Relations between a man and a woman play an important role in human life. Today, one can encounter various forms of so-called marriage. This is a relationship in a pair that is registered in one way or another. Special attention requires actual marriage. What it is? How is it different from civil? What are the pros and cons? We have to answer all these questions further. In reality, everything is much simpler than it seems. We also have to understand how to formalize relations in an official manner. Not everyone knows the features of such a process.
Civil marriage
To begin with, a little understanding of terminology. Today distinguish between actual and civil marriage. What it is? Let's start with the second concept. From the point of view of the law, a civil marriage is a relationship officially registered with the registry office. In other words, this is a common life after the wedding. That is the meaning of civil marriage among lawyers.
Nevertheless, this terminology is often used in a different meaning. Civil marriage is most often called the process of cohabitation of a man and a woman. In this case, people live under one roof, live together, but their relationship is not officially registered in the registry office.
Actual union
The next important term is actual marriage. What kind of concept is this? How does it differ from civil marriage? Further in the text, the legal interpretation will be understood. Actual marriage is a process in which people live together, build relationships, and even give birth to children. Unlike official registration, such a scenario is not recorded anywhere.
In other words, an actual marriage is a cohabitation of a man and a woman, an analogue of a generally accepted (non-legal) civil marriage. This form of relationship is often intermediate between “just meeting” and “status of husband and wife”. Despite this, actual marriages in Russia are spreading quite quickly. People do not rush to the registry offices to register a relationship. And there are reasons for that. The concept of actual marriage is now clear. But what are the pros and cons of this form of relationship?
The advantages of civil marriage
The official form of joint venture has its advantages and disadvantages. What is this about? First of all, it remains to be seen why the population is attracted by the registry office. Why register a relationship if you can do without this feature? The fact is that among the main advantages of civil marriage distinguish the security of family relations. Citizens after painting in the registry office will be considered official spouses. Their relationship will be regulated in accordance with the Family Code of the Russian Federation.
In addition, civil marriage:
- Gives special rights to husband / wife. For example, in some hospitals only official spouses are allowed to visit patients.
- It gives the parties security and clarity of relations of both a property and non-property nature.
- At the birth of children, official marriage eliminates most of the problems. For example, children will be able to take the name of their father without additional paperwork. In addition, in formal relationships, parenting is easier.
- The division of property during a divorce will be carried out in accordance with the RF IC. In addition, spouses can enter into a prenuptial agreement.It will help clarify the principles of sharing common property.
Accordingly, such a form of relationship is certain guarantees. As already mentioned, actual marriage is still quite common in Russia. Why are citizens in no hurry to formalize the relationship?
Disadvantages of registration in a registry office
Enough to think carefully about the consequences of such a decision. As has already been emphasized, common-law marriage grants husband and wife special rights. This is a completely new stage in the relationship, requiring great responsibility. Some just beneficial not to sign. The disadvantages of civil marriage are not so many. These include:
- Responsibility to relatives, spouses and children. Relations in the family, as was emphasized earlier, are regulated by the Family Code of the Russian Federation.
- Terminating a relationship in case of conflict is not so simple. Actual marriage allows people to just leave and not to remember each other. Formally registered relationships require additional paperwork for divorce.
- Having common children greatly complicates the process of divorce.
- After the dissolution of the official marriage, the spouses have some obligations to each other and to the children. To prove them is not difficult.
That is why everyone decides what to do. Making a marriage is a fairly simple procedure. And its termination often involves problems. Nevertheless, special attention requires actual marriage. What are its pros and cons?
The benefits of cohabitation
In fact, everything is not as simple as it seems. Earlier in Russia, the actual union was significant. It was enough to share one bed and lead a joint life in order to officially be listed as a family. But in 1944, everything changed. Citizens from that time had to go through the official registration of relations in the registry office. At the same time, persons living together could indicate the duration of the actual relationship. What makes an actual marriage stand out? For and against this form of relationship all people speak out. It is enough for someone to live under one roof, for some it is important to have a stamp in the passport for peace of mind.
Among the positive aspects of the actual marriage are:
- Lack of responsibility to the spouse. As noted earlier, in conflict situations, people can simply leave without consequences.
- Freedom. Many understand that actual living with a citizen is a kind of freedom. Today you can live with one person, tomorrow with another. No one owes anything to anyone.
- Property relations. An undoubted advantage is the fact that everything acquired in an actual marriage is not recognized as joint. What is bought by the husband is reserved only for the husband. And all the property of the wife is only her property.
Perhaps all these features can also be attributed to disadvantages. Actual marriage is a minimum of responsibility and a maximum of judicial debate, if the parties have obvious conflicts.
Property
Special attention should be paid to property issues related to cohabitation. Often people disagree on the principle of "who bought what belongs to that." But such situations are ideal. Often the breakdown of relations in people is accompanied by mutual hostility and conflict. What does actual marriage mean? The division of property in this case will be carried out under the direction of not the Family Code of the country, but Civil. What does this mean? All joint property acquired through actual cohabitation is shared as shared property. In other words, if a man has not invested a dime in buying a common-law wife’s apartment, he does not have any views on her. Otherwise, the courts take into account who contributed what part of the acquisition of property.
Important:
- joint management is not taken for work;
- the earnings of citizens and their other incomes are not considered joint;
- take into account the degree of participation in the transaction and personal investments of each party.
It is noted that the actual marriage to the division of property is often accompanied by judicial debate. Therefore, such disputes are often settled fairly. Not always, but very often it is. The disadvantages of the process include only that domestic work will not be taken into account by the court.
About legal consequences
Are actual marriages currently recognized? Quite. In court, if you wish, you can prove the fact of conducting a joint farm. But in practice, such cases are extremely rare. What are the legal implications of informal relationships? Among them, the following features are distinguished:
- children do not receive the father's last name "default";
- dad can assign his last name to minors only after acknowledgment of paternity;
- everything that is acquired in marriage is not considered jointly acquired.
Important: children born in a civil and factual marriage have the same rights. The only difference is that in the second case you have to prove kinship with your father. For this, a genetic examination was invented long ago.
Relationship Design
Marriage legal and factual implies a certain behavior of citizens. The fact is that in the first case it is necessary to officially register the relationship, for example, in the registry office. And with actual cohabitation, no such manipulations are needed. Registration of marriage is carried out by the Wedding Palace. Citizens who decide to become husband and wife should:
- Collect a specific package of documents. Usually enough passports of the parties. If the bride is pregnant, in order to expedite the registration procedure, you can bring a doctor’s certificate with you.
- To write an application. It is filled in the registry office.
- Pay marriage registration fee. Today in Russia, such an operation will cost 350 rubles.
- Set a date for painting. Usually people celebrate a wedding on this day.
- Wait for the moment of registration of the relationship. At the appointed date and time, come to the Wedding Palace, confirm the operation and receive a certificate of the established form.
In fact, everything is much simpler than it seems. However, not everyone can marry. What restrictions exist in Russia?
Limitations and Prohibitions for Registration
They are not very many. Usually, civil marriage means a mutual decision to conduct a common economy in an official manner. The decision must be made by the bride and groom without pressure and threats. Otherwise, registration can be canceled. To date, the actual marriage has no restrictions. But civilians are not allowed to all. You must remember the following features of registration in the registry office:
- Applicants may only be adults. In some cases (most often during the pregnancy of the bride), marriage is permitted from 16 years.
- The decision on painting is made only on its own. This is a mutual decision of future spouses.
- You cannot marry close relatives. Blood relationship is a hindrance to registration.
- Only competent persons can participate in the process.
- A wedding in Russia is held between a man and a woman. Same-sex marriage is prohibited in the country.
In principle, any adequate couple who have reached the age of majority may apply to the registry office for formalizing the relationship. But people with non-traditional sexual orientation in Russia will have to be content with cohabitation.
Start of actual marriage
Now it’s clear how civil marriage differs from the actual one. In fact, everything is not as difficult as it might seem at first glance. How does an actual relationship begin? What characterizes this period? Nothing special. Civil marriage, as already noted, requires citizens to register at the registry office, accompanied by the issuance of a certificate. After this, the couple will be considered official spouses.The actual marriage starts from the moment the parties live together. As soon as people come together and organize common life and leisure, their relationship can be considered valid. No registration or celebration. The same goes for terminating an actual marriage. People disperse and stop conducting joint farming.
Examples
Now some illustrative examples. Not everyone understands the difference between these concepts. What is an actual marriage? Life examples often demonstrate that such a form of relationship is possible only between 100% honest and loving people. In other cases, you have to get security and some state guarantees by registering with the registry office.
So, if a couple meets and lives together (it doesn’t matter who exactly, even with the spouse’s parents), then this is an actual marriage. At the same time, the parties themselves agree on how they will conduct their life. For example, a woman takes on "female" responsibilities - upkeep, cooking, and a man - "male" - repair, beat, move. Earnings often have such a pair of their own. The income of a guy and a girl is considered personal, people give equal shares for general expenses.
Suppose a family is born to a joint child. A similar cell of society lives with the spouse in the apartment or bought by him after starting a relationship with the child’s mother. What will happen in case of a divorce? Mom and baby risk staying outside. Especially if at the same time the woman does not have her own housing and work. For example, a man promised to take on all the costs of maintaining the family in return for the fact that the woman will deal exclusively with the house and children. It is difficult to obtain child support for a minor - you will have to prove the relationship of the child with the spouse. In fact, with a “divorce,” husbands simply drive their wives out, and they forget about the children at all.
Now it should be clear what actual marriage is. Examples from life are sometimes different. Say a guy and a girl have been dating for a long time and are living together. They have children born, property is drawn up mainly on a woman for one reason or another. And then mom falls in love and goes to another man. The former spouse will be left without property, he will have to seek the establishment of paternity through a court. Accordingly, actual and civil marriage are two completely different forms of relationship. But, as already mentioned, it is possible to prove the conduct of a joint farm in a judicial proceeding. How exactly?
Marriage Recognition
If you prepare in advance, then recognize the marriage of the actual type is not difficult. To do this, you will have to prove the conduct of a joint farm. Are actual marriages currently recognized? Yes, but only through court. As evidence of the relationship, you can show:
- records of telephone conversations;
- joint photos;
- correspondence;
- testimony of witnesses;
- video materials;
- medical reports (in the case of recognition of paternity);
- Payment confirming joint purchases.
In fact, anything that could indicate a relationship between two people is evidence in court. A recognition of the actual marriage takes place. All of the above evidence helps not to recognize the marriage as officially registered, but to indicate the conduct of a joint life, to emphasize the presence of shared ownership and kinship with children.
What to choose
Now it is clear what constitutes an actual marriage. The pros and cons of it are evident. In addition, his differences from the civil union are also no longer a secret. Some couples do not know what exactly to choose. Which relationship option is most beneficial? Civil marriage with official registration is the preferred union. Such a scheme of joint venture protects spouses as much as possible from deception and injustice. Yes, marriage will be a fairly serious step with increased responsibility.But in such relationships there are more pluses than minuses.
The actual union cannot be crossed out either. This is a normal stage in the development of relationships. The main thing is not to be in such an alliance for too long. For example, you can apply to the registry office, then come together and live in a de facto union before the official list. It is this decision that becomes the most logical.
It is noted that long stays without registered relationships in Russia are most often welcomed by men. At the same time, a strong half of society considers their cohabitants ordinary girls, while women believe that they have the status of wives, but without a stamp in the passport. It is noted that people who have been living without painting for a long time either live like this all the time, or sooner or later diverge. To play a wedding in this situation is not so simple - it is not always possible to prove the need for action.
Summary
From now on, it is clear how the actual marriage relations differ from those registered in the registry office. We can say that this alignment is the freedom of the spouses, the absence of responsibility and any guarantees. Therefore, it is customary to consider relations formally formalized as a more reliable union. In addition, neither the state nor the church recognizes cohabitation. Such relationships are often regarded as fornication and mockery of the institution of the family. Nevertheless, it is far from always possible to register with the registry office. This is especially true for people with non-traditional sexual orientation in Russia. Actual marriage is an intermediate link between the status of “boyfriend and girlfriend” and “husband and wife”. The normal stage of a relationship with which you should not prolong. Everyone decides how to live. But civil marriage gives spouses special rights, duties and responsibilities.