Actual marriage family code. What is a civil marriage: definition and explanation. Personal and general

IN Lately You can increasingly hear concepts such 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 last 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 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 officially registered in the registry office marriage ties, but did not undergo 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 very long time ago, back in the days when marriage was formalized exclusively by church rules, that is, until 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 authorities. 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 a legal point of view 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?

On this 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 Russian Federation Currently, only one out of three couples officially consummate their relationship, and in European countries it’s 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 great way avoid serious life mistakes, so to speak, to conduct a rehearsal before concluding official relations. 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 mature age who have already tried it for themselves family life and being disappointed in it is a way to protect yourself 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 registration authorities civil status, then the child automatically received his father’s surname at birth, and the husband and wife immediately became recognized as parents.
3. When cohabiting, a man can get into unpleasant situation: After a relationship ends with a child's mother, there can be a lot of problems 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 there will be a conclusion marriage contract, where you can provide for all the rights and obligations of each party, and protect yourself in case of separation.

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 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 spouses and children, which is not the case 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 conclude a marriage contract, which determines 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. Common-law wife legal wife is not.

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 drag on for many 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 alimony 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 property legal spouses who have decided 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 us 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.

What to give definition of civil marriage!? Cohabitation, not official relations, or maybe official - but without a wedding!?

The sexual revolution took place not so long ago, but men almost immediately realized that it was no longer necessary to marry a woman in order to sleep with her. At first the girls were quite happy with this arrangement, but very soon they realized that open relationship Only men win, but everyone still wants to get married. This is how the conflict called “civil marriage” was “born”.

A civil marriage is an open relationship between people who are simply comfortable living together, for example, during a period of study at university or an internship. This is one of the forms of personal life, many believe. After all, divorced and already married people consider civil marriage an alternative to the official one. Indeed, they are disappointed in official marriage, they do not want to take risks and rush, and they strive for a freer relationship.

Civil marriage creates a certain feeling of freedom for two people. He “kills” stereotypes, for example, such as “a woman is the keeper of the hearth, a man is a hunter,” and it is not necessary to communicate with all relatives and try to please them all. In a civil marriage, many see an opportunity to experiment..

Civil marriage is effective method According to young people, one cannot make major mistakes in life. Therefore, modern young people choose a civil marriage in order to “rehearse” before entering into an official one. Most often in such cases, young people give themselves a year to rehearse. During this time, relationships that cannot be tested in any other way are tested: everyone’s attitude towards their partner’s habits, compatibility of lifestyles.

Civil marriage is an opportunity to take a closer look, think through everything, and get used to your partner.

And in Russia, the definition of civil marriage has already been clearly established - it is a close relationship between a man and a woman, not legalized in the registry office. But on current legislation civil marriage means an officially registered marriage. It turns out that Russian legislation and ordinary citizens different understanding civil marriage. When people define civil marriage, they mean “de facto family” or “cohabitation.” And cohabitation is Cohabitation heterosexual people outside of marriage.

Russian civil marriage has very important feature- children born in a civil marriage have exactly the same rights as those born in a registered marriage. That's why alimony obligations, according to Article 53 of the Family Code of the Russian Federation, arise in a similar way. But, in a civil marriage there is no presumption of paternity of the spouse, i.e., the rule according to which the father of the child is born of a woman who is in a registered marriage is recognized as her husband. In a civil marriage, paternity must be recognized by submitting a personal application to the registry office. If the child’s father is recorded only from the words of the mother, then, as practice shows, paternity will have to be proven in court.

What is civil marriage? Division of property in a civil marriage: definition of a civil marriage in the Family Code of the Russian Federation, the concept of jointly acquired property in a civil marriage, what rights a father has to a child

When the expression “civil marriage” is used in conversation, the speaker can mean both secular marriage and cohabitation. In this case, both concepts will correspond to the term we mentioned. For the purposes of this article, we will be interested in how civil marriage is defined in the Family Code of the Russian Federation in 2018. We will also give a definition of what jointly acquired property in a civil marriage is, and how property is divided in a civil marriage. In addition, in our article we will define the rights of a father to a child in a civil marriage.

(click to open)

Civil marriage in the Family Code of the Russian Federation in 2019

Division of property in a civil marriage

Joint property

Division of unregistered property of an informal married couple

If purchased by cohabitants is not recorded as common property, dividing it may not be at all easy, especially if the issue cannot be resolved in an amicable way. In this case, only contacting courts with a claim for recognition of the right of common shared ownership and division into shares; on the allocation of a share from the common property.

To confirm in court the fact of running a joint household and purchasing property, you need to prepare the following evidence:

• cohabitation (timing, seriousness of intentions); joint farming ( joint budget– joint income and expenses);
• joint purchase of property (confirmation of purchase, calculation of total income and expenses in the bank when receiving a loan,

Under a civil marriage in modern society understand the free relationship of a man and a woman living together. This form of relationship has become so ingrained in society that most modern young people do not seek to go to the registry office and register a marriage. Open relationships have features that you should definitely know about.

What it is

The term "civil marriage" in Russian legislation does not exist. IN judicial practice the concept of actual marriage took root.

In addition, the concept of cohabitation is used, which has received a clear negative connotation and does not quite correctly convey the essence of the relationship between spouses in a civil marriage.

The main document that regulates relations between relatives is the Family Code of the Russian Federation. It defines family as a union of a man and a woman, as defined by the Civil Registry Office, or registry office.

Since in a civil marriage a couple does not sign at the registry office and does not have stamps in their passports, a man and a woman from the point of view of the law are not husband and wife, that is, they do not become close relatives. The RF IC does not regulate relations between them.

Meanwhile, millions of people today live precisely in civil marriages, which have all the signs of a full-fledged family:

Civil marriages can last for years, while official ones often break up within a year of marriage.

Nevertheless, it is common-law spouses who face big amount bureaucratic, and most importantly, legal problems, since from a legal point of view their relations are not subject to regulation by law.

Lack of mechanisms in legislation legal regulation Civil marriages have more than once become the subject of initiatives by individual legislators.

But the law on civil marriage in Russia has not yet been adopted. Moreover, it is believed that the adoption of such a law is inappropriate, since it will introduce family disputes unnecessary confusion and discrepancies.

Thus, at the moment, the legal regulation of such social phenomenon, as a civil marriage, does not exist in Russia.

Who falls under the category

Separate articles of the Family Code are devoted to the list of persons who are considered relatives. There are at least seven such related lines in total. Close relatives are spouses, their children, parents, sisters and brothers.

The inner circle includes grandparents, aunts and uncles. Even adopted children are, by law, the same close relatives as their own children, and are endowed with the corresponding rights.

But common-law spouses, or cohabitants, do not fall into any of the related categories. They remain legally strangers, despite having common children and raising them through common efforts.

Moreover, to issue parental rights, the father of a newborn has to make certain efforts to prove.

Relations between spouses in a civil marriage are regulated by general principles according to the Civil Code of the Russian Federation.

That is why the differences between the official and unofficial family are cardinal:

IN civil family relations between spouses are based on personal agreements, trust, moral principles. In case of any disagreement, there is hardly any hope for justice.

Therefore, it is necessary to either legalize the relationship or take measures to prevent possible troubles.

The legislative framework

The procedure for concluding an official marriage is prescribed in:

The rights of the child, regardless of the relationship between his parents, are guaranteed:

Definition family relations and the order of relationship is given in:

Kinship is also determined:

Establishing kinship through the court is regulated by:

Responsibilities of parents in relation to common child installed:

Recognition of paternity is carried out on the basis of the provisions of the Civil Procedure Code of the Russian Federation. In particular, the lack of DNA testing cannot prevent the establishment of paternity if there is other evidence.

The concept of civil marriage

The difference in interpretations in the definition of what civil marriage means is explained by the existing historical parallels between the concepts of church and secular marriage.

The fact is that a hundred years ago only church marriage was legally significant, that is, legal.

An innovation for that time, caused by revolutionary sentiments, was an entry in civil books that a couple declared themselves husband and wife.

The refusal to get married was a consequence of the spread of an atheistic worldview, and a kind of agreement between a man and a woman was called a civil marriage. It had no legal force.

After the establishment of a secular state in Russia, on the contrary, weddings were abolished, and recording in civil documents became the main form of regulation of marriage relations.

That is, that same civil marriage was legalized. Another thing is that this term is not assigned to legal marriage.

Today, civil marriage is understood, as before, not as a legal union of spouses, but as cohabitation.

The fact is that with this form of relationship there is no main feature legal marriage- it is registered through the registry office, and therefore, from the point of view of the law, a family is not formed.

And yet, it is in civil marriages that almost half of the total population of not only the Russian Federation, but also other European countries lives.

However, while European legislation has mechanisms for regulating this kind of relationship, Russian legislation does not have them and will not appear in the near future.

Today it is considered quite normal to start a family with the so-called relationship test. Indeed, this is very convenient if people are not sure about their future together, as it eliminates a lot of formal hassle.

However, there are also pitfalls that can negate all the advantages of an open relationship and bring people a lot of grief.

Therefore, before you decide to serious actions, for example, buying a home or having a child, common-law spouses need to weigh the pros and cons.

What does it give to spouses?

Civil marriages have undoubted advantages. This type of relationship gives the couple the opportunity to try themselves in the role of spouses, to see if they can establish a comfortable life together.

Feelings are fleeting, and the quality and duration of marriage ties largely depend on psychological, cultural, ideological compatibility.

Civil marriage gives people certain opportunities:

Actually, on this positive points are ending. Obviously, a civil marriage makes sense if the “rehearsal” does not drag on for long.

Otherwise, one of the spouses will sooner or later find themselves in a vulnerable position, since the family requires maximum mental and material return.

This means that questions will inevitably arise about the birth of a child, the acquisition or expansion of housing, or the purchase of expensive property.

All these issues require special study in a civil marriage, since there are no responsibilities or rights between spouses and each other.

If the law obliges official spouses to support each other, provide financial support for different stages life, to pay, then there is nothing of this in relation to a civil husband and wife.

No performance requirements marital responsibilities simply doesn't exist.

A peculiarity of such a marriage is the impossibility of entering into a marriage to spell out all the intricacies of family relationships. This is impossible, since marriage in the usual sense simply does not exist.

The solution to the problem could be an agreement:

• on joint use of common property;
• on the allocation of a share in the acquired real estate;
• on the implementation various kinds payments, etc.

Such agreements can be concluded between citizens of the Russian Federation who are not related to each other. In this case, common-law spouses can go to court on a general basis to protect their interests.

If you have children

The appearance of a child in a family of common-law spouses has a number of features compared to the birth of a child in an ordinary family.

In the latter case, the newborn will be automatically registered in the surname of the spouse of the woman in labor, who will officially be considered the father of the child.

At the birth of a baby unmarried woman Civil registry office employees will rely on official papers when issuing a birth certificate.

The absence of a marriage certificate and a stamp in the passport is the basis for recognizing her as a single mother. A woman should contact the registry office with a certificate of discharge from the maternity hospital.

Since there is no official spouse, the newborn will be registered under the mother’s surname, and a dash will be placed in the “father” column. To prevent this from happening, the baby's father must go through the procedure of establishing paternity.

The simplest option is the following:

If applications are submitted jointly, registry office employees will carry out a formal procedure for establishing paternity and issue a regular birth certificate. Moreover, parents have the right to decide under whose surname the child is registered.

Without the father’s statement, the child is given the mother’s surname, a dash is placed on the birth certificate, or a note is made about the father with the wording “according to the mother.” This means that the baby does not officially have a father.

How does this threaten the common-law spouse and her child? There are two main points:

The mother can go to court to prove actual paternity, but this is a very lengthy and morally difficult procedure. It also comes with financial costs.

In addition, the court cannot oblige a man to conduct medical examination on DNA to establish paternity, so the court's decision is a big question.

The mother will need to provide other comprehensive evidence to qualify for child support.

Irresponsible couples often ignore the need to properly prepare documents for the baby. Thus, the woman puts herself in a very vulnerable position.

What difficulties might you encounter?

There are many difficulties faced civil husband and wife. First of all we're talking about about various bureaucratic delays that are associated with the lack of official kinship.

Problems may arise when a child is kindergarten or school, on vacation, when buying tickets or travel packages.

But the most unpleasant thing is ordeal can expect a civil union after its breakup.

Most common difficulties:

1. Property division.
2. Housing section.
3. Inheritance.
4. Payment.

A civil marriage does not have legal force, therefore, in the event of its dissolution, all property goes to the spouse for whom the documents were drawn up. He keeps for himself everything that has been acquired over the years of life together.

If, when official spouses divorce, their property is divided in half, then there is no such law regarding cohabitants. The only way out in such a situation, through the court, recognize the property as common, and only then try to divide it.

The sequence of actions is as follows:

If a woman was busy giving birth and raising a child, and the common-law spouse took out a mortgage and registered the apartment in his own name, then when they separated, it would be the mother and baby who would be left on the street.

In a civil marriage there are no obligations, and the husband or wife can simply leave the cohabitant, leaving him to his fate.

Video: civil marriage

Main nuances

In an official marriage, the property of the spouses is recognized as common, in a civil marriage – separate, until something else is proven. This can only be done through a trial and the provision of a large, comprehensive evidence base.

In judicial practice the term “actual marital relations"as a replacement for the everyday definition of "civil marriage". Cohabitation in the Russian Federation is not regulated by law.

The woman and her child are in the most vulnerable position, and here’s why:

However, in relation to common children, all guarantees remain the same. If paternity is officially recognized, then both parents bear equal responsibility for the child.

Therefore, a break in the relationship cannot mean a worsening situation for the child. material conditions. The father is obliged to pay alimony for his maintenance.

A woman can prove paternity without the desire of her common-law spouse. Even if he refuses a DNA examination, you can collect other evidence - letters, notarized scans of correspondence on social networks, SMS messages, etc.

If paternity is proven, common-law spouse an additional right appears - in the event of the death of the father, not only to ensure the inheritance, but also to receive benefits for the loss of a breadwinner.

Civil marriage in the Russian Federation has its own characteristics. Despite the prevalence of this form of relationship in modern world, it may cause legal problems.

To avoid this, you need to correctly process purchases, loan agreements, and documents for the child.