Recognize the actual marital relationship. Actual marital relations. On the recognition of marriage

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Legal consequences of de facto marital relations

Marriage is the most important legal fact that gives rise to family legal ties and is a free and voluntary union of a man and a woman, concluded in the prescribed manner in compliance with the requirements of the law, aimed at creating a family. In each case, marriage is a specific legal relationship that gives rise to certain subjective rights and obligations of a personal and property nature for the spouses.

It seems more accurate to consider cohabitation as a broader concept, covering both formalized in the established order (i.e., marriage), and not formalized (extramarital cohabitation), since etymologically the word “cohabitate” does not carry a negative meaning, but means “ to live together with someone,” “to live together, to live together or at the same time, to live together in the same monastery, to be a spouse, to live as a couple, as a husband and wife.” Consequently, cohabitants can be both spouses who have legalized their union and persons living together like husband and wife. In the first case, cohabitants are in a legal, state-recognized marriage union, cohabitation, and in the second case, in extramarital cohabitation. The former are called spouses, husband and wife, and are bearers of a certain family legal status, while the latter, due to the non-recognition of their union as marriage, can be called “actual cohabitants,” “illegitimate cohabitants,” or even “simple cohabitants.”

Before the October Revolution of 1917, marriage was considered a union formalized according to the religious canons of the denominations to which the persons entering into marriage belonged. The only exceptions were the marriages of schismatics, which received legal recognition after their registration with the police. These marriages already at that time were nothing more than “civil marriages,” that is, marriages formalized in government bodies and not in the church.

With the adoption of the decrees of the Central Executive Committee and the Council of People's Commissars of the RSFSR “On civil marriage, on children and on maintaining civil registers” of December 18, 1917 and “On divorce” of December 19, 1917, civil marriage became the only form of marriage recognized in our country . Its introduction reflected the new state ideology and meant the practical implementation of one of its fundamental principles - the separation of church and state. Marriages registered in the marriage and birth registration departments of the city (district, county or volost zemstvo) government received legal force. The first Russian code - KZAGS (Code of Laws on Civil Status, Marriage, Family and Guardianship Law of the RSFSR 1918) also determined: “Only a civil secular marriage registered in the civil registry office gives rise to the rights and obligations of spouses set out in this section. A marriage performed according to religious rites and with the assistance of clergy does not give rise to any rights and obligations for the persons entering into it, if it is not registered in accordance with the established procedure” (Article 52). The new state ideology was focused on the destruction and gradual withering away of the institution of marriage and family, which was considered “the cell and support of the old order.”

In Russian conditions, a direct transition from a church marriage to a marriage “free from the bonds of the law” was unthinkable and unpredictable. Already the introduction of civil marriage was initially perceived by the population as unequivocally negative.

Already on October 21, 1918, a decree of the Cheka was issued, which announced that “marks in passports about church weddings, assignment on the basis of a church wedding to a woman of the surname of the person with whom she was married, marking by the police of such persons as married and issuing a passport to the married woman the surname of the citizen with whom she married is sabotage of the decree on civil marriage, the appropriation of someone else’s surname and the title of husband or wife, that is, a disruption of the decrees of the workers’ and peasants’ government, and for police officers - a crime in office.”

Such a tough policy of the state authorities on the widespread spread of the civil form of marriage against the backdrop of widespread repression against the church yielded results: by the mid-20s, the next stage of reform of marriage and family legislation had begun. The draft of the new Code of Laws on Marriage, Family and Guardianship of the RSFSR of 1926 contained a rule recognizing marriage registration as optional and recognizing the legal force of extramarital cohabitation.

Nevertheless, with the adoption of the KZoSSO of the RSFSR, marriage registration was preserved “both in the interests of state and public, and in order to facilitate the protection of personal and property rights and interests of spouses and children.”

“Actual marital relations” were not fully equated with marriage.

During the Great Patriotic War, due to the destabilization of society caused by military circumstances, the state was forced to take compensatory measures, and in particular, abandon the previously existing principles of regulating marriage issues. By the Decree of the Presidium of the Supreme Soviet of the USSR of July 8, 1944, legal significance was again given only to registered marriages. Cohabitants were given the right to register their union, created before the Decree, which acquired legal force from the date they designated. At the same time, if one of them refused to formalize the marriage, the other was deprived of the right to prove in court the existence of an actual marital relationship. The establishment of de facto marital relations (more precisely, the fact of cohabitation) that arose before July 8, 1944, became possible when the marriage could not be formalized due to the death of the “actual spouse” or missing in action at the front. The procedure for establishing this fact was established by the Decree of the Presidium of the Supreme Soviet of the USSR of November 10, 1944.

It is obvious that such a sharp reorientation of state policy in the field of family and marriage, which began to be implemented during the war, could be caused not only by wartime circumstances. It is quite possible that the destructive influence on matrimonial processes of norms that equate extramarital cohabitation with a registered marriage was identified and recognized earlier. Wartime aggravated the current situation to the limit, on the one hand, forcing, and on the other hand, making it possible and politically convenient to take immediate legal measures, quite reasonably “disavowing” the previous approach.

Article 1 of the 1996 Family Code of the Russian Federation states: “a marriage entered into only in the civil registry office is recognized.”

The RF IC avoids using the terms “actual marriage”, “actual marital relations”. To designate persons who are or have been for some time in an extramarital relationship, the phrase “persons who are not married to each other” is used here.

Property relations. The general principle of Russian family law applies: the rights and obligations of spouses, including in relation to property, are created only by a registered marriage. Therefore, the property of persons in a de facto marital relationship cannot be recognized as belonging to them by right of joint ownership only on the basis that it was acquired by them during their life together.

Since common joint property according to clause 3 of Art. 244 of the Civil Code of the Russian Federation arises in cases stipulated by law, and the legislation does not provide for the establishment of such a regime in relation to extramarital cohabitants; the regime of common shared ownership should apply to the property acquired by them jointly, and the regime of individual private property should apply to other property. Cohabitants cannot change the general, civil legal regime of property relations until they wish to get married, since the marriage contract according to Art. 40 of the RF IC is considered a property agreement between spouses or persons entering into marriage. Moreover, in the latter case, the agreement acquires legal significance only after the marriage is registered (clause 1 of Article 41). civil marriage family legal

The right of joint ownership can arise among actual spouses only for residential premises in which both of them are registered and which they have privatized into joint ownership, as well as for some other types of property if the actual spouses have formed a peasant (farm) enterprise or joined it. The right of joint ownership of actual spouses cannot be recognized for any other jointly acquired property.

Recognition of property acquired by de facto spouses as their shared and not joint property, of course, is disadvantageous to those who, after the end of their life together, make claims for this property, and it is disadvantageous for a number of reasons.

Firstly, when dividing property between de facto spouses, their shares are determined based on the amount of money or labor invested by each of them in the acquisition or creation of this or that thing, and it is necessary to prove the very fact and size of this investment (degree of participation). At the same time, due to the lack of marriage registration, housekeeping work is not taken into account without fail, and wages and other income of actual spouses from labor, entrepreneurial, and intellectual activities are not their common property.

Secondly, in order to recognize property as being in common (at least shared) ownership, it is necessary to prove not the very fact of the state in de facto marital relations, but the acquisition of this specific property with the funds or with the labor participation of both de facto spouses. Cohabitation in itself without registering a marriage has no legal significance and does not create a community of property.

Even if persons who were in a de facto marital relationship registered the marriage, the property acquired by them during their life together, but before the registration of the marriage, will not be recognized as the common property of the spouses. When resolving a dispute between spouses about the ownership of such property, the court, as was said, should be guided not by the provisions of family law, but by the norms of civil law on common shared property and determine the share of each party depending on the degree of its participation in the creation of common property.

At the same time, there is no doubt that the de facto spouses, like any other participants in common shared property, have the right to enter into an agreement on the division of property located in their common shared property, as well as an agreement on the procedure for owning, using, disposing of such property, on the distribution of fruits and income from the use of such property (Articles 246-248, 252 of the Civil Code of the Russian Federation). In order to provide legally married persons with legal protection without prejudice to the basic principles of domestic family law, it is necessary to officially explain to notaries and authorities carrying out various types of registration that such persons have the right to enter into appropriate agreements among themselves, provided for participants in common shared property.

Alimony obligations. The content of the rules of Chapter 14 “Alimony obligations of spouses and former spouses” of the RF IC also allows us to associate the occurrence of the obligation of material support only with marriage, and not with simple cohabitation. This responsibility rests with spouses or former spouses, and the right to enter into an agreement on the content of Art. 99 of the RF IC provides the obligated and authorized person. Therefore, only an alimony agreement between spouses or former spouses can be notarized. Agreements between cohabitants on mutual material support are, of course, possible, but their implementation does not have, and should not receive, legal guarantees from the state.

In the sphere of personal non-property relations between spouses, actual marriage does not give rise to any legal consequences. However, in the field of moral and ethical relations, the relations of an actual marriage are equated to the state of a registered marriage. Within the meaning of paragraph 1 of Art. 51 of the Constitution of the Russian Federation, the rule on releasing a citizen from the obligation to testify against himself, his spouse and close relatives, the circle of whom is determined by federal law, should also be applied to de facto spouses. Indeed, in the sphere of personal relationships, a de facto marriage and a registered marriage cannot have any significant differences; denial of this fact would lead to the fact that the obligation to testify could also be imposed on persons who have been in a de facto marital relationship for decades, which would contradict the guarantees established in the Constitution of the Russian Federation.

Inheritance. A civil marriage differs from a registered marriage not only in the problems with the division of property considered. People can live together for a long time in complete agreement, using common funds, acquiring property. In the event of the death of the actual spouse in whose name the property is registered, the other spouse does not acquire the right of inheritance, unless a will was left in his favor or he was dependent on the deceased.

A common situation is when a person who has lived in a de facto marriage for decades does not receive any rights to jointly acquired property, and the inheritance goes to the heirs of the deceased by law (for example, to children from a first marriage). This situation often arises when people who already had their own families acquire a new one and do not consider it necessary to legitimize their relationship.

Legal status of children born in actual marriage. In accordance with Art. 7 of the Convention on the Rights of the Child, adopted and open for signature, ratification and accession by resolution 44/25 of the UN General Assembly of November 20, 1989, the child must be registered immediately after birth, which confirms his origin. This principle is also observed in the Russian Federation. The origin of a child from certain parents becomes a legal fact only if it is certified by the competent authority (Article 47 of the RF IC). In turn, it is the establishment of the child’s origin that creates objective prerequisites for respecting the rights of the child and fulfilling the responsibilities of parents in raising him. It is important that in the future, the only basis for the emergence of mutual rights and obligations of parents and children can only be the origin of the child, certified in the prescribed manner.

The paternal descent of a child from unmarried parents is established by voluntary recognition of paternity by the putative father or by judicial establishment of paternity.

If the surnames of the parents are different, the child is assigned the surname of the father or the surname of the mother by agreement of the parents, unless otherwise provided by the laws of the constituent entities of the Russian Federation (taking into account national traditions) (Clause 3 of Article 58 of the RF IC).

The procedure and amount of provision of maintenance to the child by parents and other family members are determined by Section. V RF IC “Alimony obligations of family members” (Articles 80-84, 86, 93, 94). As for the various sums of money due to the child, the ownership of them is recognized by the child. According to paragraph 1 of Art. 80 of the RF IC, parents are obliged to support their minor children, on the basis of clause 2 of Art. 80 of the RF IC, if one of the parents does not fulfill his obligations to support his minor child, then the forced collection of the necessary funds in court is allowed. Children born in actual marriages retain the right to: education; material content; inheritance after the death of a parent; parents are the legal representatives of the child, etc.

Literature

1 Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) // Rossiyskaya Gazeta. 1993 Dec 25

2 Family Code (RF IC) N 223-FZ dated December 29, 1995 with the latest amendments

3 Civil Procedure Code of the Russian Federation dated November 14, 2002 No. 138-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on October 23, 2002) (as amended on November 25, 2008) // “Collection of Legislation of the Russian Federation,” December 1, 2008, No. 48, Art. 5518

4 Decree of the Presidium of the Supreme Soviet of the USSR of November 10, 1944 “On the procedure for recognizing de facto marital relations in the event of the death or disappearance of one of the spouses at the front” // Code of Laws of the USSR, vol. 2, p. 156, 1990

5 Korotkova L.P., Vikhrov A.P. Family - only within the framework of the law // Jurisprudence. 1994. No. 5-6. P. 160.

6 Commentary on the Family Code of the Russian Federation / General. ed. P. V. Krasheninnikova. pp. 30-31.

7 Antokolskaya M.V. Family law. P. 115.

8 Commentary on the Family Code of the Russian Federation / Rep. ed. I. M. Kuznetsova. pp. 35-36.

9 Nechaeva A.M. Family law. P. 94.

The relationship between a man and a woman plays an important role in a person's life. Today you can encounter various forms of so-called marriage. This is a relationship in a couple that is registered in one way or another. The actual marriage requires special attention. What it is? How is it different from civilian? 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 officially. Not everyone knows the features of such a process.

Civil marriage

First, let's understand a little terminology. Today, a distinction is made between de facto and civil marriage. 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 living together after the wedding. This is precisely the meaning of civil marriage among lawyers.

However, this terminology is often used in a different meaning. Civil marriage most often refers to the process of living together between a man and a woman. In this case, people live under the same roof, conduct everyday life together, but their relationship is not officially registered in the registry office.

Actual union

The next important term is actual marriage. What kind of concept is this? How is it different from a civil marriage? Further in the text the legal interpretation will be understood. Actual marriage is the 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 (non-legal) civil marriage. This form of relationship is often intermediate between “just meeting” and “husband and wife status.” Despite this, actual marriages in Russia are spreading quite quickly. People are in no hurry to go to the registry office to register their relationship. And there are reasons for this. The concept of actual marriage is now clear. But what are the pros and cons of this form of relationship?

Pros of civil marriage

The official form of joint farming has its advantages and disadvantages. What is it about? First of all, it is necessary to find out 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 a civil marriage is the security of family relationships. After registration at the registry office, citizens 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 official spouses are allowed to visit patients.
  • Gives the parties security and clarity of relations of both a property and non-property nature.
  • When children are born, official marriage eliminates most problems. For example, children will be able to take their father's surname without additional paperwork. In addition, parenting is easier in a formal relationship.
  • The division of property during a divorce will be carried out in accordance with the RF IC. In addition, spouses can enter into a marriage contract in advance. It will help clarify the principles of division of common property.

Accordingly, this form of relationship provides certain guarantees. As already mentioned, de facto marriage still occurs quite often in Russia. Why are citizens in no hurry to formalize relationships?

Disadvantages of registration at the registry office

It is enough to think carefully about the consequences of such a decision. As has already been emphasized, civil marriage gives the husband and wife special rights. This is a completely new stage in a relationship that requires a lot of responsibility. Some people simply find it advantageous not to sign. There are not many disadvantages to a civil marriage. These include:

  • Responsibility to relatives, spouses and children. Family relations, as emphasized earlier, are regulated by the Family Code of the Russian Federation.
  • It is not so easy to end a relationship in the event of conflicts. Actual marriage allows people to simply move away and not think about each other. Officially registered relationships require additional paperwork during divorce.
  • Having common children greatly complicates the divorce process.
  • After the dissolution of an official marriage, the spouses still have some obligations to each other and to their children. Proving them is not difficult.

That is why everyone decides for themselves what to do. Registration of marriage is a fairly simple procedure. And its termination often means problems. However, the actual marriage requires special attention. What positive and negative sides does it have?

Pros of cohabitation

In reality, everything is not as simple as it seems. Previously, in Russia, a de facto union had significance. It was enough to share one bed and lead a common life in order to be officially registered as a family. But in 1944 everything changed. From that time on, citizens had to undergo official registration of relationships at the registry office. In this case, persons living together could indicate the duration of the actual relationship. What makes an actual marriage stand out? All people speak out for and against this form of relationship. For some, living under one roof is enough; for others, it is important to have a stamp in their passport for peace of mind.

Among the positive aspects of actual marriage are:

  • Lack of responsibility to your spouse. As was emphasized earlier, in conflict situations people can simply disperse without consequences.
  • Freedom. Many people understand that actually 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. An undoubted advantage is the fact that everything acquired in a de facto marriage is not recognized as joint. What is bought by the husband belongs only to the husband. And all the wife’s property is only her property.

Perhaps all these features can also be considered disadvantages. A de facto marriage means a minimum of responsibility and a maximum of legal disputes if the parties have obvious conflicts.

Property

Special attention must 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 breakdown of people's relationships 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 country’s Family Code, 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 his common-law wife’s apartment, he has no plans for her. Otherwise, the courts take into account who contributed what share when acquiring property.

  • joint farming is not considered work;
  • the earnings of citizens and their other incomes are not considered joint;
  • The degree of participation in the transaction and the personal investments of each party are taken into account.

It is noted that actual marriage with division of property is often accompanied by litigation. Therefore, such disputes are often settled fairly. Not always, but very often this is the case. The only disadvantage of the process is 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 running a joint farm. But in practice such cases are extremely rare. What are the legal consequences of unregistered relationships? Among them are the following features:

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

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 your relationship with the father. For this purpose, genetic testing was invented long ago.

Registration 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 at the registry office. But in actual cohabitation, no such manipulations are necessary. 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, in order to speed up the registration procedure, you can bring a doctor's certificate with you.
  • To write an application. It is filled out at the registry office.
  • Pay the marriage registration fee. Today in Russia such an operation will cost 350 rubles.
  • Set a date for painting. Usually on this day people celebrate their wedding.
  • Wait until the relationship is registered. On the appointed date and time, come to the Wedding Palace, confirm the operation and receive a certificate in the prescribed 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 aren't 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. Today, actual marriage has no restrictions. But not everyone is allowed to go civilian. It is necessary to remember the following features of registration at the registry office:

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

In principle, any adequate couple who has 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’s clear how a civil marriage differs from a real one. In fact, everything is not as difficult as it might seem at first glance. How does the actual relationship begin? How is this period characterized? Nothing special. Civil marriage, as already noted, requires citizens to register with the registry office, accompanied by the issuance of a certificate. After this, 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 common life and leisure, their relationship can be considered valid. No registration or celebration. The same applies to the dissolution of a de facto marriage. People move away and stop running a joint household.

Examples

Now some visual examples. Not everyone is clear about the difference between the concepts mentioned. What is a de facto marriage? Examples from life often demonstrate that this form of relationship is only possible between 100% honest people who love each other. In other cases, you have to obtain security and some kind of government guarantees by registering with the registry office.

So, if a couple meets and lives together (it doesn’t matter with whom, even with the spouse’s parents), then this is a de facto marriage. In this case, the parties themselves agree on how they will conduct their lives. For example, a woman takes on “female” responsibilities - maintaining the house, cooking, and a man takes on “male” responsibilities - repairing, nailing, moving. Each such couple often has their own income. The income of a guy and a girl is considered personal; people pay equal shares for common expenses.

Let's assume that this family has a child together. Such a unit of society lives with the spouse in an apartment or one purchased by him after the start of a relationship with the child’s mother. What will happen in this case during a divorce? Mother and child risk being left on the street. Especially if the woman does not have her own home and job. For example, a man promised to bear all the costs of maintaining the family in exchange for the woman taking care of the house and children exclusively. It is difficult to obtain alimony for a minor - you will have to prove the relationship of the child with the spouse. In fact, during a “divorce,” husbands simply throw their wives out into the street and completely forget about the children.

Now it should be clear what actual marriage is. Examples from life are sometimes different. Let's say a guy and a girl have been dating for a long time and living together. Children are born to them, property is registered primarily in the woman’s name 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 and will have to seek paternity through the court. Accordingly, de facto and civil marriage are two completely different forms of relationships. But, as already mentioned, it is possible to prove in court the conduct of a joint farm. How exactly?

On the recognition of marriage

If you prepare in advance, then recognizing the actual type of marriage will not be difficult. To do this, you will have to prove running a joint farm. Are de facto marriages currently recognized? Yes, but only through the court. The following can be presented as evidence of a relationship:

  • recordings of telephone conversations;
  • joint photographs;
  • correspondence;
  • witness statements;
  • video materials;
  • medical reports (in case of acknowledgment of paternity);
  • payment slips confirming joint purchases.

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

What to choose

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

The actual union cannot be crossed out either. This is a normal stage in the development of relationships. The main thing is not to stay in such an alliance for too long. For example, you can submit an application to the registry office, then move in together and live in a de facto union until the official registration. It is this decision that becomes the most logical.

It is noted that long-term residence without a registered relationship in Russia is most often welcomed by men. The stronger 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 separate. Having a wedding in this situation is not so easy - it is not always possible to prove the need for action.

Results

From now on, it is clear how actual marriage relations differ from those formalized in the registry office. We can say that this arrangement means the freedom of the spouses, the absence of responsibility and any guarantees. Therefore, officially formalized relationships are considered to be 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 family. However, it is not always possible to register with the registry office. This is especially true for people with non-traditional sexual orientation in Russia. Actual marriage is an intermediate link between the statuses of “boyfriend and girlfriend” and “husband and wife.” A normal stage of a relationship that should not be delayed. Everyone decides for themselves how to live. But a civil marriage gives spouses special rights, duties and responsibilities.

    Monogamous marriage, excluding same-sex marriage and polygamy

    The principle of freedom of marriage

    Equality of parties in marriage (Article 19 of the constitution)

    Marital relations are lifelong - without a specific period

    Giving birth and raising children.

    Marriage takes place in the manner and form established by law. Exceptions:

    1. paragraph 7 of article 169

      paragraph 1 of Article 158, if there are no grounds provided for in Article 14 of the Family Code and do not contradict the basic principles of family law (free voluntary union of a man and a woman)

Actual marital relations

For ordinary people, this is a civil marriage, but we superhumans should not call it that. Such de facto marital relations do not entail any legal consequences.

Decree of the Presidium of the USSR Armed Forces November 1944 - only registered marriages have legal significance. Now the court interprets it broadly.

Legal consequences of de facto marital relations:

Do not give rise to any legal consequences

Equivalent marriages

– marriages concluded according to religious rites before the creation of Soviet registry offices and during the war of 1941-1945 in the occupied territories.

Conditions and procedure for marriage

Normative base:

    Chapter 3 SC

    Federal Law of November 15, 1997 No. 143-FZ on acts of civil status

Conditions for marriage (Article 12) are the circumstances (legal facts) necessary for state registration of marriage, as well as subsequently recognizing the marriage as valid and invalid.

    Mutual, voluntary consent of a man and woman entering into marriage. Coercion is unacceptable and may in the future be grounds for declaring the marriage invalid.

    Reaching marriageable age. Article 13 sets the age at 18 years. A person under 18 years of age is a child. If there are good reasons, at the request of the persons themselves, local government bodies may allow marriage when they reach 16 years of age. Valid reasons have not been established. The procedure and conditions for marriage under 16 years of age may be established and permitted by the law of the subject.

Obstacles to marriage are circumstances (legal facts) in the presence of which registration is impossible and unlawful. If the marriage is still concluded, it may be declared invalid. Article 14 contains a list of:

    If at least one of the persons entering into marriage is already in a registered marriage.

    Marriages between close relatives in direct descending and ascending lines, as well as marriages between full and half brothers and sisters are prohibited. A more distant degree of relationship is not an obstacle.

    Marriages are prohibited between adoptive parents and adopted children, since these relationships in the legal sense are equivalent to the relationship between parents and children.

    It is unacceptable to marry a person declared incompetent by a court due to a mental disorder. If, at the time of marriage, a person was already confirmed to have a mental disorder, but there was no court decision yet, then such a marriage may subsequently be declared invalid on the basis that one of the spouses was not aware of his actions. If one of the spouses already in the marriage becomes incapacitated, then the marriage continues and is dissolved in the usual manner.

Article 15 of the RF IC provides for a medical examination of those getting married - but this is optional.

State registration of marriage:

    Is the only form of marriage recognized by the state

    State registration gives rise to legal relations between spouses

    Marriage is registered with the civil registry office (clause 1, article 10)

You can get married at any civil registry office in the Russian Federation.

      The basis is a joint statement of the persons entering into marriage. An application submitted before the state registration of a marriage does not carry any consequences, that is, it can be withdrawn without legal consequences. If individuals do not have the opportunity to submit applications in person, they can send a notarized application to the registry office. Clause 1 of Article 11 of the Insurance Code and clause 1 of Article 2 of the Federal Law of the Civil Law indicate that registration is carried out after 1 month from the date of filing the application. Can be changed for valid reasons

      Marriage is impossible in the absence of one of the parties; if a person cannot appear at the registry office to register the marriage, then a registry office employee comes out and registers the pre-trial detention center in the hospital, etc.

      A note about marriage is made in the passport. A fee of 1 minimum wage is charged

      The surnames of the spouses are chosen at the discretion of

    State registration of marriage between citizens living outside the Russian Federation is carried out (Article 157 of the Family Code) at diplomatic missions or consular offices (also Article 6 of the Federal Law on Civil Law).

Article 158 allows marriage to be performed in the competent authorities of the state

Confession marital relations through the court is a very difficult task and judicial practice in such cases is generally negative. Why? Because the Family Code regulates the regime of joint ownership exclusively married persons.

There are no such concepts in the law as "actual marital relationship"or "civil marriage". The law does not establish rights or obligations for people (cohabitants) whose relationship is not registered. Accordingly, it is impossible to divide joint property, because there is simply no such thing (and the need to recognize cohabitation as marriage arises when one of the parties wants divide property).

How to prove the fact of marriage?

Positive judicial practice on recognizing de facto cohabitation as marriage can be counted on one hand; it will take a long time to search. I want to post one of these solutions on my blog (solution).

What did the judge accept as evidence of the marital relationship?

A detailed list of property acquired during the period of marriage, testimony of witnesses, of whom quite a lot were interviewed. And also information from a social network page, in which the “marital status” column indicates “married” (who would have thought that such information could become evidence of family life in court?).

Testimony of witnesses on the other side who stated otherwise the court did not take into account- which is of course strange.

As you can see, the prospect of recognizing cohabitation as marriage appears if the relationship was long-term, there is a child, kindergarten teachers or school teachers will confirm in court that the child was taken by both mom and dad, there are joint photos, vacation trips, joint expenses, purchase of property - anything, the main thing is joint and in front of witnesses. Everything I have indicated is not direct evidence, so it is impossible to speak unequivocally about their strength for the court. The more evidence of “joint”, the greater the chances of proving to the court the actual marital relationship.