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 perceived incorrectly. Traditional, official marriage is just civil. It gives spouses, especially a woman - a future mother, a sense of confidence and security. However, adherents of cohabitation (which is popularly called a civil marriage) are sure that the seal and stamp in the passport quench feelings, as they put "fetters of obligations" on people.

People make their own decisions about how they want to live their lives. It would be useful to consult a lawyer about what to expect from such a marriage. You also need to be well aware of the consequences of breaking up a relationship.

What is considered an official marriage?

The Family Code of the Russian Federation indicates character traits union of a man and a woman:

• voluntariness;
• freedom of choice;
• equality;
• monogamy (monogamy).

This document indicates how a 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;
• observance of certain rights.

Significant differences between cohabitation and official marriage

The law states that the mother's spouse will be recognized as the father of a child who is born in marriage (clause 2, article 48 of the UK). However, a child can be born in special situations:

• after divorce;
• after the death of his father.

In order for the spouse (former or deceased) of the mother to be recognized as the father of the child, the baby must be born no later than 300 days after the divorce or death of the father. There is a presumption of paternity. In other words, a man is recognized as a father by default, although he has the right to file a lawsuit with a request not to recognize him as a father, since the child is not his own.

Similar circumstances in cohabitation are regulated by paragraph 2 of Art. 51 SC. If the child is born out of wedlock, you will need:

• cohabitants to submit a joint application to recognize the man as the father of the child;
• father to file a similar application.

Suppose a "civil husband" (simply cohabitant) does not want to submit such an application. Then, in the registry office, an illegitimate child receives the mother's surname. She will be entered in the column where the father's surname should be. The name is chosen by the mother. The patronymic is also chosen according to the personal preference of the mother.

However, a man can prove his paternity. In the form of evidence, the results of a genetic examination are presented to the court. There is life situations when required.

For example, citizen R., who wished to give the child his last name, turned to a lawyer. As it turned out later, his former cohabitant (the child's mother) died, and the baby was raised by the mother's parents. However, their daughter left the child a large inheritance in the form of an apartment in the capital, and grandparents took custody.

Citizen R., with the assistance of a lawyer, managed to prove his paternity. However, the guardians' lawyers were able to correctly substantiate the position of their clients:

• the father knew about the existence of the child, but was not interested in him, did not pay alimony;
• guardianship is done according to the rules.

Property division

It is worth noting that in an official marriage, the spouses have jointly acquired property. It is common property if a marriage contract has not been drawn up, which, from the point of view of the law, has its own nuances.

By general rules irrelevant:

• that only one of the spouses who worked or had other income contributed money to the family budget;
• that the property is registered to one spouse.

And yet, lawyers advise dividing property not only during divorce (which is natural), but also during marriage, in order to make marital relations more comfortable. By the way, property can be divided within 3 years after the divorce.

Article 35 of the UK (clause 1) indicates that the mutual consent of the spouses is required in order for joint property:

• own;
• dispose;
• enjoy.

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 with cohabitation, the property is owned by the one who acquired it (paragraph 2 of article 218 of the Civil Code). Evidence can be provided:

• checks;
• other documents confirming the identity of the buyer.

In this case, it is very difficult to prove that the other cohabitant also contributed a certain amount to acquire property.

Help of a lawyer

A lawyer who defends the position of a former cohabitant (cohabitant) who wants to get his money for property back faces serious challenges.

1. It is required to prove that the other party to the conflict did not have the opportunity to acquire property on its own, since it did not have the means to do so.

2. You will need to indicate witnesses who would confirm that the property was purchased with the client's money.

3. In some cases, the identity of the person who has taken over the jointly acquired property plays a role. Perhaps such "civil marriages" are repeated with enviable frequency and strengthen the financial condition of the defendant. There is evidence of fraud.

Also, the money that the cohabitants had, as it were, in joint ownership and was intended for current purchases, when the relationship is terminated, becomes not just a subject of dispute. Some of the former cohabitants may claim that another member of the failed family simply stole them.

There are situations when one cohabitant submits a statement to the police against another, accusing him of ordinary theft. Indeed, in fact, these people remain strangers to each other, since they can leave at any moment. Therefore, in order to understand their relationship, they need the help of a lawyer.

A competent lawyer, first of all, will competently advise a citizen who has turned to him on any issue regarding family law. Perhaps the conflict situation can be resolved at the negotiating table. Otherwise, you will need legal support in court.

Many people mistakenly believe that the concept of “civil marriage” is identified with the concept of “cohabitation”. In fact, this is a deep misconception. After all, civil marriage is the official registration of relations between spouses by an authorized person for this government agency. In a civil marriage, the spouses have a marriage certificate without going through a wedding ceremony. Therefore, all unmarried couples are in a civil marriage. While cohabitation means cohabitation of a man and a woman who have not registered their relationship. Civil marriage and cohabitation, their advantages and disadvantages - we will talk about this in this article.

AT modern world the popularity of civil marriage or cohabitation is gaining momentum. This is due to the fact that before uniting their destinies in the face of God or legitimizing relationships, couples seek to make sure that their decision is correct. After all, it often happens that in the absence of experience of common residence, after the wedding and the wedding, the newlyweds are disappointed in their choice. The result of this disappointment is, at best, a divorce, or, at worst, a crippled life together with the wrong person. Therefore, many young people before marriage consider it necessary to test their relationship in everyday, routine conditions.

Sometimes it happens that one of the partners constantly strives to postpone the wedding. It is one thing when a civil marriage is entered into by mutual desire, and quite another when one person deliberately avoids the full procedure for registering a marriage.

Some men believe that the stamp in the passport during a civil marriage does not oblige them to anything, does not completely limit freedom. A woman in this situation is visited by disturbing thoughts, they say, if he loved, he would instantly make an offer. Indeed, many women strive to be in the status of a wife, for them this is a sign of success in society. This desire is provoked by stereotypes that have developed in society. Crossing the threshold of thirty years and being divorced is better than crossing the threshold of thirty years without ever being married. To what extent such opinions are correct, only you can judge ... But you should not deny the fact that many people think in this way.

And it also happens that a couple is in a civil marriage, a woman is a successful person, receives a good salary and, as it were, competes with her man. In such a situation, the formalization of relations for her is a kind of obligation, and the man seeks to resist in order to create at least the appearance of some kind of freedom.

If you are worried about the thought that the man you love is not in a hurry to propose to you, first ask yourself next question and try to answer it as honestly as possible: “Is it important for me to have an official marriage registration?”. If the answer is yes, analyze your relationship with him. Perhaps the reason for his slowness lies precisely in you, in your relationship with him, the lack of due attention, the caress of love.

Some men are simply afraid of responsibility. Therefore, they are trying to delay the moment of marriage. In such a situation, a woman needs to make her man understand how much you trust him, appreciate his strength, intelligence, what a wonderful husband he can become, how wonderful and happy your life with him is.

Naturally, a civil marriage or just cohabitation is a serious step. It is worth noting that this step should be taken only if both partners plan to start a family in the future. In other cases, misunderstandings may arise. For example, a man may offer a girl to move only to maintain a sexual relationship, while the girl will sincerely hope that they will soon have a real family. Therefore, before moving or entering into a civil marriage, it is necessary to compare your desires and approach this matter with great responsibility.

A de facto marriage is an unregistered union of two people who live together and share a household. In simple words- cohabitation. Such a union does not give rise to mutual rights and obligations of the spouses. Their relationship is governed not by family, but by civil law. Children born in such a union must be recognized by their father and included in the certificate only with his written application, otherwise the woman will be a single mother. More details about all the features of the actual marriage will be discussed in this article.

The main thing

An actual marriage is an unofficial union of two people living together, having a joint life and leading a common household. In other words, it's just cohabitation, which is regulated only by civil law. An actual marriage is a union that is not registered in the manner prescribed by law, therefore it does not give rise to the emergence family relations. People living together in this case are completely free and independent of each other. It is for this reason that many citizens who do not want to fetter themselves by official marriage choose it.

Characteristic

Despite the fact that people in de facto marriage live together, run a joint household and even raise common children, they are still considered free citizens, independent of each other. For a man, this is very convenient. At one time he has a family and a wife, but according to the law he is considered single and can marry another girl.

In our state, the actual marriage is the usual cohabitation of two people, which is not regulated by the norms of family law. Only children born in such a union are entitled to maintenance from their dad, if the latter acknowledges paternity.

Nevertheless, in Russia every year there are more and more such marriages. Because many young people do not want to take responsibility and formalize their relationship with their soulmate.

Cohabitation

If a legal marriage is registered in the registry office, then the actual one does not require compliance with such formalities. People simply converge and begin to live together in the same territory, calling their union a family. Nevertheless, they do not become a full cell of society.

The actual, civil marriage of a man and a woman is not regulated by the norms of the RF IC and, moreover, does not give rise to mutual rights and obligations for the spouses. Their relationship can be called a mutual partnership. People can live together for a long time, have common property and joint children, but from the point of view of the law they will not be a family. And this is despite the fact that other citizens consider them spouses.

Termination

From the moment when people disperse and begin to live in a separate living space, the actual marriage ceases to exist. In other words, a man and a woman no longer run a joint household and do not have a common budget. Actual dissolution of marriage this case occurs at the moment when one of the spouses no longer wants to be with the other and moves to a new place of residence. If people from such a union have children, then their fate is decided in accordance with family law. Therefore, if the wife who is the father of their common child left his wife, he is obliged to pay alimony for the maintenance of his child.

The rights of children born in an official marriage, and babies born as a result of simple cohabitation of mom and dad, are equal to each other and are enshrined in the RF IC.

As it was before

The concept of actual marriage was known in Russia as far back as Soviet times. It was then, in the 20s, that such a union of a man and a woman was recognized by family law. In addition, marriages were officially registered even with those people who were considered missing. This was the case until 1944.

The Code of Laws on Marriage, Family and Guardianship, adopted in 1926, equated the actual union of a woman with a man to official marriage. This was necessary in order to protect the representatives of the beautiful half of humanity and the rights of their children. Nevertheless, when dividing the common property, it was necessary to prove in a judicial body the fact that it was really a "marriage", and not a relationship. For this, witnesses were invited, correspondence and other documents were examined.

In 1944, according to the Decree of the Presidium of the Supreme Council, the unofficial ones lost their power. Civil spouses were asked to formalize their union in the manner prescribed by law. It was also necessary to specify the time life together before marriage registration.

The situation of children

Babies born in an actual marriage have the same rights as those born in an official union. But for this it is necessary that the father of the child acknowledge his paternity and write a statement to the registry office. Otherwise, the baby's mother will be considered a single mother, because the marriage of people has not been officially registered.

In practice, situations very often occur when women have to prove the paternity of "common-law" husbands in court in order to receive at least some funds from them for the maintenance of children. Such cases are far from isolated. While in an official union, the woman's husband becomes the father of the child automatically even when the baby was born within 300 days after the divorce.

Due to such problems that may arise in the future, many women are unwilling to enter into a de facto marriage. Children born in an informal union are deprived of the opportunity to live in a full-fledged family and receive maintenance from the pope, especially if the latter turned out to be not a very decent person and refused to recognize and formalize his paternity.

Confession

An actual marriage has certain characteristics. In this case, people should live together as a family, have a common life, budget, children, and run a joint household. In addition, over the years lived together, people acquire things and values, real estate.

Accordingly, the recognition of marriage as actual occurs if:

A man and a woman run a common household and have a joint budget;

Citizens live together as legal spouses.

However, people do not have to have children. After all, many citizens living in a registered marriage, for various reasons, do not try to continue their family.

Property

What to do with common valuable things if a man and a woman decide to end their informal relationship and leave? This question is asked by many people who find themselves in a similar situation. After all, an unofficial union of two people is an actual marriage. The division of property in this case will be carried out in accordance with the norms of civil law, and not family law. In addition, each of the spouses will have to prove their right to the thing and the fact of its acquisition. If property purchased during a legal marriage is considered the joint property of a husband and wife, then during the period of cohabitation it belongs only to the person on whom it is registered.

Example

Young people met and after some time decided to live together. They were in no hurry to form a relationship. Nevertheless, during the actual cohabitation, the man purchased a new car with the money of his common-law wife, which he registered for himself. The couple broke up two years later and ex-wife decided that she has every right to a refund of half the cost of the car. The man was against it. She could not prove the fact that the woman gave him money, because she did not have any evidence (receipts, etc.). Accordingly, the car remained with the former civil husband, because according to the documents he is its owner.

Distinctive features

Marriage legal and actual have certain similarities. They are manifested in the fact that in both the first and second cases people live together, run a common household and have a joint budget. But that's where the similarity ends. Now let's list the differences. At the moment when children are born in a legal marriage, they are automatically assigned the surname and patronymic of their dad. What can not be said about a child who was born in an unregistered union. After all, the fact of his origin from the mother's common-law husband must be officially confirmed in the registry office, and for this the latter must write a statement. If this does not happen, the woman is recognized as a single mother. She can prove paternity only in court.

Property acquired during a formal union is the joint property of the spouses, and upon divorce, it will be divided in half. But things bought during the actual marriage are considered the property of the one who purchased them.

What's better

Many women want to be only legal wives and therefore do not even allow the thought of living with a man without marriage registration. Nevertheless, some representatives of the fair sex believe that at first you can do without formalizing the relationship. Opinions on this matter are always divided. Of course, most women want to get married, so for them the best solution is to immediately formalize the relationship than to live without registration and not have any rights. Men think a little differently, especially since the stamp in the passport has not yet kept any of them from an unloved partner. They do not want to immediately seal an alliance with a woman and lose their freedom, preferring first to "live together and test feelings."