In an effort to test their relationship for strength, young people are in no hurry to officially register them. In Moscow alone, the number of civil marriages is already 40% of the total mass. Such an alliance has many advantages, but also many disadvantages, the main of which is insecurity before the law. The state does not encourage formal cohabitation, which means that in the event of a "divorce" you will have to sweat to prove your rights.
Civil marriage: the essence of the concept
This situation is a double-edged sword. On the one hand, if people trust and love each other, then why not formalize the relationship. On the other hand, is the stamp in the passport important when loyalty and sincere feelings are at stake? No, it’s not so significant, lawyers will tell you, because the sign will not keep the spouse if he or she finds love on the side. No, this does not promise your joint children the presence of two happy, smiling parents. But ... This will give you some legal guarantees that will protect you before the law and will not leave you on the street without a penny for your soul. Therefore, if you decide to begin the stage of a serious relationship, it is better to formalize them.
But there are times when, for some reason, people do not want or cannot do this. Then they decide on a civil marriage - the joint residence of two people, based on love, material or other benefits, not fixed by documents, only by verbal agreement. Such a union is not officially recognized by the church, nor the state, nor society.
Reasons for creating
Young people usually enter into a civil marriage. The main reason for the conclusion of such a union, they said, is to test the relationship for strength. And also - the definition of compatibility, which is very multifaceted:
- sexual harmony;
- the presence of common interests;
- age compatibility;
- the same views on the model of relationships and parenting;
- astrological and psychic compatibility and so on.
We can name more than two dozen different manifestations of harmony. For some couples, mutual love is important, for others - equal rights in the family, for third - partnership. But be that as it may, both men and women in most cases claim the following: they begin to live together not because of the above reasons, but in order to check sexual compatibility.
It is no secret that it is in youth that the physical aspect of relationships is very important. Only with age does it come to realize that where there is a feeling, sex will always be a pleasure. But an alliance based solely on physiology is doomed to failure: the attraction passes over time, and true love lives forever.
Property
Living under one roof, a couple over the years acquires many common things: an apartment, a car, appliances, paintings, jewelry. Who will own all this good when the ship of family happiness goes down? Lawyers are sure: the ideal option is an agreement between the spouses. That is, an honest division of existing values, without conflicts and lawsuits. If you can’t solve this problem peacefully, you should seek legal assistance.
In Russia, it is impossible to apply family law to couples who have entered into a civil marriage. Property in this case is a moot point. But do not despair, because there are other partition mechanisms.First, each spouse, by law, owns the values inherited by them from their parents or other relatives, if there is a supporting document. Therefore, if your mother bequeathed your country house to your wife, you have no right to apply for it. Secondly, everyone has the right to their personal belongings (clothes, hygiene items, jewelry, watches, etc.), regardless of what type of relationship you maintain - official or civil marriage. The division of property under such circumstances occurs according to this principle: everyone gets into the property what he wore, dressed or used for work or leisure.
Share
If you took care to save documents confirming that it was your money savings that went to pay for the TV, refrigerator, car, etc., then the court will be on your side. Property can be recognized as personal property, and there will be no problems with it. But this happens only in isolated cases. Firstly, often the family does not have such documents. The fact is that they are difficult to formalize. After all, if the loan for the apartment was paid from the husband’s salary, this does not mean that he did not use his wife’s money to satisfy personal needs: food, transportation, and the purchase of hygiene products. Secondly, it would be unfair to pick up a car from his wife. Perhaps she invested in her acquisition, which, incidentally, was committed for the purpose of joint exploitation. Which is also important.
Representatives of Themis in such cases determine the shares of the spouses - equal or in percentage terms. Judicial practice proceeds from the following principles: the very fact of cohabitation, maintaining a common household, sharing property, except for personal one. When a section occurs, civil marriage does not fall under the articles of the family code. At the same time, in such situations, the principle of shared parts can be successfully applied.
Required documents
Usually, when a civil marriage is concluded, the division of property is performed according to the scheme 50 to 50. This is correct if both work and do not have financial and material claims. If one of the spouses sits on the other’s neck, the court can determine the percentage share at its discretion. In order to calculate it fairly, a man and a woman must file a lawsuit in which it is necessary to indicate:
- All facts of expensive purchases and real estate.
- List and attach copies of documents confirming your words.
- Write the names, addresses and phone numbers of relatives, friends, acquaintances who can attest to the purchase and that it was completed by both spouses.
- List what property you are applying for and why, indicate its price.
Be sure to confirm that you consider the controversial things common, and not personal, since they were bought with money from both spouses and for sharing. Thus, you can achieve justice and apply to your case the rules, if not family, but common civil law.
Children
If for a property acquired by joint efforts a suitable article in the law is sometimes difficult and controversial, then with the offspring born in cohabitation, the situation is much simpler. The Russian Themis is democratic to them: if it is a civil marriage, the rights and duties of such babies are similar to those of children born in an official union. If the father does not protest and does not deny, the child without any problems gets his name and patronymic. He is also guaranteed the right to material security, education, care.
If the father refuses to recognize his direct participation in the birth of the child, this fact can be proved in court. The mother must write a request for paternity. Various evidences can be attached to the document: general family photographs, letters from the maternity hospital, testimonies of relatives that a particular person is a dad. Ultimately, the court will order a DNA test.The husband’s refusal from the examination is not terrible: in this case, the baby is automatically recognized as his child. Thus, even if you have a civil marriage, the children born in it are absolutely full members of society.
Alimony
This is the most painful question for a mother who is left with a baby in her arms. Do not be upset: your former common-law spouse must support the baby. And to prove his paternity, as was written above, is not difficult. The procedure will take some time, but it's worth it. Usually Themis sets the penalty in the following percentage: 25% of the income for one child, 33% - for two, 50% - for three or more. But there are times when they stop at a fixed amount, for example, 6 thousand rubles a month for one baby.
The duration of the procedure is influenced by many factors. Quick and easy, long and time-consuming - in different ways you can arrange child support. Civil marriage provides the easiest option - an oral agreement between parents. The parties voluntarily determine their duties and steadily fulfill them. If someone does not agree with the conditions, pays for the maintenance of the child irregularly or flatly refuses to do it, you can force him to perform his father's duties in court.
Alimony recovery procedure
It is carried out on the basis of a court order, a writ of execution and a payment agreement certified by a notary. Having received all the necessary documents, the bailiffs warn their father about the beginning of monthly payments. If he refuses, the court analyzes the parent's income and withdraws money from his salary, pension, cash income from another type of activity, and so on. There are times when the father does not have official earnings. Then the penalty is paid to the property of the debtor.
If the father shamefully escaped, and it was not possible to find him at the address and place of work, he was put on the wanted list. The mother is obliged to provide the police with all the information she knows about where her ex-husband may be hiding, what kind of hidden income he may have, and so on. This will speed up the process of tracing a fugitive, significantly increase the likelihood of paying them alimony.
As you can see, even if you entered into a civil marriage, your baby is quite reliably protected by law. He is not obliged to suffer and experience material difficulties only because his parents decided to leave their relationship at the level of cohabitation due to stupidity, unwillingness and whim.
Conclusion
Of course, a civil marriage is a profitable thing if you are young, not burdened with offspring and have not yet acquired substantial wealth. This is a great way out when you both make good money and are ready to spend money together on the acquisition of the various benefits of civilization. The advantages are obvious if you plan to cohabit for a long time.
When the plans include the birth of common children, the acquisition of houses and apartments, it is better, of course, to formalize the relationship. So you simplify your life, provide yourself with the rights guaranteed by the civil code. A marriage registered in a registry office will make your family real. Agree, when the baby grows up and begins to ask questions, it will be difficult for him to explain why all his friends in the kindergarten have an official dad, and he does not.
You can get around the disadvantages of civil marriage. As already mentioned, the ways out of this situation will be shared agreements, oral agreements, DNA test, conscience and responsibility, finally. But why reinvent the wheel, if it has already been done before us? Instead of going in a roundabout way, isn’t it easier to put a stamp on your passport in one fell swoop and forget about these problems?
