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. There is a need to prove paternity in court.

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.

The term "civil marriage" has become extremely popular in various discussions of family situations. Often this phrase is used to refer to marriages that are not officially registered. Let's see what a civil marriage is, how it differs from cohabitation, and in what cases it is appropriate to use this expression.

For a long time, the prerogative to register births, marriages and deaths belonged to the church and church communities. Marriage was considered a union blessed by the church, in the Orthodox and Catholic tradition, accompanied by the sacrament of the wedding. It was such a union that was recognized as the only legal one, and had legal consequences.

The concept of "civil marriage" in Russia and most European countries arose at the dawn of the twentieth century and was opposed to church marriage, although in some countries for several centuries both forms existed in parallel and were absolutely equal in terms of legal consequences. In some states, both forms of marriage are practiced to this day, but in Russia church marriage is not recognized by the state and has no legal force. A church marriage, beginning with the sacrament of a wedding, can only be an addition to a civil one, but in no way can it replace it.

Civil marriage is a marriage union, which was registered by mutual consent of the partners in the state registry offices. In Russia, civil marriage is the only form of official marriage. Therefore, the term itself has lost its relevance, and it is customary to use the word “marriage” to refer to officially registered relationships without further clarification of its form. The legal consequences of civil marriage are regulated by the Family Code of the Russian Federation.

Upon marriage, spouses acquire rights and obligations towards each other, which also apply to their joint children. Additionally, the rights and obligations can be regulated by a marriage contract, the conclusion of which is optional and remains at the discretion of the spouses. Spouses live together, acquire common property, run a joint household, give birth and raise children, and are endowed with inheritance rights.

Unlike a church marriage, a civil marriage is dissolvable. The procedure for its termination is regulated by the Family Code of the Russian Federation. In the presence of common children or mutual property claims, divorce occurs with the participation of the judiciary. At the same time, according to the legislation of Russia, movable and immovable property acquired during marriage is joint and subject to division upon divorce.

In addition to property and inheritance rights, spouses are vested with the mutual obligation to support each other during periods of incapacity for work, as well as the obligation to support and educate their children. Parental rights and responsibilities remain even after a divorce.

Often in everyday life, cohabitation is incorrectly called a civil marriage - a marriage relationship that is not officially formalized in the manner prescribed by law. Cohabitation is not recognized by the state as a marriage relationship. In Russia, it is not a form of marriage, even when running a common household and having children. Such a union does not entail any legal consequences, the spouses do not acquire any mutual rights and obligations. The law gives them only parental rights and responsibilities in relation to joint children. At a time when the rights of illegitimate children differed from the rights of children born in wedlock, children born in cohabitation were equated with illegitimate children.

Cohabitation has always existed, but in the modern world it is becoming increasingly popular. Despite the fact that the interests of partners in cohabitation are not protected by law, many couples are in no hurry to formalize their marriage. The idea is spreading more and more widely, according to which, before official registration, young people need to live together for some time and look at each other in order to avoid many problems in family life in the future.

However, neither the state nor the church support cohabitation. But if the church directly condemns such relationships, calling them fornication, then the state's disapproval is expressed in the absence of a legislative framework regulating cohabitation. Unlike a marriage union, children born in cohabitation do not take the father's surname by default. A father can give his children his last name only through the procedure for establishing paternity, by writing a corresponding application to the registry office. Property acquired in cohabitation is not considered common. By law, the person who acquired it is recognized as its owner.

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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.

The relationship between a man and a woman plays an important role in a person's life. Today one can encounter various forms of so-called marriage. These are relationships in a couple that are registered in one way or another. The actual marriage requires special attention. What it is? How is it different from civil? What are the pros and cons? We will have to answer all these questions further. In reality, everything is much simpler than it seems. We also have to understand how to properly formalize the relationship in an official manner. Not everyone knows the features of such a process.

Civil marriage

Let's start with a little bit of terminology. Today, de facto and civil marriage are distinguished. What it is? Let's start with the second concept. From the point of view of the law, a civil marriage is a relationship officially registered in the registry office. In other words, this is the conduct of a joint life after the wedding. This is the meaning of civil marriage among lawyers.

However, this terminology is often used in a different sense. Civil marriage is most often called the process of cohabitation of a man and a woman. In this case, people live under the same roof, lead a life together, but their relationship is not officially registered in the registry office.

Actual union

The next important term is actual marriage. What is this concept? How is it different from civil marriage? Further in the text it will be understood precisely the legal interpretation. An actual marriage is a process in which people live together, build relationships, and even give birth to children. Unlike official registration, this scenario is not recorded anywhere.

In other words, actual marriage is the cohabitation of a man and a woman, an analogue of a generally accepted (not legal) civil marriage. This form of relationship is often intermediate between "just dating" and "the status of husband and wife." Despite this, actual marriages in Russia are spreading rather quickly. People do not rush to registry offices to register relationships. And there are reasons for that. The concept of actual marriage is now clear. But what are the pros and cons of this form of relationship?

Advantages of civil marriage

The formal form of joint farming has its advantages and disadvantages. What is this about? First of all, it remains to be seen why the population is attracted to painting in the registry office. Why register relationships if you can do without this feature? The fact is that among the main advantages of civil marriage, the security of family relations is distinguished. Citizens after painting in the registry office will be considered official spouses. Their relationship will be regulated in accordance with the Family Code of the Russian Federation.

In addition, civil marriage:

• Gives husband/wife special rights. For example, in some hospitals, only spouses are allowed to visit patients.
• It gives the parties security and clarity of relations, both property and non-property.
• At the birth of children, official marriage eliminates most of the problems. For example, children will be able to take their father's surname without additional paperwork. In addition, in official relationships, it is easier to fulfill parental responsibilities.
• The division of property in a divorce will be carried out in accordance with the RF IC. In addition, spouses can conclude a marriage contract in advance. It will help clarify the principles of division of common property.

Accordingly, this form of relationship is a certain guarantee. As already mentioned, the actual marriage is still quite common in Russia. Why are citizens in no hurry to formalize relations?

Disadvantages of registration in the registry office

It is enough to think carefully about the consequences of such a decision. As already emphasized, civil marriage gives the husband and wife special rights. This is a completely new stage of relations that requires great responsibility. Some people just don't want to sign up. There are not so many disadvantages of a civil marriage. These include:

• Responsibility to relatives, spouses and children. Relations in the family, as emphasized earlier, are regulated by the Family Code of the Russian Federation.
• Terminating a relationship in case of conflict is not so easy. The actual marriage allows people to just leave and not think about each other. Officially registered relationships require additional paperwork in a divorce.
• The presence of common children greatly complicates the process of divorce.
• After the dissolution of the official marriage, the spouses have some obligations to each other and to the children. It is not difficult to prove them.

That is why everyone decides for himself what to do. Making a marriage is a fairly simple procedure. And its termination often means problems. Nevertheless, the actual marriage requires special attention. What are the positive and negative aspects of it?

Pros of cohabitation

In fact, everything is not as simple as it seems. Previously, in Russia, the actual union was significant. It was enough to share one bed and lead a joint life in order to be officially listed as a family. But in 1944 everything changed. Citizens from that time had to undergo official registration of relations in the registry office. At the same time, persons living together could indicate the duration of the actual relationship. What makes a real marriage stand out? All people speak for and against this form of relationship. For some, living under one roof is enough, for some it is important to have a stamp in the passport for peace of mind.

Among the positive aspects of actual marriage are:

• Lack of responsibility to spouse. As emphasized earlier, in conflict situations, people can simply disperse without consequences.
• Freedom. Many understand that actual living with a citizen is a kind of freedom. Today you can live with one person, tomorrow - with another. Nobody owes anything to anyone.
• property relations. The undoubted advantage is the fact that everything acquired in an actual marriage is not recognized as joint. What is bought by the husband is due only to the husband. And all the property of the wife is only her property.

Perhaps all these features can also be attributed to the disadvantages. An actual marriage is a minimum of responsibility and a maximum of judicial debate if the parties have obvious conflicts.

Property

Special attention should be paid to property issues related to cohabitation. Often people disagree on the principle "whoever bought what belongs to him." But such situations are ideal. Often, the breakup of relationships in people is accompanied by mutual hostility and conflicts. What does actual marriage mean? The division of property in this case will be carried out under the guidance not of the Family Code of the country, but of the Civil Code. What does this mean? All joint property acquired through actual cohabitation is divided as common property. In other words, if a man has not invested a penny in the purchase of an apartment for his common-law wife, he has no views of her. Otherwise, the courts take into account who contributed what share when acquiring the property.

• running a joint household is not taken for work;
• the earnings of citizens and their other incomes are not considered joint;
• the degree of participation in the transaction and the personal investment of each party are taken into account.

It is noted that the actual marriage with the division of property is often accompanied by judicial debate. Therefore, such disputes are often settled fairly. Not always, but very often it is. The disadvantages of the process can only be attributed to the fact that domestic work will not be taken into account by the court.

About legal consequences

Are de facto marriages currently recognized? Quite. In court, if desired, you can prove the fact of conducting a joint economy. But in practice, such cases are extremely rare. What are the legal consequences of an unformed relationship? Among them are the following features:

• children do not receive the father's surname "by default";
• the father can assign his surname to minors only after the recognition of paternity;
• everything that is acquired during marriage is not considered jointly acquired.

Important: children born in a civil and de facto marriage have the same rights. The only difference is that in the second case, you will have to prove the relationship with the father. For this, a genetic examination was invented a long time ago.

Formation of relations

Marriage legal and actual implies a certain behavior of citizens. The fact is that in the first case, you will have to officially register the relationship, for example, in the registry office. And with actual cohabitation, no such manipulations are needed. Marriage registration is handled by the Wedding Palace. Citizens who decide to become husband and wife must:

• Collect a certain package of documents. Usually the passports of the parties are sufficient. If the bride is pregnant, you can bring a doctor's note with you to speed up the registration process.
• To write an application. It is filled in the registry office.
• Pay the marriage registration fee. Today in Russia, such an operation will cost 350 rubles.
• Set a painting date. Usually on this day people celebrate the wedding.
• Wait for the moment of registration of relations. At the appointed date and time, come to the Wedding Palace, confirm the operation and receive a certificate of the established form.

In fact, everything is much simpler than it seems. However, not everyone can enter into a civil marriage. What restrictions exist in Russia?

Restrictions and prohibitions for registration

There are not very many of them. Usually, a civil marriage means a mutual decision to conduct a common household in an official manner. The decision should be made by the bride and groom without pressure or threats. Otherwise, registration can be cancelled. To date, the actual marriage has no restrictions. And civil is not allowed for everyone. It is necessary to remember the following features of registration in the registry office:

• Applicants can only be adults. In some cases (most often when the bride is pregnant), marriage is allowed from the age of 16.
• The decision on painting is made only independently. This is a mutual decision of the future spouses.
• You cannot marry close relatives. Consanguinity is an obstacle to registration.
• Only capable persons can participate in the process.
• A wedding in Russia is held between a man and a woman. Same-sex marriages are prohibited in the country.

In principle, any adequate couple who have reached the age of majority can apply to the registry office to formalize the relationship. But people with non-traditional sexual orientation in Russia will have to be content with cohabitation.

Beginning of actual marriage

Now it is clear how a civil marriage differs from an actual one. In fact, everything is not as difficult as it might seem at first glance. How does the actual relationship begin? What characterizes this period? Nothing special. Civil marriage, as already noted, requires citizens to register with the registry office, accompanied by the issuance of a certificate. After that, the couple will be considered official spouses. The actual marriage begins from the moment the parties live together. As soon as people come together and organize a common life and leisure, their relationship can be considered completed. No registration or celebration. The same applies to the dissolution of a de facto marriage. People disperse and stop running a joint household.

Examples

Now for some illustrative examples. Not everyone understands the difference between the mentioned concepts. What is actual marriage? Life examples often demonstrate that this form of relationship is possible only between 100% honest and loving people. In other cases, you have to get security and some kind of state guarantees by registering with the registry office.

So, if a couple meets and lives together (it doesn’t matter who exactly, even with the spouse’s parents), then this is an actual marriage. At the same time, the parties themselves agree on how they will conduct their lives. For example, a woman takes on "female" duties - keeping the house, cooking, and a man - "male" - fixing, nailing, moving. Earnings often each such couple has its own. The income of a guy and a girl is considered personal; people give equal shares for common expenses.

Suppose a given family has a joint child. A similar unit of society lives with the spouse in an apartment or bought by him after the start of a relationship with the mother of the child. What will happen in this case in case of divorce? Mother and child are at risk of being left on the street. Especially if at the same time the woman does not have her own housing and work. For example, a man promised to take on all the expenses of maintaining the family in return for the fact that the woman would deal exclusively with the house and children. It is difficult to achieve alimony for a minor - you will have to prove the relationship of the child with the spouse. In fact, during a "divorce" husbands simply drive their wives out into the street, and they completely forget about the children.

It should now be clear what actual marriage is. Real life examples are sometimes different. Let's say a guy and a girl meet for a long time and lead a joint life. Children are born to them, property is issued mainly to a woman for one reason or another. And then mom falls in love and leaves for another man. The former de facto spouse will be left without property, he will have to seek the establishment of paternity through the court. Accordingly, de facto and civil marriage are two completely different forms of relations. But, as already mentioned, it is possible to prove the conduct of a joint economy in court. How exactly?

On the recognition of marriage

If you prepare in advance, then it will not be difficult to recognize the marriage of the actual type. To do this, you will have to prove the conduct of a joint economy. Are de facto marriages currently recognized? Yes, but only through the courts. As evidence of a relationship, you can present:

• records of telephone conversations;
• joint photos;
• correspondence;
• testimony of witnesses;
• video materials;
• medical reports (in the case of recognition of paternity);
• payments confirming joint purchases.

In fact, anything that can indicate a relationship between two people serves as evidence in a court of law. Recognition of actual marriage takes place. All of the above evidence helps not to recognize the marriage as officially registered, but to point to the conduct of a joint life, to emphasize the presence of shared ownership and kinship with children.

What to choose

Now it is clear what constitutes an actual marriage. Its pros and cons are obvious. In addition, its differences from the civil union are also no longer some kind of mystery. Some couples don't know what to choose. Which relationship option is the most beneficial? A civil marriage with official registration is the union that is preferred. Such a scheme for conducting a joint household protects the spouses as much as possible from deceit and injustice. Yes, marriage registration will be a rather serious step with increased responsibility. But in such a relationship, there are more pluses than minuses.

The actual union also cannot be crossed out. This is a normal stage in the development of a relationship. The main thing is not to be in such an alliance for too long. For example, you can apply to the registry office, then move in and live in an actual union until the official painting. It is this decision that becomes the most logical.

It is noted that long residence without a registered relationship in Russia is most often welcomed by men. At the same time, a strong half of society considers their cohabitants to be ordinary girls, while women believe that they have the status of wives, but without a stamp in their passport. It is noted that people who live for a long time without painting, either live like this all the time, or sooner or later disperse. Playing a wedding in such a scenario is not so easy - it is not always possible to prove the need for action.

Results

From now on, it is clear how the actual marriage relations differ from those registered in the registry office. We can say that this alignment is the freedom of the spouses, the absence of responsibility and any guarantees. Therefore, it is customary to consider formally formalized relations as a more reliable union. In addition, neither the state nor the church recognize cohabitation. Such relationships are often regarded as fornication and a mockery of the institution of the family. Nevertheless, it is far from always possible to register with the registry office. This is especially true for people with non-traditional sexual orientation in Russia. The actual marriage is an intermediate link between the status of "boyfriend and girl" and "husband and wife". A normal stage of a relationship that should not be delayed. Everyone decides how to live. But civil marriage gives spouses special rights, duties and responsibilities.

The conclusion of a formal union between a man and a woman is a serious step in the life of every couple. Therefore, a solemn event must be preceded by a balanced decision. However, more and more young people are postponing this step for later and living together without marriage. What is the difference between formal family and cohabitation? Register a union or not? Consider the pros and cons.

Entering into an official marriage is the registration of two persons of the opposite sex in the registry office. At the end of the event, the specialist puts a stamp in the passports of citizens with a record of marriage. As soon as such a mark appears in the identity document, the union is considered registered.

Important! Currently, according to the legislation of the Russian Federation, marriage can only be concluded between a man and a woman.

What is a civil marriage? It appeared as an alternative to the church. In the Russian Empire, the official union was in the form of a wedding and making an entry in church books. And the civil (worldly) among the people was considered frivolous, and the spouses were not responsible before God.

After the revolution, the church lost its influence, and the Constitution completely secured freedom of religion. Therefore, a civil marriage concluded in specialized bodies began to be considered official.

However, the terminology among the people has been preserved. A "fake" marriage is usually called civil. Now, in common parlance, this is what cohabitation is called. That is, living together without concluding a formal union.

Thus, it is important to separate concepts. Official (civil) marriage is concluded through the registry office. If the procedure has not been followed, it is cohabitation.

Differences between cohabitation and formal marriage

Cohabitation refers to actual marital relations. This is a “lightweight” version of an official marriage. Spouses bear only those rights and obligations that they consider necessary. Thus, the couple runs the household, shares income and bed, but does not formalize their relationship legally. Relationships are considered valid only during the period of cohabitation. When citizens cease to live together, their rights and obligations cease.

Official marriage carries a high level of responsibility, including property. Legal spouses have a significant list of joint rights and obligations. For example:

• the spouse has priority in inheritance by law;
• in the event of a divorce, the acquired property is divided in half;
• the possibility of receiving a financial allowance for a disabled ex-spouse.

Thus, cohabitation can be a trial period before the conclusion of an official marriage. People who have lived together and recognized each other's features are less likely to get divorced.

Legitimacy of relationship

In accordance with the current legislation, cohabitants do not have official rights and obligations in relation to each other. Of particular importance in this situation is the right to property acquired during the period of cohabitation.

To protect citizens who have chosen this type of family life, legislators periodically raise the issue of equating cohabitation with official marriage. For example, in 2018, a bill was considered. The difference between this document and the previous ones was the established period of cohabitation. The necessary period was cohabitation for 2 years.

In addition, one of the reasons for the regular discussion of this issue is the importance of recognizing the legal regime of marital property. In this case, the debts of one cohabitant can be recovered from the other. Since the country has an unfavorable situation with loans, such a law would ease the tension in the banking system a little.

Children in legal and informal marriage

When children are born, the marital status of the mother is of great importance. Even the adoption of a child left without care into a family differs depending on this fact. It is worth considering the issue in more detail. If the parents are married:

If parents cohabit:

• Paternity of children must be established through the registry office (with the general consent of the mother and father) or through the court (if one of the parents is against it).
• Otherwise, the father has no rights and obligations in relation to the child, and they are fully assigned to the mother.
• In the event of the death of the mother or the deprivation of her rights, the father can place his children under guardianship only on a general basis.
• When the father dies, the mother must establish paternity posthumously through the courts in order to obtain a pension for children.

Thus, for children it is of direct importance whether the mother is married or not. In cohabitation, mother and father must take additional measures to protect the rights of minors.

The question of property and debt

One of the arguments in favor of the couple's cohabitation is the unwillingness of a magnificent wedding. Considering yourself responsible and competent, it is necessary to issue property documents. Thus, in order to protect the rights during cohabitation, you need to resort to the help of a lawyer in order to further protect yourself and your partner:

1. Settle one's affairs.
2. Allocate shares in property purchased during the period of joint residence.
3. When applying for loans for joint purposes, divide the amount in half.

All of these measures are purely voluntary, as is cohabitation. They do not require large financial costs, however, they can protect each side in case of an emergency.

Each of the cohabitants is responsible for his own debts and loans. This rule applies even when buying property for common use with this money, as a gift to a cohabitant or when registering ownership of it.

Official spouses are liable for each other's debts. In the event of a divorce, the court may decide to divide the loan amount.

This issue can be settled with the help of a marriage contract or division of property. Cohabitants do not have such rights.

In the event of the death of one of the cohabitants, the second has no rights to his property, including that acquired during the period of cohabitation. This issue can be resolved with the help of a written will in advance.

This document can be challenged by interested citizens. For example, the children of the deceased. After marriage, a person is the heir of the first stage. Therefore, he will become the owner of the property of the deceased along with his parents and children. And it is impossible to challenge his right.

Legislative regulation

Relations in an official marriage are regulated by family law, including the regime of property of spouses. At the same time, joint responsibilities remain even after the dissolution of the union.

After a divorce, a husband can collect alimony from his wife if his state of health does not allow him to provide for his needs on his own. Moreover, after the death of a spouse, a disabled citizen may demand a survivor's pension.

The concept of cohabitation is not enshrined in regulations. Persons living in such a union do not have mutual legal rights and obligations. Therefore, the norms of civil law apply to the property relations that have arisen in this case.

Pros and cons of cohabitation

Having considered the pros and cons of official marriage, you can analyze the second option in more detail. Currently, the majority of young people and accomplished citizens choose cohabitation. This type of family life has its advantages and disadvantages.

The main disadvantage is the lack of legal obligations of the parties. This is especially evident during the planning period of pregnancy. Child care allowance is paid to officially employed women in childbirth. Moreover, its size will be only 40% of wages. This amount is sorely lacking for the maintenance of the mother and child. Therefore, the presence of a man who will help financially is of great importance. However, in the absence of official registration of marriage, financial support is provided on a voluntary basis.

One of the advantages of cohabitation is freedom from financial claims from the second half. A man cannot claim rights to housing, a car, other property purchased during the period of marriage, wages and other incomes of a woman, if all this is registered in her name.

Cohabitation time can be considered as a trial period. Getting to know each other better, having studied household habits, a more responsible approach to registering a marriage is possible. One of the most common reasons for divorce is differences in household habits.

We conclude that a civil marriage differs from the official one in the name, the presence / absence of a stamp in the passport and a number of property rights and obligations. Having understood the terminology, one can note the pros and cons of both cohabitation and official marriage. However, the decision to register a union or cohabitate without a stamp should be made by a specific couple.