What is a civil marriage?
There is no clear definition of “civil marriage” in the law. But the main features of such a union can be identified.
Usually it is understood as a form of relationship between a man and a woman, in which they live together and run a joint household.
However, they do not register their relationship with government agencies, which would officially secure their status as spouses.
Synonyms for civil marriage among ordinary people are “cohabitation” or “actual marriage.”
From a legal point of view, is this an official marriage or not?
There is no clear definition of the concept of “cohabitation” in family legislation.
Therefore, lawyers believe that a civil marriage, that is, the cohabitation of spouses without registering the relationship in the registry office, is not equivalent to couples in officially registered relationships.
In this regard, both parties in such unions have fewer rights and obligations than in the presence of a marriage certificate.
Family Code of the Russian Federation: concepts of official and unofficial marriage, cohabitation
In the law of Russia of the 21st century, only official marriage is distinguished. For the law and government officials, the only legal marriage is one concluded in the registry office:
Marriages entered into only by the civil registry office are recognized.
Art. 1, Family Code of the Russian Federation dated December 29, 1995 N 223-FZ (as amended on December 30, 2015)
The Family Code recognizes only officially registered relationships as marriage.
Unofficial marriage is referred to by different terms. Legislation since 1917 has followed the path of unifying the regulation of family relations. The result is that only one form of marriage remains in family law. Other forms of unions are not reflected in family law in any way. For example, if in the Unified State Examination tasks you answer that a civil marriage is an unofficial, unregistered marriage, then the answer will be given 0 points.
The current law characterizes unofficial marital relations with the phrase “persons who are not married to each other.”
Art. 127, Family Code of the Russian Federation dated December 29, 1995 N 223-FZ (as amended on December 30, 2015)
In judicial practice, the terms “de facto marriage” and “cohabitation” are used; there is no difference between these concepts. In life, the word “cohabitation” is used in a pejorative, offensive sense, which is why in everyday speech an unofficial marriage is called civil. From the point of view of law, “cohabitation” and “civil marriage” have the same meaning and are not reflected in the law in any way. This is a legally invalid, unofficial, illegal marriage. In regulatory documents, the phrase “civil marriage” is always placed in quotation marks. Such relationships never amount to a formal union.
Video: is it necessary to legally equate civil marriage to matrimony?
Difference from state registration of relations.
The rights and obligations of spouses specified in the Family Code apply only to spouses who have officially registered their relationship.
After registering the union in the registry office, they have common property, as well as additional guarantees regulated at the legislative level.
In the event of a divorce, the husband and wife will be able to divide everything acquired during their marriage in equal shares. The official spouse is one of the first-rank heirs.
The common-law husband and wife are deprived of such rights.
If a couple in a de facto marriage decides to separate, then they divide the acquired property either by agreement or in court.
But in the latter case, you will have to provide evidence that the other party participated in its acquisition, which can be difficult.
Rights of a cohabitant to an apartment.
If the apartment was purchased before the start of the relationship, then it remains in the personal use of its official owner.
However, long-term cohabitation involves the acquisition of movable or immovable property.
In the case where the marriage was officially registered in the registry office, no special disputes arise, since according to family law, everything acquired during the marriage is considered common property.
Cohabitants have much less rights to an apartment purchased during the period of cohabitation.
If the property was registered in the name of one of them, then the second will need to prove his relationship to it and his contribution to the overall purchase.
You can confirm your rights to property with a bank account statement, a check, a will, etc.
Civil marriage: cohabitant’s rights to an apartment and property.
What rights and responsibilities do unregistered spouses have over property?
The State Duma has repeatedly raised the issue of equating cohabitation for more than 5 years with an officially registered relationship.
However, the bill was rejected due to the fact that whether or not to enter into an official marriage is everyone’s personal right.
During a divorce, former spouses divide all property in half. Sometimes there are controversial issues, but they are regulated by family law.
In an actual marriage, even if it lasted for many years, this principle does not apply. Therefore, cohabitants can only be guided by the Civil Code of the Russian Federation when dividing property.
There are two options for owning property.
The first of them provides that the property or apartment belongs directly to the person who acquired it. Accordingly, the property is initially registered in the name of the owner.
In the second option, shared ownership of real estate is allowed.
The couple can initially think through the situation of divorce and, when purchasing an apartment, draw up an agreement on shared ownership.
If this does not happen, then you can defend your rights in court. In this case, the shares will be allocated depending on the material investments of each party.
About the new concept
Duma legislators had to decide whether a civil marriage for more than 5 years is a legal type of marital relationship and consider a new bill.
At the beginning of last year, it was presented to colleagues by Federation Council member Anton Belyakov, who proposed introducing the legal concept of “actual marital relations . The senator referred to the experience of other countries where cohabitation is equal to an officially registered marriage and allows citizens to have equal rights.
The institution of cohabitation was introduced into legal terminology:
- in Sweden since 1987;
- in Belgium - since 1998;
- in France - since 1999.
On a note! In French law there is the concept of a cohabitation agreement, which is concluded when there is no desire to sign. But the document has to be registered.
In Germany, a man and woman living together for more than a year and leading a joint household have the right, after separation, to count on support from their other half in the event of financial difficulties.
Belyakov is confident that the innovation will help:
- recognize the fact of the existence of one of the types of marital relations, which is extremely common in Russia;
- solve many problems related to the protection of childhood and motherhood, for example, a woman will not have any difficulties in obtaining alimony after the end of cohabitation;
- strengthen the social and moral foundations of society.
What is proposed to be understood by actual marital relations?
- If you lived in a civil marriage for 5 years and ran a common household.
- If you lived together for 2 years and during this time a common child was born.
Important! It is proposed to consider property acquired by those in de facto marital relations as common property.
Rights of a cohabitant to a child.
The mother and father are automatically registered on the birth certificate of children in an official marriage.
If the man is a cohabitant, then he will be recorded in the “father” column only upon personal application to the registry office.
Both parents or their official representatives must be present during the procedure using a notarized power of attorney.
In cases where a man refuses to acknowledge paternity, this can be achieved in court.
To do this, the woman will need to provide compelling evidence of the relationship between the child and her partner. Usually the most reliable way is to undergo a medical examination.
But you cannot force a man to go through it if he refuses. However, if other compelling evidence is presented, the court may establish paternity and award child support even without a medical examination.
Thus, in a civil marriage, the rights and responsibilities of a parent for a child are established only if he initially recognized him as his own.
When a couple separates, a woman can file for alimony payment in court or enter into an agreement with a man on the fulfillment of his obligations to support a minor.
If paternity is not established initially, this can be done at any time through the court, even after the child reaches adulthood.
Does a common-law wife have a legal right to an apartment when dividing property?
When dividing property, you can claim real estate if it was not only acquired during the period of cohabitation, but the woman can also prove her involvement in its purchase.
In an actual marriage, any property belongs to the person in whose name it is registered. If cohabitants fail to reach an agreement, then disputes are resolved in court.
In this case, the court will be guided by the norms of the Civil Code.
The mere fact of a civil marriage is not enough for property to be recognized as common property in the mode of shared ownership.
Both parties will need to provide evidence that they made a material contribution to its acquisition and maintenance.
Among them are:
- Checks and receipts;
- Bank statements;
- Testimony of relatives and friends;
- Correspondence between cohabitants, including in instant messengers, social networks, etc.
Evidence must be presented in proper form.
Thus, screenshots of correspondence must be certified by a notary office. Financial documents must be approved by the manager's signature and seal.
Question to the expert
Good evening! How to officially make a share in an apartment purchased early if you contribute part of the funds.
Good afternoon If you are not married, then the allocation of a share of the apartment is formalized either by a purchase and sale agreement or by a gift agreement with a notary. The owner of the apartment must sell and then you enter funds into the contract. Or donate this share.
Opinions
The official point of view was expressed by the Russian Orthodox Church. She respects people who live without church blessing, but considers the bill on 5-year cohabitation questionable.
The Department for External Church Relations of the Moscow Patriarchate explained that such a law is unlikely to motivate people to formalize cohabitation according to the law, including getting married. To marry or not is a voluntary matter, and it often happens that cohabitation, which was not planned as a long-term union, develops into a strong marriage. According to the church, it is impossible to impose new legislative norms for living together on citizens.
The relevant Duma committee on family issues in May recommended rejecting the bill, as it violates the established concept of state policy and destroys traditional family values. The committee believes that relations should be formalized by law. Everything else can only conditionally be called “family.”
The head of the Federation Council commission on improving the Family Code, Elena Mazulina, also categorically criticized the proposal. Legalizing cohabitation will only weaken the institution of the family and disrupt stability. She recommended her colleagues not to legitimize new family formats, but to look for reasons for their reluctance to put a stamp in their passport.
Psychologists who examined the initiative found both pros and cons in it. For women, the law is probably not bad, because it is known that even in cohabitation they perceive themselves as “legal spouses.” But men, on the contrary, consider themselves free. In addition, the innovation will “untie their hands” and allow many people not to take serious steps to legitimize living together. Psychologists agree that the law does not matter to adequate people. We decided to separate and settled all issues, including child support, peacefully and in a civilized manner. But will the law protect against dishonesty? Hardly.
