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12 Proven advantages of a formal marriage – financial and not only

formal marriage

Formal marriage pros and cons: Pensioners registered in Moscow, who celebrate the 50th and next four anniversary wedding anniversaries, can expect a lump sum payment from 4 to 30 thousand ₽, depending on the date of the anniversary, and a solemn ceremony in the registry office. But what bonuses are given by the stamp in the passport, regardless of the region of residence?

1. More vacation on formal marriage

The employer must release on unpaid leave if the employee officially registers the marriage. This right is provided for in article  128 of the Labor Code of the Russian Federation. Holidays can last up to 5 calendar days.

Another husband can take annual paid leave at any convenient time, and not according to the schedule if he falls on the spouse’s maternity leave, and this can be done even before the expiration of six months from the start of work at a specific place ( article  123 of the Labor Code of the Russian Federation).

2. Marriage may save you from losing your job

In case of reduction at work and with the same productivity and qualifications, the preemptive right to keep their place will be with a family worker who has at least two dependent employees. This is enshrined in article  179 of the Labor Code of the Russian Federation.

“A family worker” does not have to be with a spouse or spouse and children, the head of private law practice at NSA “Amuleks” Elena Proskurova clarifies:

he may be the one who is dependent on, that is, in full support, or receive help from him (and it is their main source of livelihood for them) other close relatives, for example, brothers, sisters, grandchildren under the age of 18 who have no able-bodied parents, or parents if they are 60 or 55 years old (men and women, respectively) or are disabled people (e be other similar cases).

3. Guarantees material support

Marriage involves mutual material support. This is evidenced by  Article  89 of the Family Code of the Russian Federation.

In this case, material support may continue even after the dissolution of the marriage, in particular:

  • if the needy spouse is caring for a disabled child;
  • the wife is pregnant or less than three years have passed since the birth of the common child;
  • the ex-husband or wife became incapable of marriage or within the first year after the divorce ( article  90 of the RF IC).

You can not support the former spouse or spouse if:

  • his or her disability has occurred due to abuse of alcohol, drugs or the commission of a deliberate crime;
  • with a short marriage;
  • in case of misconduct in the family of the spouse who needs help ( article  92 of the RF IC).

Based on judicial practice, marriage is considered to be short-lived if it lasted from several months to five years and the couple did not have a stable family relationship, Yelena Proskurova explains, but in each case, the court establishes circumstances that indicate the couple’s intention to start a family.

Inappropriate behavior may mean alcohol abuse, drug or psychotropic substances without a doctor’s prescription, gambling, embezzlement and the disposal of funds to the detriment of the interests of the family, the expert lists.

12 Proven advantages of a formal marriage.

4. You can live without registration in the apartment

If you do not register at the address where you live, then under article  19.15.2 of the Code of Administrative Offenses, a person may be fined. But if the matter concerns the spouses, then for this they cannot be held accountable. If people live in a civil marriage and are not registered at the place of residence, then this is an offense.

12 Proven advantages of a formal marriage.

5. Get a tax deduction

If you pay for treatment or buy a VHI policy for your spouse or your spouse, you can get a tax deduction – return 13% of the cost ( article  219 of the Tax Code of the Russian Federation). In most cases, you can return up to 15,600 ₽ per year.

12 Proven advantages of a formal marriage.

6. Get a respite from the army

The presence of a child and an official wife with a pregnancy of 26 weeks or more is a reason for a delay in recruiting for military service. If the spouse is unofficial, then two or more children are required. This is stated in article  24 of the Law on Military Duty and Military Service.

12 Proven advantages of a formal marriage.

7. Paternity by default

If the child was born in a registered marriage or within 300 days after its dissolution, then the husband of the mother of the child is officially recognized as the father of the child ( article  48 of the RF IC). The child is assigned a middle name on behalf of the spouse. If the marriage is not registered, then the father and mother will have to write a statement and establish paternity in this way.

If this is not done, then the child will be given the surname of the mother, and the middle name – at her request and depending on whether the father’s data is entered in the act of birth of the child ( article  18 of the Law on Civil Status Acts).

12 Proven advantages of a formal marriage.

8. The right not to testify against each other

If one of the spouses has violated the law, the second has the right to refuse to testify against him/her. This right is enshrined in  Article  51 of the Constitution of the Russian Federation. If the couple is in a civil marriage, then for refusing to testify, a fine, compulsory work, or even arrest is provided ( article  308 of the Criminal Code of the Russian Federation).

12 Proven advantages of a formal marriage.

9. Receive large gifts and do not pay tax

If a “second half” donates an apartment to a person registered in a marriage, he will donate 13% of personal income tax. This right is given by paragraph 18.1 of  Article  217 of the Tax Code of the Russian Federation (here is the explanation in the letter of the  Federal Tax Service). If the person is not officially a close relative, then the tax will have to be paid.

12 Proven advantages of a formal marriage.

10. And the inheritance

If one of the spouses passes away, the second will automatically become the heir to the first stage ( Article  1142 of the Civil Code of the Russian Federation). If the marriage has not been concluded, then the property will be shared by close relatives.

In this case, the heirs of the first stage pay a state fee in the amount of 0.3% of the value of the inheritance (but not more than 100 thousand ₽), and the common-law spouse will have to pay 0.6% (but not more than 1 million ₽).

12 Proven advantages of a formal marriage.

11. And sometimes retirement

If the spouse contained a disabled spouse, but it passed away, it is entitled to receive a pension for the loss of a breadwinner.

Moreover, the family members of the deceased person who lived together with him, and his disabled dependents can receive his salary, pension, scholarship, alimony, social insurance benefits – those means that were his livelihood, but which he for some reason I didn’t receive it during my life (I need to have time to write the corresponding statement within four months from the date of opening the inheritance).

12 Proven advantages of a formal marriage.

12. Mortgage and property on formal marriage

If the property is acquired by people in a marriage, then in a divorce it is divided in half, and none of the spouses can make transactions with this property without the consent of the second. But common-law spouses cannot count on this by default – only if they initially put it into joint ownership. Or one of them will have to prove in court that both partners really considered common property and both invested in it.

This also applies to cases when two people in a common-law marriage pay off the mortgage and then disagree – for whom the loan is not issued, there is no way to prove that it was invested in the common property. Official spouses in such cases act as co-borrowers.

“Co-borrowers can be not only official spouses: the bank can approve a mortgage to individuals who are not married. But in order to protect yourself in the future, you must immediately acquire property in shares for each civilian “spouse”, ”says Elena Proskurova.

Author: Maxim Glazkov