Is civil marriage legal? Rights of children born in a civil marriage. Video: is it necessary to legally equate civil marriage to matrimony?

Civil marriage - what is it according to the Family Code Russian Federation? I often hear phrases like: “We have been in a civil marriage for 5 years”, “Meet me, this is my common-law husband" With all this, it later turns out that the marriage was not officially registered. As a result, many people have a misunderstanding of what it is in the reality of the law of the Russian Federation.

Definition according to the Family Code of the Russian Federation

To understand this confusion, I decided to turn to the law. So, let’s open the Family Code of the Russian Federation and begin legal research. The first article of the IC reads: “Basic principles of family legislation.”

"1. Family, motherhood, paternity and childhood in the Russian Federation are under the protection of the state. Family law comes from the need to strengthen the family, build family relationships based on feelings mutual love and respect, mutual assistance and responsibility to the family of all its members, the inadmissibility of arbitrary interference by anyone in family affairs, ensuring the unhindered exercise by family members of their rights, and the possibility of judicial protection of these rights.
2. Marriages entered into only in civil registry offices are recognized.”

The first paragraph guarantees the protection of the family by the state, and the second provides a specific definition of legal marriage - from the point of view of the state, it is only one concluded in the registry office marriage.

If legal registration does not take place, then the rights and obligations of spouses provided for by the law of the Russian Federation are absent. Even if the couple has been cohabiting for a long time.

It turns out that even though a man and a woman have loved each other for decades, raised children together, are raising grandchildren and great-grandchildren, run a joint household, but at the same time they did not want or for some reason were unable to register their relationship in the registry office - this is not civil marriage.

No stamp in the passport - no marriage.

Why is cohabitation called marriage?

Why then family union without registration is called civil?

For several centuries Russian history Those who decided to enter into a sacred marriage united their hearts in the church. And this marriage was considered legal, since a solemn wedding ceremony was performed, and a record corresponding to the event appeared in the church register.

By the way, church registers appeared back in 1722 by order of Emperor Peter I, who introduced mandatory birth registration among the Orthodox people.

The metric book was compiled for one year and consisted of three sections intended to record acts of birth, baptism, marriage and death.

For those couples who did not want (or for some reason could not) enter into religious marriage, remained to live without legal registration marital relations. IN such a case and used the wording “civil marriage”, which carries only an emotional meaning.

Such “civil” relationships did not establish any legal consequences, for example, the right of ownership when dividing property if for some reason the couple decided to end the cohabitation, or the right of inheritance in the event of the death of a cohabitant.

Shortly after the revolution of 1917, the Bolsheviks adopted a decree “On civil marriage, on children and on maintaining books of deeds,” which stated that “ Russian Republic henceforth recognizes only civil marriages.”

From now on, the church union began to be characterized as a “private matter of the spouses” and lost its legal force.

That is, in Russian Empire The marriage registration procedure was of a religious (church) nature. However, already in Soviet Russia, as a result of the separation of church and state, marriage began to be called civil (secular), in contrast to the previous “church, canonical”.

What is a marriage without registration called?

So what is a marriage without registration called?

If we take into account the numerous explanatory dictionaries, it becomes clear: such a relationship is an ordinary cohabitation or an extramarital affair.

But most people find such definitions dissonant and sometimes even offensive. Therefore, the formulations actual marriage, informal marriage, actual marital relations, marriage-like relations are more often used.

It is worth noting that in the Family Code of the Russian Federation in force today there are no concepts of “actual marriage”, “actual marital relations”, etc.

The legal term denoting persons who are or have previously been in an extramarital relationship, according to the RF IC, are the phrases “persons who are not married to each other”, “living a family life”.

Not formalized in accordance with the requirements of modern law Cohabitation men and women does not set marriage rights and responsibilities prescribed in the Code of the Russian Federation.

Thus, we can come to the conclusion that the majority are mistaken in calling an informal relationship a “civil union”, because in essence it is the most ordinary relationship between two people, which does not carry any rights and obligations.

Today we have to examine such a concept as a common-law husband. Who is it? What rights do common-law spouses have? What features should you pay attention to first? The point is that the concept of civil marriage cannot be interpreted unambiguously. In Russia, this term is interpreted in several senses. All of them will be discussed. Otherwise, you may get confused and not understand what kind of civil marriage you are talking about we're talking about. There is a legal interpretation, and there is a generally accepted one. These two concepts should not be confused. But what do they give? What rights and responsibilities do spouses have in this or that case? More on all the features of civil marriage below.

Laws and codes

The first thing you should pay attention to is the terminology that is found in codes in Russia. - this is an officially registered relationship. They do not imply the participation of the church in the process.

In fact, such a relationship is a union registered in the registry office between a man and a woman. Quite often, this feature is simply called marriage, without the “civil” component.

Despite this, the full interpretation of the term is found in Russian legislation and codes. So a common-law husband is a woman’s official husband, a person with whom she registered a relationship with the registry office.

Confirmation

As confirmation of registration, the newlyweds will be issued a certificate. It indicates the initials of the couple, what surname will be assigned to the wife, the place where the relationship was registered and the date of registration. In fact, a civil marriage is an official wedding.

You can play it in Russia from the age of 18. This is a completely voluntary decision of adult citizens. Under certain circumstances, the newlyweds retain the right to register early, that is, until they reach the age of majority (at 16 years old). For example, if the future husband and wife are emancipated. Or when pregnancy occurs.

In any case, after the painting, the couple is given a marriage certificate. And from now on they are considered an official family. Their relationship is registered legally. Spouses have certain responsibilities and rights that are regulated by the Family Code. But everyone should know the basic provisions.

Responsibilities and rights

What rights does a common-law husband have? Exactly the same as my wife. The thing is that, according to the Family Code, spouses in a registered marriage are equal in their rights. But there are still some restrictions. The point is that marriage is a serious responsibility. It entails special consequences. And you have to understand this.

What rights do spouses have in a civil marriage? The Family Code of the Russian Federation indicates that:

1. A common-law husband and wife have freedom to choose their activities and place of residence. That is, a person can work where he wants. Or don't work at all. He also has the right to live in any territory. Usually spouses live together.
2. All questions regarding paternity and maternity, raising and educating children, managing everyday life and disposing of property acquired during marriage are dealt with by mutual consent. These topics are resolved taking into account the equality of citizens.
3. The responsibilities of spouses include building relationships based on mutual respect and equality. A husband and wife must do everything to improve the well-being of the family, maintain a favorable environment, and also support each other financially. It is most important.
4. The choice of a surname is the right of those getting married. When getting married, citizens can decide which surname they should take - husband/wife or keep the premarital name. In some cases it is allowed to combine surnames. Usually women take their husbands' surnames.

But everything previously listed is not the only features. The Family Code contains many important rules regarding civil marriage. What other key points worth paying attention to?

Property

For example, on property issues. As practice shows, this topic very often causes controversy, especially during divorce. Many people do not know how to divide property. The legislation of the Russian Federation helps to understand this.

In a marriage, there are several types of property: personal and joint. The first type is everything that was acquired before marriage and registered in the name of one or another spouse. Personal property also includes everything that was transferred during marriage under a gift agreement, and is also intended for personal use (clothing, linen).

But this is what is acquired in marriage. It doesn't matter who it's registered to. Personal property cannot be divided during a divorce, but common property is divided. And at this moment certain disputes arise.

According to the law, all common property is divided in a 50/50 ratio, that is, in half. But at the same time, it is possible to establish a special principle for the division of everything jointly acquired. This is done using marriage contract. It is concluded with a notary at any time after registering the relationship in the registry office. It sets out the rules for dividing property.

Personal and general

Common-law wife or the husband may recognize personal property (usually real estate) as community property. This rule is prescribed by the laws of the Russian Federation. In what case is this possible?

If one of the spouses, at his own expense (this is important!), has significantly improved the condition of the husband/wife’s property, then such property is recognized by the court as joint property. For example, if it was done major renovation in the house or restoration.

It is worth paying attention: the finances that each spouse receives in the form of earnings are considered common. But the inheritance and money transferred by deed of gift are personal. This factor will have to be taken into account.

About inheritance

The inheritance of a common-law husband or common-law wife is, as a rule, not recognized common property. In fact, this property is what was due before marriage. But under certain circumstances (they have already been mentioned) it is possible to transform the inheritance into common property.

In addition, it is worth paying attention: common-law spouses are If the husband/wife dies, then part of the property is inherited by the wife/husband accordingly. The property is also claimed by the parents of the deceased and all the person’s children, both adults and minors.

There are no more features. It can be said that a common-law husband has the right to act as an heir after the death of his wife, and vice versa. But only if the relationship was really officially registered.

About children

Issues related to children, mainly minors, require special attention. All children born to a couple in a civil marriage are automatically recognized as common children. That is, the husband, even if he is not the biological father, will be entered in the child’s first document as a father if there is a marriage certificate.

If the marriage is not the first, then the children of the common-law husband or wife from previous relationship- these are stepsons and stepdaughters. They are not considered relatives of the next spouses. No rights or responsibilities for raising a child new wife No.

In order for the child of one of the spouses to be officially considered the child of the couple equally, it is necessary to go through the adoption procedure. Then the wife (if the man has children from a previous marriage) is assigned the rights of a mother. And she, along with her husband, will have to take care of the minor and raise him like her own. Without adoption, children from previous marriages are strangers to new spouses.

It is worth noting: no one relieves responsibility for the maintenance and care of a child, even after entering into a new marriage. And if the common-law husband had minor children previously, he will have to at least pay alimony for maintenance. Him, but not his new wife.

Popular understanding

Nevertheless, it has already been said: there is a different interpretation of civil marriage. Officially registered relationships among people are simply called “marriage.” And civil cohabitation is often understood as ordinary cohabitation.

Thus, common-law wives are men. The couple leads a common life, can plan children, but at the same time they are not connected official relations. For some (especially men), this technique is very convenient. Why?

If you think about what rights a common-law wife has, you can answer - none. Only those that each person has personally. But as a wife, a woman has no rights, just as a man does not have the rights of a husband. In this case, the woman usually performs all functions real wife- provides for everyday life, quite often earns money and distributes it for “family” needs. But cohabitation does not imply any responsibility to each other. People are in relationships of the “want to, break up” type.

Such “spouses” cannot act as heirs; the property is considered to belong to the person in whose name it is registered. No responsibility. Cohabitation, or, as it is called, civil marriage, is an illusion of family. In fact, two strangers simply live in the same apartment.

What to choose

Many people think what is better - civil marriage or cohabitation (in the legal sense). It's hard to decide. Everything depends on people's intentions. The common-law husband is the official representative of the family, hope and support. A person who is responsible for children and wife. A cohabitant is simply a man who is cared for by a woman.

The official conclusion of the relationship is its logical continuation. This is the real creation of a family. However, cohabitation is an intermediate period between the stages of “just a couple” and “ official family"It is recommended not to delay the relationship with him. And formalize the relationship at the registry office.

The most important thing is not to confuse what kind of understanding of civil marriage we are talking about. The legal framework for these concepts has huge differences. And you need to remember: only officially registered relationships give spouses certain rights and responsibilities!

IN Lately has lost its former meaning. They began to treat him with disdain and, to some extent, irresponsibility. Few people know what it is now. Most people confuse this concept with official registration relationships. However, this is not true.

Civil marriage is the cohabitation of a man and a woman who lead a common household. However, they are not actually husband and wife. The common people call them the ugly word “cohabitants”.

Not so long ago, such marriages were despised and considered a disgrace for the couple. Today, young people consider them the norm. If you believe the statistics, every tenth marriage is currently civil and their number is growing every year.

Most often, the initiators of such relationships are men. Unlike women, they continue to feel free and independent.

What is civil marriage for a woman? Any of the representatives of the fair sex, deep down in their souls, dreams of a prince, a white dress, a gold ring and, for many women, legal wife very important. However, seeing the complete lack of mutual desire in their beloved man, they agree to life together and without a stamp in the passport.

One of the main problems in a civil marriage is the birth of a child. In this case, women fear for their future and are forced to issue ultimatums: either marriage or the end of the relationship. According to the Family Code, parents born in legally married children automatically become husband and wife. IN otherwise the woman will have to prove paternity. In addition, she may refuse to recognize her cohabitant as the father of her child and even forbid them to see each other. IN in this case It will be very difficult for a man to prove his rights to a child, since DNA testing for minors can only be done with the consent of the mother. Thus, both a man and a woman, before building a relationship, need to find out what a civil marriage is and what consequences it has.

It has its advantages too. They are great for absolutely young people who did not have time to “get on their feet”, earn money, and so on. They have the opportunity to learn to live together, study each other, and understand whether they are ready for a real marriage. In case of failure, young people can disperse quickly enough and without unnecessary formalities.

Usually, strong passion and love does not stand the test of everyday life and worries. Feelings pass, and the once loved one becomes unpleasant and even annoying. And neither a relationship nor a civil marriage is needed at all. Determining your priorities and goals in life will help you avoid such mistakes.

If people are confident in their feelings and, after living together for some time, are not disappointed in each other, then they should not delay the official registration of the relationship. From a legal point of view, it provides many advantages in case of divorce:

• all property is divided in half (regardless of the income level of the spouses), unless a contract has been concluded or otherwise;
• spouses have the right to maintenance in case of illness;
• if children were born during the marriage, then the person with whom they remain after the divorce has the right to receive alimony for each child.

Having learned what a civil marriage is, everyone has the right to decide which path to choose. In any case, it would be a good idea to play it safe and sign an agreement. Modern legislation allows the registration of a family without In this case, all the rights and obligations of the parties are prescribed in an agreement, which is mandatory. It spells out all the rules by which the family will live, provides for the situation of divorce and division of property, and also spells out the responsibilities that will be assigned to the spouses in the event of birth of a child.

An open relationship between a couple in love living in the same territory is not a civil marriage, as many are accustomed to calling it. A civil marriage is just a registered union. What is a civil marriage according to the family code and how does it differ from cohabitation? Why is there confusion in terminology?

In laws and normative legal acts there is no clear interpretation of such a thing as official marriage. It is understood as a union registered and formalized in the relevant authorities.

An unregistered relationship may have almost all the signs of an official marriage, but not be one. A man and a woman also live together for a long time in the same living space and raise children, but these relationships are not regulated by law.

Property acquired during an informal relationship not regulated by law is not common and belongs only to the owner. Registration of shared ownership rights in the case of a house or apartment allows you to prevent possible disagreements in the event of separation.

If it is necessary to divide property, cohabitants are forced to prove the fact of cohabitation.

When ending a relationship, men and women have to prove that they made their own investment. cash for the purchase of a car, real estate, land, jewelry, etc.

Attention! Marriage has legal force in the case of division of property and inheritance.

What is the difference between civil marriage and cohabitation from actual marriage?

Not everyone understands jurisprudence, so many are interested in what civil marriage is, and what does cohabitation mean?

Cohabitation is synonymous with actual marriage; it is an unregistered relationship between partners - “spouses” who have not formalized them in the manner prescribed by law.

What are the differences between civil marriage and cohabitation?

The main difference between a civil marriage and cohabitation is the protection of the spouses and the child, which does not exist when living together even for a long time.

Legal proceedings for citizens living together without a marriage certificate are very ambiguous and confusing. The outcome of such court cases rarely suits both parties.

It is worth noting that the country has been trying unsuccessfully for several years to amend the Family Code, equating de facto marriage to official.

Pros and cons of civil marriage

We have figured out what civil marriage, cohabitation and registered union are, and now let's move on to the advantages and disadvantages of all forms of official and unofficial relationships.

Absolutely all property acquired in a registered marriage is divided equally, so even a woman who has never worked will receive a share in an apartment or part of a bank deposit after a divorce.

To protect their material interests, many couples decide to enter into marriage contract, which defines property rights and the responsibilities of spouses in the event of divorce.

Cohabitants do not receive permission to long dates in correctional institutions. IN Code of Criminal Procedure In the Russian Federation, the right to visitation is limited to immediate relatives only. A common-law wife is not a legal spouse.

Cohabitants are also not allowed into the intensive care unit with their actual husband or wife.

Legal spouses, unlike cohabitants, are first-degree heirs. Provided that the testator has not made a will in favor of another person.

Joint property cannot be sold or exchanged without the consent of the husband or wife.

If there is a disagreement between the two parties divorce proceedings may take a while long years.

Most believe that there are no advantages to actual marriage. But many men and women say the opposite.

A couple living in the same territory can test their relationship before officially getting married. There is such a thing as household incompatibility. Often this is the reason for divorce.

Men and women decide to get together without registration because they do not want to divide property, run through authorities and waste time on court proceedings.

Civil marriage and cohabitation do not provide partners with any guarantees, and the relationship can end overnight. Women with children, who are not legally protected in any way, are especially vulnerable.

According to statistics, long-term living in the same living space rarely ends in marriage. Men are satisfied with their established life, and they are in no hurry to propose to their soulmate.

Birth of children in a civil marriage

Children born in actual marriage, have the same rights as those born in a registered marriage. The mother will receive child support in the event of separation if the father has officially recognized paternity.

The procedure for establishing paternity is extremely simple: a man and a woman should submit an application to the civil registry office.

Thus, the man voluntarily recognizes himself as the father of the child. This can be done even before birth. Mother and father provide their passport details, registration information and sign.

The child is automatically assigned the father's surname. However, parents can indicate what surname their child will bear. Today, more and more often, children bear the names of their mothers.

The child will be issued a birth certificate, where in the “father” column the name of the man who acknowledged paternity will be written. In the future, a child born in an unregistered marriage will be able to claim alimony and inheritance.

Painted married couple, you won’t have to waste time and effort on bureaucratic red tape. The child, without preliminary applications or applications to the registry office, will receive a birth certificate in which the mother’s legal spouse will be recorded as the father.

Division of property during cohabitation

We know that the property of legal spouses who decide to divorce is divided in half.

It will be possible to divide real estate or a car that was acquired during the period of cohabitation and registered in the name of one of the cohabitants only if the fact of financial participation of the second spouse is proven.

Let's give an example from judicial practice. Citizen Sidorov lived for two years with citizen Petrova. During this time, the de facto spouses managed to purchase an apartment with a mortgage, of which Petrova became the owner. After the separation, Sidorov filed a claim for recognition of his ownership rights. The claim was motivated by the fact that Sidorov was paying off a mortgage. The court did not satisfy statement of claim, since Sidorov did not provide documents confirming participation in the acquisition of real estate.

Inheritance in a civil marriage

Sometimes spouses still manage to prove their right to property in the event of separation. However, it is almost impossible to become the heir of a deceased husband and wife and receive your share.

Cohabitants are absolutely not protected from a legal point of view. Substantial evidence will have to be presented for the court to rule in favor of the common-law spouse.

An actual marriage does not have legal force; according to this legislation of the Russian Federation, it is difficult to regulate such relations.

Despite the fact that informal marriage has become commonplace for citizens of the country, the Family Code of the Russian Federation still does not stipulate any advantages for spouses living together.

Transfer by inheritance of movable and real estate in an unregistered marriage, although unlikely, is not excluded.

The court decision depends on the evidence presented by the plaintiff.

Important! Children born out of wedlock have the same rights to inheritance as their brothers and sisters born in official marriage. Legal registration the relationship between father and mother does not affect legal status their child.

Is it possible to equate a civil marriage to cohabitation or is this the name for any informal relationship? Perhaps the definition fully characterizes an official union, but without a wedding? Let's understand this ambiguous concept together with the Svadbaholik.ru portal.

Civil marriage: concept

The concept of “civil marriage” in Russian legislation is defined as a registered marriage union between a man and a woman. Thus, any family union concluded in any registry office of the Russian Federation is legally considered an official marriage and, accordingly, civil from the point of view of the law. However, in everyday life this definition means family relationships couples in fact, without official confirmation (for example, cohabitation).

What is a civil marriage? The ambiguity of this concept can be explained historically. Before the period of 1917, all relationships had to be registered in the church, with virtually no possibility of termination. But it was possible to avoid the debunking of a church marriage by living together between a man and a woman, which was called “civil.” Nowadays, when entering into an official marriage, it is not necessary to get married in a church, however, the definition of “non-church union” is still considered civil. According to lawyers, an unregistered marriage that is not regulated by rules Family Code RF, can also be called civil, because each of us has the right to freedom from family obligations.

Civil marriage and cohabitation: the same thing?

Now we smoothly move on to the question: what is civil marriage and cohabitation. Can both be considered a single concept? "Certainly!" - you will probably say. After all, by the phrase “civil marriage” in Russia, almost everyone means an actual family (in other words, cohabitation). However, according to the law, such a statement is incorrect, because a civil marriage is equal to an official one. Cohabitation is the term for heterosexual partners living together outside of marriage.

What is the difference between a civil marriage and an official one?

If we consider this issue from the point of view of the legislation of the Russian Federation, the concept of “civil marriage” is equal to an officially registered union. If you perceive this phrase as living together without a mark in the passport, then let’s, together with the Svadbaholik.ru portal, look at how a civil marriage differs from an official one:

• Property division. In an informal union, after a breakup, the couple’s property is not considered jointly acquired. For example, if a couple bought a car with common money, then after the breakup, it will go to the person in whose name it is registered. In an official marriage, each of the legal spouses has the right to half of the property.
• Debts. In a civil marriage, the issue of debt is a personal decision for each person in the couple. The law does not oblige them to pay equally if one of the couple - the common-law husband or wife - is against it. But in an official marriage, all debts are divided between the spouses.
• Inheritance. It is possible to count on receiving an inheritance in a civil marriage in the event of the death of one of the spouses only if there is a will. In another case, the property will be distributed among the closest relatives. In an official union, even in the absence of a will, the inherited capital is distributed between legal spouse(wife), children, parents.

Civil marriage: pros and cons

According to statistics, up to 40% of couples prefer a civil marriage instead of an official one. Why is it popular and where are the “pitfalls” hidden? Let's analyze all the pros and cons of civil marriage .

4 important pros

1. A civil union without obligations gives the couple sufficient quantity time to try it out family life together, household tests and checking feelings.
2. Psychological freedom in the event of a breakup and the ability to quickly leave without asking “how to get a divorce” gives a feeling of an “emergency exit.” Civil marriage becomes ideal solution for people who are afraid of dependence on their significant other.
3. Living in a civil marriage, you don’t need to bother with all the wedding hassles, and also spend a lot of money on organizing solemn ceremony or time for the official part.
4. For older people or those couples who have already been married several times, civil marriage can be considered the most comfortable form of cohabitation.

4 important “cons”

1. Provocation of infidelity, because in fact there are no obligations to each other.
2. An unofficial marriage is almost always the choice of one person in a couple. Anyone who is not the initiator of this form of family life will be forced to adapt to the interests of the other and give in, which will negatively affect his self-esteem and relationships in general.
3. A child who was born in an unregistered marriage, with the parents’ relationship not working out, risks being left without financial assistance father and live only on benefits. Do not think that only women face difficulties in unofficial marriage. In a situation where the child’s mother decides to end the relationship with the father, there is another course of events - upon separation, she can prohibit the child’s father from meeting. Proving paternity without marriage will be difficult, because the mother can prohibit DNA testing until the child reaches adulthood.
4. A civil union is a reason for conflict with parents whose moral principles far from open relationship and lack of responsibility to each other.