Civil marriage versus official: how opinions differ. What is civil marriage and cohabitation What is the difference between civil marriage and

The topic of civil marriage is rarely discussed in the media, which is why most people are significantly mistaken when they call a civil marriage a situation where two loving people live together, have a joint household and do not enter into official marital relations. In the article we will consider in detail what civil marriage and cohabitation are. We will find out what their similarities and differences are, what pitfalls exist and whether there are ways to get around them, how to reduce risks, we will help those who are already in a relationship make a choice only about to start a serious relationship.

What is civil marriage and cohabitation?

So, what is the difference between civil marriage and cohabitation? It is quite easy to answer this question if we remember that in pre-revolutionary Russia a church marriage was considered official, which was recognized only after its consecration in the church, all other types of marriages were not official. After 1917, the situation changed and the regulation of marriage relations passed to the state. Article 10 of the Family Code of the Russian Federation indicates that marriage is concluded in the civil registry offices, which means that only those whose cohabitation and common household management are confirmed by a marriage certificate issued by the registry office can legally be considered spouses.

Important! A civil marriage is a family union of two people, officially registered in the manner prescribed by the state by the registry office.

In ordinary life, a stable stereotype has developed when an unregistered de facto marriage is called a "civil marriage", that is, a situation where a man and a woman live together, sometimes even have children and common property, but do not legalize their relationship properly. In fact, this is a big misconception, since the situation when people live together and run a common household without registering a relationship is correctly called cohabitation.

Note! Cohabitation is a joint residence and housekeeping by people who have not officially registered their relationship as a marital relationship.

The main reason why cohabitation is called a civil marriage is the presence of a more attractive status of "common-law husband" or "common-law spouse" than a cohabitant or cohabitant. Such stereotypes have been formed since the times of the USSR, when cohabitation was synonymous with something bad, but now the worldview is changing and it is correct to understand cohabitation as an alternative to official civil marriage. So, the difference between civil marriage and cohabitation is in the official registration of relations.

Now that we have figured out what civil marriage and cohabitation are, let's look at what drives those couples who are in no hurry to legally register their relationship:

One of the most common reasons is that there is an opinion that cohabiting with a loved one without civil registration of marriage, there is an opportunity to get to know each other better, to understand whether you have chosen the right person with whom you are going to connect your whole future life. If, over time, the couple realizes that living together brings only disappointments, and “the boat of love has crashed on the stones of everyday life,” then the absence of official obligations will make the separation process as easy as possible, especially if the couple does not yet have joint children and common property. In other words, you have already chosen a loved one, but you have time to establish yourself in the correctness of your choice in order to eliminate disappointments in the future.
Another reason lies in the mentality of modern young people who prefer to learn and get on their feet, while maintaining the status of a free person. Having met a loved one, such couples simply begin to live together, because they consider feelings more significant than statuses. While maintaining a common household, however, they remain free people, have the opportunity to receive further education, build a career, create a material foundation for the future without excessive obligations. At the same time, they are sure that their partner is next to them of their own free will, and not as a result of any obligations or material interest.
Many cohabitants have negative parenting experiences associated with divorce and negative attitudes. Often in such relationships there is no desire to have children and couples are in no hurry to legitimize their relationship.
No matter how trite, but another of the frequent reasons for cohabitation is the lack of the necessary financial resources to hold a magnificent wedding ceremony. A wedding is quite an expensive event, sometimes it is even held on credit money, which means that the risk of losing the money spent during a divorce should always be taken into account. An additional motivation in this case may be the lack of condemnation of such relationships by relatives and friends.

Pros and cons of cohabitation

Cohabitation, like any relationship, has its pros and cons.

Lack of official obligations, the status of a free person in the presence of relationships and living together with a loved one.
Property relations are regulated by the Civil Code, which means that property belongs to the one who officially owns it.
Conducting a joint household with the simultaneous opportunity to have their own material resources at their own disposal.

There is no possibility to conclude a marriage contract if necessary.
Complex procedure for registering children, the need to acknowledge paternity or obtain the status of a single parent.
Difficulties with paperwork in some state and administrative institutions.
The ability to inherit property only by will, in the absence of a will, the surviving partner is not an heir.
Difficulties in the division of joint property in the event of termination of relations and failure to reach a voluntary agreement (partners are not protected by the Family Code of the Russian Federation).

What is the difference between cohabitation and civil marriage?

The difference between cohabitation and civil marriage lies in the presence or absence of official registration of the couple's relationship in the registry office. This is on paper, let's see how this difference manifests itself in life.

Important! In the event of an official marriage, relations between spouses relating to the conduct of a common household, inheritance, and the maintenance of children are regulated not only by the Civil Code of the Russian Federation, but also by the Family Code. In the case of cohabitation, only the Civil Code applies. So, it is in the rights and obligations of spouses and cohabitants that the main difference lies.

The property of the spouses, acquired in an official civil marriage, is their joint property, regardless of the title owner (the spouse in whose name it is recorded). The property of cohabitants is the property exclusively of the person to whom it belongs according to the documents, even if it was bought with common money. Upon termination of marriage or cohabitation, the division of property will be carried out according to completely different rules:

Option 1. During the marriage, the Ivanovs purchased a car, a refrigerator and an apartment. The apartment was registered to the wife, and the car - to the husband. After the dissolution of the marriage, all property must be divided in half as jointly acquired in accordance with Article 38 of the RF IC, unless a marriage contract or a notarial agreement on the division of jointly acquired property has been concluded.
Option 2. If the marriage was not registered with the registry office and Ivanov cohabited with Petrova for some time. During cohabitation, the same property was purchased with common money as in option 1. Suppose that after the termination of cohabitation, the cohabitants could not agree voluntarily on the division of property. In this case, Ivanov will not be able to apply for an apartment, and Petrova - for a car. In the case of a refrigerator, it will go to the one who has documents for it. If this is Ivanov, then only in court, by filing a civil lawsuit, will he be able to prove that he purchased a refrigerator and temporarily loaned it to Petrova. Of course, a knowledgeable lawyer will try to find other options for dividing property, but for this there must be grounds, time to do this and money to pay court costs.

Note! In the event of a divorce, the Family Code protects the spouse who did not work, but was engaged in housework or raising children (and this is not necessarily a woman), in the case of cohabitation, there is no such protection.

The position of children in an official civil marriage is transparent from the moment of birth, i.e. a born child has a mother, a father, who, in turn, have rights and obligations in relation to the child. In an unregistered free union, for the father to be recorded on the child's birth certificate, his official consent is required. Without recognition as the father of the child, the mother will be given the status of a single mother, and there will be a dash in the child’s certificate in the column “father”.

As an example, consider the following situation. You are happy in your life together, but your marriage is not registered. Your couple has an adorable child, you love him very much, but for some reason, they are not recorded as the father in the birth certificate (maybe you just had no time or you don’t see the need for this, any other reason is possible, it’s important the very fact of the absence of your last name in the father column). You take care of the child and invest in his education, development, upbringing. For all those around you, you are one family, however, in the event of your death, the child will not be able to claim your inheritance. Also, you will not be able to claim child support if one day you are unable to work and lose the opportunity to support yourself. In an official marriage, the rights of both parents and children are protected at the legislative level.

Inheritance disputes are quite complicated in the event of the death of one of the cohabitants, if the couple has chosen the option of living in a union without registering with the registry office and has joint property. The loss of a loved one is usually a difficult ordeal, and in the absence of a will, everything becomes even more difficult.

Children from other unions, parents, other relatives can claim the property of a deceased cohabitant.

If jointly acquired property was registered on the deceased cohabitant, the surviving partner in exceptional cases and with great difficulty manages to prove his right to a share in the remaining property. Unfortunately, few cohabiting couples discuss such issues in their lifetime, but failure to resolve such property issues can lead to tragedy.

Remember! When choosing a civil marriage or cohabitation, one must remember that one of the most important factors is the factor of obligations. Legislation protects the rights of each spouse, and also imposes duties on him in relation to the other. There are no such obligations in cohabitation, it is only a matter of personal trust and the desire of everyone to be responsible for the decisions made.

Making a choice between registering a civil marriage and cohabitation, everyone must decide for himself how seriously he considers relations with his partner, whether he is confident in his desire to spend most of his life with the chosen person, how much he is ready to give up his personal interests for the sake of a comfortable life together.

If your couple chooses to cohabitate for any reason, be sure to discuss the following questions among themselves:

recognition of children born in the future;
joint acquisition of property, including with the attraction of credit money;
subsequent status and registration of rights to jointly acquired property;
making a large purchase and registering it for one of the partners, be sure to resolve the issue with the will so that your loved one, who has lived with you for decades and ate more than one pood of salt, would not end up on the street after your death, but your joint “nest” would not pass in the order of inheritance to your relatives from a distant seaside town, whom you saw no more than three times in your life.

The decision to marry is one of the most important life decisions that imposes an obligation on a couple towards each other. It must be taken consciously and judiciously. If you are not sure or in doubt about something, it may be worth waiting with a trip to the registry office. But if there is love, mutual understanding and a desire to hold hands all your life between partners, the choice is obvious.

People who have found their soul mate have a natural desire to continue their further life under one roof. However, the form of living together from the point of view of the law can be very different. Many couples seek to legitimize their relationship and apply to the registry office, but there are also many who do not see the point in this. What is the difference between civil marriage and official marriage? This, the advantages and disadvantages of different forms of family life, will be discussed in the article.

What is the difference between official marriage and civil marriage?

In everyday life, the concepts of civil and official marriage are given diametrically opposite meanings. A marriage registered in the registry office is called official, and an unregistered one is called civil. From the point of view of legal terminology, such definitions are fundamentally wrong. Any relationship between the inhabitants of our country is regulated by the Civil Code.

Thus, a registered union from a legal point of view is civil, and an unregistered one is called cohabitation. Answering the question: “Is a civil marriage an official marriage or not?”, From a legal point of view, it should be said that yes. Nevertheless, the concept of a civil marriage is firmly associated in most people with cohabitation. Therefore, it must be considered from this point of view.

Most couples who decide to live together apply to the registry office for moral reasons. They strive to achieve recognition as their husband and wife in the eyes of the public. From the point of view of morality, civil and official marriage is no different, but from the point of view of the law, the difference is great. What is the difference between a civil marriage and an official one? This needs to be discussed in more detail.

The main legal differences between civil and official marriage are as follows:

Firstly, the law does not provide for the unification of the property of unofficial spouses into common property. It will belong to the party to which it is registered. At the same time, who allocated the money for its acquisition does not matter. In an official marriage, the husband and wife have equal rights to all property, regardless of to whom it is registered;
secondly, in a legally registered marriage, children have official parents who are legally responsible to them. At the same time, informal relationships often lead to the fact that a man refuses to acknowledge the fact of paternity, and this has to be proven in court;
thirdly, there is a significant difference in the distribution of debt obligations. In an official marriage, debts are often divided equally, and in cohabitation, the obligation to repay them falls solely on the borrower.

There is a significant difference between a civil marriage and a legal marriage in terms of inherited property. If the relationship is officially registered, then the inherited property is distributed in equal shares among the closest relatives, including the wife. The common-law spouse is not an heir, unless otherwise specified in the will.

Advantages of an official barque over a civilian one

The pros and cons of official marriage should be considered taking into account the above differences. At the same time, you need to understand that for one of the parties, the pros can turn out to be cons and vice versa. For example, according to the law, official marriage is joint housekeeping and legal responsibility to each other. All acquired property is joint. At the same time, the funds for its acquisition could be earned by only one party, but in the event of a divorce, it will be divided in half. To avoid this, you will have to prove your rights to material values in court or conclude a marriage contract in advance.

There are many such nuances. However, the following points are considered to be the advantages of official relations:

the possibility of dividing joint property and debts in the event of a divorce;
a confirmed fact of marriage allows you to visit a husband or wife in places where access is closed to other people, for example, in a hospital;
husband and wife are each other's first heirs.

In addition, certain benefits should be attributed to the advantages of official marriage over civil marriage. Our state is loyal to couples who have legalized relationships, so spouses are more likely to receive preferential housing and have a lot of other preferences.

The main disadvantages include:

the inability to dispose of jointly acquired property without the consent of the other party, which must be notarized. For example, in order to rent or sell real estate, the official consent of the spouse is required;
Another problematic side may be the need for a divorce. Cases of divorce are not uncommon in our country, and if the parties do not agree on the division of property and debts, then the divorce procedure will be carried out through the courts, and the proceedings may drag on for several years;
listing the disadvantages, it is worth mentioning the costs of painting in the registry office, as well as a wedding celebration, without which such a ceremony is rarely complete.

In conclusion, it should be said that the vast majority of Russians find more advantages in official marriage than in cohabitation. Nevertheless, each couple must choose an official or civil marriage on their own, based on their goals, financial situation and other factors.

Legal protection of the child

Listing how a civil marriage differs from a regular one, one more important advantage must be pointed out in favor of the latter, namely the legal protection of common children. In a civil marriage, men do not often recognize paternity. This is done primarily in order to receive additional subsidies from the state for the maintenance of children (they are due to single mothers). But this is a double-edged sword - in the event of a break in relations, the father of the child will not be obliged to pay funds for his maintenance, and paternity will have to be proved by filing a claim.

In this regard, the difference between civil and official marriage is obvious. In the event of a divorce, filing for alimony is much easier. This can be done during the divorce proceedings. All that is required is to file an additional claim. Most likely, the judge will combine the consideration of both cases into a single trial.

Pros and cons of cohabitation

Civil marriage, like a regular one, has pros and cons. In order not to repeat, considering the positive aspects of cohabitation, it is necessary to bring to the fore precisely the moral aspects:

Firstly, cohabitation is a good way to test your feelings. If living together does not work out, then you can disperse without the extra problems that arise during a divorce;
secondly, cohabitation can be an excellent training for family life;
thirdly, official marriage often rests only on a sense of duty to each other and the state, and civil marriage is a clear confirmation of the presence of feelings between spouses.

The disadvantages of cohabitation are:

Firstly, it is believed that cohabitation implies some kind of freedom in relationships. This is especially true for men;
secondly, common-law spouses who have lived together for a long time and decide to leave will most likely face problems related to the division of property;
thirdly, children born in cohabitation are not protected from a legal point of view.

Civil marriage is a relationship that has the right to exist. From the point of view of the merits of cohabitation, it is even somewhat useful. For example, a couple who decide on an official marriage will not be superfluous to live in a civil union for at least a few months.

How to prove the fact of a civil marriage?

As it becomes clear from the above, the main disadvantages of cohabitation are the difficulties in dividing the jointly acquired property and recognizing paternity. In order to achieve the payment of alimony and fairly share the acquired property, it is necessary to prove the fact of cohabitation. This can only be done in court by filing a claim. It should be accompanied by:

receipt of payment of state duty;
a copy of the passport and birth certificate of the child;
all possible evidence supporting the fact of cohabitation. They can be testimonies of friends, relatives, neighbors, etc.

If the evidence base is collected correctly, then the court will certainly recognize the fact of cohabitation. As a rule, such problems require the involvement of a professional lawyer. They are well aware of the differences between cohabitation and open relationships, so they will be able to convince the court.

The phrase “civil marriage” has been used very often in recent years, and the one who says it can mean the most different 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 precisely as a civil legal marriage (it is also secular). This is due to the fact that the Family Code - the main legal act regulating legal relations related to the family, the procedure for concluding, terminating the union, the rights and obligations of spouses, parental relations, etc., refers to civil law and any ordinary marriage under the Family Code - civil.

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

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

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

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

Any of these 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 law, and cohabitation is not regulated in the Family Code.

Civil marriage, marriage without registration, cohabitation, de facto marriage - differences

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

The official regulation of family relations by religious norms has long gone, 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 civil marriage or cohabitation, marriage without registration, understand that we are talking about an unregistered marriage that is 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 to enter into family relations, 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 give 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 relationship: the rights and obligations of spouses (both personal and property).

Actual relationships (without legal registration) can be quite long-term, with running a joint household, 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 just one of the partners with an unofficial couple, just like a common-law wife.

No matter how informal unions are called, 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 in the Family and Civil Codes is great.

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

The division of the property of cohabitants is associated with complex procedures for proving cohabitation, depositing funds for the purchase of 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 actual marriage

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

Actual marriage is a household designation for couples living together who, of their own free will, chose the option of life without registering the union in the registry office.

In January 2018, a bill was submitted to the State Duma that would give official status to this concept and equalize the rights of people who have registered a marriage with documents with those who simply cohabit (for more than five years), but this proposal did not find support from either senators or at the 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 learn first, get on their feet before starting an official family. In addition, many consider the advantages of a civil union:

Preservation of the status of a free person with the actual conduct of a joint household and the conveniences of family life;
The property is not joint, being the property of the one who acquired it;
There is an opportunity to form a material base for the future: complete an education, devote oneself to building a career, etc.;

In some cases, the reasons for a couple living in a civil union are the negative family experience of parents or close people, unwillingness 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, so there are frequent misunderstandings in official bodies and institutions;
Inability to inherit property after the deceased partner, except by will;
The procedure for recognizing paternity for children born in such a union (or the status of a single parent);
Complicated division of acquired property (according to the norms of the Civil Code, not the Family Code);
You can not 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.

To register or not is a purely personal decision of a man and a woman, but it should be remembered that the resolution of disputes, if any, 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.

Citizens of the Russian Federation distinguish two types of marriage: official and civil.

One of these unions is documented and registered, the other is considered the usual cohabitation of two people.

But are such definitions really accurate and truthful according to legal terminology?

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

Separation of concepts

Many citizens of the Russian Federation consider a civil marriage an unofficial marriage that was not registered with the registry office. Actually it is not.

The very concept of civil marriage was originally an alternative to church marriage, when people got married.

A civil marriage is nothing more than an official marriage. From the point of view of our legislation, the very concept of "civilian" indicates that the relationship was legalized in the civil registry offices.

Very many people in everyday life call those unions, whose members have not registered relations at the legislative level, a civil marriage.

Although the couple is a de facto family, such a relationship is termed "cohabitation", it has no legal effect.

On the territory of Russia, the concept of civil marriage appeared in December 1917, the year the church lost its powerful influence on the state system.

A special regulation was created that regulated relations between people based not on church norms, but on secular ones.

After the final adoption of the legislative regulations, this type of marriage became the only legal one and was completely separated from the church.

All those relationships that were registered in the marriage and birth records departments at the councils gave certain rights and obligations to the spouses.

If the couple got married in the church, even in compliance with all religious canons, such relations had no legal force and were not endowed with any state privileges. At the same time, such a union was still called marriage.

Around the same time, the concept of “actual marital relations” was introduced into the legislation.. In order for them to move to the rank of civil marriage, it was enough for a man and a woman to share a bed and conduct a joint household.

In the current family code and the code on marriage and family, the term "cohabitation" is used instead of this term.

Civil marriage and official marriage - what's the difference?

There are several points that clearly distinguish between cohabitation and legal marriage.

Each aspect has both pros and cons.. Let's consider each of them in more detail.

Official and civil marriage must be registered by law. Relationships in a legal union are regulated not by a civil, but by a family code.

There are many more subtleties in such legal regulation, which take into account precisely marital and family relations, and not just civil ones.

A lot of girls are wondering why the guy does not want to get married, but wants to live in a civil marriage.

It's all about responsibility. So many people find it necessary to live together and get to know each other better, this has its own benefits - no obligations.

Partners cannot, for legal and moral reasons, require each other to fulfill any obligations, since, in fact, they do not exist.

Another possible plus is that in case of disagreement, you can simply part without divorces and paperwork.

Statistics show that adherents of civil marriages very often do not take relationships seriously. The concept of cohabitation often undermines the stability of unions.

Divorce is a long and nervous procedure, quite often during it people think about whether such an extreme is necessary at all or whether it is possible to improve relations with their half.

Since in an official marriage, relationships between people are regulated by the Family Code, each spouse has a number of personal, property rights, rights in relation to children.

People who have not approved their relationship in the registry office cannot draw up marriage contracts.

This is one of the most important aspects of any relationship, approved or not. When they are born in an official marriage, both parents are equally responsible for them.

Even when the couple breaks up and the child stays with one of the spouses, the second is obliged to pay alimony to support the common child.

When a child is born to cohabiting people, a man must do a DNA test to confirm paternity in order to obtain the rights to the child.

The downside is that men often refuse to hold it and waive the rights to their own children, so they evade paying alimony. In this case, all responsibilities for the maintenance of the baby are transferred to the mother.

If a woman is left without material support, then she either works harder to provide for herself and the child, or lives on benefits and benefits.

As for the rights of a man to a child, if he abandoned him, he cannot take any part in his upbringing, he is not entitled to all payments and benefits, the child’s personal property and his inheritance.

Another important point: people who are in a civil marriage cannot adopt a child. Establishing guardianship can also be accompanied by some difficulties.

The distribution of property between spouses depends entirely on when it was acquired.

Therefore, there are several types of property:

common shared ownership;
common joint property.

If property (movable and immovable property) was acquired by a person before marriage, they are inviolable and it will not be possible to claim them.

If the car, apartment, equipment, etc. were bought by people who are married, then each of the spouses can claim exactly half of all this property.

Quite often, people do not share cars and other items of property, they simply pay or sell their share in the event of a divorce.

When there is no marriage certificate, the property is divided into the property of one spouse and the second. There is no need to divide it, and none of the partners can in any way claim the property of another partner.

If a couple, being in a civil marriage, bought something from equipment or real estate with common funds and there was no tacit agreement to divide it in half, it will be necessary to confirm the fact of a joint purchase in court.

To do this, you will have to raise contracts, checks and even look for witnesses.

There are situations when people live happily in a civil marriage for 40 years, but after the separation or death of one of the spouses, nothing remains for the other.

Debt obligations

The fact that the income of both official partners is considered common is an absolute plus. However, the debts of one of the spouses will also be considered common. When a husband or wife takes out a loan, they both have to pay it back equally.

If such a situation has happened that one of the participants in the marriage shirks from paying the debt, the bank has every right to transfer the obligation to pay the loan to its second participant.

With regard to cohabitation, the need to pay loans and other debts lies only with the person indicated in the contract or receipt.

In fact, cohabitants are completely strangers and the creditor, even with the help of the law, will not be able to force the illegal husband or wife to pay debts for his partner.

Inheritance

This is another interesting aspect regarding formal marriages and cohabitations, because it directly touches on the issue of property. The question is whether the spouse can claim the inheritance of the other spouse in the event of his death.

If people are officially married, then the division of property occurs legally. All property of the deceased is divided equally among his next of kin.

If there are none, all property goes to the spouse. You don't even need a will for this section..

If it exists and the spouse is not listed in it, then he may not receive anything. Such cases often become the cause of lawsuits between widowers and relatives of the deceased.

When a couple is not married, it becomes very difficult to receive an inheritance from a former conditional spouse. The partner cannot claim any share of the property unless he is named in the will. All property will go to the next of kin of the deceased person.

If a couple cohabited for a long time and managed to acquire common children, this procedure for receiving an inheritance will also apply to them.

However, if after the birth of the child the fact of paternity was established in court and all the necessary documents were drawn up, the child is one of the closest relatives of the deceased and can claim the inheritance without a will.

These are 5 main factors that significantly delimit the concept of official / civil marriage and cohabitation.

Video: Civil marriage. Legal Consequences

Conclusion

So, which is better, civil / official marriage or cohabitation? Once again, we summarize the main differences between such unions from each other:

Legalized relations	Cohabitation
Relationships get marital status	The relationship between partners does not have any guarantees and privileges characteristic of a formal marriage.
All property acquired during marriage is considered joint.	Shared property is not considered
When a child is born, the couple automatically becomes official parents.	Paternity must be proven in court.
All debts are shared.	Debts are attached to a specific person.
There is a hereditary hierarchy and a spouse can inherit from the other spouse.	Partners are not entitled to each other's inheritance.

Being in an official marriage, spouses have much more rights and guarantees, and they can also resolve all conflicts and disagreements at the state level.

Children who were born in a legal marriage have all the privileges. Even in the event of a divorce, one of the parents will be required to financially provide for the child until his 18th birthday.

When people simply cohabit, the family code does not apply to them and it becomes impossible to give spouses some marital obligations.

Informal spouses and their children often become financially vulnerable due to the fact that the couple approached the creation of a marriage union without due responsibility.

In addition, these types of "marriage" are considered very unstable and often end unsuccessfully.

In the modern world, people often use the concept of civil marriage in various situations. But when using it, people do not always understand what it means. This term usually refers to the union of two people who live together, but their marriage is not officially registered. Then what are the differences between civil marriage and cohabitation? This is what needs to be sorted out.

Since ancient times, the union was considered legal if it was fixed by the church, and the spouses performed the wedding ceremony. Only this form of relations between people was considered legitimate and had legal significance. The church was also involved in registering birth and death, and these ceremonies were carried out according to the rules of the church.
In Russia and in European countries, civil and church marriage were opposed to each other, although in other countries there were no differences between these concepts, and they existed absolutely parallel to each other.

In many countries, these two concepts are still not distinguished. But in Russia, a marriage concluded in a church cannot be a substitute for a civil (officially registered) one, because the state does not approve of this form of relations between people, because a church marriage does not carry legal force.
Unlike a civil marriage, a marriage that begins with a wedding ceremony is considered indissoluble.

The divorce procedure is regulated by the Family Code of Russia. If the spouses have children or property was acquired during the marriage that the spouses would like to share, then the divorce procedure goes through the court. Property acquired during marriage is divided equally between the spouses. In addition to the rights to property, the spouses have responsibilities, such as: raising and maintaining children. Also, at the request of the spouses, a marriage contract can be drawn up, which additionally regulates the rights and obligations of the spouses. They can decide who will get this or that property in the event of a divorce, negotiate the amount of alimony, and so on. Responsibilities towards children remain even after the dissolution of the marriage.

What is the difference between cohabitation and civil marriage?

In modern life, people confuse these two concepts, calling the cohabitation of people a civil marriage.

Cohabitation- this is the joint residence of two people, not fixed in any way in accordance with the law. Since cohabitation has no legal force, the state does not consider such a union a form of marriage. Children and joint property are not considered acquired during marriage, therefore, in a divorce, property remains with the owner who acquired it. Spouses are vested with rights only in relation to children born. At birth, children do not receive the father's surname, this can be done by contacting the registry office and writing an application to establish paternity.

Advantages and disadvantages of cohabitation.

Why are more and more people living in a so-called civil marriage, bypassing the procedure of official marriage? Probably, it's all about the positive aspects of cohabitation, which people single out for themselves.

Benefits of cohabitation:

1. Personal space and freedom.
Getting divorced takes a lot of time and effort. The division of property through the courts is all stressful, and with cohabitation, young people simply dispersed, each remaining with his own.
2. Savings on the wedding.
The large expenses spent on a wedding will hit the budget of a young couple hard, especially if the future spouses have an unstable income. In addition, if the relationship soon ends in divorce (who knows, because anything can happen), the money will be thrown away.
3. An opportunity to get to know each other better.
Some couples, before entering into a legal marriage, decide to live together for some time in order to better know each other's character. After all, very often, starting to live together, many realize that this is not the person with whom they want to live their whole lives. Recognizing each other in everyday life, people begin to be disappointed in each other, begin to quarrel. Cohabitation is a good test for feelings. Whether this relationship will withstand living together and whether it is worth marrying this person - cohabitation will help to find out.
But if everything was so good, surely all people would live without marriage registration. What are the disadvantages of cohabitation?

Disadvantages of cohabitation:

1. Cohabitants have no legal rights.
If suddenly, after several years of living together, the spouses decide to disperse, then they will have to go through a difficult divorce procedure. The property will remain with the owner who owns it.
2. Children are considered illegitimate and are not recorded on their father. To do this, you need to contact the registry office to establish paternity.
3. Some people still consider cohabitation to be immoral and many couples living together do not receive the approval of society. Although in all foreign countries cohabitation is considered normal.
Cohabitation is becoming more and more popular among young couples. They are afraid to take responsibility for another person, in every possible way they are looking for ways to retreat. They are not afraid of the absolute insecurity of the law.

Men are afraid to tie the knot early, they want to "work up". Although many simply believe the stereotype that a woman after marriage becomes ruder towards her husband, ceases to take care of herself and perform household chores.

Girls, on the contrary, want to get married as soon as possible, because uncertainty scares them the most. They fear that the man will leave, find a mistress. Legal marriage gives them the opportunity to feel confident. Perhaps this is the reason why women stop taking care of themselves. The beloved man is conquered, you can no longer try. But this is far from true. The ability to please and surprise each other every day is the key to a really good relationship.
The decision to marry is very responsible and requires a serious approach on the part of both spouses. Marriage should be conscious, and not a choice under the pressure of society or parents. After all, a stamp in your passport will not add happiness to your life, it's just a formality.