What is a civil marriage according to the family code and among the people. How is a civil marriage different from cohabitation? Is a civil marriage registered or not?

Cohabitation creates an incorrect attitude towards the institution of family and marriage; people treat marriage with such ease that at the first difficult life situation or quarrel they tend to end the relationship and enter into a new one. Is it worth talking about how a child suffers in a civil marriage of irresponsible parents?

A huge number of heterosexual couples are in “civil” relationships, about half of all existing ones.

The main disadvantage of this trend is that cohabitation has all the characteristics of an ordinary family, but its participants will not be able to protect their rights in unforeseen situations and defend their point of view in court. In other words, a civil marriage does not protect a woman and children from the possibility of being left without a livelihood.

According to family law, children born in an official marriage are automatically recognized as relatives of their parents, who are registered in. In this way, a relationship between the child and his parents is acquired, all participants in family and parental legal relations are endowed with certain rights and responsibilities in relation to each other, which, if necessary, can be defended in court.

However, a different procedure for legitimizing the relationship between a child and his biological father applies to cohabitation.

When the baby is born, the mother is automatically recognized by the maternity hospital, and the father is identified by his own will with the help of.

If, on a voluntary basis, the biological father did not decide to record his name in the act of civil registration of the birth of his son or daughter, a statement of claim from the other party (common-law wife) to the court can resolve the conflict.

During the judicial review of the case, a test is assigned, which allows one to establish the origin of the baby and identify the similarities of the genome.

An irresponsible cohabitant may evade an examination, although the court does not have the right to force him to undergo an examination. But the judge can, if there is other significant evidence.

Alimony in a civil marriage can be between the parties and paid according to it throughout the entire period of the child’s growing up.

Property

In a civil marriage, property disputes are resolved extremely difficult and, often, in no one’s favor.

From a legislative point of view, the participants in such a union are two people who are completely unrelated to each other, between whom there are no mutual obligations and, accordingly, it is impossible to hold one of them accountable for transactions made during cohabitation.

In property disputes, there is only one argument for the court - this is the name of the person in whose name the property is registered: movable or immovable. So, when a civil marriage is dissolved (simply put, separation), each “spouse” takes “what is his” and goes home.

The situation is more complicated when all the property is registered in the name of one person, but was purchased at the expense of both or another member of the union. It will not be possible to prove this fact to the court; all material benefits will go to the legal (formal) owner. Division of property in a civil marriage is not

Credit and mortgage

If in an unregistered union an attempt was made to take out a loan (mortgage loan) for any needs, then the second “spouse” will not be able to claim part of the shared property in the event of separation from his beloved. This is explained by the fact that loan obligations and rights do not apply to third parties who are not relatives of the lender.

In the event of financial difficulties and delays in payments, collection of funds will occur from all property located in the living space of the “spouses”, and it does not matter who purchased it. The division of property in a civil marriage will depend on who it was registered in the name of at the time of purchase.

In the case of the sale of property, the consent of the second cohabitant will not be required, thus, this fact may be in the personal interests of the spouse.

The owner of the property can mortgage it or sell it without even asking the second participant in the union, but in this case no one’s rights will be violated, because they did not exist in the first place.

Inheritance

Only the official spouse and children born in an official marriage have the right to inheritance. This provision can immediately debunk all myths regarding whether a common-law spouse will receive his share of the inheritance in the event of the death of the second.

The de facto spouse can receive part of the payments after the death of the cohabitant only if he proves in court his complete incapacity for work, the fact of living with the deceased and complete financial dependence on him (1148 Civil Code of the Russian Federation).

Otherwise, the right of the first (and subsequent) line of inheritance is not granted to common-law spouses.

Consequences

In unregistered relationships between young people, there is always the possibility of separation or death of one of the cohabitants. If the relationship has lasted a long time, as a rule, the cohabitants have already acquired children, common property, and other material assets. In a situation where you have to share all your joint property, the judicial practice of dividing property in a civil marriage comes to the rescue.

It is extremely difficult to defend your rights and obligations in a civil marriage, since you will have to confirm the completion of property transactions with bank checks or testimony, the origin of the children - by undergoing a DNA examination, etc.

It is difficult to divide property in equal parts, but the court provides the opportunity to collect all the necessary evidence.

Only relatives of the deceased have the right of first priority to inheritance, therefore cohabitants are deprived of this privilege.

Conclusion

So, we looked at the concept of civil marriage and cohabitation, and this is the difference between these terms. It became clear that most people simply substitute concepts and do not think about the legal accuracy of the explanations.

Based on the above, it can be assumed that the practice of cohabitation in an unregistered marriage is extremely ineffective and unprofitable for both “spouses”. In the event of quarrels and troubles or an accident, one of the cohabitants can leave the other with nothing and end the relationship without prosecution, since initially no obligations were imposed on him.

Children suffer no less than adults when they separate from their parents, are unable to receive financial assistance from their father, etc.

Historically and legally, at the moment, a civil marriage is considered to be a family relationship of a heterosexual couple registered in the registry office, but without religious certificates. It is this formulation that is used in legal, legal and other recorded aspects. However, there is a difference in understanding between the legal definition and the popular, everyday understanding. Over time, the meaning of the concept was changed and, starting from post-Soviet times, became synonymous with cohabitation. Many sources reflect precisely this interpretation, implying the absence of not only church, but also state registration of relations.

More than eighty percent of our contemporaries surveyed under the age of thirty choose civil marriage; a couple of decades ago this figure was no higher than fifty percent. Moreover, apart from the state stamp, the very form of building relations does not differ in any way from the officially and church-registered one. The couple runs a household together, lives together, has common savings or debts, has children, and visits relatives on weekends. Such relations, like official ones, are regulated by current legislation and relevant articles. In some moments they simplify life, in others they complicate it - like any situation, the issue of registering relationships has two sides.

Such relationships are quite convenient for many, since they provide a lot of freedom and a minimal amount of externally regulated responsibility. In addition to the legislative aspects, there are also advantages of a civil marriage in a person’s psychological sense of self. It is used as an alternative by those who are disillusioned with classic marriage, as well as by those who are comfortable living together for a certain period of time. Often such cohabitation occurs among students studying in other cities and then returning back or among divorced people.

Pros and cons of civil marriage

The popularity of civil marriage is not surprising, since this form of relationship gives a greater sense of freedom, does not feed stereotypes that have long outlived their usefulness, but, on the contrary, opens the way for experimentation. At the same time, not all such choices are dictated by personal desire; some are forced to agree to this type of interaction, while enduring dissatisfaction.

The advantages of civil marriage, as well as its disadvantages, are vigorously discussed by supporters and opponents, and in order to make your decision, you need to understand the concept. One of the points that testifies in favor of this kind of relationship is the possibility of testing or a kind of rehearsal.

Without registering a relationship, without making eternal vows, people can test themselves for readiness to live together and their partner for compliance with their own ideas and wishes, understand how compatible they are in everyday life and ways of realizing their potential. This is an opportunity to finally take a closer look and see with whom you are going to build your future life.

Such opportunities are absent during the period of courtship, because it is easy to hide shortcomings due to not being around for long. When a person is nearby for most of the day and manifests himself in everyday life, many negative qualities come to light. That is, such a trial version allows you to protect yourself from an early divorce, when everyday life kills all romance.

Here there is no need to please your partner’s relatives; moreover, you don’t have to communicate or get to know them at all. This also includes fulfilling all the roles imposed by society - housewife, jack of all trades, smiling daughter-in-law, helping son-in-law. You can continue to live your life, buying processed food at the supermarket and forgetting about your partner's mother's birthday. You can do something solely out of your own desire, and at the same time you will not be reproached, and your significant other will not be told at every meeting that you need to divorce you.

The greatest advantage is the feeling that these relationships are based on mutual feelings, love, affection, and not obligations and loss of material security. When any person can leave, without obstacles from the outside world, the other feels needed and important. Romantics and people who value each other choose freedom in relationships with care for their partner, providing him with daily choice and the opportunity to both leave and stay, without resorting to blackmail tricks. This option is optimal for those who care about a person and his feelings, and not for those who strive to maintain the appearance of a family, having lovers and not saying hello to their spouse.

Divorced people or those who have passed a certain age, disillusioned with official relationships or trust in others in general, choose this type of relationship. This makes it possible not to correct two established personalities; each continues to live in relation to the life concept that has been formed over the years. In addition, rich life experience (usually negative) forces you to stay away from eternal vows and any bonding of relationships. If you choose quality communication with mature, self-sufficient individuals, then no registration is an excellent option.

The disadvantages of a civil marriage lie mainly in the provocation of infidelity by the type of relationship itself. The ease of leaving and the absence of fixed obligations makes you consider other people as potential partners, accept signs of attention, etc.

Entering into such relationships for the purpose of trying, people do not strive to maintain them, and any complaints are always answered with the answer about the absence of obligations and obligations.

Often such relationships end due to increased emotionality, when people break up in an impulse, and then cannot start communication, continuing to be bored. In a registered marriage, having gone through all the legal stages, the couple has the necessary opportunity to meet several more times and discuss the situation, but without heightened emotions and, after weighing all the arguments, change their minds and find another way out.

You can easily leave the relationship, but your partner can do the same. In general, for those who like to control, manipulate and build unequal interactions, civil marriage is one big drawback. Also, the disadvantages of a civil marriage are significant for those who are susceptible to public opinion, since the older generation will definitely condemn this type of relationship, and the woman’s family will vote for the official registration.

From a legal point of view, after a long unregistered residence, many problems arise, from proving the fact of residence to determining joint savings. Moreover, the property is not divided equally, that is, if you did not work (although you maintained a house, helped your partner with the main work, and raised children), then you will not get anything. No less difficulties arise during separation if children were born in an unregistered relationship. In order for the situation to be resolved favorably, only the conscientiousness of both members of the couple will be required, otherwise it will be necessary to prove paternity, forcibly and in a lengthy manner to obtain permission to meet with the child, and many other nuances that are resolved in court.

What is civil marriage and cohabitation?

In everyday life, civil marriage is considered synonymous with cohabitation, but these concepts still have differences, and when it comes to dissolution of the union, these differences are very significant. From a legal point of view, only the civil type of marriage is considered. It does not matter to the state whether the act of registering the relationship was supported by various religious marriage ceremonies. People who got married exclusively in the church can be spouses according to their inner feeling and within the religious concept that they adhere to, but for the state they are strangers and are considered cohabitants.

Cohabitation involves a heterosexual couple living together without formalizing the relationship. There are no burdensome obligations, but there is no legal or legal security.

If a civil marriage, the relationships within it, the rights and obligations of the spouses are clearly stated in the legislation, then for cohabitation such norms are rather conditional. The process of dissolving a relationship in a civil marriage seems more complicated, since it requires official certification, while in a cohabiting relationship it is enough to just pack your things and leave. In fact, the situation may turn out the other way around and with long-term cohabitation, one of the participants in the relationship remains financially unprotected, many difficulties arise with the registration of children and the procedure for interacting with them.

So, by definition, the children remain with the mother, and the father, without her consent, will have to prove his paternity through the court and, through legal proceedings, seek meetings with the children if the mother is initially against it. That is, the presence of a formal procedure can affect life not only during separation. For example, only family members are allowed into hospital intensive care wards, which means that if you are cohabiting, you will not be able to visit your partner. This also includes inheritance issues, because cohabitants do not receive anything, even if the relationship has been in a relationship for sixty years.

Misconceptions about civil marriage

The first misconception about civil marriage was discussed above and lies in the merging of this concept with cohabitation. It is on the basis of the substitution of terminology that other ambiguities arise.

So many people perceive this form of relationship as disrespect or a consumerist attitude towards the girl, because she has no protection or guarantee left. It is clear that we are talking about cohabitation here, but a religious aspect is also possible. For believing families, it is more important to fix the relationship in a religious sense, and everything else is secondary; without the blessing of the church, living together can be considered fornication and sin. In fact, these issues should be resolved personally by the spouses, and not by relatives or ministers of religion.

The next most common mistake is that civil marriage is short-lived. There is no data to support such an idea. The duration of a relationship depends on the feelings of people, and it can last decades or weeks, regardless of the form and official registration. There is also an opinion that civil marriage is somewhat falsified and lacks sincere strong feelings. people are different and many choose this form of relationship precisely out of deep love and a desire not to bind their partner.

The misconception that in the event of a breakup, all property is taken away from a woman, and a man is deprived of paternity, was born from a misunderstanding of legal subtleties. In fact, there are rules governing the division of material property in any cohabitation, as well as laws establishing the procedure for payments and communication with the child, regardless of the registration of the parents’ relationship.

The main myth regarding any relationship is that there is a correct or ideal form of building a relationship. The truth is that everyone has their own personal style of interaction and speed of opening up to their partner. Some need control, while others need freedom, some understand that they have found their person and on the second day of meeting they go to the registry office, others decide to formalize their relationship after twenty years, having children together.

No one will give guarantees that the passion will remain or that the spouse will not cheat, and even more so no one will promise one hundred percent happiness, therefore any statements (except legally designated) regarding civil marriage are only the personal position of the author, and not the truth.

In modern society, registering a marriage is not considered a necessary condition for starting a family. Many people live under the same roof for a long time and believe that the very fact of living together is the basis for recognizing their relationship as legal. This opinion is wrong. Let's define civil marriage and figure out what the correct name for a legal union is.

The concept of civil marriage and cohabitation from the point of view of law

Recently, the concept of “civil marriage” has been applied to the union of two people who have not registered their relationship with official bodies. This definition was first encountered in the 19th century, when the authorities recognized only relationships concluded according to church canons. Living together without a wedding ceremony was called a civil marriage.

Some lawyers now use the concept of civil marriage to refer to an informal union of two persons. From the point of view of the law of the Russian Federation, in this case the expression “civil marriage” has the same meaning as cohabitation.

However, cohabitation has a broader definition. This term refers to the cohabitation of two or more persons in the same living space. At the same time, people do not like to be called cohabitants, so they prefer to use the concept of “informal or civil union.”

Definition of legal marriage according to the Family Code of the Russian Federation

Cohabitation is called de facto marriage. In reality, none of these definitions refer to officially recognized relationships. According to the Family Code of the Russian Federation, only marriages that are concluded in the registry office are recognized. There are no other forms of marriage for the law.

In everyday life, a registered relationship is defined as a legal or official marriage. For the convenience of readers, we will use in this article terminology familiar to ordinary citizens. That is, a registered union is an official or legal marriage, cohabitation is a civil or de facto marriage.

Difference between de facto and legal marriage

Since actual marriage is not recognized by law, the legal relations of the couple are regulated not by the Family Code, but by the Civil Code. In this regard, citizens face difficulties when resolving various issues. Let's consider the difference between a legal union and an illegal one in terms of aspects of family life.

Birth of a child

According to the legislation of the Russian Federation, a child born in an unofficial marriage has the same rights as children born to a registered couple. However, there are a number of nuances that his parents should take into account.

When a child is born in a civil marriage, the law defines the mother as the only parent. To register the father of a child, a special form has been introduced, which requires the presence of both parents at the registry office. The father writes a paternity statement. If he does not do this, then the mother will have the status of a single mother. According to Article 48 of the Family Code of the Russian Federation, the fact of paternity is proven through the court.

According to the Code, the court will accept any evidence of paternity, but genetic testing is carried out with the consent of the father. A man can also sue to recognize parental rights to a child. To conduct the examination, it will be necessary to obtain the consent of the mother or child upon reaching 18 years of age.

In the case of a registered relationship, the mother registers the child with her husband without the parent’s application. If a civil marriage breaks down, the child’s place of residence is determined by agreement. If agreement cannot be reached, the decision is made by the court. In this case, the same rules of Family Law apply as in the case of a divorce of an official couple.

The registration of child support in the event of a break in a de facto marriage also differs. This is possible only after the court recognizes the fact of paternity. If the parents were in an official relationship, this procedure is easier.

Property issues

The property rights of spouses without a stamp in their passport are not protected by the Family Code. Proving the fact of jointly acquired property is possible only through the court. In this case, the relations of the spouses will be regulated on the basis of the Civil Code.

All common property of civil spouses is divided according to contractual relations. If a home or car was purchased during a de facto marriage, but is registered in the name of one spouse, it legally belongs only to him. It will be difficult to prove the fact that another family member participated in the purchase.

When making property transactions, unregistered spouses should register shared ownership. As you know, the official spouse can only complete transactions for the sale of housing with the consent of the other half. In the case of civil relations, property is taken away without the consent of another family member.

In practice, it is difficult to prove the fact of common ownership. We need evidence of joint purchases and common life. In this case, the property is not divided in half, but according to the contribution of each spouse. Sometimes court proceedings on the division of marital property last for years. To prove shared ownership in court you must present:

• checks and receipts for purchases;
• correspondence on paper or electronic media, which confirms the share acquisition by the defendant himself;
• testimony from neighbors, friends or relatives.

Thus, the difference between the property relations of actual and legal spouses is enormous. The insecurity of the former is one of the reasons that forces people to consolidate their relationships in the registry office.

Debentures

Responsibility for paying off debts in an official marriage lies equally with both spouses. When collecting a debt that was taken out before marriage, the property of the spouse acquired before marriage and half of the joint property are subject to confiscation. In a civil union, all property located on the debtor’s living space is confiscated to pay off the debt.

This means that the common-law spouse may lose all common valuables and personal belongings, the right to ownership of which he cannot prove. An unregistered marriage does not provide for joint debt payments. If, for example, a mortgage was taken out during cohabitation, the spouse for whom it was issued is obligated to pay it.

Right of inheritance

According to Russian legislation, after the death of one of the registered spouses in the absence of a will, the second spouse, children and parents have the right of inheritance in equal shares. In the case of civil relations, you can inherit property only if there is a will. However, even in this situation, part of the values ​​will be distributed between minor children and disabled parents of the deceased.

Children who were born in a de facto union and whose paternity has not been confirmed do not have the right to inherit. The right of inheritance of such children and spouses will need to be proven in court, and this is extremely difficult to do. If there is a joint child, it is usually easier to prove the right of inheritance.

All the pros and cons of an unofficial union

Young people who live in an unregistered union explain their reluctance to go to the registry office with progressive views. In practice, refusal to legally confirm a marriage is explained by fear of a serious relationship. As a rule, women in civil marriages consider themselves wives, and men consider themselves bachelors.

There are arguments in favor of an unregistered union. Elderly people sometimes find a new spouse after the death of their spouse. However, children from the first unions are against registering their marriage. For such people, actual marriage is an opportunity to create a new family without conflicts with their relatives. The advantages of an informal union include:

• quick divorce in case of a new relationship;
• the opportunity to test feelings in everyday life;
• accumulation of material assets before the official consolidation of marriage;
• no need to divide property purchased with the personal savings of one of the spouses.

There are many more facts against informal relationships. First of all, this concerns the legal vulnerability of citizens. There is also a moral side to such relationships.

People of the older generation often come into conflict with their children because they cannot understand their reluctance to put a stamp in their passport. Negative aspects of civil marriage include:

• features of registration of joint children;
• misunderstandings on the part of official organizations;
• impossibility of concluding a marriage contract;
• difficulties of inheritance and division of property;
• lack of the right not to testify in court against a spouse;
• According to the law, a civil marriage cannot be recognized by the court without registration in the registry office.

You cannot prohibit a person from refusing to formalize a relationship. People live happily in unregistered marriages for many years. However, sometimes situations arise when a frivolous attitude towards an alliance becomes a problem. The reluctance of one of the spouses to register the union in the registry office may mean that he does not want to build a long relationship with his partner.

Recently, one can increasingly hear such concepts as “civil marriage”, “cohabitation” or “actual spouses”. Usually young couples call their relationship this way when they live together without formal marriage. And the concept of “civil marriage” is interpreted as they wish. So what is a “civil marriage”? Cohabitation without official registration or, perhaps, a registered marriage without consecration by the church?

How do people understand the concept of civil marriage?

In recent years, people are less and less likely to want to formalize their marriage at the registry office before they have lived and are convinced that they really suit each other. Therefore, by civil marriage, people mean the definition of a permanent relationship between people when they run a household together without a stamp in the passport on page 14 in the “marital status” column.

Often, young people prefer this type of relationship due to the fact that it is simply convenient for them to live with their lover while studying at a higher institution or, for example, during an internship.

What is a civil marriage really?

In fact, “civil marriage” means a marriage officially registered in the registry office, but not having undergone a wedding ceremony in a church. And the type of relationship in which they are not registered with the registry office is an actual marriage or cohabitation, and not a civil one.

The very definition of “civil marriage” appeared a long time ago, back in the days when marriage was formalized exclusively according to church rules, that is, before 1917. At that time, only a marriage concluded in a church was legal, and it was impossible to dissolve it. Later, when the church separated from state power, and legislation began to fully regulate the relationship between spouses, it became possible to enter into a civil union in the relevant bodies. And when people at that time lived together without performing a wedding ceremony, but only by signing, they called such a marriage civil.

It is worth recalling that the so-called civil marriage has no legal force and certainly does not give you any rights to the division of property after its dissolution.

Civil marriage from a legal point of view

From the point of view of the law, legal consequences are associated exclusively with relations officially registered with the registry office. In other words, a marriage with state registration is called civil. And other types of marriage, with the exception of civil marriage, cannot exist.

Concepts such as “actual marriage” or “actual spouses” are also incorrect from a legal point of view. After all, a marriage cannot be officially unregistered, which means you cannot call a “spouse” a person with whom you are not married.

Why do people choose cohabitation over marriage?

At the moment, the popularity of officially registered relationships is falling more and more every year. People live together, run a joint household, have offspring, call it a civil marriage, but they still don’t put a stamp in their passport for various reasons.

According to statistics, in the Russian Federation currently only one out of three couples officially consummate their relationship, and in European countries it is even worse - one out of four.

What is it about cohabitation that attracts people so much? From a legal point of view, during cohabitation, spouses officially remain strangers to each other, no matter how long they live together. However, the advantages of this type of relationship can still be identified:

• For young couples who have not had time to see life, this is a great way to avoid serious life mistakes, so to speak, to conduct a rehearsal before concluding an official relationship. This gives young people time to get used to each other and check the compatibility of their interests and way of life.
• This type of relationship allows people to feel a certain freedom. Couples who are cohabiting do not need to try to adhere to tired stereotypes: a woman does not need to become a housewife standing at the stove, and a man does not have to become the main, if not the only, source of income in the family. In addition, you don’t have to “go out of your way” to please and constantly maintain communication with the entire crowd of relatives of your “half”.
• For couples in adulthood who have already tried family life and become disappointed in it, this is a way to protect themselves from risks and not rush to fall into the same “trap.” Moreover, such couples especially value freedom in relationships.

What are the disadvantages of cohabitation?

But, despite the advantages listed above, an unofficial union also has its disadvantages:

1. As surveys have shown, male and female representatives interpret this type of relationship differently. Most of the ladies surveyed said that they consider themselves married, despite the lack of a stamp, while men still consider themselves single and not obligated to anyone, even though they live for a long time with their “other half.”
2. If you have a child outside of the relationship registered in the registry office, you will have to carry out the procedure for establishing paternity. If the spouses were registered with the civil registry office, then the child would automatically receive the father’s surname at birth, and the husband and wife would immediately be recognized as parents.
3. When cohabiting, a man can find himself in an unpleasant situation: after the relationship has ended with the child’s mother, many problems may arise with proving that he is the father. Since DNA testing is necessary to establish paternity, and until the child reaches the age of 18, it is carried out exclusively with the consent of his mother. A woman may not recognize him as the baby’s father and may even forbid him to see him.
4. All property and real estate will go only to the person who acquired it. If a woman sat and did not work all this time, then she will not be able to get anything from her ex-husband.
5. In case of illness, it will not be possible to claim alimony from the unofficial spouse.

Now that you have learned what a civil marriage is, all its pros and cons, the choice is yours. Only you can decide whether to formalize your relationship or whether it is better to wait.

However, in any case, the best solution would be to conclude a marriage contract, where you can provide for all the rights and obligations of each party, and protect yourself in case of separation.