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.
The concept of civil marriage in the family code
The concept of civil marriage is absent in the Family Code. It is this fact that causes big problems when resolving disputes between cohabitants. Members of the union do not have proper legal protection, unlike a couple who have formalized their relationship.
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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.
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).
Children's question
Raising children is a responsible process in which both parents must participate. It does not matter whether they are in a registered union or not. If the father has established paternity officially (through the registry office or court), then he has parental rights and bears all responsibilities in relation to the minor.
Establishment of paternity with the consent of the parents is registered in the district registry office. To do this, mom and dad must contact this authority with birth documents, passports and an application to enter information about the father in the appropriate columns of the form. The mother must confirm paternity in writing.
If one of the parents is against the procedure, it is carried out in court. As practice shows, not only fathers refuse to recognize their children; mothers often prevent the entry of information into documents. Thus, a parent who wishes to establish paternity files a claim in the district court. Witness testimony and DNA test results are used as evidence.
We can conclude that one of the most problematic issues in a civil marriage is the situation with the appearance of a child. Therefore, in such cases, it is advisable to enter into a formal union before his birth.
People enter into any personal relationships at their own peril and risk. Official registration of the union will provide legal protection for the person and his property in the event of separation or death of the partner. The interests of cohabitants are not protected in this way. However, the choice of the form of marriage is a personal matter for each citizen.
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.
Common-law wife is someone who is empty space
The Investigative Committee of the Nizhny Novgorod Region accuses a 29-year-old man of murdering a prostitute. According to the case materials, the defendant dealt with the woman because she was a competitor of his common-law wife.
The murder case of a 19-year-old girl has been going on for almost two years.
The body of the murdered woman was found in January 2013 on the side of the road. leading to the village of Torfosklad in the Sormovsky district.
The victim died from multiple stab wounds. The victim's corpse was naked. Police later determined that the girl was engaged in prostitution.
The suspect in the case was a 29-year-old man. He had a conflict with the deceased, since she was a competitor of his common-law wife, who also offered intimate services.
To improve his beloved's business, the man took the girl to a deserted place and stabbed her 14 times.
Nemtsov celebrated birthday with his wives and banker Friedman
At the party, for which Boris Efimovich rented a cozy restaurant in the center of the capital, only the politician’s closest associates, as well as numerous ladies, gathered.
After celebrating his fiftieth anniversary, the press began to discuss why the politician’s legal wife was not present at the celebration, but two civilians came instead.
Two years later, the picture has not changed: the same two fighting friends and the empty place of the official life partner.
According to all documents, Boris’s wife is still Raisa, who gave birth to his daughter Zhanna.
Legal advice on common-law wife issues
My parents lived in a civil marriage for 15 years, and my younger brother and I were raised in this marriage.
My parents separated, my father paid us alimony even after marrying another woman. This woman has two children of her own, who were raised by our father; the father’s marriage produced a daughter together.
I am not a doctor and cannot judge the disease, but there are developmental deviations. During the 25 years of their marriage, my brother and I tried to maintain a relationship with our father, but his wife was always against such a relationship; when I visited my father or brother, his wife reacted with a scandal, so the relationship was reduced to talking on the phone.
Rights of a common-law wife
My husband and I have been together as a family for 17 years. Not officially scheduled. There are no children together.
There is no official wife, she died. During this time he became a rich man.
We started from scratch. Registered in the same apartment for 12 years. All property is registered in the name of the husband, his children and relatives (as in Ukraine).
After a terrible accident, I was the only one who nursed him. We live in the Far North. Today they have decided to finish the work.
Separated from his common-law wife
I met her via SMS chat. We started talking, but at that time I didn’t want to meet because...
I just divorced my first wife. We communicated with her by phone. sis, social networks - it lasted about 4 months. Then we met, met again.
after 2 months of such meetings, she practically began to live with me. I told my parents that it was with friends.
The reason for the separation was that he drank and disappeared. She forgave me, I promised not to repeat it, but it happened again.
a year ago, after my next joint, she went to her friend. I returned her, well, then she didn’t go away completely.
She said that if she goes to her parents, she will never return. I messed up again on 07/03/2012 on the next page.
the day she took the necessary things and left.
I tried to get her back. but never mind, we talked and met.
not at all. I'm in a lot of pain and bad. After a month of such an incomprehensible relationship, I called and said:
Civil marriage: problems with inheritance
The institution of so-called civil marriage in the Russian Federation is not subject to the law.
Only after entering into a marriage registered in the registry office, the husband and wife have the rights and responsibilities of spouses provided for by civil and family law.
Meanwhile, a huge number of Russians maintain de facto marriage relationships, are in no hurry to stamp their passports, give birth and raise children and lead an ordinary family life, without thinking about the future.
I teach to live
Two years of secret relations with Simon were crowned with a triumphant victory and she began to be called a common-law wife (many believe that a common-law wife is a woman with whom the relationship is registered only in the registry office, and not in the church.
No common-law wife (or husband) is when people are not in an officially registered relationship, but live together and run a common household. A wife registered in the registry office or in the mayor's office is called a LEGAL WIFE.
So to speak - common-law wife or cohabitant? Terminology issue
In the USSR, after the third revolution, there was a rather long period when cohabitation declared by the parties to be a marriage was recognized as equal in legal consequences to a marriage registered in the registry office or in the church during certain periods in certain territories.
But in August 1944, Stalin signed a Decree, very nobly named, something about supporting large families, etc.
by which only those registered in the registry office began to be recognized as marriages, the institution of establishing paternity in all forms was abolished, and divorce itself became a long and painful procedure.
Status is important for everyone, as it is the foundation of stability in life.
lectures
My common-law husband is serving a sentence in the Chelyabinsk region.
The boss signed him permission to visit, he wrote that I could get a 3-day visit with him if I brought a certificate from the police and from the housing office.
We are registered in different places. The marriage was not registered.
I received a certificate from the police department stating that we were running a joint household at his place of registration with the signature of the Head of the department.
If a man has a common-law wife, is this an obstacle for you?
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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.
The Investigative Committee of the Nizhny Novgorod Region accuses a 29-year-old man of murdering a prostitute.
According to the case materials, the defendant dealt with the woman because she was a competitor of his common-law wife.
The murder case of a 19-year-old girl has been going on for almost two years. The body of the murdered woman was found in January 2013 on the side of the road. leading to the village of Torfosklad in the Sormovsky district.
The victim died from multiple stab wounds. The victim's corpse was naked. Police later determined that the girl was engaged in prostitution.
The suspect in the case was a 29-year-old man.
He had a conflict with the deceased, since she was a competitor of his common-law wife, who also offered intimate services.
To improve his beloved's business, the man took the girl to a deserted place and stabbed her 14 times.
The concept of civil marriage
Falling in love is a time when you want to be with a person constantly and inseparably, and if the feelings are also mutual, then a man and a woman, as a rule, begin to think about how they should live further and what relationship to choose: official or not? What kind of marriage should you live in: official (legal) or civil marriage?
According to statistics, now about 35% of families prefer to live in a civil marriage.
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.
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.
