Actual marriage: concept, examples from life. What is the difference between a civil marriage and an actual one. How is civil marriage different from cohabitation

Relations between a man and a woman from time to time move to new stages of development. For example, during long meetings, people decide to start a family, acquire common property and have children. This article will talk about civil marriage. Many people speak for and against such relations. What does the population think? How does such a union differ from the official creation of a cell of society? Answers to all this and more can be found further.

Relationship types

Everyone can speak for and against civil marriage in Russia. But first, it is important to understand what the person agrees to. What species are there in general in the Russian Federation?

To date, a cell of society can be created:

  • civil union;
  • official marriage;
  • guest marriage.

The last alignment is extremely rare. Therefore, we will not consider it.

More and more often people stop at the first scenario. What is the difference between civil marriage and official? What and for what reasons to give preference?

official relations

According to Russian law, marriages officially registered in the registry office are called civil. After all, they are concluded between two citizens of a particular country.

Nevertheless, the concept is interpreted differently among the people. For and against civil marriage are those who understand what is at stake. Such "families" have nothing to do with the official painting.

Registration of marriage relations is the safest option for creating a family. Married couples have rights and obligations with respect to their spouse and children. But such an alliance sometimes causes a lot of trouble. Therefore, we will consider relations without registration in more detail.

Life without registration

What is the difference between a civil marriage and an official one? To understand this issue, it is important to understand what each scenario provides for.

With the official procedure for creating a family, everything is clear - the couple is registered in the registry office, after which it is considered a unit of society. This is a serious step in the legal sense.

Civil marriage among the people - This type of relationship does not provide for registration in the registry office. It is generally not prescribed or regulated anywhere. In fact, the couple just lives together.

Legal differences

The difference between a civil marriage and an official one is mainly in legal relations.

As we have already said, if citizens decide to register a family, they will go through the procedure at the registry office. The painting can be both solemn and ordinary. Immediately after marriage, husband and wife assume duties towards each other. Their relationship begins to be regulated by the Family Code.

In a civil marriage, the couple simply moves in and lives together. Family law will only work for children. Therefore, it is necessary to know all the pros and cons of civil marriage. For some, this format is better. But why?

Property issues

For example, due to property disputes. marriage: pros and cons" necessarily covers issues related to the purchase and division of property.

In official relations, everything that was bought during marriage is recognized as common property. Personal property is what was before painting, as well as transferred objects through donation or inheritance.

In a civil marriage, everything is much simpler - to whom the property is registered, to whom it belongs. This means that if the couple breaks up, there will be no problems with the division of property. The principle "every man for himself" applies here. The cohabitant does not share the credit burden of the spouse, does not claim the property registered not for him in any way.

In addition, during an official marriage, citizens can conclude a marriage contract among themselves. It allows you to clarify in Cohabitation, there is no such right.

Governmental support

Arguments against civil marriage can be heard mainly from women. And we will discuss them in more detail later. First, let's look at the key points of the types of alliances mentioned earlier.

By registering an official marriage, the couple is entitled to additional support from the state. For example, under the program "Young family" or "Affordable housing". Family people are offered various allowances and payments.

With cohabitation, the bulk of "family" state bonuses are not available. After all, a couple is not considered a separate unit of society, in fact, nothing connects them.

Children and marriages

Men rarely speak out against civil marriage. And they have their own reasons for that. Especially when you consider that many young people do not understand the responsibility to their spouse and children.

Cohabitation is a relationship that most often occurs before children are born. This is due to the fact that the couple will be able to calmly disperse in case of disputes and disagreements. The birth of a child brings a lot of trouble to the cohabitants.

Why? For example, the following problems may arise:

  1. Paternity will have to be proven. Sometimes in court.
  2. The mother of a child can apply for the status of a single mother.
  3. The surname and patronymic of the baby are recorded in the registry office according to the mother.
  4. Until paternity is established, the father of the child does not have any rights to meet and educate the minor. Mom can just leave, pick up the children, and no one can take them away.
  5. There are problems with registration if you want to register a child at the place of residence of the biodad. This process is accompanied by paperwork.
  6. As long as there is no paternity, children are not bound by the responsibility of supporting a disabled, needy dad.
  7. Getting alimony from a partner if he leaves is problematic. You will have to prove the relationship of children with the biological dad.

From the perspective of the child, there is no particular difference in the types of relationships studied. After the establishment of paternity, the children become the heirs of the pope, they have the right to communicate with him and to material support.

Breakup of couples

What to choose - civil marriage or official? Any person can be for and against these unions. Everyone decides for himself what format of relations is beneficial to him.

It is worth paying attention to the termination of relations in the family. In the case of an official marriage, you will have to try. Divorce is carried out either in the registry office (if both agree and there are no children / property), or by court. The collapse of the official cell of society is often accompanied by litigation, the division of property and the determination of the place of residence of children.

When discussing opinions for and against civil marriage, it is worth noting that it is easier for cohabitants to separate. They just drive away. Especially if the paternity of the children is not established. Otherwise, the common-law spouse may apply to the court to determine the place of residence with him. But, as a rule, this does not happen. Or the court takes the side of the mother.

In addition, civil unions mean the absence of any responsibility for the family, high risks that the relationship will end in an instant and absolutely unexpectedly. An official marriage makes people think about the consequences of a breakup. And people in the registry office or in court are given time for reconciliation. There is time to change your mind, while in cohabitation, citizens leave once and for all.

How good is cohabitation

What is better - civil marriage or official? We got acquainted with the key points of the mentioned unions. But what to choose?

For a woman, cohabitation often ends badly - a cohabitant can simply go to another, leaving the "spouse" with the children alone, without any obligations to them.

Nevertheless, civil marriage has its advantages. Especially for self-sufficient girls who do not plan to impose children or give birth at all.

Arguments in favor of cohabitation include the following:

  • no need to spend money on a wedding;
  • lack of paperwork;
  • complete freedom of action;
  • lack of responsibility and obligations to the spouse;
  • ease of severing relationships;
  • the possibility of being in the status of a single mother (the absence of "ballast" in the form of an ex-husband who wants to participate in the lives of children).

Nevertheless, according to statistics, women, even in a civil marriage, behave like official wives. What can not be said about men. But it's not that important. After all, the arguments for and against civil marriage have not yet been fully explored.

Why "no" to cohabitation

The positives have been dealt with. And why is it better not to choose cohabitation as the main format of relationships?

The arguments for both men and women are the following factors:

  • no responsibility to the spouse and children (lack of security and confidence in the future);
  • after the collapse of the relationship, you can be left with nothing due to investments in the spouse’s property;
  • problems in obtaining benefits and registering a child;
  • the absence of the father's rights to children until paternity is established;
  • the need to establish kinship with the pope during the appointment of alimony.

As practice shows, a man in a civil marriage behaves in the same way as a free young man. The stamp in the passport makes a person responsible for his actions before the family and before the law.

What to choose

So where is the best place to stay? Opinions for and against civil marriage are of interest to many couples. They help to choose the format of the relationship. What is the best advice for families?

Cohabitation is an intermediate stage of the relationship between "we are a couple" and "we are a family." If people responsibly approach the creation of a separate cell of society and the birth of children, it is better for them to sign. It is recommended to live in a civil marriage when the couple looks closely at each other, does not plan long-term relationships and the birth of children.

There are people who have lived their whole lives in a civil marriage and are happy. Such relationships are built on complete trust. But in the modern world, such unions are becoming rarer and rarer. Each couple must decide for themselves how to live. The main thing is to remember that official marriage is a responsibility to the created family.

Now civil marriage is very popular. It all depends on the people who decide to take this step! Civil marriage is not a product of the present time, as many people think, it existed before, but in most cases it was resorted to by those men and women who had already been officially married. They tried to live together, led a common household, took part in the upbringing of children, if any, and gave birth to joint children as much as they wanted. After some time, they decided to formalize or not formalize their relationship. Yes, and now it happens all the time, only the age of such "spouses" is getting smaller. Young men and women, having seen the unsuccessful marriage attempts of their friends and girlfriends, decide in this way to prevent such situations in their lives! And in such a marriage, as in an official one, it all depends on what young people want to get as a result: check feelings, get to know each other in everyday drinking, or simply solve the problem of intimate relationships with the opposite sex for a certain period of time.

There are supporters of civil marriage, who live by the rule: “I didn’t like it, they ran away,” but with an official one, you feel special feelings and more gullibility.

And there is an opinion that if a guy and a girl think that they love a friend and want to get married, but before this responsible act they decide to live for a year in a rented apartment, just to make sure that their choice is correct, then their act is completely illogical. If they think they love each other, why check? Check those who are NOT trusted. The very fact of "checking" a loved one suggests that partners do not fully trust each other. Those who love do not doubt each other. What kind of future happy life can we talk about if it begins with "checks" and "certifications"?

Lovers doubt what to do. They say that in each of the marriages there are disadvantages and advantages.
About civil marriage think it's a test of the senses. This is just love free, not burdened by anything, without any requirements and obligations to each other. Do not marry and do not give birth, i.e. protect yourself. First get to know life, get to know people.

More practical women believe that a civil marriage is the best way to get to know a person, to check his reliability. Why do we need an "official" husband who is burdened by the family? In a civil marriage, honestly - if you don’t want to take care of it - you are free. It keeps the man in good shape. A stamp relaxes a man: where will she go, who needs her with children.

Some lovers believe that love dies when it is put in a cage and on a chain, it cannot live according to the artificial laws that a person sets. You can’t tie love with a rope - and it’s precisely this marriage that is intended to be carried out (this is if there was any sincere sympathy at all). Marriage kills all sincerity between people, even if it was before. Even if there was something between you, then be sure that marriage will bury it slowly or quickly, but inevitably. Then "family life" begins: raising children, many everyday issues: what to buy, where to put a closet, why my son has a deuce and where we will go on vacation. Now you have become the same as your parents. A little different, of course, but all according to the same scheme. Look back at your ancestors and answer honestly: did they have love?

The reasons for not registering their relationship are different for men and women. For a man, this is an opportunity to avoid unnecessary responsibility. In a woman, this is most often an unwillingness to lose a man. She loves him and is afraid to insist on formalizing the relationship, thus submitting to his will.

The phrase "civil marriage" is a purely everyday concept, which is used to denote the cohabitation of a man and a woman without state registration of their relationship by the registry office. The law recognizes only a properly registered marriage, and any other form of relationship is not marriage. This practice is becoming more and more popular among young people. They believe that where demands begin, irritation from each other begins, or, as they say, love kills everyday life, in fact, it’s not just a person’s life that you don’t need to try to change it automatically causes resistance, subsequently aggression and irritation, a person can change only when wants it himself.

In a civil marriage, there are two sides of the coin. The parent will allow the son to live in such a marriage, but the daughter ...
A wife is still not a cohabitant, but a legitimate soul mate, and you can’t get away from it, except perhaps a divorce.
Often in a civil marriage, such difficulties can arise:

Sooner or later, a child appears in any family. It is important to provide for which surname to register it. And I would like to. So that he always had a full-fledged family, and it would not be so that dad is just a “roommate”, and mom is a “single mother”. Often, angry people can traumatize a child with these very words. It is still important for a couple to register a relationship!

There are many cases when a woman announces that she is pregnant, a man puts her before a choice - either have an abortion or we do not live together. If a woman chooses a child, she loses a man. For the most part, a man does not offer to register a relationship precisely for the reason that he does not take responsibility for the birth and upbringing of children, the prospect of having a child is undesirable for him. A man with selfish aspirations brought a woman for his pleasure, his comforts. Naturally, he puts a woman in front of a difficult choice. A woman who kills a child for a man, then, as a rule, never finds happiness in such a marriage, even if it is officially concluded.

official marriage- it is romantic and stable, no matter how the relationship develops later. And so the girl wants a wedding, a dress, a veil, a ring! But sometimes a loved one does not propose marriage, but you really want to always be with them, so the soul of a woman is torn from doubts ...

Marriage is a covenant, at the conclusion of which a person promises his chosen one in the presence of relatives, friends, before the state and God, to remain faithful and love until death. And this promise should not be based on feelings. In a civil marriage, people avoid these promises, because they are not completely sure of each other, of constancy, that this is forever.

Marriage skeptics believe that formal marriage is a desire for stability, perhaps because of the fear that in a civil marriage at any time, a loved one can simply leave. But there is no stability as such and cannot be, because life does not stand still, and people change, character changes, love passes and goes, everything moves ...

Psychologists and sexologists believe that civil marriages do not bring warmth and tenderness. This isolation on each other, without a child, without obligations cannot continue for a long time. We are all satisfied. Therefore, we begin to stagnate. We end up getting bored of being together. Discord begins, discontent on someone's part. There is a desire to disperse, to find another.

For a real family to emerge, a couple must realize important family values: what is a family? where are we going together? how do we build this family together? The most important thing is to understand what we are doing in order to make the family happy. In a civil marriage, such tasks are not set, because people do not want responsibility. They say: "Let's live with each other, let's check", they do not say: "We have a family." A "civil marriage" is always doomed.
I think those who are faced with the choice of whether to live in a trial marriage or start a family, let them remember the phrase: “Most men living in a civil marriage consider themselves bachelors, but women all consider themselves married” and make their own choice.

Psychologists advise:
I will never believe that a girl voluntarily refuses official relations. Because it's like giving yourself up for use. Even if, which is more common, a civil marriage will lead to an official one, then the fact that the man did not accept you as you are from the very beginning, he decided to check, it means that he was initially in a state of love, in a simple way, he just wanted everything. If you want to start a family - go to the registry office, and if you just spend all your free time together - live for yourself and call it a civil marriage.
And then, when your beloved wants children, he will find himself a decent girl who is not exchanged for civil marriages and marries her absolutely officially.

The concept of civil marriage was invented by men and successfully powdered the brains of girls.

A person subconsciously “programs” himself with a cliché for long-term and stable relationships, taking as an example parents who live happily ever after. Such are our life stereotypes: if the stamp is forever and for the sake of the child.

A woman, I think, should be stricter with a man: either we get married, or we disperse, and I'm looking for another. The longer the uncertainty drags on, the worse it gets. A woman must make it clear to him that she cannot wait. A woman's childbearing age is much more limited than a man's. Both girls and women really want a family, children. But in a civil marriage, they are afraid of getting pregnant, if only by accident. Men, on the other hand, strictly monitor this so that the woman “on the fly” does not force them to marry. Both of them experience tension in such relationships.

Every year in developed countries, the number of couples who do not enter into official marriage is growing. Russia is no exception in this series, people do not want to start a life together with a mark in their passport. An unregistered marriage in everyday speech is called civil. This term is often used by legal practitioners. However, this concept is not used in the Family Code of the Russian Federation.

What is a civil marriage from a legal point of view and how does it differ from an official one

Civil marriage means a non-church marriage union. This definition is correct for the 19th century. In the legal aspect, different eras will change the meaning of the term to the opposite meaning.

In the 19th century in Russia, a secular, unofficial marriage was called civil, as opposed to the only legal one - church. In October 1917, the Bolsheviks, having come to power, recognized civil marriage as the only possible one. The canonical (church) ceremony became a personal matter and lost its legal meaning.

The current Family Code (SC) does not contain the term “civil marriage”, just as there is no definition of marriage. Lawyers in this case say that there is no legal definition of a legal concept written in a legal normative act, but there is a doctrinal definition given in scientific articles, monographs, dictionaries.

Modern legal dictionaries explain the meaning of the term "civil marriage" as a marriage formalized by the state without church participation. In the latest editions of dictionaries, it is added that in everyday practice this word refers to unregistered marriage relations. “Civil marriage is a marriage registered in the relevant state authorities without the participation of the church. Sometimes G.b. also called de facto marriage.

Big Law Dictionary, 2012.

Family Code of the Russian Federation: the concepts of official and unofficial marriage, cohabitation

In the Russian law of the 21st century, only official marriage is distinguished. For the law and representatives of the authorities, the only legal marriage is the one concluded in the registry office:

A marriage concluded only in the registry office is recognized.

Art. 1, Family Code of the Russian Federation of December 29, 1995 N 223-FZ (as amended on December 30, 2015)

Unofficial marriage is denoted by different terms. Legislation since 1917 has followed the path of unification of the regulation of family relations. As a result, only one form of marriage remained in family law. Other forms of unions are not reflected in any way in family law. For example, if you answer in the USE assignments that a civil marriage is an unofficial, unregistered marriage, then the answer will be scored 0 points.

The current law characterizes unofficial marital relations with the phrase "persons who are not married to each other."

Art. 127, Family Code of the Russian Federation of December 29, 1995 N 223-FZ (as amended on December 30, 2015)

In judicial practice, the terms “actual marriage”, “cohabitation” are used, there is no difference between these concepts. In life, the word "cohabitation" is used in a pejorative, insulting sense, therefore, in everyday speech, an informal marriage is called civil. From the point of view of law, “cohabitation”, “civil marriage” have the same meaning and are not reflected in the law in any way. This is a legally invalid, unofficial, illegitimate marriage. In regulatory documents, the phrase "civil marriage" is always put in quotation marks. Such relationships never equate to a formal union.

Video: is it necessary to legally equate civil marriage with matrimony?

What rights and obligations do unregistered spouses have under the laws of Russia

According to the law, an unregistered marriage does not create marital rights and obligations. The operation of family law applies exclusively to the rights of a child born in an unregistered partnership. Children receive rights similar to the rights of children born in an official marriage. In a situation where the fact of paternity is recognized. According to the law, two single-parent families are formally formed, not a single marriage is registered, and the child has two parents.

According to the Constitution of the Russian Federation (Article 51, Clause 1), a person enjoys the right not to testify against close relatives, including the spouse: “No one is obliged to testify against himself, his spouse and close relatives, the circle of which is determined by federal law.”

Constitution of the Russian Federation of 1993

A “common-law spouse” does not receive such a right. If a cohabitant is under investigation and arrested, according to the internal regulations of the SIZO (pre-trial detention center), the other will not be able to get a visit.

No compensation and payments are made to the "civil spouse" in the event of the death of a partner as a result of an accident at work.

Video: problems of civil marriage, why it is better to register at the registry office

Features of legal relations in "civil marriage"

Since the Family Code does not contain the concept of civil marriage, relations will be regulated by other laws.

Property relations

Family law rules do not apply to property acquired by persons in a “civil marriage”. And no common joint property is formed. The acquired property belongs to the spouse to whom it is registered. If a dispute arises, then in court it is necessary to prove the fact of cohabitation. By court decision, property will be recognized as common shared property, and property relations will begin to be regulated by the Civil Code of the Russian Federation.

Some believe that the registration of a marriage contract will solve the problem of property. According to the Family Code, a marriage contract can be concluded before marriage or during marriage, but it becomes valid only after official registration.

In order to avoid conflicts and guarantee the observance of rights in the future, it is better for “civil spouses” to conclude an agreement on joint shared ownership in accordance with the Civil Code (Article 245). The partners agree on the property that becomes common property and the share of each in it.

Unregistered spouses also cannot inherit property by law. The heirs of the first stage are the official husband and wife. It is hypothetically possible to become an heir if the cohabitant's dependency is proved. Then, according to Article 1148 of the Civil Code of the Russian Federation, the unofficial spouse will receive part of the inheritance, but it is difficult to prove the fact of dependency in court. If a couple lives in a happy “civil marriage” and does not want to register a relationship, it is better to make a will so that there are no problems with inheritance in the future.

Video: how to divide property after cohabitation (jurisprudence)

Birth of a child: registration, choice of surname, place of residence

Children born in an unregistered marriage enjoy the same rights as children born in an official marriage. The surname of the child, the place of residence are determined by the norms of the Family Code of the Russian Federation. But there are a number of nuances.

When registering a child in the registry office, the father writes a statement of paternity. If he refuses to do this, paternity can only be proven through the courts (Article 48, Family Code of the Russian Federation). According to the Family Code of 1995, unlike the previous one, the court accepts any evidence of paternity. But a genetic examination can only be carried out with the consent of the alleged father of the child. If a man wants to prove paternity, consent to a medical examination will also be required. If the child is under 18 years old - from the mother, and after reaching the age of majority - from the child himself.

The place of residence of the child in actual marriage is determined by agreement of the parties. If the consent of the separated parents cannot be reached, the issue is resolved in court. The process must be attended by representatives of guardianship and guardianship authorities. Before the court decides, they determine where the child will live. From the age of ten, the opinion of the child himself is taken into account. The same provisions of the Family Code apply as in the case of divorce of parents:

The place of residence of children in the case of separation of parents is established by agreement of the parents.

In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children. At the same time, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the age of the child, the moral and other personal qualities of the parents, the relationship that exists between each of the parents and the child, the possibility of creating conditions for the child’s upbringing and development (type of activity, mode of work of parents financial and marital status of parents, etc.).

Art. 65 p.3, Family Code of the Russian Federation of December 29, 1995 N 223-FZ (as amended on December 30, 2015)

When there is a gap between "common-law spouses", child support can only be obtained through the court, proving the fact of paternity. This is possible at any time, regardless of the age of the child. After reaching the age of eighteen, he files for alimony himself.

housing issue

When purchasing housing in a civil marriage, spouses often do not know that the property will belong to the person to whom the property is registered. Shared housing is better to buy as shared ownership. If the acquired housing is not listed as shared ownership, the right to it will have to be proved in court. According to changes in the law, real estate transactions require the consent of the spouse who is not the owner of the home. In informal marital relations, if the property is registered in the name of a cohabitant, it is possible to sell or make another transaction with real estate without the consent of the second spouse.

Video: is it possible to take a mortgage in a civil marriage

How to legally register a relationship

The only reliable way to legalize a "civil marriage" is to register with the registry office. If the common-law spouse decides to recognize the marriage through the court, he will be denied acceptance of the statement of claim.

Does the name change have legal consequences?

Changing the last name of the spouses in a “civil marriage” will make them namesakes, but will not confirm the fact of marriage. The procedure will be carried out in accordance with article 19 of the Civil, not the Family Code.

Is it possible to prove the legality of a civil marriage in court

The Soviet KZoBSO (Code of Laws on Marriage, Family and Guardianship) of 1926 recognized actual marriage, cohabitation was considered sufficient grounds for recognizing marriage. In the summer of 1944, by decree of the Presidium of the Supreme Soviet of the USSR, the provision of the code on equating an actual marriage with a registered one was canceled. A few months later, a decree of the Supreme Soviet of the USSR appeared, explaining that the provisions of the law of 1926 can be applied to persons whose spouse died or went missing in the Great Patriotic War. Church weddings performed in the occupied territory were also recognized. All facts were proven in court. These provisions remain in effect to this day. It does not matter how long the spouses live in an actual marriage, one year or sixty years, the court will never recognize such a marriage by its decision.

There is only one exception in the Family Code:

The provision on the recognition of legal force only for a marriage, the state registration of the conclusion of which was carried out in the civil registry offices (Article 1 of this Code), does not apply to marriages of citizens of the Russian Federation, performed according to religious rites in the occupied territories that were part of the USSR during the Great Patriotic War, until the restoration of civil registry offices in these territories.

Art. 169 p.7, Family Code of the Russian Federation of December 29, 1995 N 223-FZ (as amended on December 30, 2015)

From the judicial practice, based on the decisions of the Supreme Court, the following conclusions follow:

  • unregistered marriage does not create legal consequences;
  • common household and cohabitation indicate only that the couple does not share property and considers it common;
  • the norms of the Civil Code on shared ownership apply to common property;
  • if it is impossible to divide joint property, the shares of each of the “civil spouses” will be considered equal on the basis of the law (Article 245 of the Civil Code of the Russian Federation).

Video: which is better - a civil marriage or an official one?

In the near future, the institution of civil marriage will probably not receive legislative formalization. Society is turning towards traditional values, and the role of the Orthodox Church is growing. The development of family law in Russia in the 21st century reflects a conservative trend in the perception and regulation of "informal marriage". People living in a “actual marriage” need to formalize personal relationships legally correctly, without treating this as an unnecessary formality.

When a man and a woman begin to live together, they do not expect that in a couple of years, if the partner does not suit them in some way, they will scatter. A woman, most often, counts on 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 legislation of 2016? What is the difference between official marriage and cohabitation of spouses? Do children born in the actual family suffer?

Registered union and de facto family relationship

Until 1917, only church marriage was considered legal. 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 the church. Citizens who did not register the union in the registry office are not crowned in the church in 2016.

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

It involves marital relations, mutual moral support, and joint housekeeping.

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 obligations. Only a registered marriage assumes that partners have common property, even if one of them does not work, but runs a household.

What today's 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 housing area, running a joint household, 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 a formal 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 with a man in an 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, which she lovingly equipped.

A man who has entered into an unregistered relationship can suffer no less. For example, a couple lived together for 7 years. During this period they bought a house, a car. To make the woman feel legally protected, the man registered all 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 get at least some of the things only through the court.

Are civil and official unions equal?

Although the actual union and official marriage in everyday terms is perceived as a family, only a registered marriage, in accordance with the Family Code of the Russian Federation for 2016, assumes the legal protection of spouses. Pros of legal marriage:


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

Only after the official registration of the union, a man and a woman can sign a marriage contract that regulates property issues and other aspects of family life.

Rights and obligations of a de facto husband and wife

Legal marriage allows spouses to receive not only psychological comfort, but also legal security. 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 receive moral security and who 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 2010 statistics, there are 65,000 more married women in Russia than married men.

With a break between a man and a woman, grievances and property disputes often arise. For example, if you took a loan for a car, and issued it to a partner, the property will remain with him, and you will have to pay the rest of the loan. Partners have to protect property rights after a break through the court, guided by the Civil Code of the Russian Federation.

Citizens note only some of the advantages of actual marriage:


Legal protection of the child

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

A child born in a civil marriage has the same rights to material security, moral support and upbringing of his mother and father, as well as a child born in an officially concluded union.

If a minor citizen appeared in a legal family, the mother and father recognize him automatically.

At the birth of a descendant in the actual 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 material support, herself seeks to establish paternity by going to court. Sometimes you have to resort to testimony, medical genetic expertise.

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

  1. Both partners would have equal rights to property acquired during the period of marriage.
  2. A disabled spouse would be entitled to partner assistance.
  3. Divorce would have to be through the courts.

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

The semantics of this expression goes far into the past. We need to remember the "Petrine" times. It was then that the church was separated from the state. A different option for consolidating relations appeared: not only a church wedding, but also a civil marriage, i.e. marriage, fixed in the relevant records of state bodies. This continued until 1917, until the moment when the Bolsheviks came to power and debunked the religious cult.

Today, church marriage made in heaven is not as popular as it used to be. The wedding becomes a kind of social rudiment. Therefore, the meaning of "civil marriage" has changed radically. In modern conditions, they call it the usual cohabitation of a man and a woman without a stamp in the passport.

When meeting, it is difficult to understand how you fit each other in everyday life, everyday life. This is how you can find out how tolerant you are of your partner and how much you respect his personal space.

Current couples choose a civil marriage as a kind of dress rehearsal for the official one. But, unfortunately, sometimes such a rehearsal drags on for years.

Advantages of official marriage over civil

An official marriage is, first of all, stability and confidence in the future. Of course, this is not an easy step, but people who legalize marriage and family relations are aware of the importance of family values.

There is a common phrase: "most men living in a civil marriage consider themselves unmarried, and women - always married." That is, cohabiting, you can get up and leave at any moment, because by and large, apart from some feelings and emotions, nothing binds you.

Official marriage is a big responsibility. It is not for nothing that it is interpreted as the union of a man and a woman, and this union implies the existence of certain rights and obligations, social guarantees, which cannot be abandoned in one minute and run away in an unknown direction. Almost all religious scriptures call marriage the end of a young, free life and the transition to a mature existence.

Psychologically, over the course of many centuries, the realization was laid in a woman that she would become someone's legal wife, sharing both sorrows and joys.

A rare girl does not dream of walking in a snow-white dress to the march of Mendelssohn along the red carpet to say the cherished “Yes”.