Rus Articles Journal

What it is worth knowing about a civil marriage?

Family code in the Russian Federation were adopted in 1996, but whether it considered all necessary nuances? Whether really it protects a family, or changes were about to happen? Such concept as “cohabitation“, or as speak in the people, “civil marriage“, can undergo considerable changes soon...

The family code in the Russian Federation was adopted in 1996, but whether it considered all necessary nuances? Whether really it protects a family, or changes were about to happen?

For a start it is worth noticing that the civil marriage is the real official marriage registered in bodies of the REGISTRY OFFICE, and the term “cohabitation“ in general in the Family code does not exist. For the state cohabitants are people foreign each other, they cannot apply for in common acquired property and it they under the law cannot have it.

Why then in general to think out something and to add the word “civil“, well marriage and marriage? Well at least because there is still a church marriage, that is the passable wedding ceremony in church but which is not meaning at all that now couple - a family in the opinion of the state. Perhaps, in the opinion of God and church indeed, but wedding does not provide, for example, the lawful alimony in case of divorce and in general divorce does not provide.

Cohabitation - the unregistered marriage, accommodation under the same roof, too does not grant any rights: the marriage contract works only after registration in the face of the state, that is the REGISTRY OFFICE. That is the property will not be divided in any proportion in case of a gap - on whom the apartment is written down, for example, to that and gets. At most, what it is possible to receive - the alimony for the child, but the paternity fact in evidence, and cohabitation here even is for this purpose necessary at anything. Why the number of the unregistered marriages in that case grows?

In Soviet period cohabitation was condemned, newlyweds seldom lived in common to a wedding, but so was not always. “The sexual liberation“ and “new morals“ of 1920 - x promoted years emergence of such term as “the actual marriage relations“. This concept was entered in KZOBSO (The code of laws on marriage, a family and guardianship) in 1926 and “relieved proletarians of bourgeois conventions“. The actual marriage relations, that is the general bed, were considered as the sufficient basis of recognition of the existing family with all that it implies - the rights and “the actual spouses“ had duties the same, as at registered properly.

However in 1944 such norm was cancelled. The actual matrimonial relations had any more no validity (as well as have no that still), and to continue to be considered as everyone as a family it was offered to appeal to court for registration of the relations. Since then the number of cohabitants promptly decreased, it was not approved neither in society, nor in official structures, that is became marginal behavior.

Therefore it is no wonder that in 90 - e when all promptly disappeared Soviet, the number of “the actual spouses“ increased many times. Besides, the relation to such phenomenon changed: cohabitation began to be considered not only as alternative to marriage for one reason or another, but also as a peculiar rehearsal of family life. The similar relation remains and still.

Despite the steady growth of the unregistered marriages, in the Family code since 1996 there are no mechanisms of regulation of such families to this day. And absolutely in vain. How many women are left with children on hands without housing and in general any property? Especially hard it is necessary when the woman raised children, devoted the life to a family and the house and did not build career. In case of official marriage it could apply for “the alimony for the spouse“, but very few people in general know about such alimony.

At the same time many, knowing that informal marriage does not grant any rights, all the same continue to live without having undersigned. Why? How many life situations - are so much also answers.

It is considered to be that in “civil marriage“ (in quotes because I mean cohabitation), as a rule, the relations asymmetrical, one - bad and rich, and does not want to share if something happens with dependent and poor. Well and it, of course, happens. But recently more and more people answer a question of a wedding: “And what for? “, and if undersign, then for obtaining visas and armor for captious hotels. Marriage gives more and more inconveniences less advantages. The apartment can be issued on two owners, children have the identical rights irrespective of, they were born in marriage or not, and here divorce procedure - long and unpleasant.

It is interesting that worldwide more and more people live together informally, and leaders in this list are not the countries of democratic Europe, and strict Catholic Latin America. Here illegitimate children become even rather a rule, than an exception. For example, in Panama for 2012 of 80% of all born children - illegitimate. Most strict in Hugo - East Asia: for example, only 1,2% of children of Japan are given birth out of marriage.

Many countries already accepted norms, similar to the Soviet laws 20 - 30 - x years, and began to be regulated legislatively actual marriages. Among such countries of Germany, Ecuador, some states there is USA. In Russia several years go disputes on this phenomenon. There are persons interested to equate 2 years of cohabitation to real marriage, and to learn whether there lived together a man and the woman, from testimonies of witnesses. There are persons interested to monitor marriage even on mobile: there were phones in one apartment the last few years nearly an every day - marriage was. There are also supporters of change of “image“ of traditional marriage: suggest to reduce, for example, taxes which are paid by the registered spouses.

Perhaps, we should prepare for changes. But anyway, everyone for himself solves the cohabitation acceptability. Similar communications existed thousands of years and will disappear only together with mankind.