Home » Beauty » Civil marriage and official marriage: what is it and how do they differ? What is the difference between a civil marriage and an official one? Differences in the responsibilities of spouses

Civil marriage and official marriage: what is it and how do they differ? What is the difference between a civil marriage and an official one? Differences in the responsibilities of spouses

When a man and woman begin to live together, they do not expect that in a couple of years, if the partner is not satisfied with something, they will run away. A woman, most often, expects a legal marriage. A man, in most cases, believes that the existing civil union (in fact, cohabitation) is quite normal, and the situation does not require change.

Are citizens who have not received a marriage certificate legally protected under the 2016 legislation? How is it different? official marriage from the cohabitation of spouses? Don't children born into de facto families suffer?

Registered union and actual family relations

Until 1917, only church marriage was considered legal. The husband and wife, having consecrated the union, could claim to inherit the property of the deceased spouse. Only children born after the wedding were recognized as legitimate. In modern society, civil marriage is called official, legal, secular, as opposed to church marriage. Citizens who have not registered a union in the registry office will not be married in a church in 2016.

According to the legislation of the Russian Federation as of 2016, a legal marriage is a union of a man and a woman, recorded by the registry office.

It presupposes marital relations, mutual moral support, and running a joint household.

Registration of a marriage union is aimed at creating a family and having children. After signing the documents, the spouses have legal rights and mutual responsibilities. Only a registered marriage presupposes that the partners have common property, even if one of them does not work but runs a household.

What modern young people call civil marriage is actually called “cohabitation” in the language of the law in 2016. This is the residence of two people of different sexes in the same living space, running a joint household, and owning common property.

Cohabitants also treat each other with respect, love and care. Actual family relationships lead to the birth of children. In fact, a civil marriage is no different from an official union; it is also created to build a family.

But the spouses of such a family do not feel completely protected. For example, in a situation where a girl came to live in a man’s apartment. They can be together for more than a year, both work, but the woman will not be allowed to change anything in the man’s home. Moreover, any quarrel can provoke a break, after which the girl will be left with nothing on the threshold of the house that she lovingly furnished.

A man who enters into an unregistered relationship can suffer no less. For example, a couple lived together for 7 years. During this period they bought a house and a car. To make the woman feel legally protected, the man registered all the new property in her name. As a result of a car accident, the common-law spouse died. All property acquired by the spouses was inherited by the wife's relatives. A man can only get at least some of his things through the courts.

Are civil and official unions equal?

Although a de facto union and an official marriage in everyday life are perceived as a family, only a registered marriage, according to the Family Code of the Russian Federation for 2016, presupposes the legal protection of spouses. Advantages of legal marriage:

There are points that do not suit people who registered an official marriage:

Only after the union has been formalized can a man and woman sign a marriage contract regulating property issues and other aspects family life.

Rights and responsibilities of actual husband and wife

Legal marriage allows spouses to receive not only psychological comfort, but also legal protection. There are no clearly defined rights and obligations of spouses who have entered into a civil union:

Actual marriage is not supported by the state and in the eyes of society remains cohabitation.

Most women who want to gain moral security and are in a civil marriage claim that they are married. Men who prefer freedom, having created an actual family, say that they are not married. According to statistics for 2010, in Russia there are 65,000 more married women than married men.

When a man and a woman break up, grievances and property disputes often arise. For example, if you took out a loan for a car, but issued it to a partner, the property will remain with him, and you will have to pay the balance of the loan. After a breakup, partners have to protect their property rights through the courts, guided by the Civil Code of the Russian Federation.

Citizens note only some of the advantages of de facto marriage:

Legal protection of the child

The state carefully protects the rights of children. Therefore, without legally establishing the legal relationship between actual husband and wife, the 2016 law provides for the retention of parental responsibilities in full.

A child born in a civil marriage has the same rights to material support, moral support and education from his mother and father as those born in an officially concluded union.

If a minor citizen appears in a legal family, his mother and father will automatically recognize him.

At the birth of a descendant in a de facto family, according to the Family Code of Russia for 2016, the father must officially recognize the minor. If this does not happen, the mother, in order to receive financial support, seeks to establish paternity by going to court. Sometimes you have to resort to witness testimony and medical genetic examination.

In 2016, a law has not yet been adopted that equates a civil union to an official marriage. Although a similar proposal was made back in 2015. It was assumed that the basis for recognizing cohabitation as legal should have been a long period of cohabitation - two years. As a result, the actual family would be no different from the officially registered marriage:

Both partners would have equal rights to property acquired during the marriage.
The disabled spouse would be entitled to the assistance of the partner.
The divorce would have to be done through the courts.

Despite the fact that the collection of signatures has begun, 100,000 have not yet been reached and in 2016 only a union registered in the registry office is a legal marriage.

Civil law systems

Most Western European countries and their former colonies have a "civil law" system. Scotland, due to its long-standing alliance with France and the Netherlands, also has such a system. The Scots complain, and not without reason, that their system is clogged 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 a Scottish precedent. These days, the differences between contract law, torts (called "torts" in Scotland) and criminal law are fundamental. On the other hand, in many areas of modern law, they rely on written laws (employment laws, unfair dismissal laws, equal pay for equal work, etc.), Scottish law is identical to English law.

Differences between civil and common law

European Union law is a civil law system. The civil law approach to the creation and interpretation of written laws is fundamentally different from that of English law. This means that when British courts have to resort to European Union law (and in the UK it now has supremacy over all domestic law, it is contrary to it), many of them are faced with an almost foreign system.

Civil law relies on written laws (usually called "codes"), establishing a series of broad principles and leaving it up to judges to interpret them. In doing so, they can seek help from cases that have been decided 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 and attempt to cover every possible scenario that can be envisaged. Of course, not every situation can be taken into account, so British judges are also forced to engage in interpretation, involving the use of precedents and other sources, including the study of textbooks. However, we should not overemphasize this hypothetical distinction, since relevant regulations and directives have been adopted to detail the Treaty of Rome and other primary legislation of the European Union.

On the interpretation of laws, the English (and therefore the British) method involves the need to consider the literal meaning of the adopted words and give them force. It does not matter too much whether the literal meaning will have consequences different from those originally intended, only the result was not patently absurd or nonsense. In this case, the literal meaning can be modified, but only to the extent necessary for the provision to make sense.

An example of a literal approach to the interpretation of the laws of Fisher v. Bell (1961)

The Offensive Weapons Restriction Act 1959 made it an offense to "offer for sale" of a range of offensive weapons, including knock-off knives. The store owner displayed miscarriage knives in the window with price tags attached to them. Did he commit an offense? Although it is clear that the purpose of the law was to punish those who supply the general public with dangerous weapons, it was held that no offense had been committed since, under the law of contract, 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.

The civil law method, on the other hand, is to analyze the purpose of the provision and interpret the words used to formulate it in order to achieve that purpose. This approach is often called a "targeted" approach. The discrepancy between the literal approach (which is still applied in purely domestic law) and the purposive approach (which must be applied when interpreting law made in accordance with our obligations under the European treaties) creates certain problems in the English courts.

An example of different interpretations of written laws

The Transfer of Undertakings Regulation 1981 was passed to give 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 the employment contracts of the enterprise's employees must transfer to the new owner immediately before the transfer. The question arose as to what immediately before meant, since buyers who wished to avoid the burden of transferring to them the seller's employees along with the enterprise itself were inducing him to dismiss 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 an appellate court decision in which the words immediately before were prescribed their literal meaning and it was determined that employees laid off at 3:00 a.m. before the transfer took place were not employed immediately before the transfer took place. . However, the House of Lords subsequently adopted a purposive approach and accepted that the words immediately before delivery should be interpreted in a way that enables the regulation to substantially achieve the purpose for which it was enacted, that is, EU Directive 77/187 came into force.

The conclusion of an official union between a man and a woman is a serious step in the life of every couple. Therefore, the solemn event must be preceded by a balanced decision. However, more and more young people are postponing this step and living together without getting married. What is the difference between an official family and cohabitation? Should we register the union or not? Let's look at the pros and cons.

Entering into an official marriage is the registration of two persons of the opposite sex in the registry office. At the end of the event, the specialist puts a stamp in the passports of citizens with a record of marriage. As soon as such a mark appears on the identity document, the union is considered registered.

Important! Currently, according to law Russian Federation marriage can only be concluded between a man and a woman.

What is a civil marriage? It appeared as an alternative to the church. In the Russian Empire, an official union was concluded in the form of a wedding and an entry in church books. And the civil (secular) people were considered frivolous, and spouses were considered not responsible before God.

After the revolution, the church lost its influence, and the Constitution completely enshrined freedom of religion. Therefore, a civil marriage concluded in specialized bodies began to be considered official.

However, the terminology among the people has been preserved. A “fake” marriage is usually called civil. Now in common parlance this is called cohabitation. That is, living together without concluding an official union.

Thus, it is important to separate concepts. An official (civil) marriage is concluded through the registry office. If the procedure was not followed, it is cohabitation.

Differences between cohabitation and official marriage

Cohabitation means actual marital relations. This is a “lite” version of official marriage. Spouses bear only those rights and responsibilities that they consider necessary. Thus, the couple manages the household, shares income and bed, but does not formalize their relationship legally. Relationships are considered valid only during the period of cohabitation. When citizens stop living together, their rights and responsibilities cease.

An official marriage carries a high level of responsibility, including property. Legal spouses have a significant list of joint rights and obligations. For example:

the spouse has the primary right in inheritance by law;
in case of divorce, acquired property is divided in half;
the possibility of receiving monetary support by a disabled ex-spouse.

Thus, cohabitation can be a trial period before entering into an official marriage. People who have lived together and gotten to know each other's characteristics are less likely to get divorced.

Legality of relations

In accordance with current legislation, cohabitants do not have official rights and responsibilities towards each other. Of particular importance in this situation is the right to property acquired during the period of cohabitation.

To protect citizens who have chosen this type of family life, legislators periodically raise the issue of equating cohabitation with official marriage. For example, in 2018 a bill was considered. The difference between this document and the previous ones was the established period of cohabitation. The required period was cohabitation for 2 years.

In addition, one of the reasons for regular discussion of this issue is the importance of recognizing the legal regime of marital property. In this case, the debts of one cohabitant can be collected from the other. Since the country has an unfavorable credit situation, such a law would slightly ease the tension in the banking system.

Children in legal and unofficial marriage

When children are born, the mother's marital status is of great importance. Even the adoption of a child left without care into a family varies depending on this fact. It is worth considering the issue in more detail. If the parents are in a registered marriage:

If parents cohabit:

Paternity of children must be established through the registry office (with the general consent of the mother and father) or through the court (if one of the parents is against).
Otherwise, the father has no rights and responsibilities in relation to the child, and they are fully assigned to the mother.
In the event of the death of the mother or deprivation of her rights, the father can place his children under guardianship only on a general basis.
When the father dies, the mother must judicial procedure establish paternity posthumously to obtain a pension for children.

Thus, it matters directly to children whether the mother is married or not. When cohabiting, the mother and father must take additional measures to protect the rights of minors.

The issue of property and debts

One of the arguments in favor of cohabitation is the couple's reluctance to have a lavish wedding. Considering yourself responsible and competent, it is necessary to draw up property documents. Thus, to protect your rights during cohabitation, you need to seek the help of a lawyer in order to further protect yourself and your partner:

Make a will.
Allocate shares in property purchased during the period of cohabitation.
When applying for loans for joint purposes, divide the amount in half.

All of these measures are purely voluntary, as is cohabitation. They do not require large financial costs, however, they can protect each party in the event of an emergency.

Each cohabitant is responsible for his own debts and loans. This rule applies even when using this money to purchase property for common use, as a gift to a cohabitant, or when registering ownership of it.

Official spouses are responsible for each other's debts. In case of divorce, the court may decide to divide the loan amount.

This issue can be resolved through a marriage contract or division of property. Cohabitants do not have such rights.

In the event of the death of one of the cohabitants, the second has no rights to his property, including that acquired during the period of cohabitation. This issue can be resolved with the help of a will drawn up in advance.

This document can be challenged by interested citizens. For example, children of the deceased. After marriage, a person is the heir of the first priority. Therefore, he will become the owner of the property of the deceased along with his parents and children. And it is impossible to challenge his right.

Legislative regulation

Relations in an official marriage are regulated by family law, including the property regime of spouses. Moreover, joint responsibilities remain even after the dissolution of the union.

After a divorce, a husband can collect alimony from his wife if his health condition does not allow him to independently provide for his needs. Moreover, after the death of a spouse, disabled citizen may require a survivor's pension.

The concept of cohabitation is not enshrined in regulations. Persons living in such a union do not have mutual legal rights and obligations. Therefore, to the resulting property relations civil law applies.

Pros and cons of cohabitation

Having considered the pros and cons of official marriage, we can look at the second option in more detail. Currently, the majority of young people and established citizens choose cohabitation. This type of family life has its advantages and disadvantages.

The main disadvantage is the lack of legal obligations of the parties. This is especially evident during pregnancy planning. Child care benefits are paid to officially employed women giving birth. However, its size will be only 40% of wages. This amount is catastrophically insufficient to support a mother and child. Therefore, having a man who will help financially is of great importance. However, in the absence of official registration of marriage, financial support is provided on a voluntary basis.

One of the advantages of cohabitation is freedom from financial claims from the other half. A man cannot demand rights to living space, a car, or other property purchased during the period living together, wages and other income of the woman, if it is all registered in her name.

The time spent living together can be considered a trial period. By getting to know each other better and studying everyday habits, a more responsible approach to registering a marriage is possible. One of the most common reasons for divorce is differences in household habits.

We conclude that a civil marriage differs from an official one in its name, the presence/absence of a stamp in the passport and a number of property rights and obligations. Having understood the terminology, you can note the pros and cons of both cohabitation and official marriage. However, the decision to register a union or live together without a stamp must be made by the individual couple.

Established ideas about marriage are a thing of the past. And although the so-called “civil marriage”, that is, free, without property obligations, cohabitation between a man and a woman is becoming the norm, people do not fully understand what it is.

In fact, the concept of civil marriage is misunderstood. A traditional, official marriage is just a civil one. It gives spouses, especially the woman - the expectant mother, a feeling of confidence and security. However, adherents of cohabitation (which is popularly called civil marriage) are confident that the seal and stamp in the passport extinguish feelings, since they put “shackles of obligation” on people.

People make their own decisions about what kind of life they want to live. But it would be useful to understand what can be expected from such a marriage. You also need to be well aware of the consequences of breaking up the relationship.

What is considered an official marriage?

Family Code The Russian Federation points out the characteristic features of the union of a man and a woman:
voluntariness;
freedom of choice;
equality;
monogamy (monogamy).

This document indicates how the marriage is officially registered (clause 2, article 1 of the UK). This is what the registry office is for. After marriage, the state guarantees:
its universal recognition;
protection;
respect for certain rights.

Significant differences between cohabitation and official marriage

The law states that the mother’s husband will be recognized as the father of a child born in marriage (Clause 2, Article 48 of the Family Code). However, a child may be born in special situations:
after divorce;

After my father's death.

In order for the spouse (former or deceased) of the mother to be recognized as the father of the child, the baby must be born no later than 300 days after the divorce or death of the father. There is a presumption of paternity in effect. In other words, a man is recognized as a father by default, although he has the right to file a lawsuit asking not to recognize him as a father, since the child is not his own.

Similar circumstances during cohabitation are regulated by clause 2 of Art. 51 SK. If the child was born out of wedlock, you will need:
cohabitants submit a joint application to recognize the man as the father of the child;
father to submit a statement of similar content.

Let’s say the “common-law husband” (simply a cohabitant) does not want to submit such an application. Then at the registry office the illegitimate child receives the mother’s surname. She will be entered in the column where the father's last name should appear. The mother chooses the name. The middle name is also chosen according to the personal preference of the mother.

However, a man can prove his paternity. The results of genetic testing are presented to the court as evidence. There are life situations when this is required.

Division of property

It is worth noting that in an official marriage, spouses have jointly acquired property. It is common property unless a marriage contract has been drawn up, which has its own nuances from the point of view of the law.

According to general rules, it does not matter:
what's the money in family budget only one of the spouses who worked or had other income contributed;
that the property is registered in the name of one spouse.

And yet, sometimes it is necessary to divide property not only during a divorce (which is natural), but also during a marriage, in order to make the marital relationship more comfortable. By the way, property can be divided within 3 years after a divorce.

Article 35 of the Family Code (clause 1) indicates that mutual consent of the spouses is required in order for joint property to:
own;
dispose of;
use.

If one of the spouses independently manipulates the common property, the other spouse has the right not to recognize the legality of these actions. But in case of cohabitation, the property is owned by the one who acquired it (clause 2 of Article 218 of the Civil Code). As evidence you can present:
checks;
other documents confirming the buyer’s identity.

In this case, it is very difficult to prove that the other cohabitant also contributed a certain amount to purchase the property.

People make their own decisions about what kind of life they want to live. It would be a good idea to consult with a lawyer about what to expect from such a marriage. You also need to be well aware of the consequences of breaking up the relationship.

What is considered an official marriage?

The Family Code of the Russian Federation indicates the characteristic features of the union of a man and a woman:

voluntariness;
freedom of choice;
equality;
monogamy (monogamy).

This document indicates how the marriage is officially registered (clause 2, article 1 of the UK). This is what the registry office is for. After marriage, the state guarantees:

its universal recognition;
protection;
respect for certain rights.

Significant differences between cohabitation and official marriage

The law states that the mother’s husband will be recognized as the father of a child born in marriage (Clause 2, Article 48 of the Family Code). However, a child may be born in special situations:

after divorce;
after the death of his father.

Similar circumstances during cohabitation are regulated by clause 2 of Art. 51 SK. If the child was born out of wedlock, you will need:

cohabitants submit a joint application to recognize the man as the father of the child;
father to submit a statement of similar content.

However, a man can prove his paternity. The results of genetic testing are presented to the court as evidence. There are life situations when this is required.

For example, citizen R. contacted a lawyer and wanted to give his child his last name. As it turned out later, his former partner (the child’s mother) died, and the baby was raised by the mother’s parents. However, their daughter left the child a large inheritance in the form of an apartment in the capital, and the grandparents obtained guardianship.

Citizen R., with the assistance of a lawyer, managed to prove his paternity. However, the guardians' lawyers were able to correctly substantiate their clients' position:

the father knew about the existence of the child, but was not interested in him and did not pay child support;
guardianship is formalized according to all rules.

Division of property

According to general rules, it does not matter:

that only one of the spouses, who worked or had other income, contributed money to the family budget;
that the property is registered in the name of one spouse.

And yet, lawyers advise dividing property not only during a divorce (which is natural), but also during a marriage, in order to make the marital relationship more comfortable. By the way, property can be divided within 3 years after a divorce.

Article 35 of the Family Code (clause 1) indicates that mutual consent of the spouses is required in order for joint property to:

own;
dispose of;
use.

checks;
other documents confirming the buyer’s identity.

In this case, it is very difficult to prove that the other cohabitant also contributed a certain amount to purchase the property.

Legal assistance

A lawyer defending the position of a former cohabitant who wants to get his money back for property faces serious challenges.

1. It is required to prove that the other party to the conflict did not have the opportunity to purchase the property on their own, since they did not have the funds to do so.

2. It will be necessary to identify witnesses who would confirm that the property was purchased with the client’s money.

3. In some cases, the identity of the person who recorded the jointly acquired property plays a role. Perhaps such “civil marriages” are repeated with enviable frequency and strengthen the financial condition of the defendant. There is evidence of fraud.

Also, the money that the cohabitants had was, as it were, in joint ownership and were intended for current purchases, upon termination of the relationship they become not just a subject of dispute. One of the former cohabitants may claim that another member of the failed family simply stole them.

There are situations when one cohabitant files a police report against the other, accusing him of ordinary theft. After all, in essence, these people remain strangers to each other, since they can separate at any moment. Therefore, in order for them to understand their relationship, they need the help of a lawyer.

A competent lawyer will first of all competently advise a citizen who approaches him on any issue regarding family law. Perhaps the conflict situation can be resolved at the negotiating table. Otherwise, you will need legal support in court.