children shall live with the father, the woman shall have the right to meet with the children, to take part in their upbringing and financial maintenance, to enjoy leisure, treatment and education, and the schedule of meetings and communication shall be agreed upon in advance, and the woman shall not be allowed to travel abroad.

In addition, the mother has the right to apply for alimony payments, and the man will be required to pay a certain amount of money to the woman on a regular basis, the purpose of which is to support the joint child; divorced spouses may agree on the amount of maintenance payments and their frequency, either on their own or to apply to the court for assistance.

Maintenance can be calculated both as a percentage of the former spouse ' s income and as a strictly fixed amount.

• And if you change your sons' names, then leave them to them; and if you do not give them their names, then give them their names; and if you do not give them their names; and if you do not give them their names, then indeed Allah is Oft-Forgiving, Most Merciful.
• A woman is entitled to apply for alimony payments, which will be paid for her own maintenance if she is unable to work and needs material support – for example, the former spouse has been disabled and has reached retirement age.
• Sometimes parents buy their children real estate and write it down.If the owner is the husband's motherwhen the marriage is dissolved, the former spouse shall not be entitled to claim the dwelling in question, even if it was prescribed in the dwelling, but after the death of the mother-in-law, the minor child shall have the right to inherit.for the apartment.

When a marriage is dissolved, current domestic legislation grants women certain rights, especially if they are in a vulnerable situation, these rights relate to joint children, property and maintenance payments.

What is a wife entitled to and able to claim when she divorces her husband?

Statistics show that one in three marriages today ends in divorce, and in most cases the case is not limited to them, because the process involves a number of other property and personal issues.

In divorce, women tend to be at a greater disadvantage, and most of the assets are traditionally in the hands of their husbands, and it is vital for them to know what the wife may claim after divorce.

Status of the spouse in the event of dissolution of the marriage

The wife ' s rights in divorce are as follows:

• To take possession of part of the property;
• To return the maiden name or to keep the married name;
• To raise children in common;
• To receive child support;
• On the values she held prior to her marriage to her husband.

Procedure for the division of property between spouses

As a general rule, everything acquired during the period of family life is divided equally between husband and wife, as is the case under the legislation in force.

The court may, however, derogate from this principle if there are valid reasons, most often if the minor children remain with the wife.

For example, in this case, she is entitled to a greater share of the common apartment, taking into account the interests of the children.

But all these facts must be processed in accordance with the requirements of the law; the inheritance is confirmed by a certificate and the gift is a written contract; if the documents are not issued, the interested party will have to prove his right through the court.

In practice, in such cases, the plaintiff refers to the testimony of witnesses that he is the sole owner of the property.

A very important point is the period during which the wife has the right to appeal to the court, which is permitted by law within three years after the divorce; if the time limit is missed, the judge may refuse to grant the claim.

Accumulation of maintenance

The mother and father are required to support their minor children; upon divorce, a woman is entitled to receive payment from her ex-husband if her children remain with her; the amount of maintenance is fixed by the Family Code of the Russian Federation; the law stipulates that in the event of divorce the wife and the child are entitled to the following benefits:

• A quarter of the wage is payable per child;
• For two children, one third;
• If the babies are three or more, the ex-husband must pay half of his earnings;
• Moreover, even after divorce, the spouse must maintain a former wife who is in a decree and who is taking care of a child under the age of three.

In such cases, the wife ' s rights include the possibility of requesting child support through a court, which requires the preparation of a statement of claim and the addition of a birth certificate.

The law gives women the right to apply to the courts both in the place of residence or residence of the ex-husband and in the area where she is registered with the child.

A suit may be brought at any time before the child or daughter reaches the age of majority, and the law also states that a man must support a child, even if he is in need of financial support, and a wife may obtain maintenance for a son or daughter who is already a student from the former spouse.

Child care and maintenance

Any mother wondered what rights she had with respect to her son or daughter after the dissolution of the marriage; the extent of her rights and that of her former spouse did not depend on the fact that she had a marital status in the passport.

It does not matter whether it was a civil marriage or an official marriage, and parents have the right to raise their child in any case.

This definition also includes the obligation to take care of a minor, to spend time with him or her and to supervise the educational process, and the question of material content is dealt with separately.

Both the mother and the father, after the dissolution of the family, have the right to communicate with the son (daughter), and the parent with whom the child remains must provide the former spouse with all the conditions for the upbringing of the minor.

• Organization of meetings by prior agreement;
• Joint rest;
• It's an opportunity to stay with your parent for a few days.

If the former spouse (a) obstructs communication with the child, the second spouse has the right to apply to the guardianship authorities, which arrange meetings by force.

Their frequency and duration will be determined in accordance with the interests of the minor, except in cases where the parent's conduct endangers the life or safety of the child(s).

In such a situation, his association with the child will be limited, and it is also possible that he will be deprived of his parental rights.

What personal rights a divorced woman has

If the spouses do not have children and have no financial claim against each other, they may file a divorce with the civil registry, but the consent of the two spouses is required.

But even during the hearing, the judge must ascertain the parties ' attitude towards the formal breakdown of the family, and the wife may well take the position that she is strongly opposed to divorce, but it is desirable to justify it with additional arguments, such as having children together or seeking to protect the family.

In the latter case, the judges usually postpone the case and give the parties a period of time for reconciliation, and even if it has not taken place, the wife has the right to ask again for the possibility of conciliation.

When the divorce has taken place, the woman has the right to bear her ex-husband ' s last name, even after the divorce has been completed, and she may also return her maiden name in the event of the divorce.

In the case of children, their personal data do not change due to the dissolution of their parents ' marriage, and if a woman so wishes, she needs to reconcile the matter with her ex-wife.

In the absence of a compromise, a woman may apply to the guardianship authorities for a final decision to change her family name to the children.