What is civil marriage. What does civil marriage mean: division of property Civil meaning of the word

In actual relationships, you have to rely more on the decency of a partner than on the law.

Pros and cons of official marriage

Advantages and disadvantages (and they also exist!) of civil marriage for clarity can be presented in the form of a table.

Pros and cons of cohabitation

In the same way, the advantages and disadvantages of an actual, unregistered relationship will be presented below.

In the relationship between a man and a woman, neither the state, nor lawyers, nor leisurely advisers should interfere. The couple must decide for themselves which marriage it is more comfortable for them to be in - actual or civil. The main thing is to be aware of the consequences of this or that step, and be prepared for them.

Civil

Civil

adj., use comp. often

1. civil they call that which is not connected with the armed forces, with military service.

Civil Aviation. | Civil Fleet. | In the army, young soldiers can receive not only military skills, but also a civilian specialty. | The company manufactures both military and civilian products.

2. civil called a person who is not in military service.

The Kremlin meeting was attended by both military and civilians. | The civilian population must not be allowed to suffer during the bombing of the city.

3. In jurisprudence civil they call laws, acts, etc., regulating property, family, administrative relations of people.

Civil Code. | Civil law. | Civil action. | The firm provides legal support and protection in civil cases.

4. civil war called a war in which representatives of different segments of the population of one country participate.

5. civil they call such feelings, actions, etc. of a person, in which his love for his native country, the desire to benefit it, awareness of his responsibility for what is happening around him is manifested.

civic conscience. | Civic consciousness. | By assisting law enforcement, you are fulfilling your civic duty.

6. civil marriage they call an unofficial (or not consecrated by the church) union of a man and a woman.

7. Civil memorial service they call part of the mourning ceremony, during which friends, colleagues, relatives say warm words about the deceased person.

8. Civic font, civil alphabet- this is the name of the Russian font, introduced under Peter I (in 1708) and which was the basis of the modern Russian font.

Explanatory dictionary of the Russian language Dmitriev. D.V. Dmitriev. 2003 .

Antonyms:

See what "civilian" is in other dictionaries:

CIVIL, civil, civil. 1. App. to a citizen in 1 digit. Civil rights. Registration of acts of civil status. 2. App. to a citizen in 2 values; characteristic of a true citizen (rhetor.). Civil grief. Civic courage. 3… Explanatory Dictionary of Ushakov

Civilian, particular, civilian; general civil, civil, non-military, secular, unregistered, non-church. Ant. military Dictionary of Russian synonyms. civilian, see civilian 1 Dictionary of synonyms of the Russian language. Practical guide. M... Synonym dictionary

The process is a legal relationship that the plaintiff establishes with the defendant in a civil court in order to obtain from the court, as an authoritative authority, an order in defense of his civil right; This order is expressed in a court decision, and the defense is carried out ... ... Encyclopedia of Brockhaus and Efron

CIVIL, oh, oh. 1. Relating to the legal relations of citizens among themselves and their relations with government bodies and organizations. G. code. Civil law. G. dispute. Civil case (litigation relating to civil ... ... Explanatory dictionary of Ozhegov

civil- - Topics information protection EN civilian ... Technical Translator's Handbook

Civil- Civil ♦ Civil Pertaining to the citizen and society, not nature or the state. Hence the expressions “civil state” (as opposed to the state of nature), “civil society” (as opposed to the state, administration or ... ... Philosophical Dictionary of Sponville

Toponym: Civil farm in Russia, Adygea, Maikop district. Civilian settlement in Russia, Krasnodar region, Vyselkovsky district. Civilian settlement in Russia, Oryol Region, Pokrovsky district. Civil settlement in Russia, Samara ... ... Wikipedia

civil- th, th 1) Relating to the legal status of citizens in the state. Civil law. [Tarantiev] with youthful impressionability listened to his father's stories ... about various civil and criminal cases (Goncharov). 2) high. Infused with the idea... Popular dictionary of the Russian language

civil- oh, oh. 1. Relating to a citizen, citizens of the state. Civil rights and obligations. SSRLYA, vol. 3, 302. Civil [war]. Armed struggle for state power in Russia in 1918-1920. ◘ It was in civil war … Explanatory Dictionary of the Language of Soviet Deputies

I m. Not military; civilian. II m. Not church; secular person. III adj. 1. ratio with noun. citizen I 1., 2. associated with him 2. Peculiar to a citizen [citizen I 1., 2.], characteristic of him. 3. Related to legal ... ... Modern dictionary Russian language Efremova

Books

• Civil Court and Civil Laws, Yazvinsky. civil court and civil laws: A guide to the conduct and protection of civil. sue litigation and to pr-vu foreclosures on debt obligations from justices of the peace, at world congresses, in the encirclement. courts and...

Quite often, young people are well aware of what civil means.

However, in Russian it means legal relations.

But in life, people call civil marriage the most common cohabitation.

This means that people simply come together and live, while not burdening themselves with legal marriage.

This is very convenient because it does not oblige to anything, they did not agree on the characters and fled. But, there is also the flip side of the coin, when property issues arise.

Recently, such relations are widespread in our country, especially among young people. Between the ages of eighteen and twenty-five, young people do not want to think about what they will be left with when a relationship breaks up.

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The concept of civil marriage

Everyone understands what civil marriage means in Russia. If we disassemble the generally accepted concept, we can establish that this is an ordinary unregistered cohabitation. But the lack of officiality does not make it illegal. People living together in a civil marriage have their own rights and obligations.

A large number of citizens of our country such cohabitation is perceived negatively. But such a marriage has not only negative sides, as well as positive ones.

The legislation does not prohibit the creation of cells of society and the birth of children without an official one. But at the same time, with such cohabitation, people may have some property problems. Also, when a baby is born, you will have to go through the paternity procedure.

The right of choice always remains with the cohabitants. This issue is especially relevant for today's youth. However, if you know your rights, then such relationships will not be detrimental even with ordinary cohabitation.

Property division

Spouses who officially signed, during a divorce, can apply for a division of jointly acquired property.

Even if it is listed only on one of them.

When people have chosen cohabitation as a form of cohabitation, the property is considered separate property.

That is, what each of them is decorated with, that is the possession.

It is even more difficult, in such relations, to prove the belonging of everyday things. Such as furniture, appliances, decorations and the like. It is almost impossible to prove who bought what and for what money.

The division of property after the rupture of unregistered relations is the direct identification of actual shares. That is, the establishment of the fact of ownership officially, according to.

In the event of a break in relations, former unregistered spouses have two options for dividing property:

• Arrangement. Then if you can disperse peacefully, dividing everything at your own discretion.
• The division of property acquired together through the court.

The first option will help save a lot of time, effort and. But the judicial procedure in such cases is usually quite complicated. Here you will have to prepare an evidence base in advance, attract legally literate people.

At a meeting of the court, it will be necessary to prove that the property was acquired with joint money. You will have to collect all payment documents, as well. In such a case, it will be necessary to prove that the purchased property is a common property.

Evidence base of the fact of civil marriage

Every person who wants to apply statement of claim the court must understand that, according to the law, only common property can be divided. In order for the judge to be able to allocate the share of each of the cohabitants, the following evidence will have to be presented:

• What was the common life for more than 2 years: overall budget, joint rest and daily living, as well as the purchase of things and products. To do this, you will have to bring witnesses who are not related to relatives. They can be neighbors or colleagues, perhaps acquaintances or friends. Witnesses must confirm the fact of cohabitation of the parties.
• The judge needs to provide documentation for everything subject to division.
• Each party will be given a chance to validate their contribution. If one of the cohabitants manages to bring facts about a more significant investment, the judge may allocate a larger share to him. Then the other party will have to agree to monetary compensation. In fact, in the court process, the most difficult thing is to confirm the fact of investing money and them.

Confirmation of participation in the purchase of property can be:

• The obligations of one of the parties are secured by the possession of the other.
• When the earnings of both spouses are taken into account when issuing a mortgage.
• Payment on the loan was carried out by both spouses, which is confirmed by checks.
• If there is a guarantee of one of the parties when the property was bought on credit.
• Also, confirmation can be expressed in the form of documents: on the withdrawal of a deposit, receipt of an inheritance, payment of dividends.

Of course, after living in a civil marriage, it is quite difficult to prove your participation in the acquisition of this or that property. But this does not mean that it is impossible to prove the presence of cohabitation. This can be done in the following ways:

• Search for witnesses who will agree at a court hearing to confirm that there was cohabitation.
• The presence of a certificate of the birth of a common baby, where the cohabitant is recorded as.
• Providing various photos or videos. You can bring checks for rent, letters, telegrams, checks for the purchase of goods, and the like.

However, it is not always possible to prove that the property was purchased while living together. If there are no supporting documents on the transfer of money, for example, in the form of a receipt, it is almost impossible to prove that the purchase was made for general funds. Thus, when leaving the life of a cohabitant, you can be left without the right to inherit.

Advantages and disadvantages of civil marriage

For many people, a civil marriage is more beneficial than a formal relationship.

From a moral point of view, a person feels free, he is not bound.

Typically, the breakup of cohabitation does not entail global property disputes.

And here legal status such a marriage is very shaky and contributes to the unsettled sets.

In most cases, one of the spouses at the break of a civil marriage loses property and cannot protect their rights and interests.

Such a marriage is in the hands of fairly wealthy people who, in the event of a break, will simply remain to each their own. Accordingly, without judicial red tape. In ordinary cohabitation, neither spouse can demand the performance of family responsibilities.

In such relations, the order of inheritance is not regulated, as it happens in an official marriage. That is: the heirs of the first stage are: spouses and parents.

Thus, in the presence of cohabitation, property will go to the children and parents of the deceased person, even jointly acquired. It will be extremely difficult to prove anything in this situation. A cohabitant can receive an inheritance only if there is a will.

Having considered all the advantages and disadvantages of such a relationship, it became clear that there is only one plus here - this is freedom and the absence of obligations. Each person has the right to decide for himself what is more important for him to be burdened by family ties or the inability to stay with property.

Maintenance of children in a civil marriage

When children are born in a civil marriage, it should be borne in mind that the father will not be automatically identified in the certificate of. It will be entered there, only in two cases:

• according to his personal statement
• through the judiciary

In the first case, the father voluntarily goes to the registry office and writes an application to establish paternity. At the same time, two documents are issued to parents: a birth certificate and a paternity certificate.

Sometimes negligent dads do not want to recognize their offspring.

In this case, the law provides for the possibility of recognizing paternity through the courts.

To do this, the mother will have to go through a series of lawsuits.

And the first thing she needs to do is write a statement of claim. Also, most likely, it will be necessary to conduct a forensic medical examination, which will confirm the involvement of the father in the child. This procedure is quite expensive and not always affordable.

Therefore, when a baby is born in a civil marriage, you should immediately take care of establishing paternity. Without this procedure, the mother will not be able to collect alimony from the negligent dad.

Recommendations for people living in a civil marriage

All people know what civil marriage and cohabitation means. Living in such a relationship, a person should be attentive to all the prisoners. He must look after his and the child's rights and interests. For their own protection, partners must:

• To draw up contracts for both spouses, especially for the purchase and sale. In civil relations, property acquires the status of common ownership. Therefore, when registering real estate for one, the second loses the right to it automatically.
• It is impossible to draw up a marriage contract in such a relationship. But there is a chance to formalize the rules for the use of property and the like.

Of course, in a civil marriage, cohabitants lose many rights, but if such relationships are accompanied by correct documented transactions, they will not have any problems when they break up. Cohabitation does not deprive both parties of the opportunity to go to court.

Expert opinion of a lawyer

According to the Federal Law of the Russian Federation "On acts of civil status", a civil marriage is a marital relationship registered in the registry office. Unregistered relationships are cohabitation and are not civil marriages, although they are called that by many people. This terminology should be taken into account when drafting documents, since an incorrect indication of marital status can lead to adverse consequences in the future: recognition of the contract as invalid, return of the application without consideration, etc.

Despite the fact that cohabitation is a fairly common phenomenon in our country, such relationships have much more minuses than pluses: in the absence of a will in the name of the surviving cohabitant, it is impossible to enter into inheritance rights; alimony for the maintenance of common children can be collected only after the establishment of paternity; the impossibility of collecting alimony during pregnancy and child care; serious difficulties in the division of acquired property, etc.

Some citizens do not register their relationship with the registry office, as they have heard about the state fee for divorce in the amount of 30,000 rubles. These rumors are not true. Currently, the amount of the duty for termination of marital relations is no more than 650 rubles per spouse. That is, even if family life does not work out, it will be officially much easier to stop it than to remain later “with a broken trough”, losing litigation over the division of property acquired in an unregistered marriage.

Do not forget that a child born out of wedlock often becomes the object of ridicule and insults not only from peers, but also from adults. Psychological trauma received at a young age can lead to serious problems in the future. Because of this, the child develops isolation or aggression, the desire to visit educational institution, academic performance decreases and, often, after that, children begin to wander, commit crimes.

Unlike men, women are not always of the opinion that cohabitation is no worse. official marriage. They are more difficult to endure their unofficial position in society, which causes stressful situations, the development of nervous diseases, which even faster leads to a break in relations with the chosen one. Testing of feelings and adaptation without registration of marriage is possible only for a short time. If a marriage is not registered for years, it is unlikely that this will happen later.

If a man and a woman are ready for an informal long-term relationship, you should play it safe. Each of them will have to keep documents confirming personal expenses for the purchase of things, equipment and other property. Only in this case, you can be sure that when the cohabitation is terminated, they will not be left with nothing, and that they will be spared many years of litigation, respectively, there will be no unnecessary excitement, loss of time and money.

About the pros and cons of civil marriage, you can watch the video:

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The phrase "civil marriage" in last years is used very often, and the one who says it can mean the most different things: from a secular marriage, an officially registered family union to actual cohabitation.

Oddly enough, all this is really true, since civil marriage is a multi-valued concept.

Misconceptions about civil marriage

First of all, it is worth saying that in Russian legislation, a registered marriage between a man and a woman is understood precisely as a civil legal marriage (it is also secular). This is due to the fact that the Family Code - the main legal act regulating legal relations related to the family, the procedure for concluding, terminating the union, the rights and obligations of spouses, parental relations, etc., refers to civil law and any ordinary marriage under the Family Code - civil.

Because the church is Russian Federation according to the Constitution is separated from the state, church marriage that occurs after the wedding ceremony (or the corresponding ceremony in other faiths) is not mentioned in the legislation at all.

Thus, a family union registered in the prescribed manner through the registry office is called in the Russian Federation the only “official” marriage (that is, from the point of view of the law, civil marriage is official).

At the same time, very often they are called unregistered. but essentially family relationships.

Most often, in everyday life, the concept of “civil marriage” denotes actual family relations ( Cohabitation, housekeeping, support, etc.) men and women, without official registration (registration). In another way, such relationships are called cohabitation, less often - actual or marriage without registration.

Any of these definitions has the right to exist, since it denotes a permanent relationship, although without registration through the registry office. However, it should be remembered that only a registered union is properly protected by law, and cohabitation is not regulated in the Family Code.

Civil marriage, marriage without registration, cohabitation, de facto marriage - differences

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

The official regulation of family relations by religious norms has long gone, 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 civil marriage or cohabitation, marriage without registration, understand that we are talking about an unregistered marriage that is 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 to enter into family relations, 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.

What does the Civil Code of the Russian Federation say?

Neither the Family nor the Civil Codes give a definition of official marriage, although they understand it as a legally registered union of a man and a woman, concluded voluntarily, with the aim of creating a family, giving rise to the corresponding legal relationship: the rights and obligations of spouses (both personal and property).

Actual relationships (without legal registration) can be quite long-term, with running a joint household, raising children, but they are not considered family relationships, and are not protected by the state to the same extent as official ones (according to the RF IC).

A common-law husband is just one of the partners with an unofficial couple, just like a common-law wife.

No matter how informal unions are called, actual family relations are not formed in them, and such relations are regulated by the Civil Code of the Russian Federation. The difference in the position of partners in the Family and Civil Codes is great.

The property in this case is not the joint property of the spouses., but belongs to the person to whom it is issued. To prevent disagreements, it is possible to register it as a shared property (with the definition of shares).

The division of the property of cohabitants is associated with complex procedures for proving cohabitation, depositing funds for the purchase of property, etc.

The rights of children born in such unions are regulated on a general basis, but it is necessary that the father recognize the child (this is done immediately upon registration, or later). Otherwise, the mother will have the status of a single mother.

What is actual marriage

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

Actual marriage is a household designation for couples living together who, of their own free will, chose the option of life without registering the union in the registry office.

In January 2018 in State Duma a bill was introduced that would give official status to this concept and equalize the rights of people who have registered a marriage with documents with those who simply cohabit (for more than five years), but this proposal did not find support from either senators or deputies.

Pros and cons of cohabitation

Cohabitation is a very common phenomenon: according to various estimates, from 1/3 to 40% of couples prefer not to register officially. This is especially common among young people who prefer to learn first, get on their feet before starting an official family. In addition, many consider the advantages of a civil union:

• Preservation of the status of a free person with the actual conduct of a joint household and the conveniences of family life;
• The property is not joint, being the property of the one who acquired it;
• There is an opportunity to form a material base for the future: complete an education, devote oneself to building a career, etc.;

In some cases, the reasons for a couple living in a civil union are the negative family experience of parents or close people, unwillingness to have and support children, or indifference to the fact of marriage in general.

The family life of unregistered spouses also has negative aspects:

• In the eyes of the law, they are not spouses, so there are frequent misunderstandings in official bodies and institutions;
• Inability to inherit property after the deceased partner, except by will;
• The procedure for recognizing paternity for children born in such a union (or the status of a single parent);
• Complicated division of acquired property (according to the norms of the Civil Code, not the Family Code);
• You can not conclude a marriage contract (agreement).

Actual family alliances have both supporters and opponents, but in general, society is loyal to such relationships. The civil family is a frequent phenomenon of modern life.

To register or not is a purely personal decision of a man and a woman, but it should be remembered that the resolution of disputes, if any, will take place according to the norms of the Civil Code of the Russian Federation, since civil marriage does not fall under the jurisdiction of family law.

They get to know each other better and become close people, but, noticing the partner’s shortcomings, they often turn out to be unprepared to put up with them. A person usually does not have thoughts like: “My brother is not suitable for me, I need to find another!”, Because the brother is a member of the family. A partner or concubine is not yet a family member, so even the most loving, devoted and honest partner may have the thought: “We are not yet relatives. In which case, you can find someone else.

What is civil marriage and cohabitation

The Netherlands Civil marriage first appeared in the Netherlands in the 16th century, introduced in 1580 by the Reformed government of the states of Holland and West Friesland for the benefit of numerous dissidents and Catholics; in 1656 it was extended to the whole of the Netherlands.

Important

Until 1795, this type of marriage remained optional, when the Batavian Republic was established, an obligatory civil marriage was also introduced.

However, after the restoration of the Stuarts, civil marriage fell by itself, without a special legislative act, but church marriage was not obligatory for a whole century.

What is civil marriage

In this case, all the rights and obligations of the parties are prescribed in the contract, which must be certified by a notary.

It prescribes all the rules by which the family will live, provides for the situation of divorce and division of property, and also prescribes the duties that will be assigned to the spouses in the event of the birth of a child.

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Civil marriage

What is a de facto marriage A civil marriage or cohabitation, when it lasts long enough, is often also called a de facto marriage.
However, neither the IC of the Russian Federation, nor the Civil Code of the Russian Federation, nor any other legal act contain the concept of actual marital relations, so there is no reason to single out this concept as an independent definition.
Actual marriage is a household designation for couples living together who, of their own free will, chose the option of life without registering the union in the registry office.

In January 2018, a bill was submitted to the State Duma that would give official status to this concept and equalize the rights of people who have registered a marriage with documents with those who simply cohabit (for more than five years), but this proposal did not find support from either the senators or at the deputies.

Civil marriage: family or cohabitation?

The reasons could be both the antagonism between secular and spiritual authorities, and the heterogeneity of the population in terms of religious beliefs and views.

Attention

The question of the relationship of civil marriage to church marriage was resolved in three ways.

What is a civil marriage and cohabitation in terms of the law?

This term has other meanings, see Civil marriage (meanings).

Not to be confused with an unregistered marriage (actual cohabitation). “Conclusion of a civil marriage.” Painting by the Swiss artist Albert Anker (1887) Civil marriage, or secular marriage, is a marriage union registered and formalized in the relevant state authorities without participation Christian church or other religious organization. AT Russian Empire the expression "civil marriage" could be used to refer to de facto cohabitation. Currently, in everyday life, this expression is also used to refer to the unregistered cohabitation of a man and a woman, the new meaning is already reflected in a number of sources (in some dictionaries it is designated as colloquial and obsolete).
The first Russian code - KZAGS (Code of laws on acts of civil status, marriage, family and guardianship law of the RSFSR) of 1918 determined: “Only a civil (secular) marriage registered in the civil registry office gives rise to the rights and obligations of spouses set forth in this section. A marriage performed according to religious rites and with the assistance of clerics does not give rise to any rights and obligations for the persons who have entered into it, if it is not registered in the established order. That is, such a marriage did not give any rights regarding the receipt of any property in the event of the dissolution of this marriage or the death of the spouse.

In Russia, at present, a civil marriage (in the original meaning of the term) is the only one of the newly concluded marriages recognized by the state, and is recorded in the registry offices, regardless of the place of residence of any of the future spouses.

What is a civil marriage?

Due to the impartiality of the word "cohabitation", lawyers and sociologists sometimes replace it with the phrase "actual marriage", but people still say "civil marriage". Actual marriage (popularly - civil) is a joint residence (cohabitation) in one house or housekeeping of two adults who are not related by marriage or family relations, people who have emotional and sexual relationships. Cohabitation is a relationship similar to marriage, but their form is not legally recognized, it is the unregistered cohabitation of a man and a woman. Cohabitants do not have the same rights as legal spouses and this can provoke a lot of problems. For example, cohabitants do not have the right to share jointly acquired property in the event of termination of the relationship, the right to inherit by law and other rights.

What is civil marriage

The state, having implemented the principle of separation of church and state, undertook to support the relationship between spouses with the help of secular legislation, so the only form of marriage was civil, that is, secular marriage. Marriage began to be called civil, in contrast to the previous marriage - church, religious. Thus, 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 the maintenance of books of acts of civil status" of December 18, 1917 and "On the dissolution of marriage" of December 19, 1917, civil marriage became the only legally recognized in our country form of marriage. Marriages registered in the departments of records of marriages and births at the city (district, county or volost zemstvo) government received legal force.