Since what time has civil marriage been established? What is a civil marriage? Motives for entering into actual marriage

In modern society, registering a marriage is not considered a necessary condition for starting a family. Many people live under the same roof for a long time and believe that the very fact of living together is the basis for recognizing their relationship as legal. This opinion is wrong. Let's define civil marriage and figure out what the correct name for a legal union is.

The concept of civil marriage and cohabitation from the point of view of law

IN lately the concept of “civil marriage” is applied to the union of two people who have not registered their relationship with official bodies. This definition was first encountered in the 19th century, when the authorities recognized only relationships concluded according to church canons. Living together without a wedding ceremony was called a civil marriage.

Some lawyers now use the concept of civil marriage to refer to an informal union of two persons. From the point of view of the law of the Russian Federation, in this case the expression “civil marriage” has the same meaning as cohabitation.

However, cohabitation has a broader definition. This term refers to the cohabitation of two or more persons in the same living space. At the same time, people do not like to be called cohabitants, so they prefer to use the concept of “informal or civil union.”

Definition of legal marriage according to the Family Code of the Russian Federation

Cohabitation is called de facto marriage. In fact, none of these definitions apply to officially recognized relationships. According to the Family Code of the Russian Federation, only marriages that are concluded in the registry office are recognized. There are no other forms of marriage for the law.

In everyday life, a registered relationship is defined as a legal or official marriage. For the convenience of readers, we will use in the article terminology familiar ordinary citizens. That is, a registered union is an official or legal marriage, cohabitation is a civil or de facto marriage.

Difference between de facto and legal marriage

Since actual marriage is not recognized by law, then legal relations couples are regulated not by the Family Code, but by the Civil Code. In this regard, citizens face difficulties when resolving various issues. Let's consider the difference between a legal union and an illegal one in terms of aspects family life.

Birth of a child

According to the legislation of the Russian Federation, a child born in an unofficial marriage has the same rights as children born to a registered couple. However, there are a number of nuances that his parents should take into account.

When a child is born in a civil marriage, the law defines the mother as the only parent. To register the father of a child, a special form has been introduced, which requires the presence of both parents at the registry office. The father writes a paternity statement. If he does not do this, then the mother will have the status of a single mother. According to Article 48 of the Family Code of the Russian Federation, the fact of paternity is proven through the court.

According to the Code, the court will accept any evidence of paternity, but genetic testing is carried out with the consent of the father. A man can also sue to recognize parental rights to a child. To conduct the examination, it will be necessary to obtain the consent of the mother or child upon reaching 18 years of age.

In the case of a registered relationship, the mother registers the child with her husband without the parent’s application. If a civil marriage breaks down, the child’s place of residence is determined by agreement. If agreement cannot be reached, the decision is made by the court. In this case, the same rules of Family Law apply as in the case of a divorce of an official couple.

The registration of child support in the event of a break in a de facto marriage also differs. This is possible only after the court recognizes the fact of paternity. If the parents were in an official relationship, this procedure is easier.

Property issues

The property rights of spouses without a stamp in their passport are not protected by the Family Code. Proving the fact of jointly acquired property is possible only through the court. In this case, the relations of the spouses will be regulated on the basis of the Civil Code.

All common property of civil spouses is divided according to contractual relations. If a home or car was purchased during a de facto marriage, but is registered in the name of one spouse, it legally belongs only to him. It will be difficult to prove the fact that another family member participated in the purchase.

When making property transactions, unregistered spouses should register shared ownership. As you know, the official spouse can only complete transactions for the sale of housing with the consent of the other half. In the case of civil relations, property is taken away without the consent of another family member.

In practice, it is difficult to prove the fact of common ownership. We need evidence of joint purchases and common life. In this case, the property is not divided in half, but according to the contribution of each spouse. Sometimes court proceedings on the division of marital property last for years. To prove shared ownership in court you must present:

• checks and receipts for purchases;
• correspondence on paper or electronic media, which confirms the share acquisition by the defendant himself;
• testimony from neighbors, friends or relatives.

Thus, the difference between the property relations of actual and legal spouses is enormous. The insecurity of the former is one of the reasons that forces people to consolidate their relationships in the registry office.

Debt obligations

Responsibility for paying off debts in an official marriage lies equally with both spouses. When collecting a debt that was taken out before marriage, the property of the spouse acquired before marriage and half of the joint property are subject to confiscation. In a civil union, all property located on the debtor’s living space is confiscated to pay off the debt.

This means that the common-law spouse may lose all common valuables and personal belongings, the right to ownership of which he cannot prove. An unregistered marriage does not provide for joint debt payments. If, for example, a mortgage was taken out during cohabitation, the spouse for whom it was issued is obligated to pay it.

Right of inheritance

According to Russian legislation, after the death of one of the registered spouses in the absence of a will, the second spouse, children and parents have the right of inheritance in equal shares. In the case of civil relations, you can inherit property only if there is a will. However, even in this situation, part of the values ​​will be distributed between minor children and disabled parents of the deceased.

Children who were born in a de facto union and whose paternity has not been confirmed do not have the right to inherit. The right of inheritance of such children and spouses will need to be proven in court, and this is extremely difficult to do. If there is a joint child, it is usually easier to prove the right of inheritance.

All the pros and cons of an unofficial union

Young people who live in an unregistered union explain their reluctance to go to the registry office with progressive views. In practice, refusal to legally confirm a marriage is explained by fear serious relationship. As a rule, women in civil marriages consider themselves wives, and men consider themselves bachelors.

There are arguments in favor of an unregistered union. Elderly people sometimes find a new spouse after the death of their spouse. However, children from the first unions are against registering their marriage. Actual marriage for such people is an opportunity to create new family without conflicts with relatives. The advantages of an informal union include:

• quick divorce in case of a new relationship;
• the opportunity to test feelings in everyday life;
• accumulation of material assets before the official consolidation of marriage;
• no need to divide property purchased with the personal savings of one of the spouses.

There are many more facts against informal relationships. First of all, this concerns the legal vulnerability of citizens. There is also a moral side to such relationships.

People of the older generation often come into conflict with their children because they cannot understand their reluctance to put a stamp in their passport. Negative aspects of civil marriage include:

• features of registration of joint children;
• misunderstandings on the part of official organizations;
• impossibility of concluding a marriage contract;
• difficulties of inheritance and division of property;
• lack of the right not to testify in court against a spouse;
• According to the law, a civil marriage cannot be recognized by the court without registration in the registry office.

You cannot prohibit a person from refusing to formalize a relationship. People live happily in unregistered marriages for many years. However, sometimes situations arise when a frivolous attitude towards an alliance becomes a problem. The reluctance of one of the spouses to register the union in the registry office may mean that he does not want to build a long relationship with his partner.

The phrase "civil marriage" in recent years is used very often, and the person pronouncing it can mean a variety of things: from a secular marriage, an officially registered family union to actual cohabitation.

Oddly enough, all this is really true, since civil marriage is a multi-valued concept.

Misconceptions about civil marriage

First of all, it is worth saying that in Russian legislation, a registered marriage between a man and a woman is understood as a civil legal marriage (also known as secular). This is due to the fact that the Family Code is the main legal act regulating legal relations related to the family, the procedure for concluding and dissolving a union, the rights and obligations of spouses, parental relations, etc., relates to civil law and any ordinary marriage under the Family Code - civilian.

Since the church is in Russian Federation According to the Constitution, it is separated from the state, church marriage, which occurs after the wedding ceremony (or the corresponding ceremony in other faiths), is not mentioned in the legislation at all.

Thus, a family union registered in the prescribed manner through the civil registry office is called the only “official” marriage in the Russian Federation (i.e., from the point of view of the law, a civil marriage is official).

At the same time, very often they are called unregistered ones. but essentially a family relationship.

Most often, in everyday use, the concept of “civil marriage” refers to actual family relationships (cohabitation, housekeeping, support, etc.) between men and women, without official registration (registration). In another way, such relationships are called cohabitation, less often - de facto or marriage without registration.

Any of the above definitions has the right to exist, since it denotes a permanent relationship, although without registration through the registry office. However, it should be remembered that only a registered union is properly protected by the law, and cohabitation is not regulated in the Family Code.

Civil marriage, marriage without registration, cohabitation, actual marriage - differences

The ambiguity of the everyday definition of “civil marriage” is understandable historically: until 1917, relationships had to be registered in the church, it was almost impossible to dissolve them, in contrast to this, cohabitation without a church ceremony was called “civil.”

The official regulation of family relations by religious norms is a thing of the past, but the understanding of a “non-church” union is still associated with the civil union of a man and a woman.

Despite this, in modern conditions Many of us, having heard about a family union called a civil marriage or cohabitation, a marriage without registration, understand that we are talking about an unregistered marriage, not registered in accordance with the legislation of the Russian Federation. From the point of view of a lawyer, given the freedom of citizens to enter into or not enter into family relationships, such marriages have a right to exist, although in this case they are not regulated by the norms of the Family Code in the same way as registered ones.

What does the Civil Code of the Russian Federation say?

Neither the Family nor the Civil Codes provide a definition of official marriage, although they understand it as a legally registered union of a man and a woman, concluded voluntarily, with the aim of creating a family, giving rise to the corresponding legal relations: the rights and obligations of spouses (both personal and property).

Actual relationship (without legal registration) can be quite long-term, with running a joint household and raising children, but they are not considered family relationships and are not protected by the state to the same extent as official ones (according to the RF IC).

A common-law husband is simply one of the partners in an informal couple, just like a common-law wife.

Whatever the name of unofficial unions, actual family relations are not formed in them, and such relations are regulated by the Civil Code of the Russian Federation. The difference in the position of partners under the Family and Civil Codes is great.

In this case, the property is not the joint property of the spouses., but belongs to the person to whom it is registered. To prevent disagreements, it is possible to register it as shared ownership (with the definition of shares).

The division of property of cohabitants is associated with complex procedures for proving cohabitation, contributing funds to purchase property, etc.

The rights of children born in such unions are regulated on a general basis, but it is necessary that the father recognize the child (this is done immediately upon registration, or later). Otherwise, the mother will have the status of a single mother.

What is a de facto marriage?

Civil marriage or cohabitation, when it lasts long enough, is often also called de facto marriage. However, neither the RF IC, nor the RF Civil Code, nor any other legal act contains the concept of actual marital relations, so there is no reason to single out this concept as an independent definition.

De facto marriage is a household term for couples living together who, of their own free will, have chosen the option of living without registering the union with the registry office.

In January 2018 in State Duma a bill was introduced that would give official status to this concept and would equalize the rights of people who have registered their marriage with documents with those who simply cohabit (for more than five years), but this proposal did not find support among either senators or deputies.

Pros and cons of cohabitation

Cohabitation is a very common phenomenon: according to various estimates, from 1/3 to 40% of couples prefer not to register officially. This is especially common among young people who prefer to first learn and get on their feet before starting an official family. In addition, many consider the advantages of a civil union:

• Maintaining the status of a free person while actually running a joint household and enjoying the comforts of family life;
• Property is not joint, being in the ownership of the one who acquired it;
• There is an opportunity to form a material base for the future: complete your education, devote yourself to building a career, etc.;

In some cases, the reasons for a couple living in a civil union are negative family experiences of parents or loved ones, reluctance to have and support children, or indifference to the fact of marriage in general.

The family life of unregistered spouses also has negative aspects:

• In the eyes of the law, they are not spouses, therefore there are frequent misunderstandings in official bodies and institutions;
• Inability to inherit property after a deceased partner, except by will;
• The procedure for recognizing paternity of children born in such a union (or single parent status);
• Complex division of acquired property (according to the norms of the Civil Code, not the Family Code);
• You cannot conclude a marriage contract (agreement).

Actual family alliances have both supporters and opponents, but in general, society is loyal to such relationships. The civil family is a frequent phenomenon of modern life.

Whether to register or not is a purely personal decision of the man and woman, but it should be remembered that the resolution of controversial issues, if any arise, will take place according to the norms of the Civil Code of the Russian Federation, since civil marriage does not fall under the jurisdiction of family law.

In Russia, an increasing number of couples are in no hurry to register their relationship right away; they just want to live together for a certain time to try living together, take a closer look at each other and only then decide whether they need an official marriage.

This is explained by the fact that divorces make up a fairly large percentage in the country. But such relationships do not oblige the man and woman to anything, and you can separate without consequences if the couple does not work out.

Cohabitation or civil marriage has recently become more and more popular. This is a close relationship between two people, not registered in the registry office.

The phrase “civil marriage” itself, in accordance with current legislation, means an officially registered marriage.

But in Russia there is an incorrect understanding of this term. It is understood as a de facto family or cohabitation. Therefore, it is important to understand what civil marriage and cohabitation are, and whether there is a difference between these concepts.

Story

IN modern world many believe that a man and a woman living in the same residential area without official registration relationship in the registry office - this is a civil marriage, they do not know how a civil marriage differs from cohabitation.

But even before the beginning of the last century, in Russia, as in many other countries, all issues related to marriage, birth and death were recorded by the church. There was simply no other way.

It was not until the early 20th century that government agencies were created specifically for civil registration. Registration of marriages was also within their competence. In some countries, marriage can still be registered both in the registry office and in the church.

In Russia, a marriage that is registered in a church is called a wedding. It does not carry any formal agreement.

Whereas the relationship registered in the registry office is a civil marriage, which is under the protection of the state. It is regulated by the Family Code of the Russian Federation.

The term “civil marriage” has become quite popular in various discussions of family situations. Often this phrase is used to denote marriage relationships that are not officially registered.

Thus, we can conclude what civil marriage and cohabitation are. A civil marriage is a legal, registered marriage.

And living together outside of an official marriage, which is not sealed, has such a name as cohabitation.

Neither property nor personal rights in such a union are protected by law. Family law recognizes only those couples who have entered into an official marriage.

Practice shows that unofficial marriage has many advantages. The main ones are:

In Russia, like in no other country, the patriarchal traditions of the past are preserved. Civil marriage is not the last place in them.

Of course, in the modern world, people who decide to live together without registering their relationship with the registry office do not face strong condemnation in society.

But even in 2019, such a family model as cohabitation has many disadvantages. The main ones:

Practice shows that couples who have a positive attitude towards premarital life together are less responsible. Therefore, after registering a relationship, some people believe that cohabitation and civil marriage are the same thing.

According to statistics, staying in an unregistered relationship for a long time has a negative impact on subsequent marriages.

A married couple that already has negative experience of living together, more often than others, has a desire to dissolve the official union.

In moments of decreased feelings and affection, people break off relationships that, under other circumstances, could be preserved.

Cohabitation changes the attitude of partners towards the official union and the prospects for marriage stability decrease.

A civil marriage in Russia is a marriage between partners, which must be officially registered with government agencies. Many people make the mistake of thinking that civil marriage is the same thing as cohabitation.

Therefore, the question of what the similarities and differences between these terms does not lose its relevance. But no matter what they call the residence of a man and a woman in the same residential area before registering a marriage, the essence remains unchanged - this is illegal cohabitation.

Trying to give some kind of status to such relationships, cohabitation is called a civil marriage. But this does not give them any legal force.

In accordance with the legislation of the Russian Federation, civil marriage differs from cohabitation in that it represents the official registration of the relationship between the spouses by the relevant government body.

Cohabitation is a man and a woman living in the same residential area, without formalizing a formal union.

In the modern world, most couples call unregistered relationships a civil marriage. But from a legal point of view, this is wrong. Since a civil marriage must mean a marriage registered in the registry office without the participation of the church.

It is important to understand the difference and consider the disadvantages of cohabitation. Since in the event of a breakup, the woman and child may be left without financial assistance and alimony.

In addition, according to statistics, single mothers and fatherless children often appear in unregistered relationships.

People who live for a long period in the same territory and have acquired property may inherit absolutely nothing after the death of one of the couple. Therefore, it is worth thinking about the feasibility of such a relationship.

It is much safer to legalize your relationship, especially before the birth of a child.. Then there will be no problems with the division of property and establishing paternity.

Civil marriage - what is it according to the Family Code of the 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 relationships on feelings of 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, 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 their cohabitation, or the right of inheritance in the event of the death of a cohabitant.

Soon 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 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”.

Cohabitation of a man and a woman, which is not formalized in accordance with the requirements of modern law, does not establish marriage rights and obligations 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.

There has long been such a thing as civil marriage.

This definition quickly became part of modern society and today, according to statistics, about 65% of people around the world do not plan to legalize their relationships and prefer to live in such a marriage.

Cohabitation, unregistered marriage, civil marriage, unofficial marriage - what is what

Over the past few years, fewer and fewer people decide to tie the knot in a registry office.

If we talk about the very definition of “civil marriage,” then this is the cohabitation of people who are in a relationship. At the same time, they run a joint household, buy movable and immovable property together, but they do not have a stamp in their passport.

Popularly, civil marriage is called cohabitation. But this is a little different. The fact is that when people cohabitate, they have few common interests; they just live in the same living space.

An “unofficial” or “unregistered” marriage is more suitable for a civil marriage.

Today, civil marriage has the following advantages:

• young couples living together can test the strength of their relationships in everyday life;
• freedom. Often there are couples living in civil marriages in which each party loves freedom and is afraid to register their marriage due to the fact that it obliges them in some way and there is responsibility to their other half;
• joint housekeeping allows you to find out how comfortable a couple is living together.

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

Civil marriage

Couple cohabitation and management general economy is not taken into account by the court when resolving any issues if necessary, since the current legislation does not provide for the determination of the share of spouses.

And without this, it will be impossible to divide the property in such a couple with the help of the court.

In a word, if a car purchased jointly is registered in the name of a spouse, then if the relationship breaks up, it goes to her and the “common-law husband” has no right to claim it.

Official marriage

If we talk about official marriage, then everything is much simpler. The Family Code of the Russian Federation determines the rights and obligations of each family member. Moreover, if necessary, the division of property will take place according to the law, and it does not matter to whom the movable or immovable property is registered.

During the divorce process for officially registered couples, all property is divided equally, sometimes the largest part goes to the one with whom the joint child remains.

When did the concept of civil marriage appear?

The definition of “civil marriage” began to be used before 1917. At that time, all marriages were concluded directly in the church, and it was impossible to break it off as it is now.

At that time, only marriages that took place in the church and nowhere else were recognized; from the moment the churches separated, the state authorities introduced such a concept as “registration of relationships.”

It was during this period of separation of church and state that the concept of civil marriage began to be used, as everyone perceives it in the modern world. That is, if there was a wedding in a church, but there was no registration itself, at that time it was considered a civil marriage.

On the territory of the Russian Federation, civil marriage became popular after the collapse of the USSR. During times Soviet Union, a couple who lived without registration in the registry office was considered dysfunctional, and therefore everyone was ashamed of it. But now everything is different, and now it is even fashionable.

According to statistics, every third couple prefers to live in a civil marriage rather than live with a stamp in their passport.

If we talk about the Family Code of the Russian Federation, it recognizes only those marriages that are registered with the registration authorities (registry office). Moreover, all rights and obligations of official spouses arise immediately after the conclusion of a marriage union (Article 10 of the Family Code of the Russian Federation).

If the marriage is official, the spouses can independently determine the fate of their movable and real estate in a contractual manner or not to sign this agreement at all and leave everything as is.

In the event that they do not have a prenuptial agreement, in the event of divorce proceedings, it will be divided according to current legislation. In particular, this procedure is regulated by Chapter 7 of the Family Code of the Russian Federation.

As the Constitutional Court notes, legal regulation of family relations can be carried out exclusively by the state, which today does not recognize such a thing as civil marriage.

It is worth emphasizing that cohabitation does not entail any legal consequences for both parties.

But there is a small exception. Civil marriage is recognized only by those whose family entered into such relations before July 8, 1944. Before this date, legislation provided for both types of family relations.

Civil marriage in other countries

All over the world, civil marriage has been popular since 1970. For example, in America, every 2nd family lives in a civil marriage, in Spain - every third.

Moreover, in their opinion, this is even honorable, since now few people are interested in registering their marriage - there is simply no time for this. Unfortunately, this is how our life works.

Moreover, in America, according to many experts, in the next few years marriage registration will be completely abolished, since it is inappropriate, and only marriage contracts will remain.

Rights of common-law spouses in the Family Code of the Russian Federation

According to the Civil Code of the Russian Federation, a spouse who is in a civil marriage has the right to:

• receiving an inheritance;
• receiving a pension due to the loss of a breadwinner;
• various social benefits due to the breadwinner's disability.

But at the same time, it will be extremely difficult to prove the fact of cohabitation and the presence of a dependent.

Evidence may include:

• testimony of neighbors who will confirm the fact that the couple lives together;
• testimony of close relatives (parents of the spouse and spouses, or one of them separately).

It is also necessary to have a child together, because without it the likelihood of receiving any benefits is practically ki equals zero.

Common-law husband and wife: responsibility for the union

Due to the fact that the Civil Code does not contain the concept of civil marriage, no liability is provided for.

All their actions are regulated by general legislative norms, which are designed for all citizens of the Russian Federation.

It is worth noting that the most main problem in a civil marriage, this is when the family decides to live in this status indefinitely. In simple words, they do not want to legitimize their relationship.

According to statistics, it is men who want to live in a civil marriage. If his common-law spouse does not demand to legalize the relationship, they rarely make such a decision on their own.

Men's opinions on civil marriage

In the event that the woman does not give an ultimatum and does not demand official registration, the man agrees to live his whole life in this status.

But at the same time, in such a status, there is also an unspoken responsibility. In most cases, a man is responsible for ensuring that their family lives in abundance, and the wife, in turn, is responsible for their life.

Material aspect

If we talk about the material aspect, then everything is very simple here too.

The law does not provide for anything, and therefore, neither party in a civil marriage is legally protected.

In a word, all joint savings, all jointly purchased property is divided in the event of a breakup exclusively by the spouses themselves. The court does not have the legal right to carry out the procedure for dividing both the family budget and property.

Judicial practice shows that, despite the low probability of being able to win an apartment from their common-law spouse, some still managed to do this. However, at the same time, an incredible amount of effort was put into it. In particular, many witnesses were brought in to prove the wife’s ownership of the apartment.

It is worth noting the lawyers who were able to help wives in this matter.

If a situation arises that is related to the division of property of those persons who are in a civil marriage (lack of official registration), this type of dispute will be resolved without using the Family Code of the Russian Federation, but according to the Civil Code of the Russian Federation. It is the Civil Code of the Russian Federation that regulates the process of dividing the property of those persons who are in shared ownership.

If we talk about the right to inherit the property of a common-law husband, then the “unofficial” wife has the right to claim his property, but at the same time, first of all, the official relatives directly claim it.

It is worth noting that if a former citizen’s family has a child together, then it is he who becomes the first contender for the inheritance of each of the parents.

Consideration of disputes of those categories of families that are in a civil marriage is allowed on the basis of civil law, the shares of each party are determined based on their direct participation in the process of its acquisition.

Children in a civil marriage

Unlike the birth of a child in an official marriage, the birth of the first child in a civil marriage includes some nuances.

When born in an unregistered marriage, the child must be registered in the mother’s maiden name.

In a word, if the mother is not officially married, she has the right to be considered a single mother.

Moreover, in order for the father to have the same rights to the child, he must go through the procedure of establishing paternity. To do this, it is necessary to carry out a DNA procedure.

But there are other options, namely:

• the mother and father go to the registry office and together issue a birth certificate for the child;
• the father draws up a statement in which he indicates the fact of a civil marriage and the fact that he is the father of the baby;
• the mother independently writes a statement stating that her common-law spouse is the father of the baby.

There are situations in life when the legal spouse is not the father of the child. This can happen in a situation where the family has not filed an official divorce, but is already organizing their personal life. If it has not yet expired 300 days after divorce proceedings, and the baby was born from a common-law husband, then paternity is established in accordance with Art. 5 of the Family Code of the Russian Federation. If you comment on the state of the law in simple words, then the mother of the baby must independently go to court to establish paternity. In this case, the official husband must appear before this authority as a witness who confirms her words.

In the event that the documents were submitted jointly to the registry office, its employee will formally carry out the entire paternity procedure and after which a birth certificate will be drawn up.

In this case, the parents independently decide on whose last name it will be recorded.

If there is no statement from the father, the father is not indicated on the birth certificate and the child’s surname is assigned to the mother. In such a situation, it will only mean one thing - the child does not have a father.

What can this mean for mother and baby? Let's look at this question using a table.

Of course, the mother has the right to go to court to try to prove paternity, but she must be prepared for a long process; from a moral point of view, it is very difficult.

It is worth noting that, in addition to everything else, this also entails serious financial costs.

As practice shows, about 85% of such cases end in failure.

The baby's mother needs to collect as much evidence as possible so that the court takes her side. You can’t do this without a lawyer, and this is a financial cost.

It is worth emphasizing that couples in a civil marriage often do not pay much attention to the seriousness of documenting the baby. It is for this reason that many problems arise in the future.

What do women think about civil marriage?