What does civil marriage mean? What is civil marriage and cohabitation In the Russian Federation, only the civil form of marriage is recognized

Historically and legally, at the moment, a civil marriage is considered a family relationship of a heterosexual couple, registered in the registry office, but without religious evidence. It is this wording that is used in legal, legal and other fixed aspects. However, there is a difference in understanding between the legal definition and the popular, everyday understanding. Over time, the meaning of the concept was changed and, starting from the post-Soviet times, it became synonymous with cohabitation. Many sources reflect just such an interpretation, implying the absence of not only church, but also state registration of relations.

More than eighty percent of our contemporaries surveyed under the age of thirty choose civil marriage, a couple of decades ago this figure was no higher than fifty percent. At the same time, apart from the state stamp, the very form of building relationships does not differ in any way from the officially and church-registered one. The couple manages the household together, lives together, has common savings or debts, has children and visits relatives on weekends. Such relations, as well as official ones, are regulated by the current legislation and relevant articles. In some moments they simplify life, in others they complicate it - like any situation, the issue of registering relationships has two sides.

Such relationships are quite convenient for many, as they provide a lot of freedom and a minimum amount of externally regulated responsibility. In addition to the legislative aspects, the advantages of civil marriage are also in the psychological self-awareness of a person. It is resorted to as an alternative by those who are disappointed in the classical marriage, as well as those who are comfortable living together for a certain period of time. Often such cohabitation occurs among students studying in other cities and then returning back or among divorced people.

Pros and cons of civil marriage

The popularity of civil marriage is not surprising, since this form of relationship gives a greater sense of freedom, does not feed stereotypes that have long become obsolete, but rather opens the way for experiments. At the same time, not all such choices are dictated by personal desire, some are forced to agree to this type of interaction, while enduring dissatisfaction.

The advantages of civil marriage, as well as its disadvantages, are vigorously discussed by supporters and opponents, and in order to make your decision, you need to understand the concept. Of the points that testify in favor of this kind of relationship is the possibility of verification or a kind of rehearsal.

Without registering relationships, without giving eternal vows, people can test themselves for their readiness to live together and their partner for compliance with their own ideas and wishes, to understand how compatible they are in everyday terms and ways to realize their potential. This is an opportunity to finally take a closer look and see with whom you are going to build a future life.

Such opportunities are absent during the period of courtship, because it is easy to hide flaws due to a short stay nearby. When a person is nearby for most of the day and manifests himself in everyday life, many negative qualities come to light. That is, such a trial version allows you to protect yourself from an early divorce, when life kills all romance.

There is no need to please the relatives of your partner, moreover, you can not communicate with them at all or not get acquainted. This also includes the fulfillment of all the roles imposed by society - the hostess, the handyman, the smiling daughter-in-law, the helping son-in-law. You can go on living your life buying convenience foods at the supermarket and forgetting your partner's mom's birthday. You can do something solely from your own desire, and at the same time you will not be reproached, and your soul mate will not be told at every meeting that you need to get a divorce.

The biggest advantage is the feeling that these relationships are based on mutual feelings, love, affection, and not obligations and to lose material security. When any person can leave, without obstacles from the outside world, the other feels needed and important. Romantics and people who value each other choose freedom in relationships with care for their partner, providing him with a daily choice and the opportunity to both leave and stay without resorting to blackmail tricks. This option is optimal for those who care about a person and his feelings, and not for those who strive to maintain the appearance of a family, having lovers and not greeting their spouse.

Divorced people or those who have stepped over a certain age, disappointed in official relations or trust in others in principle, choose this type of relationship. This allows not to correct two accomplished personalities, each continues to live in relation to the life concept that has been formed over the years. In addition, rich life experience (often negative) makes you stay away from eternal oaths and any bonds of relationship. If you choose high-quality communication with mature self-sufficient individuals, then no registration is a great option.

The disadvantages of civil marriage are mainly in the provocation of infidelity by the very type of relationship. The ease of care and the absence of fixed obligations makes us consider other people as potential partners, accept signs of attention, and so on.

Entering into such relationships in order to try, people do not seek to save them, and any claims are always answered about the absence of obligations and obligations.

Often such relationships end due to increased emotionality, when people break up in a fit, and then they cannot start communication, continuing to get bored. In a registered marriage, going through all the legal stages, the couple has the necessary opportunity to meet several more times and discuss the situation, but without the heat of emotions and, having weighed all the arguments, change their mind, find another way out.

You can walk out of a relationship easily, but so can your partner. In general, for those who like to control, manipulate and build unequal interaction, civil marriage is one big disadvantage. Also, the disadvantages of civil marriage are significant for those who are subject to public opinion, since the older generation will definitely condemn this type of relationship, and the woman's family will vote for the official painting.

From a legal point of view, after a long unregistered residence, many problems arise from proving the fact of residence to determining joint accumulation. Moreover, the property is not divided equally, that is, if you did not work (although at the same time you maintained a house, helped your partner with the main work, raised children), then you will not get anything. No less difficulties arise when parting, if children were born in unregistered relationships. In order for the situation to be resolved favorably, only the consciousness of both participants in the couple will be required, otherwise you will have to prove paternity, forcibly and for a long time seek permission to meet with the child, and many other nuances that are decided in court.

What is civil marriage and cohabitation

In everyday life, civil marriage is considered a synonym for cohabitation, but these concepts still have differences, and when it comes to dissolution of the union, these differences are very significant. From a legal point of view, only civil marriage is considered. It does not matter for the state whether the act of registering relations was supported by various rites of religious marriage. People who marry exclusively in the church can be spouses according to their inner feelings and within the religious concept that they adhere to, but for the state they are strangers and are considered cohabitants.

Cohabitation involves the cohabitation of a heterosexual couple, without formalizing the relationship. There are no burdensome obligations, but there is no legal and legal security.

If a civil marriage, relationships in it, the rights and obligations of spouses are clearly spelled out in the legislation, then for cohabitation such norms are rather arbitrary. The process of dissolution of relations in a civil marriage seems to be more complicated, since it requires official assurance, while in cohabitation it is enough just to pack up and leave. In fact, the situation can turn out the other way around, and with long-term cohabitation, one of the participants in the relationship remains financially unprotected, many difficulties arise with the registration of children and the procedure for interacting with them.

So the children, by definition, remain with the mother, and the father, without her consent, will have to prove his paternity through the court and through legal proceedings to seek meetings with the children, if the mother is initially against it. That is, the presence of a formal procedure can affect life not only when parting. For example, only family members are allowed into the intensive care units of the hospital, which means that if you cohabit, you will not be able to visit your partner. This also includes inheritance issues, because cohabitants do not receive anything, even if the relationship has been sixty years old.

Misconceptions about civil marriage

The first misconception about civil marriage was discussed above and it consists in merging this concept with cohabitation. It is on the basis of the substitution of terminology that other ambiguities arise.

So many people perceive this form of relationship as disrespect or a consumer attitude towards a girl, because she has no protection or guarantee left. It is clear that this is about cohabitation, but a religious moment is also possible. For believing families, it is more important to fix the relationship in a religious sense, and everything else is secondary, without the blessing of the church, living together can be considered fornication and sin. In fact, these issues should be decided personally by the spouses, and not by relatives or ministers of religion.

The next mistake in its mass character is that a civil marriage is short-lived. There is no data to support such an idea. The duration of relationships depends on the feelings of people, and they can last decades or weeks, regardless of the form and official registration. There is also an opinion that a civil marriage is somewhat falsified and there are no sincere strong feelings in it. people are different and many choose this form of relationship precisely out of deep love and the desire not to bind a partner.

The misconception that in the event of a break in relations, all property is taken away from a woman, and a man loses paternity, was born from a misunderstanding of legal subtleties. In fact, there are rules governing the division of material property in any cohabitation, as well as laws establishing the procedure for payments and communication with the child, regardless of the registration of the parents' relationship.

The main myth regarding any relationship is that there is a correct or ideal form of building relationships. The truth is that everyone has their own personal style of interaction and the speed of disclosure to a partner. Someone needs control, and another needs freedom, some understand that they have found their man and on the second day of their acquaintance they go to the registry office, others decide to formalize their relationship in twenty years, having common children.

No one will give guarantees that the passion will continue or that the spouse will not change, and even more so no one will promise one hundred percent happiness, therefore any statements (except legally indicated) regarding civil marriage are only the personal position of the author, and not the truth.

In Russia, an increasing number of couples are in no hurry to immediately register their relationship, they just want to live together for a certain time to try a joint life, take a closer look at each other and only then decide whether they need an official marriage.

This is explained by the fact that divorces make up a fairly large percentage in the country. And such relationships do not oblige a man and a woman to anything, and you can disperse without consequences if the couple does not work out.

Cohabitation or civil marriage has recently become more and more popular. This is a close relationship between two people, not registered in the registry office.

In itself, the phrase "civil marriage" in accordance with applicable law, means officially registered marriage.

But in Russia there is a wrong concept of this term. It is understood as an actual family or cohabitation. Therefore, it is important to understand what civil marriage and cohabitation are, whether there is a difference between these concepts.

Story

In the modern world, many believe that the residence of a man and a woman in the same residential area without official registration of relations in the registry office is a civil marriage, they do not know how a civil marriage differs from cohabitation.

But even before the beginning of the last century in Russia, as in many other countries, all issues related to marriage, birth and death were fixed by the church. There was simply no other way.

Only at the beginning of the 20th century were state institutions established specifically for the recording of civil status acts. Registration of marriages was also within their competence. In some countries, marriage can still be registered, both in the registry office and in the church.

In Russia, a marriage that is registered in a church is called a wedding. It does not carry any official agreement.

Whereas the relations formalized in the registry office - this is a civil marriage, which is under the protection of the state. It is regulated by the Family Code of the Russian Federation.

The term "civil marriage" has become quite popular in various discussions of family situations. Often this phrase is used to refer to marriage relations that are not formalized.

Thus, we can conclude what civil marriage and cohabitation are. A civil marriage is a legal, registered marriage.

And cohabitation outside of official marriage, which is not sealed, has such a name as cohabitation.

Neither property nor personal rights in such a union are protected by law. Family law recognizes only those couples who have entered into an official marriage.

Practice shows that informal marriage has many advantages.. The main ones are:

In Russia, as in no other country, the patriarchal traditions of the past are preserved. Civil marriage occupies not the last place in them.

Of course, in the modern world, people who decide to live together without registering relations with the registry office do not face strong condemnation in society.

But even in 2019, such a family model as cohabitation has many disadvantages.. The main ones are:

Practice shows that couples who have a positive attitude towards premarital life together are less responsible. Therefore, after registering a relationship, some believe that cohabitation and civil marriage are one and the same.

According to statistics, a long stay in an unregistered relationship, in the future, negatively affects the subsequent marriage.

A married couple that already has a negative experience of living together, more often than others, has a desire to terminate the official union.

In moments of decreased feelings and affection, people break off relationships that, under other circumstances, could be saved.

Cohabitation changes the relationship of partners to a formal union and the prospects for marital stability are reduced.

Civil marriage in Russia is a marriage union of partners, which must be officially registered with state bodies. Many people make the mistake of assuming that civil marriage is the same as cohabitation.

Therefore, the question of what is the similarity and difference between these terms does not lose its relevance. But, no matter how they call the residence of a man and a woman in the same residential area before registering a marriage, the essence remains unchanged - this is illegal cohabitation.

Trying to give some status to such relationships, cohabitation is called a civil marriage. But this does not give them any legal force.

In accordance with the legislation of the Russian Federation, civil marriage differs from cohabitation in that it is an official registration of the relationship of the spouses by the relevant state body.

Cohabitation is the residence of a man and a woman in the same residential area, without formalizing a formal union.

In the modern world, most couples call unregistered relationships a civil marriage. But from a legal point of view, this is wrong. Since a civil marriage must be understood as a marriage registered in the registry office without the participation of the church.

It is important to understand the difference and consider the disadvantages of cohabitation. Since in the event of a break in relations, a woman and a child may be left without material assistance and alimony.

In addition, according to statistics, single mothers and children without a father often appear in unregistered relationships.

People who live for a long period in the same territory and have acquired property, after the death of one of the couple, may not inherit anything at all. Therefore, it is worth considering the feasibility of such a relationship.

It is much safer to legitimize your relationship, especially before the birth of a child.. Then there will be no problems with the division of property and the establishment of paternity.

The modern realities of the relationship between men and women testify to the tendency to build their relationship not on legally stipulated family rights and obligations, but on a widespread and increasingly popular form of cohabitation, which is often referred to as civil marriage, cohabitation, unofficial marriage, unregistered marriage. .

These concepts have much in common, but upon closer examination, they have their own characteristics.

Common to them is the principle that a man and a woman do not formalize their relationship in the registry office and do not receive a marriage certificate.

What is a civil marriage?

By definition, civil marriage is the cohabitation of a man and a woman who are in a relationship. The characteristic features of such a marriage are cohabitation, joint housekeeping, joint purchases of movable and immovable property, but at the same time, they do not have a marriage certificate and stamps in their passports on marital status.

As for cohabitation, it differs from civil marriage in that with this form of relationship, a man and a woman, as a rule, have few common interests, they just live in the same living area.

But an unregistered or unofficial marriage can be called a civil marriage.

The family legislation of the Russian Federation determined that a registered marriage between a man and a woman is understood to be precisely a civil legal marriage (it is also a secular one). This is due to the fact that the Family Code - the main legal act regulating legal relations related to the family, the procedure for concluding, terminating the union, the rights and obligations of spouses, parental relations, etc., refers to civil law and any ordinary marriage under the Family Code - civil.

That is, according to the law, a civil marriage is a marriage registered with the registry office in accordance with family and civil law. But in ordinary life, civil marriage means exactly the opposite relationship, which is not sealed by the law. Thus, a family union registered in the prescribed manner through the registry office is called the only “official” marriage in the Russian Federation. That is, from the point of view of the law, a civil marriage is an official marriage.

At the same time, very often they are called unregistered, but essentially family relationships.

There is another type of marriage, which is called a church marriage. But since the church in the Russian Federation, according to the Constitution, is separated from the state, church marriage that occurs after the wedding ceremony (or the corresponding ceremony in other confessions) is not mentioned in the legislation at all.

It so happened historically that before the revolution of 1917, relations were supposed to be registered in the church, it was almost impossible to terminate them, in contrast to this, cohabitation without a church rite was called “civil”.

When the official regulation of family relations by religious norms is a thing of the past, the older generations still associate the understanding of a “non-church” union with the civil union of a man and a woman.

In modern conditions, many of us, having heard about a family union called civil marriage or cohabitation, marriage without registration, understand that we are talking about an unregistered marriage that is not registered in accordance with the legislation of the Russian Federation. From the point of view of a lawyer, given the freedom of citizens to enter into or not to enter into family relations, such marriages have a right to exist, although in this case they are not regulated by the norms of the Family Code in the same way as registered ones.

What are the benefits of civil marriage?

According to surveys of people living in a civil marriage, the main advantages of this type of cohabitation of a couple were clarified. The fact is that young people living together can test the strength of their relationship in everyday life. At the same time, their personal freedom is preserved. Often couples live in a civil marriage, in which each side loves freedom and is afraid to register their marriage due to the fact that it obliges something and there is responsibility to their other half. And joint housekeeping allows you to find out how comfortable it is for a couple to live together.

Thus, civil marriage in the concept of people today is, first of all, free relations between a man and a woman living together. And this form of relationship has now taken root so much in society that most modern young people do not seek to register their family in state bodies, where a legally registered union of a man and a woman, concluded voluntarily, in order to create a family, gives rise to the corresponding legal relationship: the rights and obligations of spouses (both personal and property).

What are the disadvantages of civil marriage?

Actual relationships without legal registration are long-term, with running a joint household, raising children, but they are not considered family relationships, and the state is not protected to the extent that they are legally registered.

And in this regard, a big minus is the fact that property in the case of a civil marriage is not the joint property of the spouses, but belongs to the person to whom it is registered.

Therefore, for the purpose of equal registration of the right to it, its registration in the form of shared ownership will be required.

The practice of civil litigation speaks of complex procedures for proving cohabitation, depositing funds to purchase property, and other nuances of cohabitation.

Additional difficulties may arise in a civil marriage on the rights of children born in such unions. There is a need to recognize the father of the child. If this does not happen, then in fact the woman will turn out to be a single mother.

By law, such couples are not spouses, therefore, for official bodies and institutions, they are not a family.

The negative aspects of civil marriage include the inability to inherit property after a deceased partner, except by will. Such couples cannot enter into a marriage contract.

How to live a civil marriage?

There is a reason to live in a civil marriage if both partners consider their life together as the creation of a full-fledged family union in the future according to the law. Having decided to live together, you should definitely discuss future plans with your partner, hear each other's position. In most cases, such a couple considers life in a civil marriage as a temporary phenomenon, as a kind of probationary period, as a period of testing their feelings for each other.

It is important to understand and understand that one of the partners does not consider civil marriage as a way of spending time without the purpose of formalizing a marriage union. It would be good to decide on the period of civil marriage, how long it will exist and when it will end in marriage. And of course, it is a bad idea when a guy or girl, living in a civil marriage, is not going to marry or marry this partner.

Relations, now called civil marriages, should be considered primarily as an opportunity for a kind of training before entering into official legal relations. How to calculate the most suitable time for this? Many couples find it necessary to register their union when they feel that it is time to have children for the continued existence of their happy family.

No matter how your relationship develops in the future, whether a legal marriage becomes a continuation of a civil union or not, it is always worth remembering the degree of responsibility that people take on when entering into both official and unofficial cohabitation. After all, life next to a loving and beloved person should be a joy, and not instill uncertainty and fear.

From all that has been said, it is possible to draw the following conclusions.

Despite the fact that there are many positive aspects in a civil marriage and modern society is quite loyal to such relationships, from a legal point of view, there are many difficulties in a civil marriage. When choosing a form of joint relationship, a couple should take into account all the pros and cons of such a relationship.

Last modified: January 2019

Now civil marriage is the only form of union between a man and a woman recognized by the state. However, this concept is often confused, meaning by it a free, unregistered relationship. Understanding what a civil marriage is is useful for couples who mistakenly believe that in order to enter into it, it is enough to live together. And although there is nothing illegal in an unformed union, the state does not recognize it as a family.

This term is often used incorrectly, giving it not just an inaccurate, but a diametrically opposite meaning.

Therefore, its meaning should be understood. And also to understand what rights and obligations arise in both unions.

Civil marriage

Couples who have been living together for a long time “without a stamp in their passport”, speaking about their relationship, usually claim that they are in a civil marriage. However, in fact, this is precisely the registered union of a man and a woman.

When asked whether a civil marriage is a marriage in Russia, they began to answer in the affirmative after the October Revolution. Before the Bolsheviks came to power, any marriage was performed in the church - through a wedding ceremony. The corresponding entry was made in a special church book, and the spouses became husband and wife.

The revolution changed this tradition radically. On December 18, 1917, the Decree on civil marriage was adopted. It was opposed to a church wedding and was recognized as the only possible form of marriage in the country. Couples wishing to enter into official relations were required to register them with state bodies. Whether to supplement the registration with a wedding, the spouses decided on their own.

This order is still in effect:

according to the Family Code, a man and a woman become husband and wife only after registering the relationship with the registry office (). Civil marriage is synonymous with the official, state-recognized "cell of society", although in everyday life this term is often used in the opposite sense.

Cohabitation

The state does not prevent unregistered "marriage" relations, but from the point of view of the law, it does not recognize them as family. Their regulation does not fall under the articles of the Family Code, and, therefore, does not give the couple special rights and obligations either in relation to each other or in relation to acquired property.

Only if a child is born in such a union, the legal relations between him and his parents are regulated on the basis of the norms of the RF IC. However, in relation to a man, this will not happen automatically, but after the establishment of his paternity.

Unformed, actual marriage in legal science and literature is called cohabitation. And it remains so, no matter how long the man and woman have lived together. The term "cohabitation" is not used directly in the Family Code or other legal acts, but is often used in comments to them.

Main differences

In addition to the fact that a civil marriage is registered, and the actual one involves free relations (without interference from the state), there are other differences between these two forms of cohabitation:

1. Relations in official marriage, as already noted, are regulated in accordance with the Family Code. The Civil Code applies to the legal relations of unregistered "spouses".
2. In a civil marriage, the husband and wife are in relation to each other heirs by law - the 1st stage. But if the couple cohabits, the surviving partner will be able to inherit the property of the deceased only if a will is left to him. However, in this case, he will have to pay a state duty in a much larger amount.
3. If the child was born in a registered marriage, the spouses are automatically entered by his parents. Only if the father succeeds in contesting his paternity will the entry on the birth certificate be changed. In cohabitation, the father will be entered only if he agrees to this voluntarily, or the mother proves his involvement in the birth of the child in court.
4. Spouses bear maintenance obligations in relation to each other - both during the period of family life and even for some time after a divorce, if it happened (Chapter 14 of the Family Code). With cohabitation, such obligations do not arise for partners.
5. Property acquired in a civil marriage is recognized as joint.
   And it doesn't matter who it's for. In case of divorce and in other cases, the division of property is carried out in equal parts. If the actual "spouses" decide to leave, then everyone will get only what he managed to draw up for himself. It is extremely difficult to claim property owned by a partner during cohabitation

There are certainly many more differences than those listed above, and they can be devoted to a separate article.

But the main difference between the two marriages is that in a civil union, each of the parties is better protected by law. Mutual obligations arising from the spouses are compensated by the rights that only a civil, registered marriage gives them.

In actual relationships, you have to rely more on the decency of a partner than on the law.

Pros and cons of official marriage

Advantages and disadvantages (and they also exist!) of civil marriage for clarity can be presented in the form of a table.

Advantages of a civil union	Cons of a civil union
Under certain circumstances, you can receive alimony from a civil husband (wife), even after a divorce.	A more complicated procedure for terminating a marriage. Divorce also has to be registered.
Spouses are the primary heirs in respect of each other's property.	Spouses can dispose of joint property only by mutual agreement.
The property rights of each spouse in relation to jointly acquired real estate and other material objects are recognized as equal and protected by the state.	In the presence of property claims, the spouses after the divorce can be mired in legal proceedings for many years.
Official marriage allows citizens to participate in various government programs aimed at supporting families (including those with children).	When you change your name, you have to make changes to many documents.

Pros and cons of cohabitation

In the same way, the advantages and disadvantages of an actual, unregistered relationship will be presented below.

Pros of cohabitation	Cons of cohabitation
For the execution of various transactions, the written permission of the partner is not required.	Due to the dishonesty of the “spouse”, you can lose the property that was acquired with joint funds (if, for example, he writes it down on himself or one of his relatives).
The couple has the right to decide not to register the paternity of the man. In this case, a woman will be able to receive the status of a single mother, and with it various social benefits.	Inheritance is possible only by will. In this case, the state duty is charged in an increased amount.
In fact, the partner living in the apartment is not part of the family, which makes it possible not to take into account his income, claiming, for example, compensation for rent.	De facto "spouses" are not eligible for the subsidy provided only to married couples. In particular, they will not be able to participate in housing or take a joint (for example, under 6%).
Part of the business, some merchants draw up for cohabitants, receiving tax preferences.	Traveling abroad with a joint child is complicated.
Finally, you do not need to spend money on an expensive and magnificent celebration.	When a child is born, the paternity of the man must be established.

In the relationship between a man and a woman, neither the state, nor lawyers, nor leisurely advisers should interfere. The couple must decide for themselves which marriage it is more comfortable for them to be in - actual or civil. The main thing is to be aware of the consequences of this or that step, and be prepared for them.

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