Civil marriage is a multi-valued concept and today it is used both to denote official marriage and cohabitation. There are pros and cons to this de facto union. The benefits are more obvious for men. Very often, a couple, having lived for several years in such a marriage, breaks up, some decide to formalize their relationship.
What does civil marriage mean?
Modern society is already looking without condemnation at men and women who have decided to live together without registering a marriage, to which the Orthodox and Catholic churches cannot close their eyes, considering this a great sin. What does civil marriage mean in the current understanding of people? This is a de facto union in which a couple decides to come together and live in the same territory, sharing life together, but at the same time they do not undertake a trip to the registry office, which means only one thing — this marriage is illegal. Husband and wife — these words sound in relation to a man and a woman to each other, but in fact they are not them.
How to get a civil marriage?
A civil or de facto marriage can be transferred to the status of a legal one in only one way: register your relationship. Registration of a civil marriage is carried out by submitting an application for registration of marriage to the registry office. There is no other way, so if there is a feeling that it is important to make the union full-fledged, the road to the registry office should not become a difficult obstacle.
Pros and cons of civil marriage
Civil marriage, all the important pros and cons are made up of both psychological and legal aspects. You can start reviewing the pros:
- no one owes anything to anyone — this statement can be considered from two sides, the advantage here is that the obligations are minimal and at the discretion of the cohabitants;
- checking feelings — maybe this is a banal love that will break at the first storm;
- “Are we suitable for each other?” — yes, this is a fat plus to the fact that you don’t have to get married in order to check this, and divorce in case of incompatibility;
- easy (not in terms of feelings) unburdened breakup, no need to collect papers for divorce, go through this unpleasant stage of your life;
- it is easier for men to agree to live together without stamping it in their passport (you can call it cowardice, but also caution);
- if before the actual marriage, loneliness was a burden, then this is a case to feel like a “pair”, to learn how to live together and solve common household problems.
Cons of civil marriage:
- about the fact that no one owes anything to anyone in a negative aspect looks much sadder than in a positive one, here it can be called irresponsibility in the legal sense of the word;
- over time, one of the partners strives for a full-fledged legal relationship, more often these are women, which can cause rejection and the departure of the second partner, who is already satisfied with everything;
- legally — the actual marriage is without rights, and the property acquired together, you still need to prove this, more often this is not crowned with success;
- a marriage contract cannot be registered — the execution of this document is a privilege of legal relations;
- long-term relationships in such an alliance are not discussed, the couple lives for today, which may indicate the futility of the relationship;
- there is no complete trust, because at any moment one of the partners can collect their belongings and leave.
Why do men live in a civil marriage?
The advantages of a civil marriage are more obvious for men, it is believed that for them an official marriage is a huge stress and a cross for their bachelor life. Whether it is a civil marriage or, in another way, cohabitation, in which a man considers himself still a bachelor. But, if you look at it from the opposite angle for a responsible man, the actual union is a way to find out about yourself as a family man, and if a woman treats this with understanding, then this marriage can already be continued in an already official status.
If we consider the reasons why, in general, a man prefers this type of marriage to an official one, we can single out the following:
- feeling of freedom;
- there is no desire to take on the responsibility of the head of the family;
- the current partner for a man is not the final option, he still hopes to meet a fully consistent with his expectations.
Civil marriage for a woman
For a woman in such a union, everything is more complicated and the disadvantages of a civil marriage for a beautiful representative of the sex are more obvious. The rubbing, the recognition of each other has passed, but what’s next? A full-fledged family is commitment and care for each other. In unregistered relationships, this can also be present, but, as in the well-known Russian proverb, “one fly in the ointment in a barrel of honey” spoils everything and the absence of a stamp in the passport psychologically makes a woman feel powerless and unprotected.
You can talk as much as you like about the emancipation and advancement of modern women, but you want a civil marriage to take place legally, for real. Psychologists who are approached by women who have been in an informal union for a long time note the following features:
- severe anxiety;
- uncertainty about the future;
- the tense expectation that her man will find another woman at any moment, pack his things and leave;
- simultaneously with all this, being in the illusion that her man needs a little more time to understand that she is the one he is about to marry.
Child born in a civil marriage
What happens if a child is born in a civil marriage, does he have the same rights as a child born in an official marriage. Yes, it has. If all actions are performed correctly. To do this, the father and mother of the child must submit a joint application in which the father officially recognizes the child and gives him his last name and patronymic, then there will be no dash in the birth certificate in the column of the father of the child. Paternity is called upon and even if a man leaves a woman, she has the right to file for alimony.
What if the man does not take responsibility and does not recognize the child? Here the steps are:
- Appeal to the court in order to establish the fact of paternity through a genetic examination.
- If a man evades the examination, the court may automatically recognize paternity for him.
- After confirmation, again through the court to apply for the recovery of alimony from the father
What rights does civil marriage have?
Recognition of a civil marriage as a legal union is possible only through an application to the registry office, therefore the actual marriage is not recognized by the state as official. There is no need to talk about any significant rights, but with a certain close examination, there are some nuances that make it possible to achieve such rights upon separation, such as: the division of property, the establishment of paternity for the payment of alimony.
Father’s rights in civil marriage
The concept of civil marriage as cohabitation has become so commonplace that it is perceived as a variant of the norm of relations, but one must understand that children, the most vulnerable representatives of the de facto union, suffer in informal relations. If the father acknowledged his paternity, then he has all the rights associated with the father-child relationship:
- the right to visit;
- taking part in upbringing, providing education;
- traveling with a child;
- in the event of the death of the mother, has the right to take the child;
- request all kinds of information about the child in state institutions (educational, medical, military enlistment office, police);
- has the right to sue the child’s mother if she violates his father’s rights.
Real estate in a civil marriage
Civil marriage is equivalent to ordinary cohabitation, so it is important to take care of your rights in terms of real estate in advance. Unregistered relationships do not allow jointly acquired real estate to be divided in half in a dispute, as prescribed in the Family Code for resolving property disputes upon dissolution of an official marriage. Therefore, all real estate goes to the one who is indicated in the contract as a buyer. If this is shared ownership, then everyone will remain with the share that is prescribed in the contract.
Mortgage in a civil marriage
An official family or a civil de facto marriage — in both cases, obtaining a mortgage is not an obstacle, but if this is an unofficial marriage, then there are some nuances and pitfalls that need to be taken into account during registration:
- Both “spouse” are registered in the loan agreement — this is a document confirming that everyone has rights to their share of property, all checks, documents must be kept so that there are no problems if one refuses to repay the mortgage or when dividing mortgage real estate;
- The mortgage loan is issued to one of the actual spouses and he will then be the owner. Here you can do the following: divide the responsibility for payments in half, and also keep all repayment checks, which indicate the full name of the payer — this will help to declare your rights to real estate in the event of separation and division of property.
Property acquired in a civil marriage
Civil marriage, for all its attractiveness for modern relations, is not legally protected, and therefore all property acquired jointly by a couple in a civil marriage will have the status of a separate one. A car, an apartment, furniture, household appliances — whoever appears in documents, contracts or checks — is both the owner and the cohabitant does not have the right to claim what does not belong to him according to the documents.