Why is it important for a woman to have her marriage officially registered? Legal and psychological reasons

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Published: 12/30/2019

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I want to argue with the established opinion that the lack of registration of relationships in a couple is the norm. Society no longer imposes a ban on cohabitation and even defines it as a civil marriage. But from a legal point of view, there is no such thing as a civil marriage if it is not registered. Only those citizens who have registered their relationship by entering this information into the metric records of civil status are considered husband and wife. The remaining couples, in the language of legal concepts, remain in the status of cohabitants.

Securing the property rights of spouses
Possibility of inheritance after a spouse
Visits in prison
Automatic paternity determination
Tax benefits for spouses
Benefits and social guarantees
Survivor's pensions

I propose to look at cohabitation not from the point of view of morality or the legal status of the couple, but from the point of view of benefits and advantages. In my opinion, based on many years of practice in analyzing litigation, painting a couple is not only a step towards a meaningful relationship, but also a significant gain. I have identified 7 reasons confirming the priority of marriage over unregistered relationships.

Marriage can protect you from job loss

In the event of a layoff at work and with the same productivity and qualifications, a family worker who has at least two dependent people will have the priority right to retain his job. This is enshrined in Article 179 of the Labor Code of the Russian Federation.

A “family worker” does not have to be with a spouse and children, clarifies Elena Proskurova, head of the private law practice at NUS Amulex: it can also be someone who is dependent on them, that is, fully supported, or receives help from him (and she is the main source of livelihood for them) other close relatives, for example brothers, sisters, grandchildren under 18 years of age who do not have able-bodied parents, or parents if they have reached 60 or 55 years of age (men and women, respectively) or are disabled people (there are other similar cases).

Institute of marriage in Russia

Marriage relations, which determine the sociocultural order between a man and a woman, arose in ancient times. In Russia, the institution of family law was created during the formation of Russian statehood. Those entering into marriage were given the appropriate status, as well as certain responsibilities and rights.

Throughout history, various changes and amendments have been made to the legal framework governing marriage relations. Until the twentieth century in Russia, young people entered into only church marriage, regulated by church marriage legislation. The form of marriage was the wedding ceremony.

In 1917, church marriage was officially abolished, and this rite was replaced by civil marriage, the only one recognized by government agencies. A year later, a code of laws regulating marriage and family relations was adopted at the official level. By law, women over 16 years of age and men over 18 years of age could marry.

In subsequent years, various changes were made to the Code on Marriage and Family to regulate the rights and obligations of each spouse. Today, young people over 18 years of age (men and women) can get married. Newlyweds can legalize their relationship at the registry office and, if they wish, conduct a mysterious wedding ceremony in a church.

According to the laws of the Russian Federation, marriage cannot be registered for a number of reasons.

In what cases is marriage not concluded:

The bride or groom is in another registered marriage.
They have close family ties.
They are adoptive parents or adopted parents in relation to each other.
Incapacity associated with a mental disorder, recognized by the court in one of the parties to the marriage.

Changes are sometimes made to the “Code on Marriage and Family” of the Russian Federation, but still the Russian government tries to preserve the traditional rules of the family institution that have legal norms.

Guarantees financial support

Marriage presupposes mutual material support. This is stated in Article 89 of the Family Code of the Russian Federation.

Moreover, material support can continue even after divorce, in particular:

if the needy spouse is caring for a disabled child they share;
the wife is pregnant or less than three years have passed since the birth of their common child;
the ex-husband or wife became disabled during marriage or during the first year after divorce (Article 90 of the RF IC).

You can not support your ex-spouse if:

his or her disability was caused by alcohol abuse, drug abuse, or the commission of an intentional crime;
in case of a short marriage;
in case of unworthy behavior in the family of a spouse who needs help (Article 92 of the RF IC).

Based on judicial practice, a marriage is considered short-lived if it lasted from several months to five years and the couple did not have a stable family relationship, explains Elena Proskurova, but in each specific case the court establishes circumstances indicating the couple’s intention to start a family. Misbehavior may include alcohol abuse, use of drugs or psychotropic substances without a doctor’s prescription, gambling, embezzlement and disposal of funds to the detriment of the interests of the family, the expert lists.

Possibility of inheritance after a spouse

Inheritance by law is only permissible if there is a marriage certificate. In this case, the husband or wife of the deceased owner inherits the property by law in the first place, along with the children and parents.

If the couple has not been married, then the cohabitant is not recognized as an heir - the property will be received by the parents and children, and in the absence of them, by other relatives. Often blood relatives even challenge a will drawn up in favor of a cohabitant, leaving him with nothing.

The most unpleasant thing about this is that it is no longer possible to change the situation. Going to court is usually useless, since the courts are on the side of the legal heirs, guided by the provisions of Article 1142 of the Civil Code of the Russian Federation, which contains a list of heirs of the first order of kinship. And the claims of persons who do not belong to the category of relatives are categorically rejected.

Paternity by default

If a child was born in a registered marriage or within 300 days after its dissolution, then the father of the child is officially recognized as the husband of the child’s mother (Article 48 of the RF IC). The child is assigned a patronymic name on behalf of the spouse. If the marriage is not registered, then the father and mother will have to write a statement and thus establish paternity. If this is not done, then the child will be given the mother’s surname, and the patronymic - at her request and depending on whether the father’s data is included in the child’s birth certificate (Article 18 of the Civil Status Law).

Advantages of official marriage

From the legal side, a woman in an “official relationship” has a lot of advantages :

At the birth of a child - guarantees of recognition of paternity , which will be recorded in the birth certificate;
Property acquired during marriage is the joint property of husband and wife ;
In case of divorce, the common property is divided in half , and the children receive alimony from the father.
It is much easier for a married woman to take out a mortgage loan, travel abroad or adopt a child.

And sometimes a pension

If a spouse supported a disabled spouse, but passed away, then she has the right to receive a survivor's pension.

Moreover, family members of a deceased person who lived with him, and his disabled dependents can receive for him a salary, pension, scholarship, alimony, social security benefits - those funds that were his livelihood, but which he for some reason I did not receive it during my lifetime (you need to have time to write the corresponding application within four months from the date of opening of the inheritance).

Read on topic: 10 facts about inheritance that you might not know

Positive aspects of a stamp in a passport

The wedding has died down along with Mendelssohn's Waltz, and now you are husband and wife, you are now ONE FAMILY.

The first and most important point of marriage is that the family is you and your husband. And everyone else is relatives. All mothers and fathers from different sides are just relatives. And you don’t need to run to your mom for advice about your family affairs. You need to learn to consult with the person closest to you, your husband.

The beginning of family life

PROS OF MARRIAGE

You are now one family together
You share all responsibilities as agreed upon
Your support is now your husband, and you are now “behind your husband’s back”
You can safely give birth to a child in marriage
You can go on vacation together
Financial support
The concept of “I myself” will go away
You can always receive gifts from a man and ask him for something

We anticipate your objections that for all this, a marriage mark in the passport is not needed. What else does a stamp in a passport provide about marriage? It gives the most important thing for a woman - the STATUS of a married woman.

What does “married woman status” give?

This status gives her security. She no longer needs to fight “for survival” alone, and her husband will take care of her. Because a man automatically takes on this function. The man puts a ring on her finger and in front of everyone: before his parents, before his friends, before all his relatives, he takes responsibility for this woman.

And he just can’t give up this responsibility anywhere, if something goes wrong. This is similar to financial responsibility at work, when you just can’t quit it.

Recommended on the topic: If I were a man... What is the difference between a man and a woman

That’s why many men don’t want to take on this responsibility and live without a mark in the main document. Because they have no idea what they will “do with this stamp” if something suddenly goes wrong.

Moreover, we invite you to note that a wedding in the Orthodox Church can become that turning point in the family when the man “doesn’t know what’s going on.” A stamp in a passport sometimes does not stop you from rash actions, but a wedding can stop you. Usually, before the wedding, priests talk to the couple, ask all sorts of questions, and check the couple’s readiness to “be always together.”

It is worth taking this step and talking with the priest about your doubts and worries. Priests do not always formally approach this issue. But if you have your own “spiritual father,” then he will definitely discuss this issue with you and help. Both the stamp in the passport and the wedding are a very important and responsible step for a man; you shouldn’t delay it.

Of course, now in our modern times, all the traditions of antiquity are fading into the background, and the number of divorces is increasing. Women go through their post-divorce phase of life very hard. Men are less and less likely to want to put this stamp in their passport themselves.

Mortgage and property

If property is acquired by people during marriage, then upon divorce it is divided in half, and neither spouse can make transactions with this property without the consent of the other. But common-law spouses cannot count on this by default - only if they initially registered it as joint property. Or one of them will have to prove in court that both partners actually considered the property common and both invested in it.

This also applies to cases when two people in a civil marriage pay off the mortgage and then separate - the one for whom the loan is not issued has no way to prove that he invested in common property. In such cases, official spouses act as co-borrowers.

“Not only official spouses can act as co-borrowers: the bank can approve a mortgage for individuals who are not in a marital relationship. But in order to protect yourself in the future, you need to immediately acquire property in shares for each common-law “spouse,” says Elena Proskurova.

What is civil marriage, the pros and cons of cohabitation

Cohabitation is an option for a family to live together without officially registering a marriage. In everyday life, this format of relationship is called “civil marriage.” The Constitution of the Russian Federation secures the right to choose for every capable citizen, therefore, whether to “sign” or try to build family relationships on an unofficial basis is an individual decision for everyone.

The pros and cons of marriage without official registration are highlighted.

Pros of marriage:

subconsciously a person feels freedom, not limited by marriage;
any property acquired during the period of cohabitation is personal and is not subject to division upon dissolution of the relationship;
there is time to “get used to” each other in everyday life;
there is no need to go through the divorce procedure in the event of a deterioration in relations that preclude further cohabitation;
there is no legal liability under family law.

In addition to the positive aspects of cohabitation, there are also disadvantages of marriage without registration in the registry office. These include:

living together as cohabitants;
the possibility of concluding a marriage contract is excluded;
the obligation to establish paternity if it is necessary to collect alimony after a breakup;
absence of the concept of “common joint property”;
problems with entering into inheritance rights.

Couples independently determine which marriage is most preferable in a particular case, and it is impossible to unequivocally say that an official union is better or worse than an unofficial one.

You will have to move away from your parents

If you communicate well with your parents, prepare for the fact that you will have to move away from them. From now on, in any difficult situation, you can rely only on yourself and your chosen one, and not on mom and dad.

If your partner liked your parents and managed to make friends with them, you can continue full-fledged communication. If your parents are unhappy with your choice, and your partner does not make contact, then you will communicate much less often.

Even if you now promise yourself that you will never leave your parents, gradually your communication will fade away. Perhaps you will see each other and call each other, but you will no longer be able to return the spiritual closeness that was before.

Responsibility

Marriage is a serious responsibility. Now you are responsible not only for yourself, but also for your partner. You will have many responsibilities. You will have to take care of your chosen one, help his parents, raise children.

What if something happens to your partner? Will you be with him “both in sorrow and in joy,” as you once promised?

Not everyone is capable of carrying such a burden of responsibility on their shoulders. Living for yourself is much more pleasant and simpler.

Many stressful situations

By meeting, you won’t have to resolve a large number of conflict situations. In marriage, everything changes, and stress and various problems manifest themselves more and more often. For example, you need to think about buying a home, plan a budget, and find compromises.

Marriage is the first step into adulthood, for which not everyone is ready. As practice shows, many newlyweds experience serious stress, because they are not ready to deal with so many problems on their own.

Author: Sergey Tumanov

Quarrels are becoming the norm

When partners quarrel at the very beginning of a relationship or find out who is right, it seems that this cannot last long. But in marriage everything is completely different. As a rule, after 3 years, partners begin to quarrel regularly.

At certain moments it may even seem that the partners are too different and there is no point in continuing the relationship. At this moment, everyone should understand that the only solution is a banal dialogue. Misunderstandings over the years turn into a tradition that will end after 10 years of marriage.