What is cohabitation and civil marriage from a legal point of view? The difference between a civil marriage and cohabitation. What is the difference between a civil marriage?
The conclusion of an official union between a man and a woman is a serious step in the life of every couple. Therefore, the solemn event must be preceded by a balanced decision. However, more and more young people are postponing this step and living together without getting married. What is the difference between an official family and cohabitation? Should we register the union or not? Let's look at the pros and cons.
Entering into an official marriage is the registration of two persons of the opposite sex in the registry office. At the end of the event, the specialist puts a stamp in the passports of citizens with a record of marriage. As soon as such a mark appears on the identity document, the union is considered registered.
Important! Currently, according to the legislation of the Russian Federation, marriage can only be concluded between a man and a woman.
What is a civil marriage? It appeared as an alternative to the church. In the Russian Empire, an official union was concluded in the form of a wedding and an entry in church books. And the civil (secular) people were considered frivolous, and spouses were considered not responsible before God.
After the revolution, the church lost its influence, and the Constitution completely enshrined freedom of religion. Therefore, a civil marriage concluded in specialized bodies began to be considered official.
However, the terminology among the people has been preserved. A “fake” marriage is usually called civil. Now in common parlance this is called cohabitation. That is, living together without concluding an official union.
Thus, it is important to separate concepts. An official (civil) marriage is concluded through the registry office. If the procedure was not followed, it is cohabitation.
Differences between cohabitation and official marriage
Cohabitation refers to de facto marital relations. This is a “lite” version of official marriage. Spouses bear only those rights and responsibilities that they consider necessary. Thus, the couple manages the household, shares income and bed, but does not formalize their relationship legally. Relationships are considered valid only during the period of cohabitation. When citizens stop living together, their rights and responsibilities cease.
An official marriage carries a high level of responsibility, including property. Legal spouses have a significant list of joint rights and obligations. For example:
- the spouse has the primary right in inheritance by law;
- in case of divorce, acquired property is divided in half;
- the possibility of receiving monetary support by a disabled ex-spouse.
Thus, cohabitation can be a trial period before entering into an official marriage. People who have lived together and gotten to know each other's characteristics are less likely to get divorced.
Legality of relations
In accordance with current legislation, cohabitants do not have official rights and responsibilities towards each other. Of particular importance in this situation is the right to property acquired during the period of cohabitation.
To protect citizens who have chosen this type of family life, legislators periodically raise the issue of equating cohabitation with official marriage. For example, in 2018 a bill was considered. The difference between this document and the previous ones was the established period of cohabitation. The required period was cohabitation for 2 years.
In addition, one of the reasons for regular discussion of this issue is the importance of recognizing the legal regime of marital property. In this case, the debts of one cohabitant can be collected from the other. Since the country has an unfavorable credit situation, such a law would slightly ease the tension in the banking system.
Children in legal and unofficial marriage
When children are born, the mother's marital status is of great importance. Even the adoption of a child left without care into the family varies depending on this fact. It is worth considering the issue in more detail. If the parents are in a registered marriage:
If parents cohabit:
- Paternity of children must be established through the registry office (with the general consent of the mother and father) or through the court (if one of the parents is against).
- Otherwise, the father has no rights and responsibilities in relation to the child, and they are fully assigned to the mother.
- In the event of the death of the mother or deprivation of her rights, the father can place his children under guardianship only on a general basis.
- If the father dies, the mother must establish paternity posthumously in court in order to obtain a pension for the children.
Thus, for children it matters directly whether the mother is married or not. When cohabiting, the mother and father must take additional measures to protect the rights of minors.
The issue of property and debts
One of the arguments in favor of cohabitation is the couple's reluctance to have a lavish wedding. Considering yourself responsible and competent, it is necessary to draw up property documents. Thus, to protect your rights during cohabitation, you need to seek the help of a lawyer in order to further protect yourself and your partner:
- Make a will.
- Allocate shares in property purchased during the period of cohabitation.
- When applying for loans for joint purposes, divide the amount in half.
All of these measures are purely voluntary, as is living together. They do not require large financial costs, however, they can protect each party in the event of an emergency.
Each cohabitant is responsible for his own debts and loans. This rule applies even when using this money to purchase property for common use, as a gift to a cohabitant, or when registering ownership of it.
Official spouses are responsible for each other's debts. In case of divorce, the court may decide to divide the loan amount.
This issue can be resolved through a marriage contract or division of property. Cohabitants do not have such rights.
In the event of the death of one of the cohabitants, the second has no rights to his property, including that acquired during the period of cohabitation. This issue can be resolved with the help of a will drawn up in advance.
This document can be challenged by interested citizens. For example, children of the deceased. After marriage, a person is the heir of the first priority. Therefore, he will become the owner of the property of the deceased along with his parents and children. And it is impossible to challenge his right.
Legislative regulation
Relations in an official marriage are regulated by family law, including the property regime of spouses. Moreover, joint responsibilities remain even after the dissolution of the union.
After a divorce, a husband can collect alimony from his wife if his health condition does not allow him to independently provide for his needs. Moreover, after the death of a spouse, a disabled citizen may request a survivor's pension.
The concept of cohabitation is not enshrined in regulations. Persons living in such a union do not have mutual legal rights and obligations. Therefore, the rules of civil law apply to the property relations that arise.
Pros and cons of cohabitation
Having considered the pros and cons of official marriage, we can look at the second option in more detail. Currently, the majority of young people and established citizens choose cohabitation. This type of family life has its advantages and disadvantages.
The main disadvantage is the lack of legal obligations of the parties. This is especially evident during pregnancy planning. Child care benefits are paid to officially employed women giving birth. However, its size will be only 40% of wages. This amount is catastrophically insufficient to support a mother and child. Therefore, having a man who will help financially is of great importance. However, in the absence of official registration of marriage, financial support is provided on a voluntary basis.
One of the advantages of cohabitation is freedom from financial claims from the other half. A man cannot demand rights to living space, a car, other property purchased during the period of marriage, wages and other income of a woman if it is all registered in her name.
The time spent living together can be considered a trial period. By getting to know each other better and studying everyday habits, a more responsible approach to registering a marriage is possible. One of the most common reasons for divorce is differences in household habits.
We conclude that a civil marriage differs from an official one in its name, the presence/absence of a stamp in the passport and a number of property rights and obligations. Having understood the terminology, you can note the pros and cons of both cohabitation and official marriage. However, the decision to register a union or live together without a stamp must be made by the individual couple.
Relationships between a man and a woman move to new stages of development from time to time. For example, during long-term meetings, people decide to start a family, acquire common property and have children. This article will talk about civil marriage. Many people speak out for and against such relationships. What do the people think? How does such a union differ from the official creation of a social unit? The answers to all this and more can be found further.
Types of relationships
Everyone can speak out for and against civil marriage in Russia. But first it is important to understand what a person is agreeing to. What species are there in the Russian Federation?
Today, a social unit can be created:
- civil union;
- official marriage;
- guest marriage.
The latter scenario is extremely rare. Therefore, we will not consider it.
More and more often, people settle on the first option for the development of events. What is the difference between a civil marriage and an official one? What and for what reasons should you give preference?
Official relations
According to Russian law, marriages officially registered in the registry office are called civil. After all, they are concluded between two citizens of a particular country.
However, the people interpret the concept differently. Those who understand what we are talking about speak for and against civil marriage. Such “families” have nothing to do with the official list.
Registering a marriage is the safest option for creating a family. Married couples have rights and responsibilities in relation to their spouse and children. But such an alliance sometimes causes a lot of trouble. Therefore, we will consider relationships without registration in more detail.
Life without registration
What is the difference between a civil marriage and an official one? To understand this issue, it is important to understand what each scenario entails.
Everything is clear with the official procedure for creating a family - the couple is registered in the registry office, after which it is considered a unit of society. This is a serious step in a legal sense.
Civil marriage among the people - This type of relationship does not require registration with the registry office. It is not prescribed or regulated anywhere at all. In fact, the couple simply lives together.
Legal differences
The difference between a civil marriage and an official one mainly lies in the legal relations.
As we have already said, if citizens decide to register a family, they will go through the procedure at the registry office. Painting can be either ceremonial or ordinary. Immediately after marriage, husband and wife acquire responsibilities towards each other. Their relationship begins to be regulated by the Family Code.
In a civil marriage, the couple simply moves in and lives together. Family law will only apply to children. Therefore, it is necessary to know all the pros and cons of civil marriage. For some, this format is better. But why?
Property issues
For example, due to property disputes. Marriage: Pros and Cons" necessarily covers issues related to the purchase and division of property.
In official relations, everything purchased during marriage is recognized as common property. Personal property is what was before the painting, as well as objects transferred through donation or inheritance.
In a civil marriage, everything is much simpler - to whom the property is registered, it belongs. This means that if the couple breaks up, there will be no problems with the division of property. The principle of “every man for himself” applies here. The cohabitant does not share the credit burden of the spouse and does not claim in any way the property registered not in his name.
In addition, during an official marriage, citizens can enter into a marriage contract among themselves. It allows us to clarify that in case of cohabitation there is no such right.
Government support
Arguments against civil marriage can be heard mainly from women. And we will dwell on them in more detail later. First, let's look at the key points of the previously mentioned types of alliances.
By registering an official marriage, the couple becomes entitled to additional support from the state. For example, under the “Young Family” or “Affordable Housing” program. Family people are offered various benefits and payments.
When cohabiting, the bulk of “family” state bonuses are not available. After all, a couple is not considered a separate unit of society; in fact, nothing connects them.
Children and marriages
Men rarely speak out against civil marriage. And they have their own reasons for this. Especially considering that many young people do not understand the responsibility to their spouse and children.
Cohabitation is a relationship that most often occurs before children are born. This is due to the fact that the couple will be able to calmly separate in case of disputes and disagreements. The birth of a child brings a lot of trouble to cohabitants.
Why? For example, the following troubles may arise:
- Paternity will have to be proven. Sometimes in court.
- The mother of a child can obtain the status of a single mother.
- The baby's last and patronymic names are recorded in the registry office according to the mother's words.
- Until paternity is established, the child's father has no rights to meet and raise the minor. Mom can just leave, take the children, and no one can take them away.
- Problems arise with registration if you want to register the child at the place of residence of the bio-dad. This process is accompanied by paperwork.
- While there is no paternity, children are not bound by the responsibility of supporting an incapacitated, needy dad.
- Getting alimony from your cohabitant if he leaves is problematic. You will have to prove the children's relationship with their biological father.
From the child’s perspective, there is no particular difference in the types of relationships studied. After paternity is established, children become the heirs of their father, they have the right to communicate with him and to financial support.
Collapse of pairs
What to choose - civil marriage or official? Anyone can be for or against these unions. Everyone decides for themselves which format of relationship is beneficial to them.
It is worth paying attention to the termination of family relationships. In the case of an official marriage, you will have to try. Divorce is carried out either in the registry office (if both agree and there are no children/property) or in court. The collapse of the official social unit is often accompanied by litigation, division of property and determination of the place of residence of children.
When discussing opinions for and against civil marriage, it is worth noting that it is easier for cohabitants to separate. They're just leaving. Especially if the paternity of the children has not been established. Otherwise, the common-law spouse may apply to the court to determine the place of residence with him. But, as a rule, this does not happen. Or the court sides with the mother.
In addition, civil unions mean the absence of any responsibility for the family, high risks that the relationship will end in an instant and completely unexpectedly. Official marriage makes people think about the consequences of a breakup. And people in the registry office or in court are given time for reconciliation. There is time to change your mind, while in cases of cohabitation, citizens leave once and for all.
What's good about cohabitation?
What is better - a civil marriage or an official one? We have become familiar with the key points of the mentioned unions. But what to choose?
For a woman, cohabitation often ends disastrously - the cohabitant can simply leave for another, leaving the “spouse” with the children alone, without any obligations to them.
However, civil marriage has its advantages. Especially for self-sufficient girls who do not plan to force children or give birth at all.
The arguments for cohabitation include the following:
- no need to spend money on a wedding;
- lack of paperwork;
- complete freedom of action;
- lack of responsibility and obligations to the spouse;
- ease of breaking up relationships;
- the possibility of being a single mother (the absence of “ballast” in the form of an ex-husband who wants to participate in the children’s lives).
However, according to statistics, women even in civil marriages behave like official wives. The same cannot be said about men. But it's not that important. After all, the arguments for and against civil marriage have not yet been fully studied.
Why no to cohabitation
We've sorted out the positive aspects. Why is it better not to choose cohabitation as the main format of relationships?
The arguments for both men and women are the following factors:
- no responsibility to the spouse and children (lack of security and confidence in the future);
- after the breakdown of a relationship, you may be left with nothing due to investments in your spouse’s property;
- problems when applying for benefits and registering a child;
- the father does not have rights to the children until paternity is established;
- the need to establish a relationship with the father during the assignment of alimony.
As practice shows, a man in a civil marriage behaves in the same way as a free young man. A stamp in a passport makes a person responsible for his actions before his family and before the law.
What to choose
So which is better to stop at? Many couples are interested in opinions for and against civil marriage. They help you choose the format of the relationship. What is the best advice for families?
Cohabitation is an intermediate stage of the relationship between “we are a couple” and “we are a family.” If people take a responsible approach to creating a separate unit of society and having children, it is better for them to sign. It is recommended to live in a civil marriage when the couple is looking closely at each other and does not plan a long-term relationship and the birth of children.
There are people who have lived their whole lives in a civil marriage and are happy. Such relationships are built on complete trust. But in the modern world, such unions are becoming less and less common. Each couple must decide for themselves how to live. The main thing is to remember that official marriage is a responsibility to the created family.
The topic of civil marriage is rarely discussed in the media, which is why most people are significantly mistaken when they call a civil marriage a situation where two loving people live together, run a joint household and do not enter into an official marriage relationship. In the article we will look in detail at what civil marriage and cohabitation are. We will find out what their similarities and differences are, what pitfalls exist and whether there are ways to get around them, how to reduce the risks; we will help those who are already in a relationship to make a choice who are just about to start a serious relationship.
What is civil marriage and cohabitation?
So, what is the difference between a civil marriage and cohabitation? It is quite easy to answer this question if we remember that in pre-revolutionary Russia a church marriage was considered official, which was recognized only after its consecration in the church; all other types of marriages were not official. After 1917, the situation changed and the regulation of marriage relations passed to the state. Article 10 of the Family Code of the Russian Federation indicates that marriage is concluded in the civil registry office, which means that only those whose cohabitation and running a common household are confirmed by a marriage certificate issued by the civil registry office can be legally considered spouses.
Important! A civil marriage is a family union of two people, officially registered in the manner established by the state by the civil registry office.
In ordinary life, a persistent stereotype has developed when a “civil marriage” is an unregistered de facto marriage, that is, a situation where a man and a woman live together, sometimes even have children and common property, but have not properly legalized their relationship. In fact, this is a big misconception, since the situation when people live together and run a common household without registering the relationship is correctly called cohabitation.
Pay attention! Cohabitation is living together and running a household by people who have not officially registered their relationship as a marital relationship.
The main reason why cohabitation is called a civil marriage is the presence of a more attractive status of “common-law husband” or “common-law spouse” than a cohabitant or cohabitant. Such stereotypes have developed since the times of the USSR, when cohabitation was synonymous with something bad, but now the worldview is changing and the correct understanding of cohabitation as an alternative to official civil marriage is correct. So, the difference between a civil marriage and cohabitation is in the official registration of the relationship.
Now that we have found out what civil marriage and cohabitation are, let’s look at what motivates those couples who are in no hurry to legally register their relationship:
- One of the most common reasons is that there is an opinion that by cohabiting with a loved one without civil registration of marriage, there is an opportunity to get to know each other better in advance, to understand whether you have chosen the right person with whom you are going to connect your entire future life. If over time the couple understands that living together brings nothing but disappointments, and “the boat of love has crashed on the rocks of everyday life,” then the absence of official obligations will make the process of separation as easy as possible, especially if the couple does not yet have joint children or common property. In other words, you have already chosen your loved one, but you have time to confirm the correctness of your choice in order to avoid disappointments in the future.
- Another reason lies in the mentality of modern young people who prefer to learn and get on their feet, while maintaining the status of a free person. Having met a loved one, such couples simply begin to live together, because they consider feelings to be more important than statuses. While running a common household, however, they remain free people and have the opportunity to receive further education, build a career, and create a material foundation for the future without unnecessary obligations. At the same time, they are confident that their partner is with them of their own free will, and not due to any obligations or material interest.
- Many cohabiting parents have negative parental experiences associated with divorce and negative attitudes. Often in such relationships there is no desire to have children and couples are in no hurry to legitimize their relationship.
- As trivial as it may seem, another common reason for cohabitation is the lack of necessary financial resources to hold a magnificent wedding ceremony. A wedding is quite an expensive event, sometimes it is even held with borrowed money, which means the risk of losing the money spent in a divorce must always be taken into account. An additional motivation in this case may be the absence of condemnation of such relationships from relatives and friends.
Pros and cons of cohabitation
Cohabitation, like any relationship, has its pros and cons.
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What is the difference between cohabitation and civil marriage?
The difference between cohabitation and civil marriage lies in the presence or absence of official registration of the couple’s relationship with the registry office. This is on paper, let’s look at how this difference manifests itself in life.
Important! In the case of an official marriage, relations between spouses regarding the management of a common household, inheritance, and child support are regulated not only by the Civil Code of the Russian Federation, but also by the Family Code. In the case of cohabitation, only the Civil Code applies. This means that the main difference lies in the rights and responsibilities of spouses and cohabitants.
The property of spouses acquired in an official civil marriage is their joint property, regardless of the title owner (the spouse in whose name it is recorded). The property of cohabitants is the property exclusively of the person to whom it belongs according to documents, even if it was purchased with common funds. Upon termination of a marriage or cohabitation, the division of property will be carried out according to completely different rules:
- Option 1. The Ivanovs purchased a car, a refrigerator and an apartment during their marriage. The apartment was registered in the name of the wife, and the car in the name of the husband. After divorce, all property must be divided in half as jointly acquired property in accordance with Article 38 of the RF IC, unless a marriage contract or a notarial agreement on the division of jointly acquired property has been concluded.
- Option 2. If the marriage was not registered in the registry office and Ivanov cohabited with Petrova for some time. During their cohabitation, the same property was acquired with common money as in option 1. Let us assume that after the end of their cohabitation, the cohabitants were unable to voluntarily agree on the division of property. In this case, Ivanov will not be able to claim the apartment, and Petrova will not be able to claim the car. In the case of a refrigerator, it will go to the person who has the documents for it. If this is Ivanov, then only in court by filing a civil claim will he be able to prove that he purchased the refrigerator and temporarily lent it to Petrova. Of course, a knowledgeable lawyer will try to find other options for dividing property, but there must be grounds for this, time to do this and money to pay legal costs.
Pay attention! In the event of a divorce, the Family Code protects the spouse who did not work, but was engaged in housekeeping or raising children (and this is not necessarily a woman); in the case of cohabitation, such protection is absent.
The position of children in an official civil marriage is transparent from the moment of birth, i.e. a born child has a mother and a father, who, in turn, have rights and responsibilities towards the child. In an unregistered free union, the father’s official consent is required for the father to be included in the child’s birth certificate. Without recognition as the child’s father, the mother will be assigned the status of a single mother, and there will be a dash in the “father” column on the child’s certificate.
As an example, consider the following situation. You are happy in your life together, but your marriage is not registered. Your couple has a lovely child, you love him very much, but for some reason he is not recorded as the father on the birth certificate (maybe you just had no time or you don’t see the need for this, any other reason is possible, it’s important the very fact of the absence of your last name in the father column). You take care of the child and invest money in his education, development, and upbringing. For everyone around you, you are one family, however, in the event of your death, the child will not be able to claim your inheritance. Also, you will not be able to claim child support if one day you find yourself unable to work and lose the ability to support yourself. In an official marriage, the rights of both parents and children are protected at the legislative level.
Inheritance disputes can be quite complex in the event of the death of one of the cohabitants, if the couple has chosen the option of living in a union without registering with the registry office and has joint property. Losing a loved one is usually a difficult experience, and without a will, things become even more difficult.
Children from other unions, parents, and other relatives can claim the property of a deceased cohabitant.
If jointly acquired property was registered in the name of a deceased cohabitant, the surviving partner, in exceptional cases and with great difficulty, manages to prove his right to a share in the remaining property. Unfortunately, few cohabiting couples discuss such issues during their lifetime, but failure to resolve such property issues can lead to tragedy.
Remember! When choosing a civil marriage or cohabitation, you must remember that one of the most important factors is the factor of commitment. The law protects the rights of each spouse, and also imposes obligations on him in relation to the other. In cohabitation there are no such obligations; it is solely a matter of personal trust and the desire of everyone to bear responsibility for the decisions made.
When making a choice between registering a civil marriage and cohabitation, everyone must decide for themselves how seriously they consider the relationship with their partner, whether they are confident in their desire to spend most of their life with the chosen person, and how willing they are to sacrifice their personal interests for the sake of a comfortable life together.
If your couple has chosen cohabitation for any reason, be sure to discuss the following issues among themselves:
- recognition of children born in the future;
- joint acquisition of property, including with the use of credit money;
- subsequent status and registration of rights to jointly acquired property;
- When making a large purchase and registering it in the name of one of your partners, be sure to resolve the issue of a will, so that your loved one, who has lived with you for decades and has eaten more than a pound of salt, would not end up on the street after your death, but your joint “nest” would not have passed by inheritance to your relatives from a distant seaside town, whom you saw no more than three times in your life.
The decision to get married is one of the major life decisions that imposes obligations on the couple towards each other. It must be taken consciously and carefully. If you are unsure or in doubt about something, perhaps you should wait to go to the registry office. But if there is love, mutual understanding and a desire to hold hands all your life between partners, the choice is obvious.
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 obligations” on people.
People make their own decisions about what kind of life they want to live. But it would be useful to understand what can be expected 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 my father's death.
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, the man is recognized as the father by default, although he has the right to file a lawsuit asking not to be recognized 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. There are life situations when this is required.
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.
According to general rules, it does not 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, sometimes it is necessary to divide property not only during a divorce (which is natural), but also during a marriage, in order to make the marital relationship 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.
The relationship between a man and a woman plays an important role in a person's life. Today you can encounter various forms of so-called marriage. This is a relationship in a couple that is registered in one way or another. The actual marriage requires special attention. What is it? How is it different from civilian? What are the pros and cons? We will have to answer all these questions further. In reality, everything is much simpler than it seems. We also have to understand how to properly formalize the relationship officially. Not everyone knows the features of such a process.
Civil marriage
First, let's understand a little terminology. Today, a distinction is made between de facto and civil marriage. What is it? Let's start with the second concept. From the point of view of the law, a civil marriage is a relationship officially registered in the registry office. In other words, this is living together after the wedding. This is precisely the meaning of civil marriage among lawyers.
However, this terminology is often used in a different meaning. Civil marriage most often refers to the process of living together between a man and a woman. In this case, people live under the same roof, conduct everyday life together, but their relationship is not officially registered in the registry office.
Actual union
The next important term is actual marriage. What kind of concept is this? How is it different from a civil marriage? Further in the text the legal interpretation will be understood. Actual marriage is the process in which people live together, build relationships and even give birth to children. Unlike official registration, this scenario is not recorded anywhere.
In other words, actual marriage is the cohabitation of a man and a woman, an analogue of a generally accepted (non-legal) civil marriage. This form of relationship is often intermediate between “just meeting” and “husband and wife status.” Despite this, actual marriages in Russia are spreading quite quickly. People are in no hurry to go to the registry office to register their relationship. And there are reasons for this. The concept of actual marriage is now clear. But what are the pros and cons of this form of relationship?
Pros of civil marriage
The official form of joint farming has its advantages and disadvantages. What are we talking about? First of all, it is necessary to find out why the population is attracted to painting in the registry office. Why register relationships if you can do without this feature? The fact is that among the main advantages of a civil marriage is the security of family relationships. After registration at the registry office, citizens will be considered official spouses. Their relationship will be regulated in accordance with the Family Code of the Russian Federation.
In addition, civil marriage:
- Gives husband/wife special rights. For example, in some hospitals, only official spouses are allowed to visit patients.
- Gives the parties security and clarity of relations of both a property and non-property nature.
- When children are born, official marriage eliminates most problems. For example, children will be able to take their father's surname without additional paperwork. In addition, parenting is easier in a formal relationship.
- The division of property during a divorce will be carried out in accordance with the RF IC. In addition, spouses can enter into a marriage contract in advance. It will help clarify the principles of division of common property.
Accordingly, this form of relationship provides certain guarantees. As already mentioned, de facto marriage still occurs quite often in Russia. Why are citizens in no hurry to formalize relationships?
Disadvantages of registration at the registry office
It is enough to think carefully about the consequences of such a decision. As has already been emphasized, civil marriage gives the husband and wife special rights. This is a completely new stage in a relationship that requires a lot of responsibility. Some people simply find it advantageous not to sign. There are not many disadvantages to a civil marriage. These include:
- Responsibility to relatives, spouses and children. Family relations, as emphasized earlier, are regulated by the Family Code of the Russian Federation.
- It is not so easy to end a relationship in the event of conflicts. Actual marriage allows people to simply move away and not think about each other. Officially registered relationships require additional paperwork during divorce.
- Having common children greatly complicates the divorce process.
- After the dissolution of an official marriage, the spouses still have some obligations to each other and to their children. Proving them is not difficult.
That is why everyone decides for themselves what to do. Registration of marriage is a fairly simple procedure. And its termination often means problems. However, the actual marriage requires special attention. What positive and negative sides does it have?
Pros of cohabitation
In reality, everything is not as simple as it seems. Previously, in Russia, a de facto union had significance. It was enough to share one bed and lead a common life in order to be officially registered as a family. But in 1944 everything changed. From that time on, citizens had to undergo official registration of relationships at the registry office. In this case, persons living together could indicate the duration of the actual relationship. What makes an actual marriage stand out? All people speak out for and against this form of relationship. For some, living under one roof is enough; for others, it is important to have a stamp in their passport for peace of mind.
Among the positive aspects of actual marriage are:
- Lack of responsibility to your spouse. As was emphasized earlier, in conflict situations people can simply disperse without consequences.
- Freedom. Many people understand that actually living with a citizen is a kind of freedom. Today you can live with one person, tomorrow - with another. Nobody owes anything to anyone.
- Property relations. An undoubted advantage is the fact that everything acquired in a de facto marriage is not recognized as joint. What is bought by the husband belongs only to the husband. And all the wife’s property is only her property.
Perhaps all these features can also be considered disadvantages. A de facto marriage means a minimum of responsibility and a maximum of legal disputes if the parties have obvious conflicts.
Property
Special attention must be paid to property issues related to cohabitation. Often people disagree on the principle “whoever bought what belongs to him.” But such situations are ideal. Often, the breakdown of people's relationships is accompanied by mutual hostility and conflicts. What does actual marriage mean? The division of property in this case will be carried out under the guidance not of the country’s Family Code, but of the Civil Code. What does this mean? All joint property acquired through actual cohabitation is divided as common property. In other words, if a man has not invested a penny in the purchase of his common-law wife’s apartment, he has no plans for her. Otherwise, the courts take into account who contributed what share when acquiring property.
- joint farming is not considered work;
- the earnings of citizens and their other incomes are not considered joint;
- The degree of participation in the transaction and the personal investments of each party are taken into account.
It is noted that actual marriage with division of property is often accompanied by litigation. Therefore, such disputes are often settled fairly. Not always, but very often this is the case. The only disadvantage of the process is that domestic work will not be taken into account by the court.
About legal consequences
Are de facto marriages currently recognized? Quite. In court, if desired, you can prove the fact of running a joint farm. But in practice such cases are extremely rare. What are the legal consequences of unregistered relationships? Among them are the following features:
- children do not receive their father's surname "by default";
- the father can assign his surname to minors only after recognition of paternity;
- Anything acquired during marriage is not considered joint property.
Important: children born in a civil and de facto marriage have the same rights. The only difference is that in the second case you will have to prove your relationship with the father. For this purpose, genetic testing was invented long ago.
Registration of relations
Marriage, legal and actual, implies a certain behavior of citizens. The fact is that in the first case you will have to officially register the relationship, for example at the registry office. But in actual cohabitation, no such manipulations are necessary. Marriage registration is handled by the Wedding Palace. Citizens who decide to become husband and wife must:
- Collect a certain package of documents. Usually the passports of the parties are sufficient. If the bride is pregnant, in order to speed up the registration procedure, you can bring a doctor's certificate with you.
- Write a statement. It is filled out at the registry office.
- Pay the marriage registration fee. Today in Russia such an operation will cost 350 rubles.
- Set a date for painting. Usually on this day people celebrate their wedding.
- Wait until the relationship is registered. On the appointed date and time, come to the Wedding Palace, confirm the operation and receive a certificate in the prescribed form.
In fact, everything is much simpler than it seems. However, not everyone can enter into a civil marriage. What restrictions exist in Russia?
Restrictions and prohibitions for registration
There aren't very many of them. Usually, a civil marriage means a mutual decision to conduct a common household in an official manner. The decision should be made by the bride and groom without pressure or threats. Otherwise, registration can be cancelled. Today, actual marriage has no restrictions. But not everyone is allowed to go civilian. It is necessary to remember the following features of registration at the registry office:
- Applicants can only be adults. In some cases (most often when the bride is pregnant), marriage is permitted from the age of 16.
- The decision to paint can only be made independently. This is a mutual decision of the future spouses.
- You cannot marry close relatives. Consanguinity is a barrier to registration.
- Only legally capable persons can participate in the process.
- A wedding in Russia is held between a man and a woman. Same-sex marriage is prohibited in the country.
In principle, any adequate couple who has reached the age of majority can apply to the registry office to formalize the relationship. But people with non-traditional sexual orientation in Russia will have to be content with cohabitation.
Beginning of actual marriage
Now it’s clear how a civil marriage differs from a real one. In fact, everything is not as difficult as it might seem at first glance. How does the actual relationship begin? How is this period characterized? Nothing special. Civil marriage, as already noted, requires citizens to register with the registry office, accompanied by the issuance of a certificate. After this, the couple will be considered official spouses. The actual marriage begins from the moment the parties live together. As soon as people come together and organize common life and leisure, their relationship can be considered valid. No registration or celebration. The same applies to the dissolution of a de facto marriage. People move away and stop running a joint household.
Examples
Now some visual examples. Not everyone is clear about the difference between the concepts mentioned. What is a de facto marriage? Examples from life often demonstrate that this form of relationship is only possible between 100% honest people who love each other. In other cases, you have to obtain security and some kind of government guarantees by registering with the registry office.
So, if a couple meets and lives together (it doesn’t matter with whom, even with the spouse’s parents), then this is a de facto marriage. In this case, the parties themselves agree on how they will conduct their lives. For example, a woman takes on “female” responsibilities - maintaining the house, cooking, and a man takes on “male” responsibilities - repairing, nailing, moving. Each such couple often has their own income. The income of a guy and a girl is considered personal; people pay equal shares for common expenses.
Let's assume that this family has a child together. Such a unit of society lives with the spouse in an apartment or one purchased by him after the start of a relationship with the child’s mother. What will happen in this case during a divorce? Mother and child risk being left on the street. Especially if the woman does not have her own home and job. For example, a man promised to bear all the costs of maintaining the family in exchange for the woman taking care of the house and children exclusively. It is difficult to obtain alimony for a minor - you will have to prove the relationship of the child with the spouse. In fact, during a “divorce,” husbands simply throw their wives out into the street and completely forget about the children.
Now it should be clear what actual marriage is. Examples from life are sometimes different. Let's say a guy and a girl have been dating for a long time and living together. Children are born to them, property is registered primarily in the woman’s name for one reason or another. And then mom falls in love and leaves for another man. The former de facto spouse will be left without property and will have to seek paternity through the court. Accordingly, de facto and civil marriage are two completely different forms of relationships. But, as already mentioned, it is possible to prove in court the conduct of a joint farm. How exactly?
On the recognition of marriage
If you prepare in advance, then recognizing the actual type of marriage will not be difficult. To do this, you will have to prove running a joint farm. Are de facto marriages currently recognized? Yes, but only through the court. The following can be presented as evidence of a relationship:
- recordings of telephone conversations;
- joint photographs;
- correspondence;
- witness statements;
- video materials;
- medical reports (in case of acknowledgment of paternity);
- payment slips confirming joint purchases.
In fact, anything that can indicate a relationship between two people serves as evidence in court. Recognition of the actual marriage takes place. All of the above evidence helps not to recognize the marriage as officially registered, but to indicate the conduct of a joint life, emphasize the presence of shared ownership and kinship with children.
What to choose
Now it is clear what actual marriage is. Its pros and cons are obvious. In addition, its differences from a civil union are also no longer some kind of secret. Some couples don't know what exactly to choose. Which relationship option is most beneficial? Civil marriage with official registration is the union that is preferred. Such a scheme for running a joint household protects spouses as much as possible from deception and injustice. Yes, getting married will be a rather serious step with increased responsibility. But in such relationships there are more pros than cons.
The actual union cannot be crossed out either. This is a normal stage in the development of relationships. The main thing is not to stay in such an alliance for too long. For example, you can submit an application to the registry office, then move in together and live in a de facto union until the official registration. It is this decision that becomes the most logical.
It is noted that long-term residence without a registered relationship in Russia is most often welcomed by men. The stronger half of society considers their cohabitants to be ordinary girls, while women believe that they have the status of wives, but without a stamp in their passport. It is noted that people who live for a long time without painting either live like this all the time, or sooner or later separate. Having a wedding in this situation is not so easy - it is not always possible to prove the need for action.
Results
From now on, it is clear how actual marriage relations differ from those formalized in the registry office. We can say that this arrangement means the freedom of the spouses, the absence of responsibility and any guarantees. Therefore, officially formalized relationships are considered to be a more reliable union. In addition, neither the state nor the church recognize cohabitation. Such relationships are often regarded as fornication and a mockery of the institution of family. However, it is not always possible to register with the registry office. This is especially true for people with non-traditional sexual orientation in Russia. Actual marriage is an intermediate link between the statuses of “boyfriend and girlfriend” and “husband and wife.” A normal stage of a relationship that should not be delayed. Everyone decides for themselves how to live. But a civil marriage gives spouses special rights, duties and responsibilities.
