When a man and woman begin to live together, they do not expect that in a couple of years, if the partner is not satisfied with something, they will run away. A woman, most often, expects a legal marriage. A man, in most cases, believes that the existing civil union (in fact, cohabitation) is quite normal, and the situation does not require change.
Are citizens who have not received a marriage certificate legally protected under the 2016 legislation? What is the difference between an official marriage and cohabitation between spouses? Don't children born into a de facto family suffer?
Registered union and actual family relations
Until 1917, only church marriage was considered legal. The husband and wife, having consecrated the union, could claim to inherit the property of the deceased spouse. Only children born after the wedding were recognized as legitimate. In modern society, civil marriage is called official, legal, secular, as opposed to church marriage. Citizens who have not registered a union in the registry office will not be married in a church in 2016.
According to the legislation of the Russian Federation as of 2016, a legal marriage is a union of a man and a woman, recorded by the registry office.
It presupposes marital relations, mutual moral support, and running a joint household.
Registration of a marriage union is aimed at creating a family and having children. After signing the documents, the spouses have legal rights and mutual responsibilities. Only a registered marriage presupposes that the partners have common property, even if one of them does not work but runs a household.
What modern young people call civil marriage is actually called “cohabitation” in the language of the law in 2016. This is the residence of two people of different sexes in the same living space, running a joint household, and owning common property.
Cohabitants also treat each other with respect, love and care. Actual family relationships lead to the birth of children. In fact, a civil marriage is no different from an official union; it is also created to build a family.
But the spouses of such a family do not feel completely protected. For example, in a situation where a girl came to live in a man’s apartment. They can be together for more than a year, both work, but the woman will not be allowed to change anything in the man’s home. Moreover, any quarrel can provoke a break, after which the girl will be left with nothing on the threshold of the house that she lovingly furnished.
A man who enters into an unregistered relationship can suffer no less. For example, a couple lived together for 7 years. During this period they bought a house and a car. To make the woman feel legally protected, the man registered all the new property in her name. As a result of a car accident, the common-law spouse died. All property acquired by the spouses was inherited by the wife's relatives. A man can only get at least some of his things through the courts.
Are civil and official unions equal?
Although a de facto union and an official marriage in everyday life are perceived as a family, only a registered marriage, according to the Family Code of the Russian Federation for 2016, presupposes the legal protection of spouses. Advantages of legal marriage:
There are points that do not suit people who registered an official marriage:
Only after the union has been formalized can a man and woman sign marriage contract regulating property issues and other aspects of family life.
Rights and responsibilities of actual husband and wife
Legal marriage allows spouses to receive not only psychological comfort, but also legal protection. There are no clearly defined rights and obligations of spouses who have entered into a civil union:
Actual marriage is not supported by the state and in the eyes of society remains cohabitation.
Most women who want to gain moral security and are in a civil marriage claim that they are married. Men who prefer freedom, having created an actual family, say that they are not married. According to statistics for 2010, there are 65,000 more married women in Russia than married men.
When a man and a woman break up, grievances and property disputes often arise. For example, if you took out a loan for a car, but issued it to your partner, the property will remain with him, and you will have to pay the balance of the loan. Partners have to protect property rights after a breakup through the courts, guided by the Civil Code of the Russian Federation.
Citizens note only some of the advantages of de facto marriage:
Legal protection of the child
The state carefully protects the rights of children. Therefore, without legally establishing the legal relationship between actual husband and wife, the 2016 law provides for the retention of parental responsibilities in full.
A child born in a civil marriage has the same rights to material support, moral support and education from his mother and father as those born in an officially concluded union.
If a minor citizen appears in a legal family, his mother and father will automatically recognize him.
At the birth of a descendant in a de facto family, according to the Family Code of Russia for 2016, the father must officially recognize the minor. If this does not happen, the mother, in order to receive financial support, seeks to establish paternity by going to court. Sometimes you have to resort to witness testimony and medical genetic examination.
In 2016, a law has not yet been adopted that equates a civil union to an official marriage. Although a similar proposal was made back in 2015. It was assumed that the basis for recognizing cohabitation as legal should have been a long period of time cohabitation– two years. As a result, the actual family would be no different from the officially registered marriage:
- Both partners would have equal rights to property acquired during the marriage.
- The disabled spouse would be entitled to the assistance of the partner.
- The divorce would have to be done through the courts.
Despite the fact that the collection of signatures has begun, 100,000 have not yet been collected and in 2016 only a union registered in the registry office is a legal marriage.
Many people wonder how a civil marriage differs from a church marriage. Answering this question, some argue that a church marriage is a “real” marriage, and a civil marriage is a kind of prodigal cohabitation. Of course, this is not true. Although people enter into a civil marriage for different reasons, in most cases these reasons are quite good: to start a family, to love and care for each other, to raise children. Isn't that what people who get married in church want? How does a civil marriage differ from a church marriage? To make it easier to understand the difference, let's look at a few examples.
What is a house used for in the world? For quite good purposes: so that we can hide in it from the rain and the scorching sun, so that there is a place to cook food, and so that there is a place to collect and store the things we have acquired. The temple also performs all these functions: in it you can also hide from the rain, in it we prepare Holy Communion so that believers can enjoy this heavenly food, and in it we collect and store the necessary things - vessels, tables, lecterns and other utensils . But the true purpose of the temple is not protection from rain or storage of church utensils, but so that in it we meet with God himself.
Or what are cups and plates used for in the world? We pour drinks into cups and put food into plates. It seems that we also pour wine into the church cup, and put bread on the paten plate. But the true purpose of church vessels is not at all in drinking wine or satisfying the stomach, but in so that God himself may enter into us in the substance of Holy Communion.
Everything that is sanctified by the Holy Spirit through the prayers of the Church seems to retain its secular functions, but changes its purpose. That which is sanctified is, as it were, separated from the world, ceases to serve the world, is dedicated to God and begins to serve our salvation. At the same time, the natural or worldly functions of the thing are not canceled, but are sanctified, filled with deeper meaning and serve a higher purpose.
Similarly, one can talk about the difference between civil and church marriage. A civil marriage is concluded for the sake of creating a family, procreation, the love and care of spouses for each other, and mutual assistance. In the Western tradition, those getting married often promise to be faithful to each other in richer and poorer, in health and in sickness. All these wonderful characteristics of marriage are present in church marriage. But there is also a little more. Marriage, sanctified by the Holy Spirit through the prayers of the Church, is no longer an economic unit of society, but an icon of Christ and the Church, a Sacrament. The true purpose of church marriage, in contrast to civil marriage, is not the establishment of property and legal relations or the multiplication of labor for factories and collective farms, but the joint salvation of the spouses and their joint aspiration to God. The Apostle Paul called marriage between husband and wife the great mystery of Christ and the Church (Gal. 5:32).
Only in the joint painting of this mysterious icon by husband and wife is the true meaning of marriage. Everything else is, in best case scenario, just a picture, and at worst a caricature. Therefore, the Church calls on its children not just to mate, but to sanctify their union with prayer in the sacrament of wedding. Moreover, not only young people who are starting their life together, but also those who have lived together for many years, but for some reason have not joined the sacrament of wedding. There is a special rite for blessing spouses who have lived together for a long time. The Church gives us everything we need for the sanctification of our entire life, every part of it, and for the aspiration of our entire being to God, our Savior. We must realize and constantly remember the true goal of our life - union with God, and work hard to ensure that our Christian marriage is a high sacrament that leads us to this goal.
There is no concept of “civil marriage” in the Russian legislative framework. Therefore, it is impossible to consider this type of relationship from a legal point of view.
If a man and a woman live in the same room and run a common household, but do not officially register the marriage, then this relationship can be called whatever you like. This could be an “open relationship”, “unregistered marriage”, “cohabitation” or a more familiar one – “civil marriage”. At the same time, the couple does not have any legal obligations to each other. In such a marriage, intimate, economic and property relations are built only on trust in each other.
- Quick conclusion and dissolution of the union (moved together, moved away);
- Absence of long-term red tape with documents, which is present during the preparation and registration of an official marriage;
- Possibility to check each other's compatibility.
By entering into a civil relationship, a man and a woman expose themselves to danger, in the sense of the lack of family legal assistance from the state. However, thousands of couples across the country live in civil marriages and are quite happy with it. So, whether to formalize a relationship with a partner legally or continue to live “freely” is up to a couple of loving people to decide.
Established ideas about marriage are a thing of the past. And although the so-called “civil marriage”, that is, free, without property obligations, cohabitation between a man and a woman is becoming the norm, people do not fully understand what it is.
In fact, the concept of civil marriage is misunderstood. A traditional, official marriage is just a civil one. It gives spouses, especially the woman - the expectant mother, a feeling of confidence and security. However, adherents of cohabitation (which is popularly called civil marriage) are confident that the seal and stamp in the passport extinguish feelings, since they put “shackles of obligation” on people.
People make their own decisions about what kind of life they want to live. It would be a good idea to consult with a lawyer about what to expect from such a marriage. You also need to be well aware of the consequences of breaking up the relationship.
What is considered an official marriage?
The Family Code of the Russian Federation indicates the characteristic features of the union of a man and a woman:
- voluntariness;
- freedom of choice;
- equality;
- monogamy (monogamy).
This document indicates how the marriage is officially registered (clause 2, article 1 of the UK). This is what the registry office is for. After marriage, the state guarantees:
- its universal recognition;
- protection;
- respect for certain rights.
Significant differences between cohabitation and official marriage
The law states that the mother’s husband will be recognized as the father of a child born in marriage (Clause 2, Article 48 of the Family Code). However, a child may be born in special situations:
- after divorce;
- after the death of his father.
In order for the spouse (former or deceased) of the mother to be recognized as the father of the child, the baby must be born no later than 300 days after the divorce or death of the father. There is a presumption of paternity in effect. In other words, a man is recognized as the father by default, although he has the right to file a lawsuit asking not to recognize him as the father, since the child is not his own.
Similar circumstances during cohabitation are regulated by paragraph 2 of Art. 51 SK. If the child was born out of wedlock, you will need:
- cohabitants submit a joint application to recognize the man as the father of the child;
- father to submit a statement of similar content.
Let’s say the “common-law husband” (simply a cohabitant) does not want to submit such an application. Then at the registry office the illegitimate child receives the mother’s surname. She will be entered in the column where the father's last name should appear. The mother chooses the name. The middle name is also chosen according to the personal preference of the mother.
However, a man can prove his paternity. The results of genetic testing are presented to the court as evidence. Eat life situations when required.
For example, citizen R. contacted a lawyer and wanted to give his child his last name. As it turned out later, his former partner (the child’s mother) died, and the baby was raised by the mother’s parents. However, their daughter left the child a large inheritance in the form of an apartment in the capital, and the grandparents obtained guardianship.
Citizen R., with the assistance of a lawyer, managed to prove his paternity. However, the guardians' lawyers were able to correctly substantiate their clients' position:
- the father knew about the existence of the child, but was not interested in him and did not pay child support;
- guardianship is formalized according to all rules.
Division of property
It is worth noting that in an official marriage, spouses have jointly acquired property. It is common property unless a marriage contract has been drawn up, which has its own nuances from the point of view of the law.
By general rules doesn't matter:
- that only one of the spouses, who worked or had other income, contributed money to the family budget;
- that the property is registered in the name of one spouse.
And yet, lawyers advise dividing property not only during a divorce (which is natural), but also during a marriage, in order to make marital relations more comfortable. By the way, property can be divided within 3 years after a divorce.
Article 35 of the Family Code (clause 1) indicates that mutual consent of the spouses is required in order for joint property to:
- own;
- dispose of;
- use.
If one of the spouses independently manipulates the common property, the other spouse has the right not to recognize the legality of these actions. But in case of cohabitation, the property is owned by the one who acquired it (clause 2 of Article 218 of the Civil Code). As evidence you can present:
- checks;
- other documents confirming the buyer’s identity.
In this case, it is very difficult to prove that the other cohabitant also contributed a certain amount to purchase the property.
Legal assistance
A lawyer defending the position of a former cohabitant who wants to get his money back for property faces serious challenges.
1. It is required to prove that the other party to the conflict did not have the opportunity to purchase the property on their own, since they did not have the funds to do so.
2. It will be necessary to identify witnesses who would confirm that the property was purchased with the client’s money.
3. In some cases, the identity of the person who recorded the jointly acquired property plays a role. Perhaps such “civil marriages” are repeated with enviable frequency and strengthen the financial condition of the defendant. There is evidence of fraud.
Also, the money that the cohabitants had, as it were, in joint ownership and was intended for current purchases, when the relationship is dissolved, becomes not just a subject of dispute. One of the former cohabitants may claim that another member of the failed family simply stole them.
There are situations when one cohabitant files a police report against the other, accusing him of ordinary theft. After all, in essence, these people remain strangers to each other, since they can separate at any moment. Therefore, in order for them to understand their relationship, they need the help of a lawyer.
A competent lawyer will first of all competently advise a citizen who approaches him on any issue regarding family law. Perhaps the conflict situation can be resolved at the negotiating table. Otherwise, you will need legal support in court.
