Registration of civil marriage this is the only opportunity to create not only a family, but also the legal field within which this family exists. Family law regulates the relationship between husband and wife within the framework of a marriage registered with the registry office. You can draw up an agreement that will regulate your relationship within the framework of a civil marriage that is not registered with the registry office, and thus your civil marriage will be registered. And who said that you are stupider than the legislators who developed the family code? The reasons for the inability to register a marriage with the registry office are different and only you know them. If you have any legal problems related to a civil marriage due to the lack of legislation regulating such marriage, it makes sense to contact us. We have the necessary knowledge that can be useful to you.
Remember that a civil marriage raises many questions, including disappointing ones, if you do not prepare for their solution during the period of cohabitation and do not register a civil marriage in accessible ways, namely the questions: how to prove a civil marriage; how to register a civil marriage; how to achieve recognition of a civil marriage; how to draw up a civil marriage agreement; Is it possible to receive an inheritance in a civil marriage? rights of a child in a civil marriage; is it possible to adopt a child in a civil marriage; Is it possible to collect alimony in a civil marriage? How to divide property acquired in a civil marriage?
Civil marriage has always been considered a counterbalance to church marriage, but nevertheless, this type of registration of marriage relations was regulated by the legislation in force in the old years. Now a civil marriage is a counterbalance to a marriage registered with the registry office and is not regulated by any rules of law. This allows people who create a married couple without registering it to be called simple cohabitants, lovers, and other no less offensive nicknames. Apparently, the legislation treats such people as cohabitants living in sin. But... “Dura lex, sed lex” - that’s what the ancients said, and people in civil marriages have no point in complaining about strict or bad laws, and especially about their complete absence, if you prepare in advance for accidents and patterns that arise from nature itself, officially nowhere registered civil marriage.
Registration of a civil marriage is in your hands. You have the right to draw up your own Family Code and, by signing it, introduce it into the highest law for your married couple, which regulates your relationship. Registration of a civil marriage is necessary so that it has legal significance no less than a marriage registered with the registry office, but at the same time essentially remains civil. This is achieved by signing a civil contract, as well as related legally significant actions - for example, a will. By securing the specified agreement and will, you will protect yourself in the event of the death of your common-law spouse (after all, it is not a fact that his relatives were closer to him than you) or in the event of termination of civil-marital relations and separation.
A little about the meaning of the term “civil marriage”
Of course, here we are not talking about the officially accepted definition of this concept, since it simply does not exist in our country, but about the public understanding of its meaning.
But what does civil marriage mean from a legal point of view? The union of a man and a woman, registered with government agencies, but not registered by the church (the wedding ceremony has not been completed) is also usually called civil or secular. In essence, this is an ordinary marriage between a man and a woman. But a marriage without legal registration is usually called de facto or the term “cohabitation” is used.
Officiality of civil marriage
Since the first concept of civil marriage is the most common, let us consider this phenomenon from the generally accepted side. It is important to note that such a marriage is not illegal due to the lack of registration of the union, and the persons in it have all the rights and obligations provided by law.
But even today in modern society, such a form as “civil marriage” can be perceived negatively, as a rule, due to the conservative views of the older generation.
It is important to understand that although the legislation does not prohibit its citizens from creating families without going through the official registration process, at the same time, certain issues related, for example, to the division of property or establishing paternity, are not sufficiently regulated.
What does the Civil Code of the Russian Federation say?
The wording “civil marriage” actually has nothing to do with civil law.
It is understood as an actual union (cohabitation, running a joint household) of two people, without official registration. The term itself has historical roots. Marriage in Rus' was traditionally carried out by church officials. The ritual was called a wedding. During the period of separation of church and state, official registration of family unions began to be carried out by secular bodies. However, society did not immediately accept the innovation. And civil marriage was considered “unreal”, since it was concluded before a person, and not before God.
In modern times, a religious union has no legal force, and the very concept of “civil marriage” in common parlance continues to carry the image of an unofficial one.
To avoid confusion in wording, in what follows in the text, the phrase “civil marriage” refers to cohabitation. Let's consider what features actual marriage relationships without legal registration have.
Advantages and disadvantages
What does civil marriage mean? It's no secret that for some people, entering into an official marriage is less profitable than living in a civil marriage. This issue must be considered from two sides - moral and legal.
From a moral point of view, people do not feel constrained by family boundaries, and the end of such relationships does not lead to endless disputes and lawsuits. However, the legal component of the issue is quite shaky and contains many unresolved nuances.
In practice, as a rule, the breakdown of a civil marriage leads to the fact that one of the spouses is unable to protect their interests and is left with nothing. Thus, such a marriage is beneficial to wealthier people, because if it is terminated, they have every right to take back their part of the property without litigation.
It should be noted that the concept of “civil marriage” does not provide for the requirement that spouses fulfill family obligations enshrined in the Family Code of the Russian Federation.
There are some restrictions on inheritance. For persons registered in an official marriage, the solution is quite simple and clear - the widower or widow, along with their children and parents, are in the first line of inheritance. In a civil marriage, a spouse will only be able to receive part of the property if he or she is specified in the will. Only then will the right to inheritance arise.
One of the significant disadvantages in such relationships may be problems with obtaining a loan, mortgage and other documentation.
What rights does a common-law wife have after the death of her husband?
Among lawyers, the concept of “civil marriage” is practically not used, but refers exclusively to actual existing marital relations. In the absence of registration of the relationship with the registry office, the cohabitant has absolutely no rights to property from the inheritance mass.
The situation looks completely different when a deceased man makes a will. Under such conditions, the former common-law wife can fully claim the inheritance. Only the question of determining the share in the inheritance remains unresolved, and the interpretation of the answer depends, as a rule, on a large number of circumstances and nuances of a particular case.
Some civil marriages last for decades, during which the spouses manage to accumulate a wide variety of property - from expensive real estate to small household appliances. In such cases, legal specialists will have a long time to understand the intricacies of each specific case, namely, what belonged to whom, whether there are still claimants to the inheritance, and so on.
In a certain situation, taking into account actual circumstances, a former common-law wife may receive almost all of the property of her deceased lover, or may be left with nothing. In this case, all property registered in her name will partially or fully belong to her.
If there is a special agreement on the division of property between the cohabitants, certified by a notary, the widow can claim everything that is recorded in such a document. The common-law spouse indicated in the will, in terms of the scope of her rights to inheritance, is equal to the queue in which there are other heirs.
Minus or plus?
Often, when answering the question of what a civil marriage means, you can get the answer - it is a marriage without guarantees. On the one hand, everything is true - such a marriage really does not bind its participants with legal obligations. But on the other hand, can we firmly say that a registered marriage provides any guarantees? People who are in a registered marriage sometimes simply do not want to burden themselves with a divorce, or they are bound by a child or other obligations (mortgage, loan). Therefore, such couples try to return already cooled feelings, sometimes without knowing why. Dubious guarantees. Perhaps this “minus” lies the biggest advantage of a civil marriage.
Also, speaking about this type of relationship, one cannot help but touch upon the moral side of the issue. From a conservative point of view, civil marriage is immoral, and the couple must legalize their relationship. But if you think about it, many couples get divorced only because they could not get along together. Then it is quite logical to first try to live together and only after that think about legitimizing the relationship.
Proof of civil marriage
Persons in a civil marriage may need to prove the fact of cohabitation in such a marriage (for example, in the course of resolving disputes about the division of property in court) due to the lack of stamps in their passports. Evidence of such a marriage may be:
- witness confirmation of the fact of civil marriage;
- presentation of the child’s birth certificate, in which the man (common-law husband) is indicated as the child’s father;
- material evidence (joint videos, photos, letters, receipts for joint purchases, rental agreements and other materials).
Property upon the breakdown of a civil marriage
Many people are interested in the question: “Will jointly acquired property be considered common and according to what rules will the division of property in a civil marriage occur during its dissolution?” Article 34 of the Family Code of the Russian Federation states that property acquired by spouses during marriage is their joint property, but the Supreme Court advises looking for the answer to this question in the Civil Code of the Russian Federation. Thus, property acquired in a civil marriage is joint or common shared property (that is, depending on the nature of the persons’ participation in its acquisition). If the share of each spouse in a certain property is known, then such property will be divided between them according to the rule of common shared ownership. This means that the spouse will receive the part of the property that he contributed to acquire it. In practice, the parties may not agree on the size of their share. Then the property will be divided between them according to the rule of common joint ownership (that is, in half).
Common-law husband and wife: responsibility for the union
If a couple chooses an unregistered marriage, it is necessary to competently protect their rights. Otherwise, both the spouses themselves and their joint children may find themselves in a difficult situation. If a man and woman decide to live as one family, run a common household and raise children, for mutual protection the following must be done:
- Settle one's affairs. This step will protect the second spouse from attacks by other relatives on jointly acquired property.
- When applying for a loan for general purposes, the amount must be divided in half. Each debtor is responsible for his own payments.
- Establishing paternity. A man's acceptance of responsibility for his child characterizes the partner positively and protects the rights of the minor.
- In the case of a joint purchase of property (real estate, car), it is necessary to register the acquisition as shared ownership. For example, based on the amount of money contributed by each partner.
Such measures to protect the mutual rights of the couple will not require large financial investments and time. In this case, the refusal of one of the partners will clearly indicate the frivolity of his intentions.
The appearance of a child in a civil marriage
In the Russian Federation, children born in an unofficial (unregistered) marriage are endowed with the same rights as children born in an official marriage. There is only one serious difference - the absence of a presumption of paternity, recognition of which can take two forms:
- voluntary - the common-law husband voluntarily submits an application to the registry office to establish paternity;
- judicial (forced) - if the common-law husband denies his paternity, then interested parties (common-law wife, guardian, grandmother or other relatives) can submit an application to the court for recognition of paternity.
As a rule, a person who does not recognize his paternity pursues such a goal as evading the payment of alimony in a civil marriage. In this case, the court orders a forensic genetic examination, which is often simply unaffordable for the interested parties. It should be noted that if paternity is established, alimony is paid in accordance with the generally established procedure.
Other Features
When performing legally significant actions while in a civil marriage, it is important to remember responsibility and be careful. To protect your rights, you must:
- draw up all sales contracts for two people, because the division of property in a civil marriage in the event of its termination is carried out on the basis of the rule on common shared ownership (as stated above);
- remember that a common-law husband and wife are exempt from the duties specified in the Family Code of the Russian Federation;
- if the need arises to protect their own interests, spouses can go to court;
- know that concluding a marriage contract for persons in a civil marriage is impossible, but no one prohibits concluding agreements on making payments, rules for the use of personal property, and the like.
Material aspect (property)
The legislation of the Russian Federation does not provide for mutual rights and obligations for persons in an unregistered marriage. Therefore, civil law provisions apply to cohabitants.
Legal marriage fully protects the property regime of the spouses. It does not matter whether each of them works or not, or whether he has personal property or income. Everything that was acquired after the registration of the union is considered common and belongs to the husband and wife 50/50. Exceptions are families that have entered into a marriage contract.
Cohabitants have no rights to each other's property, they do not have mutual financial rights and obligations. All instruments for protecting the property interests of spouses are not available to partners, for example, alimony, inheritance and others.
Important! In order for a cohabitant to have a legal right to the inheritance of a deceased partner, it is necessary to prove the fact that he was a dependent of the deceased.
Summarizing
So, what does a civil marriage mean and what conditions allow individuals to be considered a common-law husband and wife:
- Lack of a completed marriage certificate.
- Living together “under one roof”.
- Running a joint farm.
- And, of course, the presence of a romantic relationship.
Today, in our and other countries, young people are increasingly practicing a civil form of marriage. A couple living in the same apartment and not having stamps in their passports will not surprise anyone. People decide for themselves whether to live in a civil marriage or enter into a legal marriage, but if they choose the first option, it is better to immediately discuss with their common-law husband or wife all the aspects of this type of relationship not regulated by law.
Who is this common-law wife?
A common-law wife performs the same duties as an officially registered one. A ring on your finger and a stamp in your passport are a formality. But sometimes you want this formality to be remembered for many years, like a well-celebrated wedding!
A common-law wife is a woman living in a civil marriage, and a civil marriage is not a marriage officially registered in the registry office! Let us remember that the registry office stands for civil status record. So a woman who considers herself a common-law wife is not really one, most likely she is just a cohabitant.
In Russia, and in the world as a whole, cohabitation, or as it is now fashionable to call it “civil marriage,” is a very fashionable and widespread phenomenon. Many couples often “cohabit” for many years before they decide to go to the registry office. But, according to the common-law wives themselves, before the registry office they feel not like wives, but more like friends.
Although their “husbands” call them their wife, they expect children from them.
A common-law wife runs the same common household and has the same common expenses with her common-law husband - like all people. Only there is no stamp in the passport, and their social status remains free from any obligations, restrictions and material claims.
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The common-law wife has the same routine, life and the same problems. Only much more insidious and ruthless. Because both are not insured from anything, not protected and completely free. At any moment her partner could leave her and start all over again with someone else.
And the common-law wife just can’t find peace, she “sits on her suitcases,” and at any moment she can be kicked out in the ass with her knee, and remember what her name was. On the one hand - wonderful! But on the other hand, it corrupts terribly, making marriage a copy of an easily accessible, unburdensome and irresponsible relationship.
There are so many examples around: they lived together for two years, but broke up, lived together for 5 years, gave birth to a child and broke up again, etc. etc. There are thousands of such examples in Russia alone - there was a friendly real family, but alas!
This resembles the game of our sophisticated mind, which is accustomed to giving logical explanations to everything and clarifying situations.
If for us life is a game, then we must build it according to certain rules: put a stamp - the characters don’t get along - court - divorced - new stamp - new court - next divorce! And so on ad infinitum..
Or in another way: one common-law spouse - didn’t like it - left - another (even more scathing) - left again. As in “Gentlemen of Fortune” remember: “stole - drank - went to prison - stole - drank - to prison. Romance!"
But this path most often leads a common-law wife to a “moral dead end”! Years pass forever, but there is no family as such!
Live-in partner or wife: who do they really think you are?
Sometimes people, before entering into a real marriage, prefer to simply live together for a long time. And a woman often wonders who others consider her to be: just a cohabitant or still a wife?
If a man and woman are not registered in the registry office, do not have a marriage certificate and a stamp in their passport, then they are called cohabitants. At the same time, they may well have common income and expenses, common property and even common children, but in no case are they spouses.
On the one hand, cohabitation can be much better than marriage, but on the other, the state does not protect the relationships and rights of such couples. And the woman herself is rarely satisfied with the status of a cohabitant and is not always able to understand who others see her as.
So who is a cohabitant - a real wife without a stamp in her passport or just a woman who provides a man with everything he needs without obligations?
In the eyes of a man
A man who is simply in a relationship with a woman most often considers himself a relatively free person. He will call himself married only when a wedding ring appears on his finger.
Until then, he understands that there is a woman nearby with whom he is comfortable, but this relationship is most often not serious enough for him, even if he has been living with the woman for many years and they have children together. If a man is sure that he is ready to live with a woman all his life, he asks her to marry.
If such an offer has not yet been received, it means that he is still in search of the one and only one. And it doesn’t matter that there is already another woman nearby.
Cohabitation for men is most often equal to symbiosis - two people like each other, help each other, which means everyone is happy with everything, and there is nothing wrong with that. And as long as he is washed, fed, shod and dressed, it is very convenient for him to be in search of a woman who will become for him not just a cohabitant, but a beloved wife.
In the eyes of other women
Most often, no one wants to become the mistress of a married man. After all, such relationships have no chance of success; almost always a man chooses his legal wife, not his mistress. But if a woman has her eyes on a man who is simply cohabiting with a woman, nothing stops her.
In such a situation, the homewrecker does not consider the cohabitant to be an obstacle to achieving her goal. After all, a cohabitant is not connected to her loved one like a wife, which means she can “move” at any time. Therefore, if you just live with a man and don’t want to lose him, look at single ladies with caution.
You don't have much of a chance of winning the battle for your man.
In the eyes of the state
In the eyes of the state, you are not married, which means you are just two people who, for one reason or another, live together. So it turns out that you are not protected in any way in case of an unpleasant situation.
If you bought an apartment together with your beloved man, then it is not considered jointly acquired property. This means that if it is listed as the property of your chosen one, even if the lion’s share of the money came from your pocket, not a single court will be resolved in your favor in the event of separation.
Another example: your man died unexpectedly without leaving a will. In such a situation, you will in no way be an heir, because according to the papers you are a stranger to him. The same applies to your children together.
If at birth your man did not bother to prove his paternity, in an unpleasant situation they will be legally strangers to him.
