Civil marriage and official marriage: what is it and how do they differ?

Official marriage today has become less of a prerequisite for a man and a woman to live together than it was some time ago. That is why the concept of “civil marriage” has become especially popular.

It is often understood as cohabitation, and not everyone knows how official marriage differs from civil marriage. There are both obvious differences and those that are worth considering.

What is cohabitation between a man and a woman?

Official marriage relations are registered with the Civil Registry Office.
However, today not all couples seek to formalize a union. It is fashionable to call living together without registering a union a civil marriage, but this term is not entirely appropriate. From a legal point of view, it is correct to call it cohabitation. It is this concept that fully reflects all the features of such relationships.

Definition

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

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

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

The differences between a registered and unregistered union are obvious. In addition to psychological nuances, there are many legal ones. Today, cohabitants do not have the same rights in relation to each other that legal spouses have. However, there are no obligations provided for by the RF IC and other legal acts.

Differences in the procedure for registering marriage relations

Upon entering into a legal relationship, spouses receive a marriage registration certificate. It is this document that confirms the status of the spouses. For cohabitation, no supporting documents are required. However, at any time you can come to the registry office and submit applications to register the union. In this case there will be no differences from the standard wedding procedure.

Differences in legal rights of spouses

There is a huge difference in the rights of spouses and those who live together but are not legally married.

The difference is that, unlike spouses, cohabitants do not have the right to:

• inherit after each other, while the husband and wife are the heirs of the first priority by law;
• raise the issue of dividing property in the event of separation, like spouses during a divorce;
• claim joint property in the sense in which it applies to husband and wife;
• prohibit each other from making transactions, since consent, as in the case of property acquired during marriage, is not required, etc.

The legal differences between marriage and cohabitation are clear. The lack of registration of relationships does not allow them to be fully realized.

Differences in the responsibilities of spouses

In addition to the difference in rights and opportunities, there is also a significant difference in the performance of duties.

If persons are not in an official union, then they are not obliged to each other:

• obtain permission from a partner when alienating property;
• provide financial support in cases provided for spouses, etc.

Expert opinion

Maria Lokshina

Family law expert since 2010

However, this does not mean that cohabitants have no responsibilities towards their common children. If one of the partners demands payment from the other - alimony in favor of a minor, then no one will relieve this obligation.

Legislative aspects of registration of relations

In Russia, both civil and officially registered marriages are regulated by legislative acts. An official marriage union falls under the scope of the country's Family Law. It determines the basic subtleties of family relationships, emerging rights and obligations.

The union of a man and a woman without official registration is regulated by the norms of civil relations. The rights and obligations provided for by the Family Code do not apply to civil marriage. For example, in a legal marriage, each spouse has personal and property rights and rights in relation to children. Cohabitation does not provide for the emergence of such rights. In addition, common-law spouses cannot enter into a marriage contract.

For example, officially unregistered cohabitation does not provide for the emergence of responsibilities provided for by an official family. Young people feel more free, preferring this form of relationship.

Another advantage of an unregistered union is the quick and hassle-free procedure for separation in the event of insurmountable disagreements. While the divorce procedure in an officially registered family is lengthy and will require good moral stability from both spouses. Some couples are trying to improve their relationship after going through a difficult divorce process.

Is a civil marriage equal to an official one under the Family Code of the Russian Federation?

According to the RF IC, today only registered relationships are considered marriage. The legislation does not equate cohabitation with all the ensuing legal consequences.

Proposals are periodically made to equate cohabitation for 5 years or more to an officially registered marriage. But today there is no corresponding bill, so a civil marriage is definitely not equal to an official one.

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Inheritance rights

If there is an officially registered relationship, the husband and wife will be the heirs of the 1st stage in the event of the death of one of them. In this case, a will will not be required. All property of the deceased will be divided equally among the closest relatives. If there are none, then the widower becomes the sole owner.

But there are cases when a testamentary document is drawn up, but the widower is not named in it. Then the living spouse may be left with nothing, which is the reason for long legal proceedings with the heirs.

In the absence of a stamp in the passport, it is possible to obtain the property of a deceased spouse only if the former cohabitant is indicated in the will. In its absence, the common-law spouse has virtually no chance of receiving property. According to the law, common-law spouses are in the 4th line of inheritance (after children, parents, siblings). A similar rule applies to children whose paternity has not been established.

What is better: a regular marriage or an informal cohabitation?

It is impossible to unequivocally answer the question about the advantages of each form of living and building relationships in a couple. Today, many people are choosing to cohabitate. This is due to a change in views towards the institution of marriage, the ease of building new relationships after a breakup, etc.

However, entering into a family union somewhat protects partners in the event of relationship dissolution. In this case, there are many legal instruments that are not applicable in a cohabitation situation.

From a moral and social point of view, today there is no such vehement condemnation of cohabitation as there was several decades ago.

However, in many regions of the country even today marriage is the only acceptable form of residence for a man and a woman. That is why all the advantages and disadvantages of each option are relative.

Historical significance of civil marriage

On the territory of Russia, the concept of civil marriage appeared in December 1917, the year the church lost its powerful influence on the state structure.

A special regulation was created that regulated relations between people based not on church norms, but on secular ones.

After the final adoption of the legislative regulations, this type of marriage became the only legal one and was completely separated from the church one.

All those relationships that were registered in the marriage and birth registration departments of the councils gave certain rights and responsibilities to the spouses.

If a couple got married in a church, even in compliance with all religious canons, such relationships had no legal force and were not endowed with any state privileges. Moreover, such a union was still called marriage.

Around the same time, the concept of “de facto marital relations” was introduced into legislation . In order for them to become a civil marriage, it was enough for a man and a woman to share a bed and run a joint household.

In the current Family Code and the Code on Marriage and Family, the concept of “cohabitation” is used instead of this term.

How to formalize paternity on a child’s birth certificate without marriage?

If the spouses have registered the relationship, then the question of establishing the paternity of the child does not arise in the standard case. To obtain a child’s birth certificate, it is sufficient for only one parent to appear at the registry office. No document establishing paternity is issued.

If the couple has not registered the relationship, the procedure for obtaining documents for the child looks different and consists of several steps:

1. the presence of both parents is mandatory if the man agrees to acknowledge paternity;
2. confirmation of the position regarding the indication of the father in the appropriate column. If a man does not agree, he may simply not appear at the registry office, and in this case the “father” column in the child’s birth certificate will be empty.

With the consent of the father, his name is included in the birth certificate and a special document provided in the absence of an officially registered marriage.

It is worth noting that regardless of the formalization of the union, the responsibilities of parents towards their children do not differ.

Child in a registered and unregistered family

After the birth of a child in an officially registered family, spouses become parents with all the ensuing rights and obligations. They are both obliged to raise, support, educate the child, and take part in his life. In case of divorce, the rights and obligations regarding the offspring do not disappear. A parent left without children is obliged to provide financial support until they reach adulthood.

If a child was born in a civil marriage, then the father, in order to obtain rights to the child, will have to recognize him in court and do a DNA test. The disadvantage of having children in unregistered families is that if the man refuses to be tested, paternity will not be established. The mother will have to “raise” the children alone, educate and raise them.

At the same time, a man who refuses to acknowledge paternity has no rights in relation to children. He will not be able to be their heir, represent their interests, or participate in their upbringing and education.

The moral side of the question: is it possible to live a family life without registering a marriage?

In all common beliefs, living together between a man and a woman without consolidating a relationship is not welcomed or directly condemned.
Although from the point of view of faith, it is the religious rite that is important, but modern church ministers condemn living without official registration of marriage.

Cohabitation is recognized as a sinful form of relationship, despite its popularity today.

From the point of view of public morality, the attitude towards this form of union has changed greatly. During the Soviet era, it was unacceptable and actively condemned by society, but today in most parts of the country it does not cause a violent reaction.

Differences between official and civil unions

There are a number of differences between an ordinary cohabitation of partners and an officially registered family. Each form of marriage has its own advantages and disadvantages.

The main ones are presented in the table.

Legal significance of de facto marital relations

It is possible that soon actual residence for a certain number of years will be equated to marriage. However, today this is not the case. That is why cohabitants do not have the corresponding rights and responsibilities that legal spouses have. This is one of the disadvantages in certain cases.

Thus, it is possible to formalize family relationships or simply live together. Today, both options exist, and each couple chooses the most convenient for themselves. However, there is a huge difference between the legal rights and responsibilities of married and non-married partners.

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Pros and cons of cohabitation

Having considered the pros and cons of official marriage, we can look at the second option in more detail. Currently, the majority of young people and established 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 pregnancy planning. Child care benefits are paid to officially employed women giving birth. However, its size will be only 40% of wages. This amount is catastrophically insufficient to support a mother and child. Therefore, having 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 other half. A man cannot demand rights to living space, a car, other property purchased during the period of marriage, wages and other income of a woman if it is all registered in her name.

The time spent living together can be considered a trial period. By getting to know each other better and studying everyday 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 an official one in its name, the presence/absence of a stamp in the passport and a number of property rights and obligations. Having understood the terminology, you can note the pros and cons of both cohabitation and official marriage. However, the decision to register a union or live together without a stamp must be made by the individual couple.

Legal consequences of actual marriage

From the outside, both unions are perceived as a family. Cohabitees, like legal spouses, can have children that they raise together. The difference between these types of marriage is more legal than everyday.

A registered marriage presupposes that the spouses enter into certain legal relationships, namely:

• All property acquired during the existence of a marriage is recognized as common property. It does not matter, in this case, to whom the ownership is registered;
• To conclude a transaction on common property by one of the spouses, the written consent of the other spouse certified by a notary is required. Otherwise, the transaction may be declared invalid;
• First line of inheritance;
• Debts, like property, are also recognized as common;
• In the event of a divorce, the spouse left without housing has the right to live for some time in the premises of the spouse provided with living space.

The established rules may not apply if a marriage contract is drawn up that regulates property issues.

When the union is de facto, the cohabitants are not responsible for each other’s debts and do not undertake to account for the property registered in their name to the partner. Naturally, we are not even talking about the first line of inheritance. However, children born in an unregistered marriage still inherit the property of their parents, and in their other rights they are equal to legitimate children.

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State benefits do not apply to cohabitants, and banks are in no hurry to issue them loans (a legalized union inspires more confidence among creditors than an actual marriage relationship).

Most often, actual marriage attracts young people who want to try themselves in family life, planning to register their relationship in the future. This is a so-called trial union, because such actual marital relations have no legal significance.

Sometimes mature people who were previously in an unsuccessful marriage and have lost trust in them enter into informal relationships. This is a repeat marriage. Only a small proportion of citizens are ardent opponents of a stamp in their passport, who consider formalizing relationships to be a waste of time. It is precisely such a case that can be defined as cohabitation in its pure form.

Since actual marriage is not recognized by law, the legal relations of the couple are regulated not by the Family Code, but by the Civil Code. In this regard, citizens face difficulties when resolving various issues. Let's consider the difference between a legal union and an illegal one in terms of aspects of family life.

Birth of a child

According to the legislation of the Russian Federation, a child born in an unofficial marriage has the same rights as children born to a registered couple. However, there are a number of nuances that his parents should take into account.

When a child is born in a civil marriage, the law defines the mother as the only parent. To register the father of a child, a special form has been introduced, which requires the presence of both parents at the registry office. The father writes a paternity statement. If he does not do this, then the mother will have the status of a single mother. According to Article 48 of the Family Code of the Russian Federation, the fact of paternity is proven through the court.

In the case of a registered relationship, the mother registers the child with her husband without the parent’s application. If a civil marriage breaks down, the child’s place of residence is determined by agreement. If agreement cannot be reached, the decision is made by the court. In this case, the same rules of Family Law apply as in the case of a divorce of an official couple.

The registration of child support in the event of a break in a de facto marriage also differs. This is possible only after the court recognizes the fact of paternity. If the parents were in an official relationship, this procedure is easier.

The property rights of spouses without a stamp in their passport are not protected by the Family Code. Proving the fact of jointly acquired property is possible only through the court. In this case, the relations of the spouses will be regulated on the basis of the Civil Code.

All common property of civil spouses is divided according to contractual relations. If a home or car was purchased during a de facto marriage, but is registered in the name of one spouse, it legally belongs only to him. It will be difficult to prove the fact that another family member participated in the purchase.

When making property transactions, unregistered spouses should register shared ownership. As you know, the official spouse can only complete transactions for the sale of housing with the consent of the other half. In the case of civil relations, property is taken away without the consent of another family member.

In practice, it is difficult to prove the fact of common ownership. We need evidence of joint purchases and common life. In this case, the property is not divided in half, but according to the contribution of each spouse. Sometimes court proceedings on the division of marital property last for years. To prove shared ownership in court you must present:

• checks and receipts for purchases;
• correspondence on paper or electronic media, which confirms the share acquisition by the defendant himself;
• testimony from neighbors, friends or relatives.

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Thus, the difference between the property relations of actual and legal spouses is enormous. The insecurity of the former is one of the reasons that forces people to consolidate their relationships in the registry office.

Responsibility for paying off debts in an official marriage lies equally with both spouses. When collecting a debt that was taken out before marriage, the property of the spouse acquired before marriage and half of the joint property are subject to confiscation. In a civil union, all property located on the debtor’s living space is confiscated to pay off the debt.

This means that the common-law spouse may lose all common valuables and personal belongings, the right to ownership of which he cannot prove. An unregistered marriage does not provide for joint debt payments. If, for example, a mortgage was taken out during cohabitation, the spouse for whom it was issued is obligated to pay it.

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 scheduled?” In addition, after going through the registration procedure, lovers often begin to feel even more responsible for each other, and the treasured stamp becomes an additional guarantee of the strength and longevity of the relationship.

From the point of view 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 separation it will remain the property of the person in whose name it is registered.

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

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 payments.

Unofficial relationships, unfortunately, sometimes lead to a man refusing to acknowledge paternity in order to avoid paying alimony. There is a need to prove paternity in court.

Debts

An official marriage means not only shared income, but also joint debts. If, for example, we are talking about loans, then the spouses have the same responsibility for their payments.

Each of the cohabitants can only rely on themselves. If a common-law spouse refuses to help pay a 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 an 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: 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 the 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.

What are the positive aspects of cohabitation?

Based on the provisions of practice, unofficial marriage also has its own special advantages. The main ones are:

1. Partners can get to know each other better. The candy-bouquet period ends quite quickly, and everyday life begins. If you live together before formalizing your relationship, you can not only get acquainted with the habits of your partner, but also give a unique assessment of whether it is realistic to live with this person for the rest of your days.
2. With such a union, you can save the family budget, since holding a wedding ceremony is always a significant expense. The young couple understands this point better than anyone else, since not everyone has a stable salary.
3. Having personal freedom. Informal relationships are the key to the freedom of each partner. If such a relationship comes to a logical conclusion, no special difficulties can arise - no one needs to go to the courts to sort it out or present any evidence.
4. The most important advantage of cohabitation is the following - if the partners love each other, the stamp in the passport does not matter much to them.

This is interesting: A marriage is dissolved in court if

Inheritance

In a civil marriage, cohabitants do not inherit from each other. They are not included in any of the lines of legal heirs and can receive an inheritance from the deceased spouse only if he made a will during his lifetime and included his cohabitant or cohabitant in it.

In a registered marriage, after the death of one of the spouses, the surviving spouse receives half of the joint property - the marital share, as well as part of his inheritance from the second half of the joint property, as well as the private property of the deceased spouse. The spouse, along with the parents of the deceased and his children, is included in the first place as legal heirs.

Conclusion

So, which is better, civil/official marriage or cohabitation? Let us once again summarize the main differences between such unions from each other:

Being in an official marriage, spouses have much more rights and guarantees, and can also resolve all conflicts and disagreements at the state level.

Children who were born in a legal marriage have all the privileges. Even in the event of divorce, one of the parents will be obliged to provide financially for the child until his 18th birthday.

When people simply cohabit, the family code does not apply to them and it becomes impossible to assign certain marital obligations to the spouses.

Unofficial spouses and their children often become financially vulnerable due to the fact that the couple approached the creation of a marriage union without due responsibility.

In addition, these types of “marriages” are considered very unstable and often end unsuccessfully.