In 2018, a law may be passed in Russia, according to which civil marriage, under certain conditions, can become official. What are we talking about?

A new bill will be submitted to the State Duma of the Russian Federation, which involves changes to the Family Code. We are talking about the new concept of "actual marital relations”, which can be assigned to people living.

Let's figure out in which case a civil marriage can become a "actual marriage relationship"?

• If a man and a woman live together for more than 5 years.
• If a man and a woman live together for more than 2 years and have a common child.

“De facto marital relations” are unregistered relations between a man and a woman, which are equated to official marriage. Of course, this also applies legal consequences- they will be the same as in an official marriage.

It turns out that, having lived together for 5 years (or 2 years + a common child), a man and a woman automatically enter into actual marital relations, and their rights and obligations are now regulated by law: family and civil.

Why is this being done?

According to official data, in 2016 the minimum number of marriages in 20 years was registered. Many Russians, as well as citizens of other countries, do not consider it necessary to formalize marriage and have a stamp in their passport.

Official surveys in our country have shown that many people do not see the difference between a civil marriage and an official one.

The author of the initiative, the person who proposed this bill for consideration, Anton Belyakov, believes that civil marriage puts the participants in a relationship in a vulnerable position, since from the point of view of the law, cohabitation does not exist, and therefore there can be no legal consequences. Anton Belyakov is sure that the state should recognize civil marriage as official and protect the participants in the relationship. The first step for this could be a "lawful matrimonial property regime".

What is the legal regime of matrimonial property?

If people who have lived for some time in an official marriage get divorced, then there is a division of property. It can pass peacefully (a notarial agreement on the division of property) or through the courts. In a civil marriage, everything is somewhat more complicated - what is registered for someone, then he gets it.

"The legal regime of property of spouses" means that people who cohabit will share joint property if necessary. That is, the property that they acquired during the period of cohabitation. In general, everything is like in an official marriage.

Is it necessary?

On the one hand, sometimes people really are not protected legally if problems arise during a civil marriage. Such a law would help protect the rights of women (or men).

On the other hand, there is an official marriage. People may choose not to marry according to their own wishes. Why force them to do it? If a man does not want to marry a woman, then does he want to be automatically assigned the status of a husband? He just walks away from the woman. This, of course, can be a plus - one of the cohabitants will not be "fooled". But why is it all? Is this not a violation of the freedoms of citizens?

It is not yet known if the bill will pass. Everything is as usual: wait and see.

For every 100 married women, there are 30 married men". This is not a paradox. This is an old well-known joke. And really, why is that? Women living in "unformed" relationships tell others that they are married. Most of the men, connected by exactly the same bonds, claim that they are bachelors. It turns out that they understand differently how a civil marriage differs from an official one? For the first - a civil marriage is equated to an official one, and for the second cohabitation - "love without obligations"?

Civil marriage is not made in heaven?

We used to call "civil marriage" the cohabitation of a man and a woman, so to speak, "without a stamp in the passport." They run the household. Sometimes they have common housing, often - joint children. In fact, a civil marriage is a marriage union registered with the relevant authorities (registry office) without the participation of the church. In other words, a civil marriage is an official marriage. The term arose at the beginning of the twentieth century, when young people, under the influence of well-known events, stopped going to temples. Now the situation has changed. More and more couples are getting married, but a church marriage without a civil one has no legal force in Russia. So we will call unregistered unions:

• marital relationship,
• actual marriage,
• informal marriage,
• actual marriage.

That's what the lawyers say. BUT simple people call them civil marriage or cohabitation. By the way, from 1926 to July 1944, the actual marriage relationship had legal force. Understood the terms. Let's try to understand the relationship.

Why don't people get married?

It would seem that everything is simple - because they do not want, cannot, do not consider it necessary. Then why do they live together? Because they love each other. Then why don't they get married? Some vicious circle. Most often, men are not torn in the registry office. So, let's try to answer the sacramental question: "Why don't men."
Indeed, how is it - your girlfriend met with her boyfriend for three months, the day before yesterday they filed an application! Even Svetka from the next entrance, the boyfriend made an offer. And she's not a model at all! And what's wrong with you? You have been living together for three years, but at least a hint, at least a word about the wedding! Okay, no more wedding! Let's just write! So no, shut up! And for you it is important to be a wife, and not just a friend, a beloved woman ... Well, that's got to the reasons.

Why do men prefer not to formalize relationships:

1. He doesn't know what's important to you.
   A man is sometimes surprised when he finds out that women want to marry him. Moreover, at the very beginning of the relationship, in order to please the young man, the lady begins to sing a song about freedom, about not wanting to get married, about the fact that children are not the goal in life and other nonsense, thinking that a man will be delighted with the similarity of views. And then she wonders: “Why doesn’t he want to get married?!”. How why? You gave him that idea a long time ago!
2. He had previously had an unsuccessful marriage.
   And now he is afraid to repeat the mistake. Moreover, before the wedding, she was a miracle, what a caring clever girl, and then, as they changed it. Why is he sure that the same thing awaits him with you? Does he really love you? Give him time.
3. Nobody cares better than mom.
   Mom will always understand and accept him, a little bunny, as he is, with all the cockroaches. Why radically change your life for the sake of someone else's woman? Run.
4. Living space.
   Trite, but true. Muscovites, and not only, spoiled the housing problem. A man is sensitive to his territory. Not only do you live in his apartment, but you also have to be registered there? Need to think…
5. Lack of housing.
   Do not rush to shout that with a sweet paradise and in a removable hut. If your man does not think so, it does not mean that he is evading marriage! What if he really wants to provide a foundation for your family first? There is nothing wrong with this. Talk to him frankly. We wish you to come to a common denominator!
6. He considers himself free.
   He tells everyone (even in your presence) that he is single. No, still like this: "We just live together." Is it worth running.
7. The influence of friends and relatives.
   You don't like his environment. Wait, don't boil. Imagine that your boyfriend's friends are used to dropping by at his weekends with a cistern of beer, watching a sports channel and enjoying life. And now an unfamiliar madam lives on “their” territory, who is not enthusiastic about this kind of gatherings. In this case, they don't like the situation, not you. They will get used if your young man serious intentions towards you. Another question is when information is endlessly poured into his ears that he, handsome and smart, could find Angelina Jolie in the worst case. With friends like that, you don't need enemies. Ultimatums won't save you. Maybe you can bring him into your circle?
8. Your intimate life good and regular.
   No, no, that's not a typo. Many men are worried that after the stamp in the passport, the girl will “relax”. Like, it will work. And today is bad. In no case! It will be even better after the wedding.
9. He has children from his first marriage.
   And they don't accept you. A difficult situation. It seems that there is no choice. He is always there. Establishing relationships with is not an easy task, but solvable. In one of our articles we talked about this problem. Good luck! Everything will work out if you have patience and desire.
10. What for?
    Then.

But what about women? Do they all, as one, dream of officially registering their relationship and getting the coveted stamp in their passport? Is not a fact. Not all women believe that they will reveal their true potential only in marriage. There are others.

Why women are not in a hurry to get married, but prefer cohabitation:

1. Unsuccessful marriage of parents.
   If a girl has seen all her childhood, for example, a drinking father, she is unlikely to want to quickly tie the knot. She will need time to make sure that not all men are brawlers and
2. She makes good money.
   Women are successfully engaged in business, earn good money, in short, they are independent and self-sufficient. Too independent. She will raise the child herself, and spend the money as she sees fit. Screw in a light bulb? Yes please. Is the sewer clogged? Praise be to the man who invented the "husband for an hour." She is the head of the family. And the man... Well, let it be. Without a stamp in the passport, it is easier to disperse.
3. Resentment against the former.
   Waiting for a prince, but got a butler. Unfulfilled expectations are another reason why women prefer unformed relationships. Did your ex's opportunities exactly coincide with your desires and expectations? Maybe you should stop being offended and start a new life?
4. Fear of putting everything on your shoulders.
   Many girls are afraid that after the wedding, a man will put on "training shoes", pick up a bottle of beer and stretch out on the couch, lazily switching TV channels. Like, I made you happy, got married, now, my love, take our family on yourself. I wonder if he didn’t drink beer before, where did you get the idea that he would start after the wedding?
5. There is no love, and being alone is scary.
   So he lives with a "convenient" man. It looks like she's not alone. And it’s somehow indecent ... But how is she going to look for “true” love? Hiding in the toilet while texting on social media and dating sites? Lie and dodge, running away on dates? Is it necessary?

What will change if we go to the registry office?

Indeed, how to move from a civil marriage to an official one? Well, register your relationship! Or scary? “What are we afraid of? We have two children, we have been together for fifteen years!” Especially! Your children and you yourself will be protected by law. After all, we live in a state of law! Not so long ago, living together before marriage was considered immoral. And there was no question of living and not planning to register a relationship. Now, there is an opinion that before the registry office “you need to live together, you need to get to know each other better, otherwise you don’t like it?”. What if you don't like it with others? And with the third? So you will "rehearse" family life? Why converge if there is doubt? What to check? Of course, living together is a serious test. But for some reason it is given to us! And disagreements on everyday grounds happen to everyone.
Do you think that the form of relationship, so to speak, “with a clean passport”, sets you up for the opportunity to “rewind the movie”? After all, there is no need to sue, divide property, children, change documents, surname, status. Or vice versa, suggests further life together with a subsequent trip to the registry office? There is no exact answer to the question of which marriage is better civil or official. By the way, the opinion of psychologists on this issue is also different. But one thing is certain and obvious: if you really love each other, if you plan to live with your partner for many years, raise children, enjoy grandchildren and meet old age together, no obstacles and excuses will prevent you from having a common surname and being a real family! Bye! Be happy!

Should marriage be registered?

Civil law systems

Most Western European countries and their former colonies have a "civil law" system. Scotland, due to its longstanding alliance with France and the Netherlands, also has such a system. The Scots complain, and not unreasonably, that their system is littered with numerous legislative acts of the British Parliament, which are valid throughout its territory without exception. In addition, since some principles of Scottish law are identical to those of English law, both countries freely borrow laws from each other. For example, the precedent on liability for negligence, which first arose in English law, is also the Scottish precedent. Today, the distinction between contract law, civil wrongs (in Scotland they are called "tort") and criminal law are of a fundamental nature. On the other hand, in many areas of modern law, they rely on written laws (norms of legislation on employment, unfair dismissal, equal pay for equal work, etc.), Scottish law is identical to English.

Differences between civil and common law

European Union law is a civil law system. The civil law approach to making and interpreting written laws is fundamentally different from that of English law. This means that when British courts have to turn to European Union law (and now in the UK it takes precedence over any domestic law, contradicts it), many of them are faced with an almost foreign system.

Civil law is based on written laws (generally referred to as "codes"), establishing a series of broad principles and leaving judges to interpret them. At the same time, they can seek help from cases that have been resolved in the past, including similar controversial issues, or resort to the reasoning of the authors of well-known manuals. In contrast, UK laws are much more detailed, trying to cover all the possibilities that can be foreseen. Of course, not every situation can be taken into account, so British judges are also forced to engage in interpretation that involves the use of precedents and other sources, including the study of textbooks. However, we should not emphasize this hypothetical difference too much, since relevant regulations and directives have been adopted to detail the Treaty of Rome and other primary legislative acts of the European Union.

On the interpretation of laws, the English (and therefore British) method implies the need to consider the literal meaning of the words adopted and to give them force. It doesn't matter too much whether the literal meaning would have consequences different from those originally envisioned, only the result was not sheer absurdity or nonsense. In this case, the literal meaning can be modified, but only to the extent necessary to make the provision meaningful.

An example of a literal approach to interpreting Fisher v. Bell (1961)

The 1959 Aggressive Weapons Restriction Act provided that it was an offense to "offer to sell" certain types of aggressive weapons, including junk knives. The owner of the store displayed miscarriage knives in the window with price tags attached to them. Did he commit a crime? While it is clear that the purpose of the law was to punish those who supply dangerous weapons to the general public, it was recognized that no offense had been committed, since under contract law, goods with price tags attached to them are not offered for sale, but for inspection. Therefore, if we take a literal approach, there was no offer to sell.

On the other hand, the civil law method consists in the following analysis of the purpose of the provision and the interpretation of the words used to formulate it in order to achieve this purpose. This approach is often referred to as "targeted". The discrepancy between the literal approach (which is still applied in purely domestic law) and the purposive approach (which must be applied when interpreting the law adopted in accordance with our obligations under the European treaties) creates certain problems in the English courts.

Example of different interpretation of written laws

The Transfer of Establishments Regulation 1981 was adopted with the aim of giving effect to EU Directive 77/187. It aims to protect the labor rights of employees of an enterprise that is transferred into the ownership of another entrepreneur. The Decree stipulates that employment contracts for employees of an enterprise must immediately pass to the new owner before the transfer. The question arose as to what immediately means, as the buyers, who want to avoid the burden of transferring the seller's workers to them along with the enterprise itself, urged him to lay off the workers shortly before the transfer of the enterprise was to take place. Compliance with the law of such actions was strengthened in 1986 by the decision of the Court of Appeal, in which the words immediately before were assigned their literal meaning and it was determined that workers laid off at 3:00 before the transfer of the enterprise took place were not employed immediately before the transfer . However, the House of Lords subsequently took a targeted approach and recognized that the words immediately before the transmission should be interpreted in a way that allows the regulation to practically achieve the purpose for which it was adopted, i.e. EU Directive 77/187 came into force.

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. AT 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 formalization of the union, a man and a woman can sign marriage contract regulating 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.

When people find their soul mates, they have a natural desire to continue further life together. However, the form of such residence may be different. Some register the relationship that has begun, others do not see the need for this. What aspects exist in both cases, how does a civil marriage differ from an official one? Let's consider this in more detail.

Definition

In everyday life, these two concepts are often assigned opposite meanings. Legalized marriage is called official, and unregistered - civil. However, this does not correspond to legal terminology. According to law, it is a registered union that is civil, and if cohabitation is not sealed, this is defined as cohabitation.

Nevertheless, we will consider the issue in a more understandable way for most people, calling cohabitation a civil marriage.

Comparison

Many couples go to the registry office for moral reasons. They want to be recognized as husband and wife not only among themselves, but also in the eyes of society. It's no secret that one of the first questions to people living together is: "Are you painted?". In addition, after going through the registration procedure, lovers often begin to feel even greater responsibility for each other, and the cherished stamp becomes an additional guarantee of the strength and longevity of the relationship.

From the side of the law, the difference between a civil marriage and an official one lies in the points listed below.

Property

The law does not call the property of unofficial spouses jointly acquired. If, for example, a car is purchased with common money, then in the event of a separation, it will remain the property of the person to whom it is registered.

An official marriage gives the husband and wife equal rights to the acquired things, regardless of to whom they are registered. In a divorce, everyone can expect to receive half of the property.

Children

In a registered marriage, children have official parents who are legally responsible to their children. This means that under certain circumstances, one of the spouses who left the other with a child (several children) is obliged to provide financial support in the form of alimony.

Informal relationships, unfortunately, sometimes lead to the fact that a man refuses to acknowledge the fact of paternity in order to avoid paying alimony. Need to prove paternity judicial order.

debts

An official marriage is not only common income, but also joint debts. If, for example, we are talking about loans, then the spouses have the same obligation to pay them.

Each of the cohabitants can only rely on himself. If the common-law spouse refuses to help pay the debt, the law will not be able to force him to do so.

Inheritance

Now let's move on to what is the difference between official and civil marriage, if we talk about property relations associated with the death of one of the spouses or cohabitants. In an official marriage, in the absence of a will, the inheritance after the death of a person is distributed equally among the closest people: the legal spouse, children, parents.

If the relationship has not been registered, the property will pass to the unofficial spouse only if there is an appropriate will. Otherwise, not only the cohabitant, but also children, if they were born in such a marriage, but the fact of paternity has not been established, will not be able to dispose of the inheritance.