Many people, as I have noticed, often confuse these two concepts and no matter how much you explain to them, they continue to believe that they are husband and wife. Although women think this much more often than men. Even media journalists often make the same mistake. And people who understand this difference remind such ignorant journalists of this in their comments.
What is cohabitation? Cohabitation, or de facto marriage, or unregistered marriage - often incorrectly called “civil” - a relationship between partners, “spouses”, not formalized in the manner prescribed by law. Civil marriage should not be confused with actual marriage, that is, the cohabitation of “spouses” without registering the marriage relationship. In fact, these expressions are synonymous with each other. After all, civil marriage is official registration relations between spouses by the state body authorized for this purpose - the Civil Registry Office.
Decoding the abbreviation - Civil Registry Office is a civil status record. In a civil marriage, the spouses have a marriage certificate. Some men believe that a stamp in a passport during a civil marriage does not oblige them to anything and does not completely limit their freedom. A woman with whom a man does not want to formalize an official marriage is visited anxious thoughts. They say that if the potential groom loved her, he would instantly propose and they would joyfully go to the registry office that she so desired.
It is no secret that many women strive to be in the status of an official wife, and not a cohabitant. For them, this is a sign of success in society. This desire is provoked by stereotypes that have developed in society. Crossing the threshold of thirty years and being divorced is better than crossing the threshold of thirty years without ever being married, as many girls think.
Why do more and more men do not want to take their beloved to the registry office and try in every way to avoid this? Some men are simply afraid of responsibility. Therefore, they are trying to delay the moment of marriage. In such a situation, a woman needs to let her man know how much you trust him, appreciate his strength, intelligence, what a wonderful husband he can become, how wonderful and happy your life with him will be.
Justified by their desire to test their relationships and feelings for endurance, our youth choose the newfangled concept of “civil marriage,” understood by the older generation as cohabitation. The situation when young (and sometimes not at all young) people decide to live together as one family without registering their marriage in the registry office is very common today.
The young people now live one day at a time and do not think at all about the fact that in the future this could greatly harm their children together. Because cohabitation without marriage registration is a completely false, meaningless state, a path to nowhere. Getting married is a responsible decision that requires a certain moral maturity from both partners. Cohabitation does not require any special obligations and gives a feeling of freedom.
Girls strive to keep their loved one near them by any means necessary and agree to live together and get to know each other better. Cohabitation is very dangerous for women’s mental health; it does not give them the opportunity to realize themselves fully.
Marriages entered into only by civil registry offices are recognized. Common property and its division In relation to the property of spouses who registered a marriage, a legal regime has been established, the essence of which boils down to the following.
Property acquired by spouses during marriage is their common joint property. Such property includes all types of income, movable and immovable property acquired from these incomes, and any other property acquired by the spouses during the marriage, regardless of whose name it was acquired in or which of the spouses contributed the money.
In a marriage, common ownership of property is assumed, but in the case of a “civil marriage” it will have to be proven. Property registered in the name of one of the participants in an open relationship is exclusively his property, and the other half has no rights to such property until he proves that it is common.
And you will most likely have to prove it in court. A common situation is when a person who has lived in a de facto marriage for decades does not receive any rights to jointly acquired property, and the inheritance goes to the heirs of the deceased by law (for example, to children from a first marriage).
This situation often arises when people who already had their own families acquire a new one and do not consider it necessary to register their relationship. Of course, each person has the right to decide for himself what is best for him to do, with whom to live officially or simply cohabit. And no one has the moral right to impose their vision of the problem on him, no one can prevent a person from realizing his dreams.
But still, children need to explain the difference in these concepts - cohabitation and civil marriage. So that they do not make a mistake in life and fall in love, they go to the registry office, and do not build their relationship in such a way that then nothing can be changed. It’s impossible, because time will be wasted and another normal marriage will no longer work out due to the fact that each of the cohabitants will be disappointed in family relationships and will no longer want to tempt fate.
And they marry DIFFERENT people. Or rather, they marry their beloved. They even marry prostitutes and strippers if they LOVE them. And they don’t marry decent people if they DON’T LOVE. There are also virgins who cuckoo alone; men don’t approach them because they know she won’t give her, why waste time and money on her.
And then such old maids, out of desperation, marry the first person they come across, because they are afraid that time will pass. I know someone with moral principles who lived with her mother until she was 30, and then married the first divorced child support worker she came across; she wanted a family. Now she regrets, doesn’t love him, and family budget flows into the first family to children from the first marriage. Still, a woman’s happiness does not depend on the number of men, but on the quality. The main thing is what kind of man is next to her.
That is why there are men with whom women agree to cohabit and sleep, and others whom they marry out of desperation or because their beloved did not marry her. The population census shows that married women more than married men. In most cases, if a woman agrees to cohabitation, she has chosen this man, she already behaves like a wife and spends her time on this man. That’s why he calls himself “wife” and his partner “husband”.
Cohabitants rarely do not want to go to the registry office; cohabitants are often against it. But now there are more and more women who do not want to get married, but just want to live without a man next to them, but at the same time have financial security, that is, to be a kept woman. I was surprised to read that there are also feminist women with whom men do not have sex, but take them completely for their support and such women live almost like queens.
Basically, almost all women want to get married. Although not everyone is happy when they are married and they often have to have sex with their unloved husband. But there are also men with whom women agree to simply date, simply cohabitate, because spending even one night with them is already happiness.
Therefore, there is no need to judge anyone. Everyone chooses their own path and no one has the right to interfere with it. “What you choose is what you reap...”
In the meantime, Russian feminists will receive a gift from Dmitry Medvedev: at a meeting with Valentina Matvienko, the head of government said that on March 8 he would sign the National Strategy of Action in the Interests of Women, which would save Russian women from manifestations of sexism. Taking advantage of the opportunity, Valentina Matvienko also asked Medvedev to sign the one developed according to her initiative National Strategy for Action for Women, which aims to eliminate gender inequality by 2022.
The document contains proposals to combat stereotypes about a woman’s place in modern world, sexism in films and on television, violence in the family and at work, and economic inequality (women now earn on average 26% less than men in similar positions). Orthodox activists and advocates of family values have already criticized Matvienko's Strategy, saying that it promotes the ideas of feminism and erases the traditional role of women in society.
I think getting married officially will be even less common. In 2017, the number of marriages in our country decreased and therefore they propose to equate cohabitation with an official marriage, so that property can be divided equally when cohabitants do not want to live together. But soon there will be no one to even cohabit, because the share of young people is decreasing at a rapid pace, and many have absolutely nothing to share.
Share of those aged 15 to 25 in Russia:
1929 - 21%
1959 - 17.5%
1979 - 18.5%
2009 - 15.4%
2017 - 9.9%.
Share of those under 25 years old in Russia:
1929 - 59%
1959 - 47%
1979 - 40%
2009 - 30%
2017 - 27%.
A man gives only seeds to a woman,
And the woman will do the rest herself.
Love and the fruit itself will sometimes grow,
Well, the man is just sleeping on the couch somewhere...
Civil marriage is a fashionable form of union between a man and a woman in our time, which has both admirers and opponents. What is a civil marriage? Family or cohabitation?
Over the past two decades, there has been a stable trend in society: the number of divorces is increasing, and the number of people wishing to enter into a legal marriage will only decrease. Young people choose a so-called civil marriage, which in fact is a simple cohabitation, rationally explaining this by the desire to first test the strength of the relationship.
However, carried out in different countries studies show that official marriages entered into after people have lived together for some time break up in twice as often than those who were not preceded by cohabitation! But is the previous “trial” marriage the reason for the breakup of families? Or does the problem lie in the decline in the significance and value of the family institution itself?
Family crisis V modern society getting worse and worse. The family is transformed, some of its problems are resolved, others become aggravated and new ones appear. Among trends, indicating a crisis in the institution of the family, the following can be distinguished:
Some experts also consider so-called civil marriages negative indicator and an indicator of an aggravated family crisis.
Disputes and disagreements regarding the acceptability of unregistered legal relationships between a man and a woman do not subside. Opinions radically opposite:
- Unofficial marriage is a kind of preparation, “ marriage school».
You must first live together for some time as husband and wife. This is necessary to test the relationship, in order to be confident in the partner before the official marriage is concluded. After the “trial”, entering into a legal marriage is easier and calmer, since there is confidence that it will not end in divorce, because the partners have already “got used to it.” Why rush to sign at the registry office without getting to know each other well and without realizing that you can trust?
- Unofficial marriage - self-deception.
Cohabitation is an illusion of family. In such relationships there is no main thing - responsibility! A man and woman call themselves husband and wife, but they understand that they are still free. In the event of a conflict (and they happen to everyone), “common-law” spouses would rather separate than start working on the relationship, because nothing is holding them back. In such a “trial” marriage there are no legal rights and obligations.
For example, if a man becomes a father, he will still have to prove his paternity. The cohabitants still have the understanding that all this is “for fun”, it seems serious, but not too much, so they are in no hurry to work on the relationship and build a strong family.
Whatever opinions people hold, the statistics are inexorable - the number of officially unregistered but living together couples is growing rapidly. Why don’t modern men and women rush to the registry office?
Civil marriage - cohabitation?
Today in the post-Soviet space, only one couple out of three chooses a legally formalized union, in Europe and America it is even less common - one out of four. But just a century ago everything was completely different, and the world has changed beyond recognition over the last hundred years.
IN Russian Empire there were no registry offices, people got married in the church and there, in the parish books, the clergy recorded the facts of the creation of families, the birth of children and death. After the revolution of 1917, citizens of the USSR who wanted to legalize relations had to go not to church, but to a special institution - the registry office. This is how civil marriages began to take place.
Civil marriage is a marriage between a man and a woman, registered in the registry office. Thus, a civil marriage is an official, that is, legally formalized, legal marriage. This is a marriage by law and by right.
A civil registered marriage is called as opposed to a church marriage - a wedding. Therefore, a civil marriage concluded in the registry office is also called secular.
It is not entirely clear why cohabitation began to be called civil marriage at some point. Perhaps because people did not take state-legalized unions as seriously as they did weddings? After all, you can only get married once in your life, but you can sign at the registry office as many times as you like.
The fashion for open relationships began around the 60s of the last century. It was then that the concept of “civil marriage” began to be misunderstood and this confusion in definitions continues to this day.
Marriage is a company regulated and registered with advisory boards government agencies a family relationship between one man and one woman who have reached the age of marriage, giving rise to their rights and obligations towards each other.
Thus, those relationships that are mistakenly considered a civil marriage are more correctly called cohabitation.
Because the word “cohabitation” is impartial, lawyers and sociologists sometimes replace it with the phrase “ actual marriage', but people still say 'civil marriage'.
Actual marriage(popularly known as civil) is the joint residence (cohabitation) in one house or housekeeping of two adults who are not related by marriage or family relations, people who have emotional and sexual relationships.
Cohabitation- this is a relationship similar to a marriage, but its form is not legally recognized; it is an unregistered cohabitation of a man and a woman.
Cohabitants do not have the same rights as legal spouses and this can cause many problems. For example, cohabitants do not have the right to division of jointly acquired property in the event of termination of the relationship, the right of inheritance by law and other rights. For the state, people who live as husband and wife, but have not formalized their relationship, are strangers to each other.
Motives for entering into actual marriage
Family– small social group society, the most important form of organizing everyday life, based on marital union and family ties. Family is a need and necessary “habitat” for a cultured person. It is known that married people live longer and, in general, live longer happy life, compared to singles.
Motives for starting a family vary between men and women, depending on age, level of education, occupation, but more often they are based on the following desires:
Couples who start living together actually start a family without informing the state. Most often people do this:
- without higher education,
- those whose parents were not married,
- having negative experience in previous marital relationships.
Most common reasons for non-accession into an official civil marriage, and de facto marriage preferences are:
- testing relationships for strength and finding matches in lifestyle, establishing compatibility in everyday life;
- a sense of freedom, no need to take on traditional responsibilities and stereotypical family roles;
- the opportunity to avoid serious mistakes, protect yourself from risks and disappointments;
- unpreparedness for marriage, but a desire to live with a loved one;
- waiting for marriage registration (when people are going to get married after some time specified by them);
- “rehearsal” of an official marriage without establishing the terms of its conclusion;
- material benefits of living together;
- the acceptability of this type of marriage (people equate cohabitation with official marriage and do not see the difference between them).
Main motive entering into actual marriage – the presence in the partner’s personality of suitable traits and qualities of character that inspire confidence.
It is interesting that the motives for not entering into an official marriage differ between men and women.
Women they are in no hurry to formalize a union with male cohabitants mainly for two reasons:
- checking relationships
- They are waiting for a proposal from a man, but they can’t wait for him!
Men They explain their reluctance to get married for one single reason - they want to remain single, even if they sincerely love and have a positive attitude towards their partner.
It turns out that for a woman cohabitation is an illusion of marriage, and for a man it is an illusion of freedom.
To be or not to be?
Unfortunately, statistics refutes the main argument of supporters of de facto marriages: premarital cohabitation does not guarantee a happy and strong family. Conclusions drawn from numerous studies over the past two decades show that “trial” marriage is an excuse for people who are afraid to take on responsibility and not wanting to part with freedom.
Lovers often say: “The stamp in the passport means nothing, we can live together well without it. The main thing is that we love each other." But what's stopping you from putting a stamp if it doesn't change anything? It's not difficult to do!
People living in de facto marriages have love and awareness of the convenience of living together, but often lack determination accept responsibility for maintaining the relationship and Creation complete family.
The actual husband and wife rejoice at the opportunity to be and live together, take care of, look after, help each other, make love, relax, arrange their home, and so on. They get to know each other better and become close people, but, noticing their partner’s shortcomings, they often find themselves unwilling to come to terms with them.
A person usually does not have thoughts like: “My brother is not suitable for me, I need to find another!”, because a brother is a member of the family. A cohabitant or cohabitant is not yet a family member, so even the most loving, devoted and honest partner may have the thought: “We are not relatives yet. If something happens, you can find someone else.”
It will be useful for a man and woman living together in an unregistered marriage and wanting to understand the relationship to answer the following: questions:
- Am I ready to start a legal family?
- Is my desire to build a happy family sincere and serious?
- Do I understand that to create a harmonious relationship, you need to learn to give in, forgive and overcome selfishness, conflicts and difficulties together?
- Am I ready to take on the responsibility of being with the person I choose for the rest of my life?
- Do I want to live my whole life with my chosen one?
- Perhaps I'm afraid of official marriage? And if “yes,” then what exactly is it that scares me?
- Does my life partner love me? Do I love him?
Whether or not to formalize a relationship is a personal matter for each person. How a particular actual union will develop and whether it will develop into an official marriage will be determined not by soulless statistics, but by a specific married couple.
A society that preaches freedom of choice and a wide range of types of relationships may devalue, make traditional legal marriage unfashionable and make it too difficult, thereby changing the way of life modern family, but each person must understand for himself what constitutes his happiness and how important it is for him to have a strong family.
- J. Gray “Recipes for happy relationships”, “Mars and Venus: how to preserve love”, “Secrets of happy wives” and other books by the author
- S. Covey “7 Habits of Highly Effective Families”
- V. Satir “You and your family. Personal Growth Guide"
- K. Rogers “Marriage and Its Alternatives”
- Yu.A. Druzhinin “Performances” different generations O modern forms marriage and family"
- A. Tolokonin “Secrets of successful families. View of a family psychologist”
- A. Bowman “Long. Happily. Together"
- J. Anderson, P. Schumann “Strategy family life. How to wash the dishes less often, have sex more often and quarrel less.”
- B. Feiler “Secrets of happy families. Male gaze”
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 legislation is based on the need to strengthen the family, build family relations 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 a marriage concluded in the registry office.
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 is a family union without registration 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.
Those couples who did not want (or for some reason could not) enter into a religious marriage were left to live without legal registration of marital relations. In such a case, they 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 “the Russian Republic will henceforth recognize 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 the Russian Empire, the procedure for registering marriage 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”.
Cohabitation between a man and a woman, which is not formalized in accordance with the requirements of modern law, does not establish marriage rights and obligations as 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.
Established ideas about marriage are a thing of the past. And although the so-called “civil marriage”, that is, free, without property obligations, cohabitation between a man and a woman is becoming the norm, people do not fully understand what it is.
In fact, the concept of civil marriage is misunderstood. A traditional, official marriage is just a civil one. It gives spouses, especially the woman - the expectant mother, a feeling of confidence and security. However, adherents of cohabitation (which is popularly called civil marriage) are confident that the seal and stamp in the passport extinguish feelings, since they put “shackles of obligation” on people.
People make their own decisions about what kind of life they want to live. But it would be useful to understand what can be expected from such a marriage. You also need to be well aware of the consequences of breaking up the relationship.
What is considered an official marriage?
The Family Code of the Russian Federation indicates character traits union of a man and a woman:
voluntariness;
freedom of choice;
equality;
monogamy (monogamy).
This document indicates how the marriage is officially registered (clause 2, article 1 of the UK). This is what the registry office is for. After marriage, the state guarantees:
its universal recognition;
protection;
respect for certain rights.
Significant differences cohabitation from official marriage
The law states that the mother’s husband will be recognized as the father of a child born in marriage (Clause 2, Article 48 of the Family Code). However, a child may be born in special situations:
after divorce;
After my father's death.
In order for the spouse (former or deceased) of the mother to be recognized as the father of the child, the baby must be born no later than 300 days after the divorce or death of the father. There is a presumption of paternity in effect. In other words, a man is recognized as the father by default, although he has the right to file a lawsuit asking not to recognize him as the father, since the child is not his own.
Similar circumstances during cohabitation are regulated by clause 2 of Art. 51 SK. If the child was born out of wedlock, you will need:
cohabitants submit a joint application to recognize the man as the father of the child;
father to submit a statement of similar content.
Let’s say the “common-law husband” (simply a cohabitant) does not want to submit such an application. Then at the registry office the illegitimate child receives the mother’s surname. She will be entered in the column where the father's last name should appear. The mother chooses the name. The middle name is also chosen according to the personal preference of the mother.
However, a man can prove his paternity. The results of genetic testing are presented to the court as evidence. Eat life situations when required.
Property division
It is worth noting that in an official marriage, spouses have jointly acquired property. It is common property unless a marriage contract has been drawn up, which has its own nuances from the point of view of the law.
By general rules doesn't matter:
that only one of the spouses, who worked or had other income, contributed money to the family budget;
that the property is registered in the name of one spouse.
And yet, sometimes it is necessary to divide property not only during a divorce (which is natural), but also during a marriage, in order to make the marital relationship more comfortable. By the way, property can be divided within 3 years after a divorce.
Article 35 of the Family Code (clause 1) indicates that mutual consent of the spouses is required in order for joint property to:
own;
dispose of;
use.
If one of the spouses independently manipulates the common property, the other spouse has the right not to recognize the legality of these actions. But in case of cohabitation, the property is owned by the one who acquired it (clause 2 of Article 218 of the Civil Code). As evidence you can present:
checks;
other documents confirming the buyer’s identity.
In this case, it is very difficult to prove that the other cohabitant also contributed a certain amount to purchase the property.
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 interpreted in several senses. All of them will be discussed. Otherwise, you can 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? About all the features of a civil marriage - further.
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:
- 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.
- All issues regarding paternity and maternity, raising and educating children, managing household life and disposing of property acquired during marriage occur by mutual consent. These topics are resolved taking into account the equality of citizens.
- 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.
- 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 all of the previously listed are not the only features. The Family Code contains many important rules regarding civil marriage. To 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 with the help of a 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
A common-law wife or husband can recognize personal property (usually real estate) as common 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, as a rule, is not recognized as 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 a common-law husband or wife from a previous relationship are stepsons and stepdaughters. They are not considered relatives of the next spouses. The new wife has no rights or responsibilities for raising a child.
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. At the same time, a woman usually performs all the functions of a real wife - she 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 difficult 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 it. 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 legislative framework These concepts have huge differences. And you need to remember: only officially registered relationships give spouses certain rights and responsibilities!
