Cohabitation of a man and a woman, whose goal is to create a family, give birth and raise children, and housekeeping, which is not accompanied by marriage registration in the registry office, is commonly called civil marriage.
A little about the meaning of the term "civil marriage"
Of course, here we are not talking about the officially adopted definition of this concept, since it simply does not exist in our country, but about a public understanding of its meaning.
But what does legal marriage mean from a legal point of view? The union of a man and a woman, registered in state bodies, but not registered by the church (the wedding ceremony has not been completed) is also called civil or secular. In fact, this is an ordinary marriage between a man and a woman. But marriage without legal registration is usually called actual or use the term "cohabitation".
Formal marriage
Since the first concept of civil marriage is the most common, we consider this phenomenon from the generally accepted side. It is important to note that such a marriage is not illegal due to the lack of registration of the union, and the persons who are in it have all the rights and obligations stipulated by law.
But even today in modern society, such a form as “civil marriage” can be perceived negatively, as a rule, due to the conservative views of the older generation.
It is important to understand that although the legislation does not prohibit its citizens from forming families bypassing the official registration process, at the same time, certain issues related, for example, to the division of property or the establishment of paternity, are not sufficiently regulated.
Advantages and disadvantages
What does civil marriage mean? It's no secret that for some people, the conclusion of an official marriage is less profitable than living in a civil marriage. This issue must be considered from two sides - moral and legal.
From a moral point of view, people do not feel constrained by the family framework, and the end of such a relationship does not lead to endless disputes and lawsuits. However, the legal component of the issue is rather shaky and carries a lot of unresolved nuances.
In practice, as a rule, the collapse of a civil marriage leads to the fact that one of the spouses is unable to protect their interests and remains with nothing. Thus, such a marriage is beneficial to more affluent people, because in the event of its termination, they have every right to take their part of the property without legal proceedings.
It should be noted that the concept of “civil marriage” does not provide for the requirement for spouses to fulfill family obligations enshrined in the Family Code of the Russian Federation.
There are some limitations to the issue of inheritance. For persons registered in an official marriage, it is solved quite simply and clearly - a widower or widow, together with children and parents, are in the first stage of inheritance. In a common-law marriage, a spouse will only be able to obtain part of the property if he or she is indicated in the will. Only then will the right to inherit arise.
One of the significant disadvantages in such relations may be the problem with obtaining a loan, mortgage and other documentation.
Minus or plus?
Often, answering the question of what a civil marriage means, you can get an answer - this is a marriage without guarantees. On the one hand, everything is true - such a marriage does not really bind its participants with legal obligations. But on the other hand, can it be firmly said that a registered marriage gives any guarantees? People who are in a registered marriage sometimes simply do not want to burden themselves with divorce, or they are bound by a child or other obligations (mortgage, credit). Therefore, such couples are trying to return already cooled feelings, sometimes without knowing why. Doubtful guarantees. Perhaps in this "minus" lies the biggest plus of civil marriage.
Also, speaking of this type of relationship, one cannot but touch upon the moral side of the issue. From a conservative point of view, civil marriage is immoral, and the couple should legitimize their relationship. But if you think about it, many couples get divorced only because they could not get along together. Then it is logical to first try to lead a life together and after that think about legitimizing relations.
Proof of Civil Marriage
Persons in a civil marriage may need to prove the fact of cohabitation in such a marriage (for example, during the resolution of disputes on the division of property in court) due to the absence of stamps in their passports. Evidence of such a marriage may be:
- evidence of civil marriage;
- presentation of the birth certificate of the child in which the man (common-law husband) is indicated by the father of the child;
- material evidence (joint videos, photos, letters, checks on joint purchases, rental agreements and other materials).
Property in the decay of a civil marriage
Many people are interested in the question: "Will the jointly acquired property be considered common and according to what rules will the property be divided in a civil marriage when it breaks up?" Article 34 of the Family Code of the Russian Federation states that property acquired by spouses in marriage is their joint property, but the Supreme Court advises seeking an answer to this question in the Civil Code of the Russian Federation. Thus, property acquired in a civil marriage is a joint or common shared property (that is, depending on the nature of the participation of persons in its acquisition). If the share of each spouse is known in a certain property, then such property will be divided between them according to the rule of common shared ownership. This means that the spouse will receive the part of the property that was contributed by him for its acquisition. In practice, the parties may not agree on the size of their share. Then the property will be divided between them according to the rule of common joint ownership (that is, in half).
The appearance of the child in a civil marriage
In the Russian Federation, children born in an unofficial (unregistered) marriage are endowed with the same rights as children born in an official marriage. There is only one serious difference - the lack of the presumption of paternity, the recognition of which can take two forms:
- voluntary - the common-law husband voluntarily submits a paternity application to the registry office;
- judicial (compulsory) - if the common-law husband denies his paternity, then interested parties (common-law wife, guardian, grandmother or other relatives) may file a paternity application with the court.
As a rule, a person who does not recognize his paternity pursues such a goal as avoiding the payment of alimony in a civil marriage. In this case, the court appoints a forensic genetic examination, which is often simply not affordable for those interested. It should be noted that in the case of paternity, child support is paid in the generally established manner.
Other features
When making legally significant actions, being in a civil marriage, it is important to remember responsibility and be careful. To protect your rights, you must:
- draw up all contracts of sale for two people, because the division of property in a civil marriage in the event of its termination is carried out on the basis of the rule on common shared ownership (as mentioned above);
- remember that the civil husband and wife are exempted from the duties specified in the Family Code of the Russian Federation;
- if there is a need to protect their own interests, spouses can go to court;
- to know that the conclusion of a marriage contract for persons in a civil marriage is impossible, but no one prohibits concluding agreements on payments, the rules for using personal property, and the like.
Summarizing
So, what does a civil marriage mean and what conditions allow individuals to be considered a civil husband and wife:
- The lack of a registered marriage certificate.
- Shared accommodation "under one roof".
- Joint venture management.
- And, of course, the presence of a romantic relationship.
Today in our and other countries, young people are increasingly practicing the civil form of marriage. A couple who lives in the same apartment and does not have stamps in their passport will not surprise anyone. People decide for themselves whether they should live a common-law marriage or marry legally, but if you choose the first option, it is better to immediately discuss with your common-law husband or wife all the unregulated parties to this type of relationship.