Family relations are regulated in the Russian Federation by a separate legal act - the Family Code. He defines the concept of family, explains rights and responsibilities, and clarifies controversial issues. However, this document does not in any way secure marriages that are not officially registered. Previously, a proposal was made to change the Family Code. These amendments, first of all, stated: civil marriage is equal to official marriage. What were the results of considering these innovations, and how in 2021 the relationship between a man and a woman who does not rush to the registry office to get passport stamps is regulated, we will consider in the article.
Misconceptions about civil marriage
According to Russian legislation, namely the Family Code, an officially registered marriage between a man and a woman is called civil or secular.
This is justified by the fact that the IC relates to the civil branch of law and is the main legal act regulating the procedure for conclusion, termination, rights and obligations of spouses, as well as the relationship between parents and children. Based on this, any official marriage is called civil. Most often, the phrase civil marriage is used for actual family relationships (housekeeping, living together, etc.) without registering the union with the registry office. Less commonly, this format of relationship is called cohabitation, de facto marriage or marriage without registration.
In fact, any of the indicated formulations has the right to exist, since it characterizes the format of permanent relations, albeit without official registration.
Important: according to the law, a union registered in accordance with the established procedure in the registry office is recognized as an official marriage. From the point of view of the law, an official marriage is a civil one. Only this format of relationship protects the rights and obligations of spouses, and cohabitation is not regulated by any legal act.
Pros and cons of cohabitation
Civil marriage, like an ordinary one, has pros and cons. In order not to repeat ourselves, when considering the positive aspects of cohabitation, it is necessary to bring to the fore the moral aspects:
- Firstly, cohabitation is a good way to test your feelings. If it doesn’t work out to live together, then you can separate without the unnecessary problems that arise during a divorce;
- secondly, cohabitation can be excellent training for family life;
- thirdly, an official marriage is often based only on a sense of duty to each other and the state, while a 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 a certain freedom in relationships. This is especially true for men;
- secondly, common-law spouses who have lived together for a long time and decide to separate will most likely encounter problems related to the division of property;
- thirdly, children born in cohabitation are not protected from a legal point of view.
A civil marriage is a relationship that has the right to exist. From the point of view of the advantages of cohabitation, it is even somewhat useful. For example, a couple who has decided to get married officially would not mind living in a civil union for at least a few months.
Civil marriage in the Family Code of the Russian Federation in 2021
According to statistics, about 40% of the young population of Russia do not want to officially register family relationships.
They prefer to live in a “civil marriage”. In this case, this formulation refers to the cohabitation of a man and a woman. Such data were obtained during a survey of citizens of the Russian Federation. Based on this information, deputies of the State Duma of the Russian Federation took the initiative to amend the Family Code of Russia in order to legalize the format of family relationships without going through the state registration procedure. But in 2021, these changes were not adopted. In fact, living together and living together without registration in the registry office is still not considered marriage and is not protected by law.
Civil marriage and cohabitation: the same thing?
Now we need to understand the question: are cohabitation and civil marriage the same thing or are there differences?
Most Russian citizens will confidently say that these formulations are synonymous and characterize the same format of relationship: living together without official registration. Read also: Writ of execution for alimony
However, according to current legislation this is not the case. In 2021, civil marriage means marital relations registered in the proper manner.
The joint residence of a man and a woman, as well as the common management of the household and everyday life, is called cohabitation.
What is the difference between a civil marriage and an official one?
If you look at what Russian legislation says about this, then an official marriage concluded in accordance with the accepted procedure is a civil one.
If you study this phrase as a characteristic of family relationships without a visit to the registry office, then civil marriage and cohabitation have a number of differences:
- Property. In the event of a break in the relationship, property acquired during a “civil marriage” cannot be considered jointly acquired. In this case, it will not be possible to divide it. For example, if a couple purchased an apartment with joint money, then upon separation it will go to the person in whose name it is registered. In the event of divorce, all property is subject to mandatory division in half;
- Debts. In the event of a divorce, official spouses, in addition to property, also divide debt obligations in half. In a “civil marriage”, the law cannot oblige the former partner to repay part of the debt; this is his personal decision;
- Inheritance. In the event of the death of one of the cohabitants, the second has no right of inheritance unless a will has been drawn up. If the marriage was officially registered, then after the death of the spouse, the inherited property is divided between the children, parents and partner.
From this point onwards in the article, the definition of “civil marriage” will be applied to relationships without registration of a marriage union in the registry office.
How to prove the fact of cohabitation in court
When separating, a person may need to go to court to resolve property issues - for example, to establish paternity and assign payments to the child.
As a result, you will need to prove the fact of cohabitation:
- Testimony of witnesses - close relatives, friends, colleagues, acquaintances. If those close to you knew that for many years a particular couple was always together at various holidays, events and other events, then the court can take this evidence into account.
- Checks, statements, receipts confirming the fact that a person invested financially in the general household and everyday life. Lawyers say bank statements are one of the most reliable ways to prove cohabitation.
- If a cohabitant is included in the compulsory motor liability insurance policy as a second driver allowed to drive a vehicle, then this document will also act as reliable evidence of cohabitation.
- You can use photographs and video recordings, but practice shows that this is secondary evidence for the court.
What does the Civil Code of the Russian Federation say?
The legislation does not give a clear definition of marriage, but implies a union voluntarily registered in the registry office.
Relationships without official registration can last a long period, accompanied by joint housekeeping and raising children, but are not considered family relationships and are not protected by law.
Such relationships are regulated by the norms of the Civil Code of the Russian Federation, which determines a different position for partners than for official spouses, the relationship between whom is defined in the IC of Russia. All nuances that arise in a couple who actually lead a family life, but have not registered their relationship, are resolved in accordance with the provisions of the Civil, and not the Family Code.
Positive and negative aspects of civil marriage
According to surveys of people who prefer “civil marriage” to official relationships, this format of cohabitation has the following positive aspects:
- The opportunity to test the strength of your relationship in the process of living together;
- Maintaining the status of a free citizen with the actual presence of a family;
- Saving money on organizing a wedding celebration;
- The opportunity to get an education, build a career and prepare the material base for future family relationships;
- The acquired property is not jointly acquired, which makes it possible to preserve it if there are claims on the part of the partner.
Read also: What to do if your wife does not allow you to see your child?
Despite the advantages in relationships of this format, cohabitation also has a number of disadvantages. These include:
- There are frequent cases of misunderstanding on the part of government agencies and institutions, because such a couple is not considered a family by law;
- In the absence of a will, the cohabitant will not be able to inherit the property of the partner in the event of his death;
- When a couple separates, they will have to go through a complex procedure to divide property, which is regulated by the norms of the Civil Code of the Russian Federation;
- Inability to draw up a marriage contract.
In the case of living together in order to get to know each other better, a “civil marriage” often lasts a fairly long period of time and may not lead to registration of the relationship. This is due to the fact that when the partners have taken a closer look at each other and have established everyday life, many look at a trip to the registry office as a formality that means nothing for an already established union.
Fictitious marriage
Although a fictitious marriage is registered in the registry office, it is essentially unreal. It represents a kind of “feigned” type of marriage relationship without the intention of both parties to create a full-fledged family .
The purposes of concluding such false marriages can be very different:
- receiving material benefits - housing, inherited property, state pension;
- obtaining citizenship for a foreigner;
- other selfish goals.
If it is subsequently proven that the marriage was not concluded with the aim of creating a full-fledged family, then the marriage will be dissolved.
Rights of cohabitants when dividing property
“Civil marriage” is not protected by law. Such partners have no property rights and obligations. In the event of a breakdown in relations, the division of property is regulated by the norms of the Civil Code of the Russian Federation.
Joint property
Unlike a marriage registered in the registry office, property acquired by a couple during the period of cohabitation without registration is not community property and is not subject to equal division.
In the event of the breakdown of such a relationship, each partner has an undeniable right to individual ownership of the property acquired by him personally. If any property was acquired jointly, it is not divided in half, but in proportion to the contribution of each party. Moreover, to divide such property, each member of the union must prove the fact of a joint purchase and the amount of their investment.
Division of common shared property of cohabitants
Current Russian legislation does not imply that any property acquired jointly automatically acquires the status of shared ownership.
Cohabitants must independently register shares in this or that property and register it in the manner prescribed by law. As a rule, the size of the share of each property owner is determined in proportion to the contribution to its acquisition, proven by checks, receipts or receipts, and on the basis of an agreement in writing. The subsequent division of such property occurs in accordance with the provisions of Art. 252 of the Civil Code of the Russian Federation.
Article 252 of the Civil Code of the Russian Federation “Division of property in shared ownership and allocation of a share from it”
Division of unregistered property
If the property acquired during the couple’s cohabitation was not registered as shared ownership, then the cohabitants can divide it by concluding a peace agreement.
If it was not possible to reach a compromise, then you can try to defend your share in the joint property in court. To achieve a positive result in court, you will need to prove the following facts:
- Joint residence and housekeeping;
- Availability of a joint budget;
- Acquisition of divisible property using common funds (bank statements, payment documents, etc.).
The result of such proceedings depends on whether the partner can prove the fact of his contribution to the purchase. As judicial practice shows, former cohabitants often fail to divide the property acquired during the relationship.
Read also: Criminal prosecution for non-payment of alimony
