Civil marriage in Russia in 2020 will be legally equivalent to official marriage

Differences between official and unofficial marriage

Whether this is an advantage or a disadvantage depends on the situation. To better understand this, let’s look at what official marriage provides:

1. Property acquired during marriage is considered joint property. And it doesn’t matter who exactly purchased it. If there was no prenuptial agreement, in the event of a divorce, everything acquired is divided equally.
2. Joint property cannot be disposed of without the consent of the husband or wife. For example, to give or sell an apartment or car, you will need to obtain a permit.
3. After death, the spouse is the heir of the first turn, that is, in any case, he will receive some share of the inheritance.
4. In cases of certain severity, only close relatives are allowed into the hospital room. This includes a spouse.
5. Sometimes the number of family members matters. For example, when participating in programs to improve housing conditions or when calculating benefits.
6. For a child born in marriage, paternity is automatically recognized. In an unofficial union, a special procedure is carried out for this (recognition of paternity). Sometimes this happens in court (if the father does not want to recognize the child).
7. It is easier for legally married couples to obtain permission to adopt. If the union is not formalized, both will not be able to become adoptive parents for the same child.
8. It is impossible or more difficult to obtain visas to some countries for those who are not officially married.

As you can see, in some respects (related to property), an official marriage is more beneficial to the partner who has less income. Most often this is a woman, especially if the couple has a child. In an unofficial “divorce”, you will have to prove that she has the right to part of the joint property. To do this, you will need evidence of cohabitation or whose money it was purchased with.

The rights of children do not depend on the marriage into which they were born. You can also apply for alimony in any case, and even before the official termination of the marriage.

In other aspects, both have advantages in the case of formal registration. These are, for example, inheritance and health-related issues. Thirdly, the profitability of one or another option is determined by the conditions of a particular situation.

But some disadvantages can be smoothed out. For example, an unofficial spouse can be left all or part of the property under a will. If the division of property in the event of a divorce equally does not seem fair, a prenuptial agreement is drawn up. It is drawn up both before registration and during life together.

Which form of marriage to choose is something everyone decides for themselves. Often people move from unofficial cohabitation to official marriage if life together turns out to be quite comfortable.

What evidence can be used to prove cohabitation?

Cohabitation can only be confirmed in court. Accordingly, the applicant must support his position by providing evidence:

• witness statements. These could be neighbors, mutual acquaintances, friends. They must confirm that the persons led a common life and actually considered themselves a family, despite the fact that the marriage was not registered;
• photos. They should depict spending time together. These should not be one-time shots, but many photos indicating life together;
• common children. This fact in itself does not mean that the couple was a family, but is taken into account in conjunction with other facts;
• presence of joint property. This circumstance will indicate the presence of a certain connection between persons;
• fact of registration in one territory. It will also not be considered 100% proof, since citizens who do not have such a relationship can also live together.

Each piece of evidence will not make sense in isolation, but is accepted as part of the totality of factors. The court must be presented with exactly the same set of circumstances.

Civil marriage and division of property

The main question arises - how property is divided if a man and woman acquired it together, through the investment of each person’s personal funds during a civil marriage. And in general, is it possible to divide property acquired in a civil marriage?

Indeed, many couples cohabit for years without registering their relationship in the registry office, and during the period of this very “civil marriage” people also acquire apartments, cars and other property, in the acquisition of which the money of both partners is invested.

Very often, property (both movable and immovable) is registered in the name of one of the cohabitants by agreement between them. Although, with a rational and reasonable approach, property must be distributed among such partners in shares proportionate to the investment of each, that is, fairly.

What is a “civil marriage” according to the family code?

It is noteworthy that the term “civil marriage” is in common use among many people, while most people mechanically equate such relationships with official marriage, mistakenly believing that if there was an actual marriage relationship, during which people acquired children and property, ran a common household, pooled their budgets, then these relationships can be regarded as a kind of marriage union with the application of family law norms to it.

However, as already noted, this is a very common but erroneous opinion.

Let's immediately clarify: The current family legislation of Russia does not contain such concepts and terms as civil marriage, de facto marriage, de facto marital relations, de facto cohabitation, etc., which, however, does not exclude the possibility of using such terminology in judicial acts, as well as in other sources, in particular, we are talking about the term actual marital relations.

Popularly referred to as a civil marriage, this is nothing more than a relationship between a man and a woman living together that is not formalized officially (in the registry office), that is, cohabitation. This form of relationship does not give rise to conjugal rights and obligations for cohabitants in relation to family law.

Family legislation of the Russian Federation recognizes only marriages concluded in the civil registration authorities (Part 2 of Article 1 of the Family Code of the Russian Federation), from which the logical content of Part 2 of Art. 10 of the Family Code of the Russian Federation states that the immediate rights and obligations of spouses arise only from the moment of state registration of marriage.

Consequently, the establishment of actual marital relations without their state registration is impossible, as is the emergence of the rights and obligations of spouses among cohabitants who have not registered their marriage in the prescribed manner.

Any attempts by cohabitants to prove in court the existence of an actual marital relationship are meaningless, since the mere establishment of the fact of cohabitation of unmarried persons will not indicate that the cohabitants have acquired (formed) common property.

In other words, the fact of cohabitation in this case will not have legal and legal significance for resolving a property dispute that has arisen between cohabitants.

Conclusion: It is impossible to equate cohabitation without marriage registration with a marriage concluded in accordance with the procedure established by law. Of course, under such circumstances there can be no question of applying the norms of family law to the legal relations of cohabitants.

So what do we have?

Is property acquired in a civil marriage divided?

Property acquired by the so-called “common-law spouses” during the period of their actual cohabitation without registering the marriage in the registry office is not subject to division between them in accordance with the norms of the Family Code of the Russian Federation.

Whichever of the common-law “spouses” has the registered ownership of the relevant property or part of the property is the owner. As we have already said, the regime of common property of spouses does not apply to persons living in a civil marriage.

But this does not mean that you cannot protect your property rights.

What is recognized as joint property

The following property options fit the concept of property acquired at the time of cohabitation:

1. various real estate objects;
2. land plots;
3. movable property;
4. jewelry;
5. all kinds of tools, for example, agricultural machinery or musical instruments;
6. other material assets received during the period of cohabitation: bonus, lottery winnings, pension.

In turn, personal property includes:

• things acquired by a citizen before the start of cohabitation or after its end;
• property purchased with the personal savings of one of the cohabitants or on a loan issued in his name;
• items for personal use, except jewelry;
• intellectual property and copyrighted property;
• inheritance, gifts.

Confirming ownership of an item or larger property can only be done with receipts for the goods, a will, or a bank account statement.

Pros and cons of civil marriage

Civil marriage is very developed in modern society, this is due to the following positive aspects that it brings for the couple:

1. The opportunity to get to know each other better without the need to subsequently resort to lengthy divorce litigation (people can determine how comfortable they are together and avoid unnecessary waste of nerves and finances in the future);
2. Financial savings:

• Organization and celebration of wedding celebrations;
• According to the content of the second representative of the union (since the right to alimony payments does not arise);
• According to property rights (a priori, a cohabitant cannot have claims to the property that the second representative of the couple acquired at his own expense);

1. Maintaining freedom of action (cohabiting citizens can separate when they see fit and start a new relationship without notifying the registry office employees);
2. Freedom from the responsibilities that arise in an official marriage.

In unregistered relationships, along with the advantages, there are also disadvantages:

1. Legal insecurity (there is a high risk of losing everything that has been acquired if there is no evidence base);
2. The parties do not develop a proper sense of responsibility for their actions towards the partner;
3. A mature cell of society perceives the existence of relationships in the form of a civil marriage as something alien and discrediting the institution of the family (it is read that such people have not yet matured in the ethical and moral sense);
4. If one of the cohabitants dies for some reason, then the second representative of the couple will not be able to inherit his share in the right by law;
5. Children born into cohabiting families often lack an understanding of a full-fledged family.

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How to enter into an inheritance?

If the validity of the claims is proven and recognized, you can carry out the procedure for obtaining an inheritance, which is the same for all applicants: within six months, submit a corresponding request to a notary’s office. If you miss the deadline, you will have to resolve the issue through the court. However, it is worth considering that the statute of limitations for inheritance matters is 3 years from the date of death of the testator.

The court may extend the deadline if the reasons for missing it are valid, for example:

• the lengthy nature of completing documentation;
• illness, hospital treatment (discharge from a medical institution or sick leave is required);
• loss of capacity;
• a long business trip that does not allow you to send a request to a notary office by mail.

To accept an inheritance you must:

1. Personally contact the notary office at the place where the case was opened.
2. Draw up an application for acceptance of inheritance.
3. Provide a package of documents.
4. Obtain a certificate of inheritance by paying the state fee.

Required documents:

• passport of a citizen of the Russian Federation;
• death certificate;
• a certificate of cohabitation or a resolution recognizing this fact;
• assessment of the hereditary mass;
• a certificate confirming the absence of debt of the testator;
• state duty payment receipts.

If entry into the inheritance is already carried out according to priority, then the will is presented. If the applicant is a minor, a birth certificate is required, which confirms the blood ties of the child and the testator.

The law establishes a uniform procedure for entering into inheritance. After its opening, the common-law spouse has 6 months to contact a notary at the place of registration of the deceased or the location of the property in order to enter into inheritance rights.

The widow must submit the appropriate application and package of documents. It includes:

• original will;
• death certificate;
• common-law wife's passport;
• certificate of cohabitation with the deceased;
• evidence of loss of ability to work and being dependent on a common-law husband;
• papers establishing rights to real estate;
• court decision on cohabitation of common-law spouses;
• valuation of inherited property;
• a statement confirming that the deceased has no debts;
• receipt of payment of state duty.

Missing the deadline established for entering into an inheritance will lead to a complete loss of property rights, unless the applicant proves the valid reasons why she did not manage to apply on time, or

actual adjudication

. You have 3 years to file a claim after the death of your common-law spouse.

Advantages and disadvantages of cohabitation

Living together without official registration has a number of pros and cons. Let's take a closer look at them.

Advantages:

• A chance to get to know a person better, to understand the peculiarities of his character. According to statistics, the reason for 90% of divorces is that people are in a hurry to get married and do not fully study each other. Moreover, “friction” begins after the marriage has been formalized. If you live with a person before marriage, you have the opportunity to get to know him better, understand his shortcomings and understand whether it will be possible to live with this person in the future.
• Saving. It's no secret that even the most modest wedding requires financial investments. If you don’t sign officially, you can save money and use it to sell more useful things. For a man and woman who are just starting their life together, such savings are very relevant. If people have not had time to get to know each other, an expensive wedding may turn out to be completely useless (if there is a divorce ahead).
• No restrictions. Many couples refuse official registration in order not to lose freedom and the opportunity to change their sexual partner if they so desire. If people decide to separate, there is no need to go to court and endure numerous procedures - it is enough to separate.
• If there are feelings between people, there is no need for a stamp. A man and a woman will be faithful to each other, and nothing will interfere with their happiness.

Flaws:

• Despite the fact that the law does not prohibit cohabitation, society considers this way of living immoral. But in many countries in Europe and the world such relationships are the order of the day. In the CIS countries, stereotypes from the past remain, which will soon also disappear.
• There is no guarantee of protection of rights in the event of a break in the relationship. People can live together for a long time, buy an apartment and a car. In case of a quarrel and division of property, it is impossible to do without the involvement of a judicial authority. Spouses will have to prove that this or that material value was received during the period of cohabitation.
• Problems with registering a child. If a child appears during cohabitation, registration under the father's name does not occur. The parent needs to come to the registry office, fill out an application and confirm the fact of paternity.
• Delaying the process. At first, the man and woman plan to get to know each other better, but over time, life together becomes more and more drawn out. People are improving their lives and no longer need the services of the registry office. Official registration is seen from the perspective of simple formality.
• Freedom spoils relationships. The absence of a stamp in a passport gives a man and woman an awareness of freedom. People easily cheat on their partners without thinking about the consequences. As a result, many couples stop living together.

Cohabitation is common among men and women who have previously had negative experiences living together. They are in no hurry to formally seal the relationship. Despite the convenience of this option, the risk of breaking up the relationship is much higher than with an official marriage (nothing holds people back).

Was it approved or not?

The deputies considered that the signs indicated by the author of the bill - living together, running a common household, having and raising common children, etc. - are not always present even in officially formalized relationships. Often spouses live in different cities and even countries or do not have a child, but according to the law, after signing in the registry office, they are considered legal spouses.

It is also unclear to deputies who and how will record 5 years of civil marriage, and the inability to determine the “reference point” will not allow establishing the volume of common property.

So the deputies refused to make amendments to the legislation. As before, in order to be legally considered husband and wife, you will have to visit the registry office and get a stamp in your passport.

What is a de facto marriage?

Cohabitation refers to de facto marital relations. This is a “lite” version of official marriage. Spouses bear only those rights and responsibilities that they consider necessary. Thus, the couple manages the household, shares income and bed, but does not formalize their relationship legally. Relationships are considered valid only during the period of cohabitation. When citizens stop living together, their rights and responsibilities cease.

An official marriage carries a high level of responsibility, including property. Legal spouses have a significant list of joint rights and obligations. For example:

• the spouse has the primary right in inheritance by law;
• in case of divorce, acquired property is divided in half;
• the possibility of receiving monetary support by a disabled ex-spouse.

Thus, cohabitation can be a trial period before entering into an official marriage. People who have lived together and gotten to know each other's characteristics are less likely to get divorced.

When children are born, the mother's marital status is of great importance. Even the adoption of a child left without care into the family varies depending on this fact. It is worth considering the issue in more detail. If the parents are in a registered marriage:

• In the birth certificate, the “father” column is filled in based on the mother’s passport.
• Choosing the first and last name of a newborn is a common decision of parents.
• The father's name is the basis for the formation of the child's middle name.
• The rights and responsibilities of mom and dad in relation to children are equal.

If parents cohabit:

• Paternity of children must be established through the registry office (with the general consent of the mother and father) or through the court (if one of the parents is against).
• Otherwise, the father has no rights and responsibilities in relation to the child, and they are fully assigned to the mother.
• In the event of the death of the mother or deprivation of her rights, the father can place his children under guardianship only on a general basis.
• If the father dies, the mother must establish paternity posthumously in court in order to obtain a pension for the children.

The ambiguity of the everyday definition of “civil marriage” is understandable historically: until 1917, relationships had to be registered in the church, it was almost impossible to dissolve them, in contrast to this, cohabitation without a church ceremony was called “civil.”

The official regulation of family relations by religious norms is a thing of the past, but the understanding of a “non-church” union is still associated with the civil union of a man and a woman.

Despite this, in modern conditions, many of us, having heard about a family union called a civil marriage or cohabitation, a marriage without registration, understand that we are talking about an unregistered marriage, not registered in accordance with the legislation of the Russian Federation. From the point of view of a lawyer, given the freedom of citizens to enter into or not enter into family relationships, such marriages have a right to exist, although in this case they are not regulated by the norms of the Family Code in the same way as registered ones.

A civil marriage or cohabitation, when it lasts long enough, is often also called a de facto marriage. However, neither the RF IC, nor the RF Civil Code, nor any other legal act contains the concept of actual marital relations, so there is no reason to single out this concept as an independent definition.

In January 2020, a bill was introduced into the State Duma that would give official status to this concept and would equalize the rights of people who have formalized their marriage with those who simply cohabit (for more than five years), but this proposal did not find support from either senators or from deputies.

There is a common phrase: “most men living in a civil marriage consider themselves unmarried, while women always consider themselves married.” That is, when cohabiting, you can get up and leave at any time, because by and large, except for some feelings and emotions, nothing binds you.

Official marriage is a big responsibility. It is not for nothing that it is interpreted as a union of a man and a woman, and this union presupposes the presence of certain rights and obligations, social guarantees, which cannot be abandoned instantly and run away in an unknown direction. Almost all religious scriptures call marriage the end of a young, free life and the transition to a mature existence.

It’s a rare girl who doesn’t dream of walking along the red carpet in a snow-white dress to the Mendelssohn march to say the cherished “Yes.”

The need to prove cohabitation in disputes about children

If there is a dispute about the rights and responsibilities of parents of minors, proving the fact of cohabitation will help in the following cases:

• establishing maternity or paternity;
• collect funds for child support;
• establish the order of communication between the parent and the children and their place of residence;
• resolving the issue of canceling the ban on travel outside the Russian Federation.

The options for proof in these situations are almost unlimited by law. The parties have the right to use correspondence in electronic or written form, which indicated the existence of a relationship between the parents and the child.

You can also use video and photo archives of a man spending time together with a woman and a child. Another option for proof is to use the testimony of people who knew about the relationship between the parents and the child.

If we are talking about incurring financial expenses for a child, you can use payment documents, receipts, contracts for the purchase of property or things for the child as evidence.

The court will have to evaluate all evidence deemed admissible under the rules of civil procedural law.

Advantages and disadvantages of civil marriage and cohabitation

The table below contains the pros and cons of one and the other cohabitation option.

Pros and cons of civil marriage

Pros and cons of cohabitation

Mandatory share

Any citizen can bequeath his property using the appropriate document. And if the will is drawn up according to all the rules and certified by a notary, it is impossible to challenge it. Since the testator can indicate any legal successor (and even a legal entity), rules are used that protect the rights of people who were dependent on him.

These include:

• disabled;
• minor relatives or family members.

At the same time, relatives who are in the first line of inheritance have a priority right to the obligatory share:

1. legal spouses;
2. children;
3. parents.

What is civil marriage and cohabitation?

So, what is the difference between a civil marriage and cohabitation? It is quite easy to answer this question if we remember that in pre-revolutionary Russia a church marriage was considered official, which was recognized only after its consecration in the church; all other types of marriages were not official. After 1917, the situation changed and the regulation of marriage relations passed to the state. Article 10 of the Family Code of the Russian Federation indicates that marriage is concluded in the civil registry office, which means that only those whose cohabitation and running a common household are confirmed by a marriage certificate issued by the civil registry office can be legally considered spouses.

In ordinary life, a persistent stereotype has developed when a “civil marriage” is an unregistered de facto marriage, that is, a situation where a man and a woman live together, sometimes even have children and common property, but have not properly legalized their relationship. In fact, this is a big misconception, since the situation when people live together and run a common household without registering the relationship is correctly called cohabitation.

The main reason why cohabitation is called a civil marriage is the presence of a more attractive status of “common-law husband” or “common-law spouse” than a cohabitant or cohabitant. Such stereotypes have developed since the times of the USSR, when cohabitation was synonymous with something bad, but now the worldview is changing and the correct understanding of cohabitation as an alternative to official civil marriage is correct. So, the difference between a civil marriage and cohabitation is in the official registration of the relationship.

Now that we have found out what civil marriage and cohabitation are, let’s look at what motivates those couples who are in no hurry to legally register their relationship:

1. One of the most common reasons is that there is an opinion that by cohabiting with a loved one without civil registration of marriage, there is an opportunity to get to know each other better in advance, to understand whether you have chosen the right person with whom you are going to connect your entire future life. If, over time, the couple understands that living together brings nothing but disappointments, and “the boat of love has crashed on the rocks of everyday life,” then the absence of official obligations will make the separation process as easy as possible, especially if the couple does not yet have joint children or common property. In other words, you have already chosen your loved one, but you have time to confirm the correctness of your choice in order to avoid disappointments in the future.
2. Another reason lies in the mentality of modern young people who prefer to learn and get on their feet, while maintaining the status of a free person. Having met a loved one, such couples simply begin to live together, because they consider feelings to be more important than statuses. While running a common household, however, they remain free people and have the opportunity to receive further education, build a career, and create a material foundation for the future without unnecessary obligations. At the same time, they are confident that their partner is with them of their own free will, and not due to any obligations or material interest.
3. Many cohabiting parents have negative parental experiences associated with divorce and negative attitudes. Often in such relationships there is no desire to have children and couples are in no hurry to legitimize their relationship.
4. As trivial as it may seem, another common reason for cohabitation is the lack of the necessary financial resources to hold a magnificent wedding ceremony. A wedding is quite an expensive event, sometimes it is even held with borrowed money, which means the risk of losing the money spent in a divorce must always be taken into account. An additional motivation in this case may be the absence of condemnation of such relationships from relatives and friends.

How to prove cohabitation with a deceased spouse

Proof of this fact is carried out in court, in a special proceeding.

To initiate proceedings, a woman must sequentially perform a number of actions:

1. draw up an application drawn up in accordance with the rules of Chapter 28 of the Code of Civil Procedure of the Russian Federation;
2. attach to the application a package of documents confirming the fact of cohabitation;
3. submit an application with an attachment to the district court at the place of residence of the deceased citizen;
4. after accepting the application, attend court hearings to confirm your legal position.

A certificate from the Housing Office is issued at the place of registration of the testator. The contents of the document reflect the fact of residence of the common-law spouse and the deceased in the same territory. It is also recommended to use the testimony of neighbors and mutual friends who can confirm the fact of family life.

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If the testator and his wife were not married, but only lived together, the issue of inheritance can take a very long time to resolve. And not always in favor of the common-law wife. It’s one thing if there is a will (although relatives of the deceased often dispute such documents). If this document is missing, you need to go to court. The defendants, as a rule, are the legal heirs of the deceased.

The following documents will be needed as evidence:

1. Certificate from the Housing Office. Must confirm that the plaintiff was assigned to the testator's living space.
2. Lease contract. Must be provided if the housing was rented by both spouses.
3. Testimony of witnesses who can confirm the fact of their cohabitation.
4. Documents for common children (if any).
5. Documents confirming that the plaintiff is in the care of the testator.
6. Medical certificates certifying disability or other health problems.

The list of documents may differ in each case. Many have to prove the fact of running a common household and living together using printouts of SMS messages and correspondence on social networks, as well as provide common photographs, tickets from a joint vacation and many other personal documents.

Statement of claim

You also need to take a very responsible approach to filing a claim. The document must include the following points:

1. Name of the judicial authority.
2. Information about the parties. The defendants are the other heirs of the common-law spouse.
3. Information about the testator.
4. Description of the circumstances of the case. It is necessary to indicate the date of opening of the inheritance case, details of the will and other details.
5. List of property claimed by the plaintiff.
6. Requirement to provide a mandatory share. It is necessary to refer to the relevant regulations.
7. List of documents that are provided along with the statement of claim.
8. Date of.
9. Signature.

No matter how widespread the institution of “civil” marriage is at the moment and the problems associated with it when a common-law wife receives the right to inherit the property of a deceased spouse, there is currently no legal support for this right. And any actions on the part of the de facto spouse to ensure their future are possible only through the court with a very doubtful probability of a positive result.

• draw up mutual wills;
• formalize the property acquired during a civil marriage into joint ownership (then, even in the event of a negative court decision regarding the inheritance, the spouse will remain his share of the property acquired during the marriage).

Following these simple rules will ensure that a common-law wife has the right to inherit from her common-law husband, show concern for the future of her wife and save her from a lot of unnecessary troubles and troubles.

The main argument is an extract from the passport office about the composition of the family. It indicates with whom the testator lived before his death. But if the common-law spouse was not registered in the same living space as her cohabitant, then she needs to go to court.

There are several ways to prove that you are right:

1. Property agreement between common-law spouses. A written agreement may be drawn up specifying and distributing the property. The document is drawn up in writing. Only a notarized agreement is valid.
2. Prove the legitimacy of your claims. This path is difficult, but it is possible to justify the validity of your claims to other applicants. To do this, you need to provide evidence of living together and the relationship between a man and his partner.
3. The spouse's incapacity to work and her being fully supported by her partner.

A common-law wife can prove in court the legitimacy of her claims. It is necessary to submit a claim and attach the following documents and certificates to it:

1. Information about registration (from the passport office), proving that the applicant was registered at the place of registration of the deceased.
2. If the apartment (house) was rented and was paid for from the general budget, then you will need to show a rental agreement in which both spouses are indicated as the persons carrying out the rent.
3. If confirmation from the FMS cannot be obtained, then you can obtain oral or written testimony from neighbors who will confirm this.
4. A copy of the work record as proof of employment.
5. Information about income from work. If you have additional income, you will need to request a bank statement.
6. Receipts and payments establishing participation in financial security and home improvement.
7. An income statement may be provided so that the judge has an idea of ​​how much everyone contributed to the overall budget.
8. If the couple has children together, they will need to submit a birth certificate in which the deceased is listed as the father.
9. Testimony from work colleagues.
10. Photographs, video evidence taken during the period of joint farming.
11. Other facts to demonstrate the validity of the stated claims.

A common-law wife will be able to receive an inheritance if she is declared incapable of working. She needs to convince the authorities of living together and living at the expense of her partner. This is only possible if the following conditions are met:

• disability group;
• living at the expense of the testator for more than a year;
• collection and presentation of evidence;
• lack of status as an unworthy heir.

You will need to collect certificates and other supporting documents, submit an application, and wait for a decision to be issued.

If the decision is positive, then the plaintiff will be given a copy of the decree, and on this basis he or she enters into the inheritance.

Civil marriage: pros and cons

According to statistics, up to 40% of couples prefer a civil marriage instead of an official one. Why is it popular and where are the “pitfalls” hidden? Let's analyze all the pros and cons of civil marriage.

4 important pros

1. A civil union without obligations gives the couple enough time to try out family life together, experience everyday life tests and test their feelings.
2. Psychological freedom in the event of a breakup and the ability to quickly leave without asking “how to get a divorce” gives a feeling of an “emergency exit.” Civil marriage is becoming an ideal solution for people who are afraid of dependence on their significant other.
3. Living in a civil marriage, you don’t need to bother with all the wedding hassles, and also spend a lot of money on organizing a ceremony or time for the official part.
4. For older people or those couples who have already been married several times, civil marriage can be considered the most comfortable form of cohabitation.

4 important “cons”

1. Provocation of infidelity, because in fact there are no obligations to each other.
2. An unofficial marriage is almost always the choice of one person in a couple. Anyone who is not the initiator of this form of family life will be forced to adapt to the interests of the other and give in, which will negatively affect his self-esteem and relationships in general.
3. A child born in an unregistered marriage, with the parents’ relationship not working out, risks being left without financial assistance from the father and living only on benefits. Do not think that only women face difficulties in unofficial marriage. In a situation where the child’s mother decides to end the relationship with the father, there is another course of events - upon separation, she can prohibit the child’s father from meeting. Proving paternity without marriage will be difficult, because the mother can prohibit DNA testing until the child reaches adulthood.
4. A civil union is a reason for conflict with parents, whose moral principles are far from open relationships and lack of responsibility to each other.

Important: Living in a civil union (in other words, when cohabiting without official registration), you cannot conclude a marriage contract. Therefore, it is impossible to be completely confident in the protection of your property in the event of a breakup.

Order of succession

According to Art. 1142 of the Civil Code of the Russian Federation, the first in line are the spouse (legal), children and parents of the deceased. Then there are other candidates. In the seventh line, the stepfather, stepmother, as well as stepson or stepdaughter are indicated as heirs.

This list does not include common-law wives as possible heirs. Therefore, if the couple was in a civil marriage, then after the death of the husband (cohabitant), his wife can receive an inheritance for only two reasons. Either she is indicated in the will, or she is a dependent of the deceased and can claim an obligatory share.

What to do if legal recognition of inheritance rights is denied?

They can legally refuse in the following cases:

• if the testator has minor children and financial support was paid, then when dividing the property, alimony is paid off with part of the property of the deceased;
• if the deceased has parents and other relatives who lived at his expense;
• having a dependent citizen with disabled status.

These facts will play a decisive role when deciding on the distribution of shares of the inheritance. But if the refusal was unlawful, you should contact the supervisory authorities with a complaint.

If a notary refuses to issue a certificate of inheritance without a legal reason, the common-law spouse must independently prove the opposite. It is necessary to use several ways to restore rights.

First, a claim should be made that describes the situation and states the requirement to issue a certificate due to the lack of legal grounds for refusal.

The document must be sent to the notary office handling the inheritance case. Secondly, if within 1 month the applicant has not received any response, he can send a similar claim to a higher notary chamber, just do not forget to add to it the fact of an illegal refusal to issue a certificate by a lower-level specialist of the office.

The Chamber is obliged to consider the complaint, check the notary’s action for legality and take measures to eliminate the negative consequences. Thirdly, if a negative response is received from the notary chamber or the claim is ignored, the common-law wife will have to go to court.

It is necessary to write a claim and attach to it a notarial decree confirming the fact of refusal and other documents included in the standard package (Article 132 of the Code of Civil Procedure of the Russian Federation). The applicant must also indicate the oral refusal in the claim.

You have only 10 days to submit an application from the date of receipt of the negative decision. If the court makes a positive decision, the notary will be obliged to compensate the plaintiff for all losses and issue a certificate of inheritance.

How to protect yourself

While in a civil marriage, both spouses risk being left without any rights to the property acquired together. Therefore you need to do the following:

1. When purchasing property, draw up a purchase and sale agreement for both spouses.
2. Divide property into shares and register ownership.

In the first case, the spouse can claim her part of the property from the heirs on the basis of Art. 252 of the Civil Code of the Russian Federation. If it is registered as shared ownership, then no problems should arise, since part of the common-law wife’s property will not be included in the inheritance estate.