The Russian Family Code recognizes only official relationships between family members. The form of cohabitation between a man and a woman who, by mutual consent, created a family, but did not register their union, is commonly called a civil marriage. The law and popular consciousness actually equate such relationships with cohabitation. In such families there are also natural mutual claims of a property and non-property nature, requiring government intervention. In this regard, there is a need to prove cohabitation in a civil marriage.
Signs of a civil marriage
From a scientific and legal point of view, a civil (secular) marriage is a marriage union registered in government bodies that have the appropriate competence, without the participation of the Christian church. In our article, under this term we will consider forms of unregistered cohabitation, which, nevertheless, have actual characteristics of a family.
In practice, in the process of long-term cohabitation under one roof, a certain internal structure is formed, based on the satisfaction of mutual needs, a joint budget is planned, a common household is maintained, property is acquired, children are born and raised, and social ties are jointly maintained. If such signs are present, the union of a man and a woman has the status of unofficial cohabitation.
Legal features of citizens in an unregistered marriage
In accordance with Ch. 3 tbsp. 10 of the Family Code, the state recognizes as legal relations a marriage concluded only in the civil registry office, with mandatory inclusion in the registers. Such registration automatically initiates family legal relations protected by the state. This includes various forms of social protection (inheritance of material and other assets, property rights, collection of alimony, etc.). In an unregistered family, each spouse acts as a free citizen who is not endowed with the rights of an official spouse.
Examples:
- Each of the spouses has only the property for which ownership has been registered (acquired, received as a gift, inherited, etc.) or part of the property in the amount of the contributed share. The legal consequences of the presence of joint property arising in the family are not realized here.
- The joint earnings of spouses living in cohabitation are not recognized as their common budget.
- In the event of a divorce, such spouses do not inherit obligations under credit relations and promissory notes.
- In the event of alienation or seizure of property (apartment, car, etc.) of the husband or wife, the consent of the second spouse is not required, and the partner is not notified.
- In court or during interrogation as part of operational-search activities, one of such spouses is obliged to testify against the husband or wife, since he is not a legal relative of the accused.
In cohabitation, the only rights and obligations that may arise relate to common children: payment of education, allocation of funds for maintenance, payment of alimony. But this requires documentary evidence of maternity and paternity.
What is proof of the existence of a civil marriage?
The fact of living in an unofficial, civil marriage can be confirmed either by documents or by testimony.
Witness testimony
Relatives of one or both defendants, neighbors, school teachers, medical staff serving family members, colleagues, law enforcement officers (precinct or KMDN inspector), housing office or public employees, and out-of-school education teachers can prove cohabitation in a civil marriage.
Evidence of joint farming
The list of documentary evidence to prove a civil marriage is unlimited. This could be a joint bank account, travel packages, paternity documents, joint rental agreements, hospital bills, personal correspondence, etc.
This may also include testimony about joint purchases, repairs of vehicles or real estate, and farming.
Birth of a child
A joint child is one of the most important confirmations of a successful civil marriage. The court establishes parental rights in two ways: if the spouse provides a record from the registry office, where he appears as the father on the child’s birth certificate. The second way is to undergo a court-ordered genetic examination to establish the fact of biological paternity. The refusal to undergo an examination is interpreted in favor of a decision to recognize such a man as the father.
Why should a civil marriage be recognized as legal?
As a rule, even the fact of unregistered family relations proven in court does not give rise to any legal consequences. However, proof of this status is resorted to when establishing the fact of paternity (in addition to the data of a DNA examination, and also if it has not been carried out). Another case is the establishment of the right to inherit property and resolve property disputes (within the framework of standard civil law relations).
Recognition of a civil marriage is required:
- when collecting alimony;
- determining in court the mode of communication with children after the relationship between parents has ended;
- resolving the issue of lifting the ban on traveling outside Russia for a child.
This is also relevant in the case of a child’s acquisition of citizenship.
To receive alimony
Proving cohabitation in a civil marriage can be important when resolving issues of alimony. The procedure for filing a claim for persons in such a relationship is complicated by establishing paternity. The fact of biological relationship must be proven in court (Article 49 of the RF IC) or voluntarily recognized by the father and documented (Article 48 of the RF IC).
The imposition of penalties in favor of a child born in cohabitation is no different from this procedure in relation to children born into an official family, as directly stated in Art. 53 of the Family Code. Payments of alimony to a pregnant mother, a disabled former spouse and additional alimony (Article 86 of the RF IC), for example, for housing, are excluded in cohabitation.
To receive an inheritance
Sometimes, when deciding on the issue of inheritance in the event of the death of a spouse or during a divorce, persons who were in an informal relationship turn to the Supreme Court to recognize the civil marriage as legal. Then the legal consequences of such a decision begin.
Entry into inheritance after the death of one of the spouses who were in a civil marriage is possible for the remaining members of such a family if:
- the deceased has drawn up an appropriate will;
- the survivor is officially recognized as a dependent in accordance with Art. 1148 Civil Code of the Russian Federation;
- the family has a common child, and paternity has been established and officially registered.
In this case, the child acts as the heir of the first priority, which allows civil marriage to be recognized as a legal reason for entering into inheritance.
For the division of common property
It is almost impossible to prove that cohabitants have equal rights to property acquired by the family. The most convenient solution for both parties would be an amicable agreement between the interested parties or the provision of documents confirming their shared participation in the acquisition of property.
If an agreement on shared participation has not been drawn up, you can try to defend property rights in court by providing supporting documents that allow you to prove jointly acquired property in a civil marriage. These can be sales receipts, receipts, purchase and sale agreements indicating who contributed what amount. The subsequent division of such property occurs in accordance with the provisions of Art. 252 of the Civil Code of the Russian Federation.
Sample certificate of cohabitation
The document on marital status represents a series of certificates that are filled out using special forms. This paper contains all the necessary details about who it was issued to, indicating the initials and a detailed description of the marital status of a particular individual.
Where to get it and how to apply correctly
Not all families have citizens who lead a law-abiding lifestyle. If one of the spouses is sentenced to imprisonment and ends up in a colony or prison, his relatives have the right to request visits from the heads of these institutions. This category of persons also includes the legal spouses of convicted persons. For meetings with a common-law spouse, a certificate of civil marriage with a sample is required.
The number of such meetings depends on the place of detention of the citizen and the severity of his punishment. For example, if a common-law husband is kept in a general regime colony, he is entitled to 6 short-term and long-term meetings. But if a strict regime is established, then only 2 of each type.
In the first case, visits are limited to 4 hours, and in the second – 3 days, with the possibility of living with the convicted person in a special room. Also, long meetings are allowed for 5 days if they are held outside the correctional institution. But in any case, only the head of the colony determines the place and procedure for a long meeting.
Sample certificate of cohabitation for a colony
Contents Given (full name), date of birth, living at the address (address where registered), passport data (passport number, when and by whom it was issued), that she lived in a civil marriage with (full name, year of birth), during the period from (month, year) to (month, year) at the address: (your residential address).
The certificate is given for presentation to (name of the FSIN institution) The fact of cohabitation (full name) and (full name) is confirmed by (neighbors): 1. Signature, transcript of signature, apartment number 2. In the event that employees of the organization issuing the certificate do not consider the certificate about divorce (death of a spouse) with sufficient evidence, arguing for the possibility of entering into a new marriage later, then it is worth going to a notary. A statement of the absence of a spouse, certified by a notary, has legal force and confirms the absence of a registered relationship. But, of course, you will have to pay for this document.
If the application is submitted by a representative on behalf of a citizen under a power of attorney, then this power of attorney, certified by a notary, should also be attached to the package of documents. In addition to the documents themselves, copies will be useful to speed up and simplify the process. If documents need to be certified by a notary, it is better to do this in advance.
Sample application for issuing a certificate
Firstly, to marry a citizen of another country. According to the legislation of some countries, relationships may be refused to be registered if there is no evidence of the absence of marriage ties previously concluded under the laws of another country. A certificate of absence of marriage registration will be required in any country, regardless of whether both people wishing to get married are citizens of the Russian Federation or just one. It will be needed by representatives of the authorities of another country involved in the official registration of marriages, and will serve as the basis for allowing the marriage to take place. Such requirements are imposed on those wishing to get married in accordance with the laws of another state to exclude possible polygamy or polyandry, which, most often, does not comply with the laws of many countries.
9.1. It says: such and such (full name, year of birth) according to the household (apartment) book No. personal account no. lived together and ran a common household with so-and-so (full name, year of birth) during the period from. By. (dates). The certificate number, date of issue, type, stamp are indicated. You can take it from any housing department where you can make an agreement. Then make several photocopies of this certificate, have them certified by a notary, and issue them upon request. It's better to keep the original. (just in case).
If none of the methods for obtaining a certificate are successful, you can try again to contact the authorities of the place of deprivation of liberty. It is better to draw up a written petition in which you politely ask for a long meeting with the prisoner. Claims, threats and demands should not be contained in the petition. It would also be a good idea to immediately collect all other required information:
Why do they ask for a certificate of civil marriage for a visit in prison?
5.1. Elvira, in different colonies the requirements are somewhat different depending on the situation. You need to call the administration of the colony to find out what is needed so that there are no misunderstandings later. Here is the main list of documents 1. Certificate from a gynecologist. 2. Blood for RW and HIV. 3. Certificate from a dermatologist. 4. Fluorography. This is valid for 10 days. -And another certificate from the SES, which is valid for only 1 day. -Marriage certificate (for common-law wives, a certificate from the Housing Office) -Identity document Good luck.
May 14, 2021 gmurist 136
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How to prove a civil marriage in court
In Russia, it is impossible to recognize a civil marriage as legal. But the proven fact of family relations is sometimes taken into account when deciding whether to maintain the right of residence. This is relevant if after such a relationship one of the spouses has a child. Recognition helps to recover part of the funds spent on common property and housekeeping (if there is an evidence base), as well as loan debts with a joint loan.
For evidence, the court is provided with witness statements or documents confirming joint expenses and running a joint household.
Claim for recognition of a civil marriage
An application to establish the fact of residence as one family and recognition of a civil marriage as legal must contain an indication of the purpose for which such a fact is established. Usually this is either “confirmation of ownership of part of the property” or “realization of inheritance rights.”
There is no separate form of claim for recognition of cohabitation as marriage. You can file a claim in court to establish a fact of legal significance. This may occur in disputes over property rights. The procedure for drawing up such a document is described in Art. 256-267 Code of Civil Procedure of the Russian Federation.
Collection of evidence
Collection of evidence when going to court comes down to confirmation by any facts indicating long-term cohabitation, in which the interests of the cohabitants were mutually satisfied and a common household was maintained. The most indisputable evidence is the common children born in an unregistered family. An important point is the testimony of third parties confirming the family relationship between the plaintiff and the defendant.
Evidence of family relationships provided to the court must cover the longest possible period and indicate specifically the joint actions at this time. This could include certificates of family composition, registration documents, joint contractual obligations to purchase property. Photographic documents and correspondence should indirectly indicate the nature of the relationship between a particular man and woman.
Long date with common-law husband
Will they let me go on a date with my common-law husband in the pre-trial detention center? We haven’t made any appointments, but we have permission from the investigator.
Of course, they will let you in if they haven’t signed up, this is not a civil marriage, but FORMINATION, so you know, or as people say, cohabitation. You can even go on a long date after committing such a crime. If you have any questions, you can consult for free via chat with a lawyer at the bottom of the screen or call by phone (consultation is free), we work around the clock.
otvet.mail.ru question 72720826 Date in a pre-trial detention center Answers to questions July. Permission from the investigator? They'll probably let me in, in my opinion. They will let you in for a short term, but for a long term you need a certificate of cohabitation for at least 2 years. A date with a correspondence student. Published by admin in SB, 01 15 2011 - 19 42. Complete injuries.
Recognition of civil marriage as legal: judicial practice
Alas, Russian judicial practice does not allow civil marriage to be recognized as legal, and property issues of members of such families are resolved on a general basis. The heirs are the direct relatives of the spouse who owns the property, and recovery of amounts voluntarily spent on the needs of the family that are not documented is impossible.
Examples can be found in cases already considered by the court. For example, case No. 2-2159/2019 on a claim for the recovery of unjust enrichment. During the court hearing, the Supreme Court considered the claim of Maksyutov S.G. against Leonova N.N. for the return of the amount spent by the plaintiff on the acquisition and renovation of joint housing on a plot with cadastral number 50:31:0020102:13.
The rights to this land plot in accordance with the purchase and sale agreement belong to Leonova. It was she who, under the terms of the relevant agreement, paid the seller 2,698,000 rubles.
When Maksukov stopped cohabiting with Leonova, he demanded that she return the funds he spent in the amount of 9,400,000 rubles, of which expenses amounted to 6 million rubles. documented. The plaintiff believes that for Leonova this money is unjust enrichment.
Since, according to the law, cohabitants do not have mutual obligations and do not have joint rights to property, and Maksukov knew about this, the court recognized Maksukov’s expenses as voluntary and not subject to recovery, leaving the claim unsatisfied. Basis - clause 4 of Art. 1109 of the Civil Code of the Russian Federation.
Such a family union can be recognized in court if it was concluded before 1944, or if the legal norms of another country are applicable to the family, allowing for the possibility of official recognition of cohabitation.
Registration of marriage with a convicted person in 2021
From this article you will learn what difficulties await you when registering a marriage with a convicted or under investigation person. You will also find out how much money you will have to pay, the amounts will be much higher.
Registration procedure
If a prisoner or convict wants to get married, he will have to follow the rules:
- He must fill out part of the application in the presence of a notary. To invite him to a colony or pre-trial detention center, obtain permission from the head of this institution.
After the notary certifies the documents, the application is transferred to the second spouse. The newlyweds pay for notary services and state fees themselves, the total amount is 3000-5000 rubles. - Only after this the bride contacts the registry office to receive a form in her name. This rule is established in Order of the Ministry of Justice of the Russian Federation No. 189. The form can also be obtained from the head of the colony if the desire to marry came from a prisoner.
- The wedding procedure itself will take place in a separate room on the territory of a prison or pre-trial detention center. The second spouse and the notary need to get a pass, otherwise the security will not let them through.
- Remember that you will not be able to invite guests , since this is a closed establishment with strict control and access control. In exceptional cases, it is allowed to invite two guests. The procedure itself lasts 15-30 minutes. Remember that rings and other metal objects are prohibited from being worn in prison.
- If the bride or groom is serving a sentence in a punishment cell, then the wedding date will have to be postponed. After registering the marriage, the leadership of the colony or pre-trial detention center gives the prisoner a visit for one day.
What documents are needed
Do not forget to take documents with you, it is advisable to also have copies of them:
- The most important thing, of course, is to take the passports of the bride and groom.
- You can also take a divorce certificate if one of the newlyweds was previously in an official relationship.
- If you come from another city for more than 3 days, then you may need temporary registration. Other similar documents, such as hotel receipts, are also suitable.
- If the bride or groom is under 18 years of age, then you need to take a marriage license with you. It is usually issued by the city administration.
- Marriages between citizens of different countries are often registered in prisons. In this case, you need to take documents with a notarized translation.
- In addition, you will have to pay a state fee of 350 rubles, and this will need to be done through a regular bank. With the form that the cashier will issue, you need to come to the colony or pre-trial detention center and show the documents to the chief. Otherwise, nothing will work out at all and you will have to go back. You'll be lucky if there's a branch nearby, but most often the colonies are located far from the city.
In general, be prepared for increased inspection and control at all stages. You can meet the notary in advance and come with him in the same car. This will be more convenient so as not to waste extra time.
Dismissal after marriage to a convicted person
There are often cases when employees who work in a colony fall in love with prisoners and want to start a family with them. This is allowed, but you will also have to obtain permission from the administration and the head of the correctional institution.
The other day, an employee who works as an assistant to the governor said that she wants to go to prison to see a man with whom she has been corresponding for 2 years.
I was wondering if it would be possible for her to register the relationship. She was also very worried about whether she might be banned from work or fired after the wedding.
We explained that there are no restrictions in the law on marrying prisoners. The employer also does not have the right to fire.
Recently they asked whether it was possible to hide from the employer the fact that there was a wedding with a prisoner. If you did not take his last name and did not change his passport, then there is no need to tell everyone about it. Of course, if management makes appropriate requests, then everything will be revealed. Ask for a vacation at your own expense or a weekend, one week will be enough.
Be careful: companies are now checking all relatives for criminal records.
Of course, for this reason the director will not refuse you a job, but will say that you do not have enough skills and experience. No matter how sad it is, no one understands why exactly your spouse is imprisoned, whether the investigation was carried out correctly, and so on. There are a lot of candidates for any job, especially during a crisis, they will always find a replacement for you.
There was recently a story with a woman from the Krasnodar region; she worked in a pension fund. I also decided to marry a man who was serving a sentence in a colony not far from the city. She had only 6 months left before retirement. As a result, immediately after the wedding, management found out and fired her. Now the pension is 3 times less than it should have been. Think in advance whether you are ready to take such risks.
Recommendations
Take extra money with you just in case if you need to have any other documents certified.
And of course, remember that you do not have access to the Internet and the government services website. In addition, it will not be possible to carry out an accelerated procedure without prior approval from the leadership of the colony.
Remember an important point: if you register a relationship with a convicted person, this may cause problems in the future for you and your children. Most likely, you won’t be able to get a job in the civil service, banks or other large companies.
All of these institutions have a security detail that screens candidates and their spouses. Children may not be accepted for military service under contract if such a desire arises.
Most often they agree to such an alliance in order to make it easier to get dates. In addition, such a marriage will give the second spouse the right not to testify against the convicted person, since they will be related. And according to the law, you have the right not to testify against close relatives.
Some people are worried about whether it is possible to formalize a relationship at a location other than their place of registration. It’s possible, there are no prohibitions in this regard. In addition, colonies are located throughout the country and the likelihood that your chosen one will serve his sentence near your home is minimal.
There are stories when citizens from other countries, for example from Ukraine or Belarus, are serving sentences in Russia.
In this case, registering a marriage with a convicted person will be even more difficult, since there will actually be a marriage with a foreigner. In addition to certification of documents by a notary, you will have to contact the consulate and have the certificates certified by them.
You also need to obtain a document that guarantees that your chosen one has not previously been in a relationship with another woman.
If you still manage to agree on a long date after the wedding, then you may be given 1 or 3 days in a separate room. Don't forget to take your clothes, bedding, and hygiene products with you.
One girl asked what would happen if she married a convict who has another 5 years to serve. At the same time, she wants to buy an apartment and a car at this time, since she has a good job.
But she is concerned whether this property will be considered jointly acquired and whether it will be divided during a divorce. It is impossible to give a definite answer here, most likely it will be.
Especially if the prisoner transfers his salary to her, and all this will be documented.
Another difficulty on the path to marriage can be an old, damaged or lost passport. And this happens very often. You will have to somehow restore the documents, write a request to the management of the colony or pre-trial detention center.
In practice, there were cases when a man wanted to marry two girls at the same time. They came to him one by one, sent parcels, wrote letters. He managed to register a marriage with one of them, but with the other he failed. They demanded from him a certificate of divorce from his previous marriage, but of course there was none.
If property, such as an apartment or car, was purchased before marriage, then your spouse does not have any rights to them. In case of divorce or after leaving the colony, he will not be able to sell them.
Be sure to download:
Sample application for marriage registrationSample receipt for payment of state duty
Source: https://zakonznaem.ru/semeinoe/brak/registraciya-osuzhdenniy.html
What to do in case of refusal to recognize a marriage
In practice, 99% of cases considered by courts for the recognition of civil marriages end in refusal. The only reasonable solution is to register the relationship in the manner established in Russia, through the civil registry office. The family automatically falls under state protection in accordance with the provisions of the Family Code.
Otherwise, the resolution of all material and non-material issues for persons in informal cohabitation takes place within the framework of civil law relations for each member of such a family - individually.
Certificate of absence of marriage
A certificate of non-marriage can be obtained through State Services, in this case the certificate is also issued by the registry office at the place of registration, but the application can be submitted online. To do this, it is enough to have a confirmed account with government services and Internet access. You can receive the completed certificate in person at the registry office; in some regions of Russia, it is possible to receive the completed document by mail. A convenient option for those who are in another city and cannot personally visit the registry office.
A certificate of absence from marriage in Russia proves that you are not currently in a registered marriage. This certificate is also called a certificate of non-marriage, a certificate of unmarriage, a certificate of no obstacles to marriage, a certificate of absence of marriage registration, but the official name in Russia is a certificate of the absence of state registration of marriage.
