Civil marriage from the point of view of Russian law and society. Pros and cons for unofficial spouses

Difference between cohabitation and civil marriage: Pixabay Many unregistered couples mistakenly think that they live in a civil marriage. However, legal scholars think differently, especially when it comes to the division of property or registration of children. What is the difference between cohabitation and civil marriage, what are its advantages and disadvantages, were examined by psychologists and lawyers.

What is a civil marriage

From a legal point of view, a civil marriage is a relationship officially legalized in the registry office.

The difference between a civil marriage and an official one: what the law says

At the legislative level, official and civil marriage are synonymous concepts. Relations in the union are regulated by family, and not by administrative or civil codes. There are more subtleties in it, and it is the marital relationship that is taken into account, and not between an individual man and woman.

According to the Constitution and laws, civil marriage differs from official marriage only in name. Although people give different meanings to concepts.

How does a civil marriage differ from cohabitation?

To the question whether a civil marriage is an official marriage or not, from the point of view of the law, the answer is yes. A problem arises: how to designate a couple’s cohabitation without legitimizing the relationship. Lawyers say this is cohabitation.

Unlike a civil (official) marriage, a couple does not have family status. They are not considered to be husband and wife, regardless of the length of their cohabitation.

Jurisprudence provides a definition of civil marriage, but people continue to equate this concept with cohabitation and do not want to see the differences between them. To avoid confusion, it is worth setting aside the legal aspects for a moment. In all subsequent sections of the article, the term “civil marriage” will be used in the usual sense for the average Russian person and will mean unregistered relationships (cohabitation).

Civil marriage: opinion of psychologists

The opinions of modern psychologists about cohabitation vary. Some consider it a way to avoid responsibility or gain personal benefit, others are sure that this is a good way to “get used to” each other and get an idea of ​​what a person is like in everyday life.

Civil marriage helps to understand how compatible people are. But psychologists note an important nuance: how long the couple lives together under the same roof and is in no hurry to register the relationship. Especially when one of the partners, for example, a girl, dreams of marriage, but the guy does not plan to get married. If this state of affairs persists for more than 4-5 years, there is a risk that the young man will not change anything in the future.

There is also an opinion that the stamp in the passport does not in any way reflect on the life together. A wedding, rings or marriage certificate are only necessary for the social display of the relationship and to follow generally accepted norms.

Cohabitation from a sociological perspective

According to research by sociologists, over the past decades the institution of marriage has undergone noticeable changes. The number of couples living in unregistered relationships is constantly growing. Most of these cases are among young people, although the statistics are gradually increasing among the older generation.

According to sociologists, the reluctance to register a union has various reasons:

• lack of finances;
• unpreparedness for official relations;
• the ability to separate without litigation and other unpleasant aspects of divorce;
• maintaining a sense of freedom and the absence of traditional family obligations.

Young people usually just want to live with their loved ones and honestly admit that they are happy with everything. They don’t even think about the difference between cohabitation and civil marriage according to the Civil Code, but enjoy the moment. Sociologists are confident that all this will lead to unpleasant consequences - a decrease in the importance and value of the family, a decrease in the birth rate, and an inability to maintain relationships.

Attitude of the official church

Church leaders do not welcome civil marriage in the popular understanding of this term. The clergy call such relationships “prodigal cohabitation” and classify it as a sin.

It is worth noting that there are no such prejudices towards couples who are not married but have registered their relationship in the registry office. The Church considers such a union not a sin, but a blessing from God.

Statistics of civil marriages in Russia

According to analysts, the number of civil marriages is increasing every year. At the same time, another interesting trend is observed. Among women, there is an equation between official marriage and cohabitation. When asked if they are married, most give a positive answer. Men who live with their beloved without a stamp in their passport consider themselves unmarried.

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. This definition is true 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, secular, unofficial marriage was called civil, as opposed to the only legal one - church marriage. 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.

“Civil marriage” is the ideal of independence and equality of spouses

The current Family Code (FC) does not contain the term “civil marriage”, just as there is no definition of marriage. In this case, lawyers 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, and dictionaries.

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

Big legal dictionary, 2012.

Pros and cons of civil marriage

Cohabitation has both advantages and disadvantages. Some of them are common to both partners, while others apply only to the man or woman.

Minuses:

• if a relationship breaks down, legal problems may arise during the division of jointly acquired property;
• at the legislative level, partners are not considered spouses regardless of the time they have lived together.

Pros:

• lack of great responsibility;
• the opportunity to spend a lot of time together and take care of each other;
• saving on a wedding;
• maintaining relative freedom.

For many couples, living together allows them to experience a “demo version” of married life.

For woman

It's worth starting with the positive aspects. While living together, a girl can show her “I” and natural beauty. She will no longer have to spend several hours in front of the mirror to prepare for a date. The young man will learn to perceive his other half as he is.

Another point is the feeling of support. Sometimes you need to “cry into your vest” and be sure that someone will support you at any time of the day.

As for the disadvantages of civil marriage, this is an opportunity to face harsh reality. Life together may not be what it seemed in your dreams, and your partner may not be a prince on a white horse, but a person with annoying habits. Although it is better to realize this in advance, and not after the wedding.

For a man

For a man, a civil marriage is a convenient neighborhood. He lives in a clean apartment that smells of delicious food. And to get all this, the guy usually doesn’t make any effort. But, unlike living with your mother, who will give the same, there is another significant advantage - regular intimate life.

The disadvantage is the high probability that a girl who agrees to a civil marriage often expects something more. If so, her constant hints will soon begin to tire and irritate.

Attempts to give civil marriage legal force

The concept of civil marriage had a good chance of falling under the jurisdiction of the RF IC in 2015 and two years later being considered a legal marriage. The basis for the legislative initiative was the collected 100,000 signatures in support of such a bill, but this idea did not find any support among Russian parliamentarians in both 2015 and 2021. Politicians' positions on the concept of civil marriage will also remain unchanged in 2021.

The results of research by VTsIOM, published in February 2015, showed that Russians’ views on civil marriage and the question of what it is from a moral point of view have hardly changed. In 1989, only 18% of respondents spoke out against informal relationships, and in 2014 16% of respondents adhere to this position. It is not surprising that in such a society there are those who want to legitimize open relationships.

Children in a civil marriage: rights and responsibilities of parents

Entries in the birth certificate of a child born into the family are made on the basis of the entries in the marriage certificate of his parents. In the “father” column, the mother’s husband is indicated by default. In the case of cohabitation, everything happens a little differently.

In order for a man to be identified as the father of a child, he and the mother must submit an application to the registration authorities. Otherwise, the maximum that a woman can do is to give the newborn a middle name after the name of her common-law spouse. But this does not mean that the latter will become a father at the legislative level.

Less often, but still there are situations when a man can apply to establish paternity on his own behalf, without the presence of a woman. In practice, this happens in cases where the mother died, was deprived of parental rights, etc.

If a man is listed on the birth certificate and has filed an application to establish paternity, both partners acquire the same rights and responsibilities towards the child. They are no different from those that parents who are officially married have.

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

In the law of Russia of the 21st century, only official marriage is distinguished. For the law and government officials, the only legal marriage is one concluded in the registry office:

Marriages entered into only by the civil registry office are recognized.

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

The Family Code recognizes only officially registered relationships as marriage.

Unofficial marriage is referred to by different terms. Legislation since 1917 has followed the path of unifying the regulation of family relations. The result is that only one form of marriage remains in family law. Other forms of unions are not reflected in family law in any way. For example, if in the Unified State Examination tasks you answer that a civil marriage is an unofficial, unregistered marriage, then the answer will be given 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 dated December 29, 1995 N 223-FZ (as amended on December 30, 2015)

In judicial practice, the terms “de facto marriage” and “cohabitation” are used; there is no difference between these concepts. In life, the word “cohabitation” is used in a pejorative, offensive sense, which is why in everyday speech an unofficial marriage is called civil. From the point of view of law, “cohabitation” and “civil marriage” have the same meaning and are not reflected in the law in any way. This is a legally invalid, unofficial, illegal marriage. In regulatory documents, the phrase “civil marriage” is always placed in quotation marks. Such relationships never amount to a formal union.

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

Property rights in a civil marriage: who benefits?

In Russia, a civil marriage registered in the registry office is recognized as official. In a divorce, marital property is divided between both spouses. In the event of a break in a relationship that has not been registered, the issue is regulated in a completely different way.

According to the law, the property goes to the person to whom it was registered at the time of purchase. The fact that the second partner also contributed part of the funds is usually not taken into account.

You can try to achieve justice taking into account the norms of the Civil Code. It describes the procedure for dividing property owned by two or more persons. In this case, you will have to prove the fact of joint residence and that the property was purchased with common money.

Perhaps in the future the bill comparing the rights of spouses in official and unofficial marriage will be revised again. But now it is not considered one of the most necessary.

Advantages and disadvantages of civil marriage and cohabitation

The table below contains the pros and cons of one and the other cohabitation option.

Pros and cons of civil marriage

Pros and cons of cohabitation

How to manage a joint budget

At the beginning of your life together, you will have to establish rules to create comfortable conditions for both partners. One of them will concern budgeting. There are three options for the development of events:

• Separate budget. The optimal solution for those who need guarantees of rational use of funds. Minimizes conflicts on financial grounds, since partners do not depend on each other. General expenses for food, utilities, etc. are divided equally.
• Total budget. All the money is put in one place, everyone can take from the “piggy bank” as much as they need. This method helps to plan your budget and large purchases in advance, but has a significant drawback - the partner is not always ready to calmly accept the fact that someone will spend more money than him.
• Mixed scheme. Combines both previous options. Each partner puts a certain amount into the “family fund” for household and other needs, and can spend the rest of the salary at his own discretion.

Regardless of the option chosen, lawyers recommend not to rush into large joint purchases or enter into joint ownership agreements.

Cohabitation is a good alternative to official marriage only for the first time. In the future, 85% of Russian citizens still prefer to legalize their relationship.

Will I have to divide the property?

Many are also interested in property relations between spouses in a civil marriage.
Living together does not entail legal consequences in terms of the emergence of jointly acquired property (Article 36 of the Family Code of the Russian Federation). It turns out that until the marriage is registered, each spouse has their own personal property, and if a dispute arises, it is very difficult to prove that something was purchased with jointly earned money and is common property. In an official marriage, it does not matter to whom this or that property is registered. If it was acquired during marriage (with the exception of gifts and inheritance), it is considered joint marital property, which is divided in half or in another proportion depending on with whom the child remains to live after the divorce (Article 39 of the Family Code of the Russian Federation).

Living in a civil marriage, you cannot conclude a marriage contract. More precisely, this agreement will not be considered a marriage contract and will come into force only from the moment of state registration of the marriage (Article 41 of the Family Code of the Russian Federation). At the same time, the Civil Code does not prohibit citizens from entering into agreements on the use of common property and its division under certain circumstances. Such agreements, unlike a marriage contract, are not subject to notarization, which to some extent facilitates their conclusion. However, in our country, a marriage contract, and, moreover, an agreement on the property rights of spouses living in a civil marriage, is still very rare.

What types of marriages exist in the world: varieties and their characteristics

In different countries, the concept of marriage, other than the traditional legal one, is interpreted differently. Depending on the legal framework and public opinion, there are different types of marriage unions.

Guest

This is an interesting form of marriage when the relationship is formalized, as required by law. But at the same time, husband and wife do not live in the same living space; their meetings are periodic.

This is something like dating, spouses have the opportunity to experience the joy of mutual presence. There is no obligation here, no claims that someone should do something but does not want to. Functions are distributed randomly.

Meeting by mutual desire, as if coming to visit, the spouses feel like lovers who do not overshadow each other’s lives with everyday worries and everyday problems. The thrill of meetings and romanticism without the routine of everyday life is what this type of marriage is built for.

One might argue that such relationships have no future, but any marriage can break up. The guest type of family is the choice of adult, self-sufficient people who have no reason for conflicts and scandalous clarifications about who is to blame, that the dog made a puddle and that the dishes were unwashed.

But not everything is so rosy, there are also disadvantages:

• children raised in this form of relationship between mom and dad receive a one-sided upbringing and do not have the opportunity to gain the experience of creating a normal family;
• problems in the distribution of the couple's funds.

This type of family union is partially justified if the spouses live in different cities or one of the couple is engaged in show business.

Same-sex

Legal relationships between a woman and a woman or between two men are not yet possible in Russia, but in a number of countries around the world society is ready to accept this type of marriage with understanding.

The number of countries where the conclusion of same-sex unions is legal is at least 18 in 2021, including Germany, Japan, Great Britain, etc. But there are also such forms of legal same-sex relationships as civil partnerships and unions.

For example, in Austria, Switzerland and a number of other countries, restrictions are established at the legislative level for such families with regard to the adoption of children, artificial insemination, the use of surrogacy, etc. In parts of Mexico and Costa Rica, for example, the status of such couples generally debatable.

Thematic

This type of relationship a priori does not accept equality, since it assumes the dominance of the upper partner over the lower one, in all spheres, and especially in the sexual one.
To many ordinary people, this type of family will seem identical to sexual perversion. If in the “topic” there is only one of the couple, and the other is an adherent of the traditional state of affairs, then there can be no talk of mutual understanding and happy coexistence. In a thematic marriage, both spouses should be prone to sadomasochism to one degree or another, to playful forms of sex with the use of violence.

These same relationships of dominance, the primacy of one partner over the other, are transferred to all other areas of family life. After the birth of children, it is not always possible to keep the secret of the “theme”; the excessive passion for the dominant position of one and the servile position of the other spouse no longer suit the partners, and the thematic marriage falls apart.

If a couple’s games on the topic do not go beyond the boundaries and do not cause protest from one of the couple, then this is only their choice, and no one should care about the form of family relationships. The problem is that violence and the demand for total submission of the slave (slave) becomes a system, which will lead to a breakdown of psychology and rebellion of the subordinate.

Polygyny (polygamy)

In a number of Muslim countries, a man has the right to legally have several wives, and the law is most lenient towards polygamy, with virtually no restrictions, in the following countries:

• Afghanistan;
• UAE;
• Saudi Arabia.

It is interesting that in such families all children have equal rights, which cannot be said about wives. The rigid framework of lack of rights for Arab women is familiar and often does not even cause indignation. Obstinacy is punishable here. Many Muslim men are happy to exercise their right and choose a younger and younger wife each time.

Historically established Muslim laws are incomprehensible and unacceptable for modern people in Europe and the USA, but this is a fact that we have to put up with.

Property division

When living without registering a marriage, the legal regime of the couple’s joint property differs from the property of legal spouses. They are regulated by various regulations.

When registering at the registry office, relations regarding the division of property are determined by the Family Code. It establishes that all property acquired by husband and wife during marriage is their joint property. At the same time, they have equal rights to it; everyone can get half.

In case of cohabitation, the property will officially be the property of the person in whose name it is registered.

If disputes arise regarding the division of such things, the provisions of the Civil Code shall apply. In accordance with them, acquired property can be recognized as owned in shares. The condition for this is the participation of both cohabitants in its acquisition or creation, on the basis of which the specific part of each is determined.

In order to avoid possible problems in the future, the most correct solution to the issue is the initial acquisition of things as shared ownership. But this is only feasible in relation to real estate.

In practice, upon separation, it is possible to divide what was acquired during actual family life by concluding an appropriate agreement. This can be done when the couple is in a normal relationship and can calmly come to an agreement.

The law does not contain a requirement for mandatory notarization of such an agreement. But we can recommend contacting such a specialist. He will be able to help you draft the document correctly. In it, the parties specify who gets what, in what shares, and the terms of re-registration.

If the couple could not agree, then the right to a share of the property acquired during the period when they cohabited can only be recognized in court. Such disputes are quite complex. The practice on them is ambiguous, since everything depends on whether the plaintiff will be able to prove the circumstances of joint participation in the acquisition of property.

The court must provide not only evidence that the couple lived together as a family and ran a common household. It is necessary to prove that when purchasing things, money from both parties was spent, and the property was purchased specifically for use by the couple together. It is required to present written documents and call witnesses.

If the decision is positive, the court will allocate the plaintiff a share of the property or payment of compensation. The amount will be determined based on the amount of funds contributed by the applicant for the purchase of the disputed property.