Civil marriage: family or cohabitation? Civil marriage and official: legal advantages and disadvantages What is cohabitation between a man and a woman.
In Russia, an increasing number of couples are in no hurry to immediately register their relationship, they just want to live together for a certain time in order to try a joint life, take a closer look at each other and only then decide whether they need official marriage.
This is explained by the fact that divorces make up a fairly large percentage in the country. And such relationships do not oblige a man and a woman to anything, and you can disperse without consequences if the couple does not work out.
Cohabitation or civil marriage has become more and more popular lately. This is a close relationship between two people, not registered in the registry office.
In itself, the phrase "civil marriage" in accordance with applicable law, means officially registered marriage.
But in Russia there is a wrong concept of this term. It is understood as an actual family or cohabitation. Therefore, it is important to understand what civil marriage and cohabitation are, whether there is a difference between these concepts.
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IN modern world many believe that the residence of a man and a woman in the same residential area without official registration relations 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 fixed by the church. There was simply no other way.
Only at the beginning of the 20th century were state institutions established specifically for the recording of civil status acts. 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 official agreement.
Whereas the relations formalized in the registry office - this 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 refer to marriage relations that are not formalized.
Thus, we can conclude what civil marriage and cohabitation are. A civil marriage is a legal, registered marriage.
And cohabitation outside of 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 informal marriage has many advantages.. The main ones are:
In Russia, as in no other country, the patriarchal traditions of the past are preserved. Civil marriage occupies not the last place in them.
Of course, in the modern world, people who decide to live together without registering relations 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 are:
Practice shows that couples who have a positive attitude towards premarital life together are less responsible. Therefore, after registering a relationship, some believe that cohabitation and civil marriage are one and the same.
According to statistics, a long stay in an unregistered relationship, in the future, negatively affects the subsequent marriage.
A married couple that already has a negative experience of living together, more often than others, has a desire to terminate the official union.
In moments of decreased feelings and affection, people break off relationships that, under other circumstances, could be saved.
Cohabitation changes the relationship of partners to a formal union and the prospects for marital stability are reduced.
Civil marriage in Russia is a marriage union of partners, which must be officially registered with state bodies. Many people make the mistake of assuming that civil marriage is the same as cohabitation.
Therefore, the question of what is the similarity and difference between these terms does not lose its relevance. But, no matter how 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 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 is an official registration of the relationship of the spouses by the relevant state body.
Cohabitation is the residence of a man and a woman 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 be understood as 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 break in relations, a woman and a child may be left without material assistance and alimony.
In addition, according to statistics, single mothers and children without a father often appear in unregistered relationships.
People who live for a long period in the same territory and have acquired property, after the death of one of the couple, may not inherit anything at all. Therefore, it is worth considering the feasibility of such a relationship.
It is much safer to legitimize your relationship, especially before the birth of a child.. Then there will be no problems with the division of property and the establishment of paternity.
The semantics of this expression goes far into the past. We need to remember the "Petrine" times. It was then that the church was separated from the state. A different option for consolidating relations appeared: not only a church wedding, but also a civil marriage, i.e. marriage, fixed in the relevant records of state bodies. This continued until 1917, until the moment when the Bolsheviks came to power and debunked the religious cult.
Today, church marriage made in heaven is not as popular as it used to be. The wedding becomes a kind of social rudiment. Therefore, the meaning of "civil marriage" has changed radically. IN modern conditions they call the usual cohabitation of a man and a woman without a stamp in the passport.
When meeting, it is difficult to understand how you fit each other in everyday life, Everyday life. This is how you can find out how tolerant you are of your partner and how much you respect his personal space.
Current couples choose a civil marriage as a kind of dress rehearsal for the official one. But, unfortunately, sometimes such a rehearsal drags on for years.
Advantages of official marriage over civil
An official marriage is, first of all, stability and confidence in the future. Of course, this is not an easy step, but people who legalize marriage and family relations are aware of the importance of family values.
There is a common phrase: "most men living in a civil marriage consider themselves unmarried, and women - always married." That is, cohabiting, you can get up and leave at any moment, because by and large, apart from some feelings and emotions, nothing binds you.
Official marriage is a big responsibility. It is not for nothing that it is interpreted as the union of a man and a woman, and this union implies the existence of certain rights and obligations, social guarantees, which cannot be abandoned in a moment and run away in an unknown direction. Almost all religious scriptures call marriage the end of a young, free life and the transition to a mature existence.
Psychologically, over the course of many centuries, the realization was laid in a woman that she would become someone's legal wife, sharing both sorrows and joys.
A rare girl does not dream of walking in a snow-white dress to the march of Mendelssohn along the red carpet to say the cherished “Yes”.
In the modern world, "marriage" has become very popular, which carries practically no responsibility and obligations between the parties. This trend has increased the demand for clarification of questions asked regarding property, inheritance, children and other benefits created in such a union.
Of particular interest to women is the issue of providing for children in a civil marriage and in the event of its dissolution. They are concerned about the guarantees that can be formalized, contributing to the confidence of being protected in an unforeseen situation.
Recently, people often confuse civil marriage and unregistered cohabitation. It is important to understand that these are different concepts. But, since the phrase civil marriage has become familiar to society, in this article we will understand how it differs from cohabitation, the advantages and disadvantages of this form of relationship, as well as the rights and obligations of the participants in the union.
What is civil marriage and how does it differ from cohabitation? According to current legislation ( Family code rf) civil marriage is considered in the registry office between two citizens of the country.
However, in Russian reality, the population is inclined to interpret this term incorrectly, believing that it means cohabitation and housekeeping between two officially unregistered "spouses".
In other words, people tend to err on the side of interpretation of the term, which they equate to cohabitation and unregistered relationships.
However, in this article, the presented characteristic will describe unregistered relationships between a man and a woman living together, since this form of relationship is extremely common today in Russia and requires close attention of the legislation.
Civil (cohabitation) marriage between a heterosexual couple is not regulated in any way by family law, thereby complicating the process of clarifying controversial issues in court.
It is practically impossible to prove property ownership, hereditary claims in such relations, since cohabitation does not impose any obligations and liability on its participants.
Most often, the desire of a couple to live together without state registration of relations serves as a "test" for suitability for family life, an opportunity to evaluate a person in everyday life. But, choosing this path for the development of their relationship, the couple can doom themselves to death, quarreling over material claims.Cohabitation forms an incorrect attitude towards the institution of family and marriage, people treat marriage with such ease that at the first difficult life situation or quarrel they tend to terminate the relationship and enter into new ones. Is it worth talking about how a child in a civil marriage of irresponsible parents suffers?
A huge number of heterosexual couples, about half of all existing ones, are in "civil" relationships.
The main disadvantage of this trend is that cohabitation has all the signs of an ordinary family, but its participants will not be able to protect their rights in unforeseen situations and defend their point of view in court. In other words, a civil marriage does not protect a woman and children from the possibility of being left without a livelihood.
According to family law, children born in an official marriage are automatically recognized as relatives for their parents, who are recorded in. Thus, kinship between the child and his parents is acquired, all participants in family and parental legal relations are endowed with certain rights and obligations in relation to each other, which, if necessary, can be defended in court.
However, a different procedure for legitimizing the relationship between the baby and his biological father operates with cohabitation.
When the baby is born, the mother is automatically recognized upon the fact of the maternity hospital, and the father is established by his own will with the help.
If, on a voluntary basis, the biological father did not decide to record his name in the act of the civil record of the birth of a son or daughter, a statement of claim from the other party (civil wife) to the court can resolve the conflict.
During the trial of the case, it is assigned, which allows to establish the origin of the baby and identify the similarity of the genome.
An irresponsible cohabitant may evade the examination, while the court has no right to force him to undergo an examination. But, the judge can in the presence of other weighty evidence.
Alimony in a civil marriage can be parties and paid according to it during the entire period of growing up the baby.
Property
In a civil marriage, property disputes are resolved extremely difficult and, often, in no one's favor.
From a legislative point of view, the participants in such an alliance are two people who are completely distant from each other, between whom there are no mutual obligations and, accordingly, it is impossible to hold one of them liable for transactions made during cohabitation.
In property disputes, there is only one argument for the court - this is the name of the person to whom the property is registered: movable or immovable. So, when a civil marriage is dissolved (simply speaking, parting), each "spouse" takes "his" and goes home.
The situation is more complicated when all the property is registered in the name of one person, but was bought at the expense of both or another member of the union. It will not be possible to prove this fact to the court, all material goods will go to the legal (formal) owner. The division of property in a civil marriage is not
Credit and mortgage
If an attempt was made to take a loan (mortgage loan) for any needs in an unregistered union, then the second "spouse" will not be able to claim part of the shared ownership in the event of separation from her lover (s). This is due to the fact that credit obligations and rights do not apply to third parties who are not relatives for the borrower.
In the event of financial difficulties and delays in payments, the collection of funds will occur from all property located in the living space of the "spouses", and it does not matter who bought it. The division of property in a civil marriage will depend on to whom it was issued upon purchase.
In the event of the sale of property, the consent of the second cohabitant is not required, thus, this fact may be in the personal interests of the spouse.
The owner of the property can mortgage it or sell it without even asking the second member of the union, but no one's rights will be violated, because they did not exist initially.
Inheritance
Only the official spouse and children born in an official marriage have the right to inherit. This provision can immediately debunk all the myths as to whether the common-law spouse will receive his share of the inheritance in the event of the death of the second.
The actual spouse can receive part of the payments after the death of a cohabitant only if he proves in court his complete disability, the fact of living with the deceased and complete financial dependence on him (1148 of the Civil Code of the Russian Federation).
Otherwise, the right of the first (and subsequent) line of inheritance is not granted to common-law spouses.
Consequences
In unregistered relationships between young people, there is always the possibility of parting or the death of one of the cohabitants. If the relationship has existed for a long time, as a rule, the cohabitants have already acquired children, and common property, and other material values. In a situation where you have to share all the common good, the judicial practice of dividing property in a civil marriage comes to the rescue.
It is extremely difficult to defend your rights and obligations in a civil marriage, since you will have to confirm the completion of property transactions with bank checks or testimonies, the origin of the children - by passing a DNA examination, and so on.
Dividing property in equal parts is difficult, but the court provides an opportunity to collect all the necessary evidence.
Only the relatives of the deceased have the right of the first priority to inherit, therefore cohabitants are deprived of this privilege.
Conclusion
So, we examined the concept of civil marriage and cohabitation, in which the difference between these terms. It became clear that most people simply substitute concepts and do not think about the legal accuracy of explanations.
Based on the foregoing, it can be assumed that the practice of cohabitation in an unregistered marriage is extremely inefficient and unprofitable for both "spouses". In the event of quarrels and troubles or an accident, one of the cohabitants can leave the other with nothing and end the relationship without prosecution, since initially no obligations were assigned to him.
Children suffer no less than adults when parting with a parent, the inability to receive material assistance from their father, and so on.
Civil law systems
Most Western European countries and their former colonies have a "civil law" system. Scotland, due to its longstanding alliance with France and the Netherlands, also has such a system. The Scots complain, and not unreasonably, that their system is littered with numerous legislative acts of the British Parliament, which are valid throughout its territory without exception. In addition, since some principles of Scottish law are identical to those of English law, both countries freely borrow laws from each other. For example, the precedent on liability for negligence, which first arose in English law, is also the Scottish precedent. Today, the distinction between contract law, civil wrongs (in Scotland they are called "tort") and criminal law are of a fundamental nature. On the other hand, in many areas of modern law, they rely on written laws (norms of legislation on employment, unfair dismissal, equal pay for equal work, etc.), Scottish law is identical to English.
Differences between civil and common law
European Union law is a civil law system. The civil law approach to making and interpreting written laws is fundamentally different from that of English law. This means that when British courts have to turn to European Union law (and now in the UK it takes precedence over any domestic law, contradicts it), many of them are faced with an almost foreign system.
Civil law is based on written laws (generally referred to as "codes"), establishing a series of broad principles and leaving judges to interpret them. At the same time, they can seek help from cases that have been resolved in the past, including similar controversial issues, or resort to the reasoning of the authors of well-known manuals. In contrast, UK laws are much more detailed, trying to cover all the possibilities that can be foreseen. Of course, not every situation can be taken into account, so British judges are also forced to engage in interpretation that involves the use of precedents and other sources, including the study of textbooks. However, we should not emphasize this hypothetical difference too much, since relevant regulations and directives have been adopted to detail the Treaty of Rome and other primary legislative acts of the European Union.
On the interpretation of laws, the English (and therefore British) method implies the need to consider the literal meaning of the words adopted and to give them force. It doesn't matter too much whether the literal meaning would have consequences different from those originally envisioned, only the result was not sheer absurdity or nonsense. In this case, the literal meaning can be modified, but only to the extent necessary to make the provision meaningful.
An example of a literal approach to interpreting Fisher v. Bell (1961)
The 1959 Aggressive Weapons Restriction Act provided that it was an offense to "offer to sell" certain types of aggressive weapons, including junk knives. The owner of the store displayed miscarriage knives in the window with price tags attached to them. Did he commit a crime? While it is clear that the purpose of the law was to punish those who supply dangerous weapons to the general public, it was recognized that no offense had been committed, since under contract law, goods with price tags attached to them are not offered for sale, but for inspection. Therefore, if we take a literal approach, there was no offer to sell.
On the other hand, the civil law method consists in the following analysis of the purpose of the provision and the interpretation of the words used to formulate it in order to achieve this purpose. This approach is often referred to as "targeted". The discrepancy between the literal approach (which is still applied in purely domestic law) and the purposive approach (which must be applied when interpreting the law adopted in accordance with our obligations under the European treaties) creates certain problems in the English courts.
Example of different interpretation of written laws
The Transfer of Establishments Regulation 1981 was adopted with the aim of giving effect to EU Directive 77/187. It aims to protect the labor rights of employees of an enterprise that is transferred into the ownership of another entrepreneur. The Decree stipulates that employment contracts for employees of an enterprise must immediately pass to the new owner before the transfer. The question arose as to what immediately means, as the buyers, who want to avoid the burden of transferring the seller's workers to them along with the enterprise itself, urged him to lay off the workers shortly before the transfer of the enterprise was to take place. Compliance with the law of such actions was strengthened in 1986 by the decision of the Court of Appeal, in which the words immediately before were assigned their literal meaning and it was determined that workers laid off at 3:00 before the transfer of the enterprise took place were not employed immediately before the transfer . However, the House of Lords subsequently took a targeted approach and recognized that the words immediately before the transmission should be interpreted in a way that allows the regulation to practically achieve the purpose for which it was adopted, i.e. EU Directive 77/187 came into force.
For every 100 married women, there are 30 married men". This is not a paradox. This is an old well-known joke. And really, why is that? Women living in "unformed" relationships tell others that they are married. Most of the men, connected by exactly the same bonds, claim that they are bachelors. It turns out that they understand differently how a civil marriage differs from an official one? For the first - a civil marriage is equated to an official one, and for the second cohabitation - "love without obligations"?
Civil marriage is not made in heaven?
We used to call "civil marriage" the cohabitation of a man and a woman, so to speak, "without a stamp in the passport." They run the household. Sometimes they have common housing, often - joint children. In fact, a civil marriage is a marriage union registered with the relevant authorities (registry office) without the participation of the church. In other words, a civil marriage is an official marriage. The term arose at the beginning of the twentieth century, when young people, under the influence of well-known events, stopped going to temples. Now the situation has changed. More and more couples are getting married, but a church marriage without a civil one has no legal force in Russia. So we will call unregistered unions:
- marital relationship,
- actual marriage,
- informal marriage,
- actual marriage.
That's what the lawyers say. A simple people call them civil marriage or cohabitation. By the way, from 1926 to July 1944, the actual marriage relationship had legal force. Understood the terms. Let's try to understand the relationship.
Why don't people get married?
It would seem that everything is simple - because they do not want, cannot, do not consider it necessary. Then why do they live together? Because they love each other. Then why don't they get married? Vicious circle some. Most often, men are not torn in the registry office. So, let's try to answer the sacramental question: "Why don't men."
Indeed, how is it - your girlfriend met with her boyfriend for three months, the day before yesterday they filed an application! Even Svetka from the next entrance, the boyfriend made an offer. And she's not a model at all! And what's wrong with you? You have been living together for three years, but at least a hint, at least a word about the wedding! Okay, no more wedding! Let's just write! So no, shut up! And for you it is important to be a wife, and not just a friend, a beloved woman ... Well, that's got to the reasons.
Why do men prefer not to formalize relationships:
- He doesn't know what's important to you.
A man is sometimes surprised when he finds out that women want to marry him. Moreover, at the very beginning of the relationship, in order to please the young man, the lady begins to sing a song about freedom, about not wanting to get married, about the fact that children are not the goal in life and other nonsense, thinking that a man will be delighted with the similarity of views. And then she wonders: “Why doesn’t he want to get married?!”. How why? You gave him that idea a long time ago! - He had previously had an unsuccessful marriage.
And now he is afraid to repeat the mistake. Moreover, before the wedding, she was a miracle, what a caring clever girl, and then, as they changed it. Why is he sure that the same thing awaits him with you? Does he really love you? Give him time. - Nobody cares better than mom.
Mom will always understand and accept him, a little bunny, as he is, with all the cockroaches. Why radically change your life for the sake of someone else's woman? Run. - Living space.
Trite, but true. Muscovites, and not only, spoiled the housing problem. A man is sensitive to his territory. Not only do you live in his apartment, but you also have to be registered there? Need to think… - Lack of housing.
Do not rush to shout that with a sweet paradise and in a removable hut. If your man does not think so, it does not mean that he is evading marriage! What if he really wants to provide a foundation for your family first? There is nothing wrong with this. Talk to him frankly. We wish you to come to a common denominator! - He considers himself free.
He tells everyone (even in your presence) that he is single. No, still like this: "We just live together." Is it worth running. - The influence of friends and relatives.
You don't like his environment. Wait, don't boil. Imagine that your boyfriend's friends are used to dropping by at his weekends with a cistern of beer, watching a sports channel and enjoying life. And now an unfamiliar madam lives on “their” territory, who is not enthusiastic about this kind of gatherings. In this case, they don't like the situation, not you. They will get used if your young man serious intentions towards you. Another question is when information is endlessly poured into his ears that he, handsome and smart, could find Angelina Jolie in the worst case. With friends like that, you don't need enemies. Ultimatums won't save you. Maybe you can bring him into your circle? - Your intimate life is good and regular.
No, no, that's not a typo. Many men are worried that after the stamp in the passport, the girl will “relax”. Like, it will work. And today is bad. In no case! After the wedding it will be even better. - He has children from his first marriage.
And they don't accept you. A difficult situation. It seems that there is no choice. He is always there. Establishing relationships with is not an easy task, but solvable. In one of our articles we talked about this problem. Good luck! Everything will work out if you have patience and desire. - For what?
Then.
But what about women? Do they all, as one, dream of officially registering their relationship and getting the coveted stamp in their passport? Is not a fact. Not all women believe that they will reveal their true potential only in marriage. There are others.
Why women are not in a hurry to get married, but prefer cohabitation:
- Unsuccessful marriage of parents.
If a girl saw all her childhood, for example, drinking father, it is unlikely that she will want to quickly tie the knot. She will need time to make sure that not all men are brawlers and - She makes good money.
Women are successfully engaged in business, earn good money, in short, they are independent and self-sufficient. Too independent. She will raise the child herself, and spend the money as she sees fit. Screw in a light bulb? Yes please. Is the sewer clogged? Praise be to the man who invented the "husband for an hour." She is the head of the family. And the man... Well, let it be. Without a stamp in the passport, it is easier to disperse. - Resentment against the former.
Waiting for a prince, but got a butler. Unfulfilled expectations are another reason why women prefer unformed relationships. Did your ex's opportunities exactly coincide with your desires and expectations? Maybe you should stop being offended and start a new life? - Fear of putting everything on your shoulders.
Many girls are afraid that after the wedding, a man will put on "training shoes", pick up a bottle of beer and stretch out on the couch, lazily switching TV channels. Like, I made you happy, got married, now, my love, take our family on yourself. I wonder if he didn’t drink beer before, where did you get the idea that he would start after the wedding? - There is no love, and being alone is scary.
So he lives with a "convenient" man. It looks like she's not alone. And it’s somehow indecent ... But how is she going to look for “true” love? Hiding in the toilet while texting on social media and dating sites? Lie and dodge, running away on dates? Is it necessary?
What will change if we go to the registry office?
Indeed, how to move from a civil marriage to an official one? Well, register your relationship! Or scary? “What are we afraid of? We have two children, we have been together for fifteen years!” Especially! Your children and you yourself will be protected by law. After all, we live in a state of law! Not so long ago, living together before marriage was considered immoral. And there was no question of living and not planning to register a relationship. Now, there is an opinion that before the registry office “you need to live together, you need to get to know each other better, otherwise you don’t like it?”. What if you don't like it with others? And with the third? So you will "rehearse" family life? Why converge if there is doubt? What to check? Of course, living together is a serious test. But for some reason it is given to us! And disagreements on everyday grounds happen to everyone.
Do you think that the form of relationship, so to speak, “with a clean passport”, sets you up for the opportunity to “rewind the movie”? After all, there is no need to sue, divide property, children, change documents, surname, status. Or vice versa, suggests further life together with a subsequent trip to the registry office? There is no exact answer to the question of which marriage is better civil or official. By the way, the opinion of psychologists on this issue is also different. But one thing is certain and obvious: if you really love each other, if you plan to live with your partner for many years, raise children, enjoy grandchildren and meet old age together, no obstacles and excuses will prevent you from having a common surname and being a real family! Bye! Be happy!
Should marriage be registered?
