Marriage Law 2019: There are the following obligations between husband and wife

Not only do parents and children have the obligation to support and support, but there is also an obligation to support between husband and wife, generally according to the strength of the economy to determine the supporter and the object of support, if the two sides have a dispute over the maintenance obligation, you can apply to the court for a ruling. So, what are the obligations of conjugal support in the Marriage Law? What are the principles for handling disputes over maintenance obligations between husband and wife? What are the legal provisions for maintenance?

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What are the obligations of conjugal support in the Marriage Act?

(1) Mutual support between husband and wife is both a right and an obligation, and this right and obligation are equal. That is to say, the husband has the obligation to support his wife, and the wife has the obligation to support her husband; Conversely, either spouse has the right to receive support from the other.

2. The maintenance rights and obligations between husband and wife are based on economic mutual support and mutual support in life, which is an inevitable requirement for the subject of marriage's intrinsic attributes and legal effects. This is both the obligation of the parties to coexist from the moment of marriage, and the basic guarantee for the maintenance and existence of marriage or family community.

Husbands and wives may agree on the ownership of property acquired by the spouses during the existence of the marital relationship, for example, the ownership of one of the property or incomes in it is determined to be owned by one or both parties separately. Some couples agree that their respective salaries or income belong to each other, but this does not mean that the husband or wife only bears the cost of their own living and does not assume the obligation to support the other, such as when one party is seriously ill, the other spouse is still obliged to do his best to take care of and provide relevant treatment costs.

3. The maintenance of husband and wife arises from the time of the legal and effective establishment of the marriage and is extinguished when the marriage is legally and effectively terminated, and has always existed and has legal binding force in the whole process of the effective existence of the marriage relationship, so it is a state and continuous legal relationship.

4. Husband and wife maintenance is a legal obligation and is legally mandatory. Based on the particularity of the relationship between husband and wife, marital support is usually self-taught in the common life of marriage. When one of the spouses does not have a fixed income and lacks a source of livelihood, or does not have the ability to live independently or has difficulties in living, or needs support due to illness, old age, etc., and the other party does not fulfill the obligation of maintenance, the party who needs support has the right to require the other party to bear the responsibility of maintenance.

What are the principles for handling disputes over maintenance obligations between husband and wife?

Maintenance disputes between husband and wife are mainly due to the temporary, prolonged or long-term loss of employment or earning ability of one spouse, or the difficulty of living due to illness or other reasons, and the other party does not fulfill the obligation of conjugal support stipulated by law, and does not give the spouse assistance in life. The court's treatment of maintenance between husband and wife is mainly to meet the basic living needs of one of the living parties, such as necessary living expenses, medical expenses, and is determined by reference to the economic ability of the party paying the maintenance and the average living standard of the local residents, such as the average annual consumption expenditure standard of the local residents.

The principle of dispute resolution between husband and wife for maintenance obligations is to meet the basic living needs of one of the living parties.

What are the legal provisions for maintenance?

In the field of marriage and family, there are more and more disputes over maintenance fees, and lawyers should pay attention to grasping the legal connotation of maintenance obligations and their constituent elements when representing this business, so as to better protect the rights and interests of the parties and reduce the risk of litigation.

Generally speaking, support in a broad sense refers to the legal obligation of mutual support and support between certain relatives. Depending on the status of the two parties to the dependency relationship, support in a broad sense is further subdivided into upbringing, support and maintenance, wherein upbringing is the support and upbringing of elderly relatives to younger relatives; Support is the support and support between relatives of the same generation; Support is the support and support of the younger generation to the relatives of the elders. Husbands and wives are related to each other.

Article 20 of China's Marriage Law clearly stipulates: "Husband and wife have the obligation to support each other. When one party fails to perform the maintenance obligation, the party who needs support has the right to require the other party to pay maintenance. ”

Therefore, although the right of spouses is not explicitly stipulated in China, after the marriage relationship between the husband and wife, a series of property and personal relations are formed. The obligation of mutual support and support between husband and wife is called maintenance. The rights and obligations between husband and wife are to live together, to participate in employment, to be faithful to each other, to retain their surnames and to support each other.

When one party fails to perform the maintenance obligation, the party who needs support has the right to require the other party to perform the maintenance obligation, which includes economic support, spiritual comfort and care for life. This article mainly deals with the handling of maintenance disputes between husband and wife. The Court held that husband and wife had an obligation to support each other. As the party in charge of the joint property of the husband and wife, it has the obligation to maintain it according to law. The court shall decide according to the basic needs of life and the actual circumstances of the parties' respective ages, whether they have children or not.