Division of property in a civil marriage
An unregistered family union, colloquially referred to as a “civil marriage”, but which is not one, is correctly called cohabitation, not protected by law.
In such a union there are no property rights and obligations. The relationship between the parties is regulated not by the family code, but by the civil code. Concluding a marriage contract for an unofficial couple is also impossible.
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Why is this being done?
According to official data, in 2021 the minimum number of marriages in 20 years was registered. Many Russians, as well as citizens of other countries, do not consider it necessary to officially register a marriage and have a stamp in their passport.
Official surveys in our country have shown that many people do not see the difference between a civil marriage and an official one.
The author of the initiative, the person who proposed this bill for consideration, Anton Belyakov, believes that a civil marriage puts the participants in the relationship in a vulnerable position, since from the point of view of the law, cohabitation does not exist, and therefore there can be no legal consequences. Anton Belyakov is confident that the state should recognize civil marriage as official and protect the participants in the relationship. The first step for this could be the “legal regime of marital property.”
Father's rights to a child in an informal union
It doesn’t matter whether a child is conceived in an officially registered marriage or not, its legal status cannot be changed. What are the rights of a father to a child in a civil marriage?
- The right to give the child his last name, without taking into account the fact whether he has confirmed his paternity or not. Thus, for a common-law wife, there is a need for two documents: confirmation of paternity, and transfer of the surname to the child.
- The right to unlimited communication with your offspring.
- The right to allow or refuse a child’s departure from the Russian Federation.
- The right to allow or refuse to change a child’s surname at the will of the mother. In addition, the father has the right to receive information about his children from various educational and other institutions.
Thus, in the Family Code of the Russian Federation, the rights of a father to a child in a civil marriage are quite clearly stated.
It is useful to read an article about who a child stays with during a divorce in an official marriage and how to leave a child with his father during a divorce.
Russia will abolish civil marriages with a special law
Senator Anton Belyakov came up with such a high-profile initiative this week . According to the bill he submitted to the State Duma, to recognize a marriage, it is enough to live together for five years, and if there is a common child, two years.
According to statistics, about 40% of spouses now live in unregistered marriages in Russia. And when parting, problems often arise due to the division of jointly acquired property.
Thus, the famous lawyer Alexander Dobrovinsky , who has repeatedly dealt with divorces of “stars” and VIP celebrities, has been actively advocating for several years now that civil marriage is equal to official marriage. He, in particular, was the lawyer Yulia Baranovskaya , who broke up with the highly paid football player Andrei Arshavin. Baranovskaya and Arshavin lived in a civil marriage for seven years, the couple had three children. But when they separated, there was no division of property. “Yulia was left on the street with three children. Now, if the law that I advocated were introduced, everything would be divided in half,” Dobrovinsky said in an interview.
Oddly enough, it was the representatives of the fair sex who spoke out most actively against the bill - precisely designed, it would seem, to protect women's rights. Women deputies, lawyers, and TV presenters spoke sharply negatively.
Is it necessary?
On the one hand, sometimes people really are not legally protected if problems arise during a civil marriage. Such a law will help protect the rights of women (or men).
On the other hand, there is an official marriage. People may not marry according to their personal wishes. Why force them to do this? If a man does not want to marry a woman, will he really want to be automatically assigned the status of a husband? He will simply leave the woman. This, of course, can be a plus - one of the cohabitants will not be fooled. But what is all this for? Isn't this a violation of citizens' freedoms?
It is not yet known whether this bill will pass. Everything is as usual: wait and see.
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What is an official marriage, according to the Family Code of the Russian Federation
According to paragraph 2 of Article 1 of the Family Code of the Russian Federation, a marriage is considered official if it is registered with the civil registry office. Even a wedding in a church or long-term living in the same living space with mad love is not recognized as an official union.
In most cases, women insist on formal relationships. Men, on the other hand, believe that a stamp in a passport is not necessary.
Women say that official relationships guarantee stability, calm, moral support, and confidence in the future.
From a legal point of view, official marriage has the following advantages:
- property acquired during an official marriage is divided in half upon divorce;
- husband and wife are each other's heirs;
- during periods of incapacity, husband and wife support each other;
- Parental rights and responsibilities remain even after divorce.
Rules for registering marriage in 2021: marriage with an open date
Progress covers all areas of our lives, and legislation is no exception. From October 1, 2021, the rules for registering marriage will change in the Russian Federation. The bride and groom will be able independently choose the date of the ceremony, provided that it is no earlier than a month and no later than a year from the date of submission of the application. You can find out what pros and cons await us thanks to this innovation from this article.
- Documentation
- Deadlines and method of submission
- Major changes
Documentation
It should be noted right away that the package of documents for registering a marriage will remain the same . Yulia Kazakova, head of the wedding agency July Event Fr.
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Wedding agency “Caramel”
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Photographer Sergey Zaporozhets
Deadlines and method of submission
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The deadlines for submitting documents for marriage registration, as well as the list of documents, can be found on the State Services portal. Let us note that state registration of marriage is carried out by any civil registry office at the choice of the bride and groom on the basis of their joint application.
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Photographer: Ksenia Antonova
The first step that needs to be taken is to choose a registry office and submit an application. The application for marriage is submitted 1 month before the day of the intended marriage; the future spouses attach scans of their passports to the application. You can submit a joint application electronically on the State Services portal, if such a service is provided in your region, or fill out a paper application form , which you can download on the portal, and personally submit it to the registry office. Please note that the fee for state registration of marriage, including the issuance of a certificate, is 350 rubles , and a 30% discount is provided for electronic submission of an application and non-cash payment on the portal.
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Photographer: Yulia Pontatueva; Organizer: Fairy Tale Project
Second step , on the appointed day and time, visit the registry office of your choice and receive a certificate of state registration of your marriage. At your request, state registration of marriage can be carried out in a solemn atmosphere in the presence of guests. If after marriage you decide to change your last name, do not forget to replace the main documents .
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Photographers: Elena Pavlova
Major changes
The main changes and advantages are that from October 1, 2018, you can independently determine the date and choose the one that you like. Consequently, you will have the opportunity to write in Save the date , after approval, exactly those dates that are significant for your couple, and not those that are imposed on you. The advantage of this change is that it gives couples the right to choose, legally, officially, without intermediaries and bribes, to organize registration on the date of their choice.
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Photographer: Maxim Koliberdin
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Legal definition of common-law marriage
A civil marriage is a de facto relationship between a man and a woman, that is, they live together, have a common budget, property and even children. Many people call such relationships “cohabitation,” but lawyers are more inclined to call it “marriage without registration.”
Most young people believe that an unregistered marriage helps in relationships and prepares them for a transition to a more serious level. This is because living under the same roof makes it easier for a couple to figure it out and understand whether they are suitable for each other.
Division of marital property in bankruptcy
In order to have a personal boyfriend, if (and usually not if, but when) a woman has a desire to get a divorce, then with the help of the state, rob him and rob him completely after the divorce. The rest (sex, romance, attention from men,...) is what any woman will receive immediately after registering her profile on any dating site, and not after going to the registry office.
In fact, any of the indicated formulations has the right to exist, since it characterizes the format of permanent relations, albeit without official registration. Once upon a time, in time immemorial, young people could legitimize their desire to live together as one family only in church. This procedure was called wedding. During the time of Peter 1, it became customary to register their relations with government authorities with appropriate entries in the register books. Before the revolution of 1917, there were two forms of legitimizing family relations.
