What is a civil marriage? What does civil marriage mean: division of property Who are civil marriages

Is it possible to equate a civil marriage to cohabitation or is this the name for any informal relationship? Perhaps the definition fully characterizes an official union, but without a wedding? Let's understand this ambiguous concept together with the Svadbaholik.ru portal.

Civil marriage: concept

The concept of “civil marriage” in Russian legislation is defined as a registered marriage union between a man and a woman. Thus, any family union concluded in any registry office Russian Federation, is legally considered an official marriage and, accordingly, civil from the point of view of the law. However, in everyday life, this definition refers to the family relationship of a couple in fact, without official confirmation (for example, cohabitation).

What is a civil marriage? The ambiguity of this concept can be explained historically. Before the period of 1917, all relationships had to be registered in the church, with virtually no possibility of termination. But it was possible to avoid the debunking of a church marriage by living together between a man and a woman, which was called “civil.” Nowadays, when entering into an official marriage, it is not necessary to get married in a church, however, the definition of “non-church union” is still considered to be civil. According to lawyers, an unregistered marriage, which is not regulated by the norms of the Family Code of the Russian Federation, can also be called civil, because each of us has the right to freedom from family obligations.

Civil marriage and cohabitation: the same thing?

Now we smoothly move on to the question: what is civil marriage and cohabitation. Can both be considered a single concept? "Certainly!" - you will probably say. After all, by the phrase “civil marriage” in Russia, almost everyone means an actual family (in other words, cohabitation). However, according to the law, such a statement is incorrect, because a civil marriage is equal to an official one. Cohabitation is the term for heterosexual partners living together outside of marriage.

What is the difference between a civil marriage and an official one?

If we consider this issue from the point of view of the legislation of the Russian Federation, the concept of “civil marriage” is equal to an officially registered union. If you perceive this phrase as living together without a mark in the passport, then let’s, together with the Svadbaholik.ru portal, look at how a civil marriage differs from an official one:

• Division of property. In an informal union, after a breakup, the couple’s property is not considered jointly acquired. For example, if a couple bought a car with common money, then after the breakup, it will go to the person in whose name it is registered. In an official marriage, each of the legal spouses has the right to half of the property.
• Debts. In a civil marriage, the issue of debt is a personal decision for each person in the couple. The law does not oblige them to pay equally if one of the couple - the common-law husband or wife - is against it. But in an official marriage, all debts are divided between the spouses.
• Inheritance. It is possible to count on receiving an inheritance in a civil marriage in the event of the death of one of the spouses only if there is a will. In another case, the property will be distributed among the closest relatives. In an official union, even in the absence of a will, the inherited capital is distributed between the legal spouse, children, and parents.

Civil marriage: pros and cons

According to statistics, up to 40% of couples prefer a civil marriage instead of an official one. Why is it popular and where are the “pitfalls” hidden? Let's analyze all the pros and cons of civil marriage .

4 important pros

1. A civil union without obligations gives the couple enough time to try out family life together, experience everyday life and test their feelings.
2. Psychological freedom in the event of a breakup and the ability to quickly leave without asking “how to get a divorce” gives a feeling of an “emergency exit.” Civil marriage is becoming an ideal solution for people who are afraid of dependence on their significant other.
3. Living in a civil marriage, you don’t need to bother with all the wedding hassles, and also spend a lot of money on organizing the ceremony or time for the official part.
4. For older people or those couples who have already been married several times, civil marriage can be considered the most comfortable form of cohabitation.

4 important “cons”

1. Provocation of infidelity, because in essence there are no obligations to each other.
2. An unofficial marriage is almost always the choice of one person in a couple. Anyone who is not the initiator of this form of family life will be forced to adapt to the interests of the other and give in, which will negatively affect his self-esteem and relationships in general.
3. A child born in an unregistered marriage, with the parents’ relationship not working out, risks being left without financial assistance from the father and living only on benefits. Do not think that only women face difficulties in unofficial marriage. In a situation where the child’s mother decides to end the relationship with the father, there is another course of events - upon separation, she can prohibit the child’s father from meeting. Proving paternity without marriage will be difficult, because the mother can prohibit DNA testing until the child reaches adulthood.
4. A civil union is a reason for conflict with parents, whose moral principles are far from open relationships and lack of responsibility to each other.

CIVIL, Civil society Civil death 3. Non-military, civilian. In civilian dress. font(introduced by Peter I). Civil marriage Civil funeral service(funeral meeting).

Blog code:

CIVIL,-oh, -oh. 1. Related to legal relations citizens among themselves and their relations with government bodies and organizations. Civil code. Civil law. Civil dispute. Civil case(civil law proceedings). Civil society(a society of free and equal citizens, relations between them in the sphere of economics and culture develop independently of state power). Civil registration. Civil execution(political punishment - deprivation of all rights of a citizen and protection of the law; obsolete). Civil death(the state of being subjected to civil execution; obsolete). 2. Characteristic of a citizen as a conscious member of society. Civic duty. Have civil courage. 3. Non-military, civilian. In civilian dress. 4. Non-church, not associated with church rites. Civil font(introduced by Peter I). Civil marriage(also generally officially unregistered). Civil funeral service(funeral meeting).

What it will look like:

CIVIL,-oh, -oh. 1. Relating to the legal relations of citizens among themselves and their relations with government bodies and organizations. Civil code. Civil law. Civil dispute. Civil case(civil law proceedings). Civil society(a society of free and equal citizens, relations between them in the sphere of economics and culture develop independently of state power). Civil registration. Civil execution(political punishment - deprivation of all rights of a citizen and protection of the law; obsolete). Civil death(the state of being subjected to civil execution; obsolete). 2. Characteristic of a citizen as a conscious member of society. Civic duty. Have civil courage. 3. Non-military, civilian. In civilian dress. 4. Non-church, not associated with church rites. Civil font(introduced by Peter I). Civil marriage(also generally officially unregistered). Civil funeral service(funeral meeting).

Civil marriage is an official marriage, i.e. a marriage registered in the registry office without the participation of the church and other religious organizations.

But lately this term has been increasingly misused.

If the expression “civil marriage” is used in a conversation, then this term means unregistered relationships. It is more appropriate to use the term “cohabitation” here..

Let's take a closer look at what civil marriage and cohabitation mean in 2020, whether the parties have any rights and responsibilities, and what are the pros and cons of cohabitation.

Legislation recognizes only those marriages that were concluded in the civil registry office (Article 1 of the RF IC).

This is a marriage union that was registered and formalized by government authorities without the participation of the church and other religious organizations.

But cohabitation is an unregistered relationship between partners that has not been formalized in the manner prescribed by law. The state does not recognize cohabitation as an official marriage relationship.

Legal consequences are associated only with relations officially registered with the registry office. What is a civil marriage? This marital relations with state registration.

There are no other types of marriage, like “actual” ones. A marriage cannot be registered unofficially.

Now the legal term “civil marriage” is not fixed in the Family Code, it is slightly modified, it is usually used for the concept of “cohabitation”.

There are now more than 4 million unregistered families. The couple lives with each other for years, acquires common property, has children, but does not sign with the registry office.

Such a marriage is illegal because it has no legal force and does not provide any rights in the division of property after a breakup.

The couple has all the family and moral rights and responsibilities, but they cannot fully protect their family rights.

Let's look at the pros and cons of civil marriage.

The popularity of officially registered relationships is falling more and more every year. According to statistics in the Russian Federation, only one couple out of three registers their relationship with the civil registry office.

The undeniable advantages of this approach:

If such a couple, during the period of cohabitation, acquires movable or real estate, furniture - all this is not the subject of joint ownership, unlike an official marriage. After a breakup, property is not divided in half.

A man and a woman have the right to individually own everything that they purchased personally, with the money they earned and registered in their name. They will not have to confirm their contribution to jointly acquired property.

Many ladies are interested in whether it is possible to wear wedding rings in a civil marriage?

Rings are a tradition that is not legally binding.

If the couple wishes, she can wear wedding rings during the period of cohabitation, and before, and after.

Relations in an unregistered family union are regulated not by the Family Code, but by the Civil Code.

Conclude marriage contract Cohabitants cannot communicate with each other either.

Let's look at the disadvantages of informal relationships.

An unregistered union has certain disadvantages:

Russian legislation does not provide that purchased items receive the status of common shared ownership. Partners whose marriage is not registered independently organize a regime of common shared ownership.

Then they should record everything acquired as common shared property in order to correctly carry out the division of property in a civil marriage.

Shares are calculated from the contribution to the purchase (this is done in such a way that it can be proven by checks, receipts, agreements) or from a mutual agreement reached in writing.

Property will be divided according to the norms of the civil code in shared form. Separation is carried out during the period of cohabitation and after.

If the acquired property was not registered by the informal couple as common property, it will not be easy to divide it.

Then you will have to go to court and file a claim for recognition of the right of common shared ownership and division into shares, as well as for the allocation of a share from the common property.

For proof you can use:

Finding such evidence is a major challenge. They must be formatted in an appropriate manner. For example, if there is an email, then the printed screenshot is presented to the court, notarized.

Proof of cohabitation means nothing.

The most important thing is to prove to the court your financial participation in the acquisition of property. But according to judicial practice, the division of property between cohabitants is not an easy matter and often a dead end.

If the property was purchased on credit, then in the event of a break in the relationship under the agreement of shared participation in construction, it does not give the other participant the opportunity to prove the right to the property in which he invested his funds.

If difficulties arise with repaying the loan, foreclosure will be applied to all the debtor’s property. If he were in a registered marriage, they would first collect the personal property that he acquired before marriage, and then half of the property acquired during the marriage.

During cohabitation, the rights of the other party are not protected. If a loan or other agreement is issued in the name of one of the partners, the other will not be able to confirm his rights to half of the property.

The problem is solved in a similar way: by going to court, recognizing the right of common shared ownership, determining shares and division of property, amending the loan agreement.

The heir of the first stage is the spouse of the testator. If a cohabitant dies, then his “half” has no rights to inheritance.

And then there is no point in proving the fact of cohabitation, since according to the law only official spouses can be heirs.

But you can try to prove the fact of dependency and confirm:

• your disability;
• fact of cohabitation with the testator;
• the fact that the deceased partner fully supported his disabled “half”.

One cohabitant has no right to claim damages if the other cohabitant dies. But the official spouse can.

If a spouse dies due to a work accident or occupational illness, the family is compensated for lost earnings and expenses associated with the employee's death. A cohabitant does not have such rights.

The issue of payments will be resolved if the cohabitant proves the fact of dependency and makes demands to receive all or part of the testator's payments.

If partners have decided to live together, but are not yet completely sure of the seriousness of their intentions, then cohabitation is a suitable solution. This method will help to identify many important aspects in the behavior of the cohabitant that were previously invisible.

Is the couple ready to accept each other’s rhythm of life, accept some habits of their “half”, make compromises, decide serious problems, including financial ones.

If some consider this a trifle, others are sure that marriage is made up of these little things. Even small differences in lifestyle can dramatically affect your life together.

Cohabitation helps you get to know your partner from a different perspective. If family life does not work out, then you will not have to go through the complex divorce process and the associated costs.

But if everything was so clear and rosy, young people would stop entering into official marriage. There is always another side to the coin.

One of the most delicate moments is property acquired during the period of cohabitation. It can be difficult for cohabitants to determine how their division is carried out.

As for large purchases (movable, immovable property), it goes to the party to whom they are registered. It will be difficult for the other party to prove its contribution to these purchases.

In an official marriage, all jointly acquired property is usually divided in half by a court decision.

If a child was born to a couple during the period of cohabitation, the paternity of the partner will have to be established. The official spouse is automatically recognized as the father of a child born in a registered marriage.

But there may be another situation - a woman will prohibit her partner from seeing the children, and will legally have the right to do so if there is a dash in the “father” column on the birth certificate.

Then the court will order a genetic examination. If a DNA test confirms that the former partner is the father of the child, the man can enter his name on the child’s birth certificate at the civil registry office.

There are also psychological aspects, public opinion, which has a huge influence on many couples, and the annoying curiosity of relatives and friends.

Many women do not understand why a man does not propose in a civil marriage.

Usually, it is most convenient for men not to register a relationship, since there are fewer legal obligations, and some do not take moral obligations into account.

It is usually believed that cohabitation is a road to nowhere, since the choice of a partner is inconclusive.

It’s as if he’s waiting for a better option, but for now he’s passing the time with whoever is there.

For others, civil marriage is freedom from obligations, responsibility, and choice..

Legal insecurity does not frighten such partners.

Many couples wonder whether a civil marriage is worth living. And, weighing all the pros and cons, they find the answer. But it is different for everyone.

Video: Civil marriage. Legal consequences

CIVIL meaning

T.F. Efremova New dictionary Russian language. Explanatory and word-formative

civil

Meaning:

citizen Ánskiy

1. m.

Civilian.

2. adj.

citizen (1,2) associated with him.

b) Characteristic of a citizen, characteristic of him.

a) Correlative in meaning. with noun: citizen (2), associated with him.

b) Imbued with the idea of ​​public good; socially significant.

3) decomposition Non-military, civilian.

4) decomposition Non-church, secular.

S.I. Ozhegov, N.Yu. Shvedova Dictionary Russian language

civil

Meaning:

CIVIL, oh, oh.

1. Relating to the legal relations of citizens among themselves and their relations with government bodies and organizations. G. code. Civil law. G. dispute. Civil case(civil law proceedings). Civil society(a society of free and equal citizens, relations between them in the sphere of economics and culture develop independently of state power). Civil registration. Civil execution(political punishment, deprivation of all rights of a citizen and the protection of the law; obsolete). Civil death(the state of being subjected to civil execution; obsolete).

2. Characteristic of a citizen as a conscious member of society. D. debt. Have civil courage.

3. Non-military, civilian. In civilian dress.

4. Non-church, not associated with church ritual. G. font(introduced by Peter I). G. marriage(also generally officially unregistered). Civil funeral service(funeral meeting).

Small Academic Dictionary of the Russian Language

civil

Meaning:

Relating to the legal status of citizens (in 1 value) in the state.

Civil code. Civil laws. Civil law. Civil status acts.

Characteristic of a person who recognizes himself as a member of society, a member of a given state.

Civic duty. Civil courage. Civic valor.

I have seen your sons' civic courage, I have heard their fraternal vow, their magnanimous oath, and their fearless response to autocracy. Pushkin, Andrei Chenier.

Imbued with the idea of ​​public good.

Civil lyrics by N. A. Nekrasov.

(Poet:) I will write civil poems! Accusatory verses! Blok, About love, poetry and public service.

Non-military, civilian.

Civil service. Civil air fleet.

The clubs, both military and civilian, were in the most pitiful, neglected state. Kuprin, Duel.

People walked hurriedly along the corridors. Most often they were military men, but there were also people in civilian clothes. Chakovsky, It was in Leningrad.

Non-church, secular.

I wanted to study and read civil books voraciously. Gladkov, A Tale of Childhood.

- civil alphabet -