modern family legal regulation is based on decision-making by spouses by mutual agreement, based on the principle of equality of spouses. Man and personality are central subjects of law, it is important to consider the implementation of family rights of spouses, both personal property and personal non-property. Purpose: when considering the implementation of marital rights of spouses from the standpoint of a structural and functional approach, to comprehend the procedure for the formation and adoption of a joint expression of the will of spouses when solving both personal non-property issues and property issues related to family life. Methods: logical, historical-legal, structural-functional. Results: the legal meaning of “solving issues by spouses by mutual agreement” was revealed; the form in which spouses determine their consent when resolving issues related to family life, the procedure for forming the opinion of spouses when resolving issues affecting property and non-property issues of family life. Conclusions are drawn that can be used as the basis for the course of family law, contribute to the improvement of legal regulation and law enforcement.