The actual marriage is ... Recognizing the actual marriage

The actual marriage is an unregistered union of two people living together and leading a joint household. In simple words - cohabitation. Such an alliance does not give rise to reciprocal rights and duties of the spouses. Their relations are regulated not by family law, but by civil legislation. Children born in such a union must be recognized as their father and entered into the certificate only with his written application, otherwise the woman will be a lonely mother. More details about all the features of the actual marriage will be told in this article.

the main thing

The actual marriage is an informal union of two people living together, having a common life and leading a common household. In other words, it's just cohabitation, which is regulated only by civil law. The actual marriage is a union that is not registered in the order established by law, so it does not give rise to the emergence of family relations. People living together in this case are completely free and independent of each other. It is for this reason that many citizens choose it, who do not want to bind themselves to the bonds of official marriage.

Characteristic

Despite the fact that people in actual marriage live together, have a joint household and even raise common children, they are still considered free citizens who do not depend on each other. For a man this is very convenient. At one time he has a family and a wife, but by law is considered a bachelor and can marry another girl.

In our state, actual marriage is the usual cohabitation of two people, which is not regulated by the rules of family law. Only children born in such a union are entitled to maintenance from their dad, if the latter recognizes paternity.

Nevertheless, in Russia, there are more such marriages every year. Because many young people do not want to take responsibility and formalize their relationship with the other half.

Cohabitation

If a legal marriage is formalized in the registry office, the actual one does not require compliance with such formalities. People just converge and start living together on the same territory, calling their union a family. Nevertheless, they do not become a full-fledged group of society.

The actual, civil marriage of a man and a woman is not regulated by the norms of the Civil Code of the Russian Federation and, moreover, does not give rise to mutual rights and obligations among the spouses. Their relationship can be called a mutual partnership. People can live together for a long time, have common property and joint children, but from the point of view of the law of the family they will not appear. And this is despite the fact that other citizens consider them to be spouses.

Termination

From the moment when people diverge and begin to live on a separate living space, the actual marriage ceases to exist. In other words, a man and a woman no longer have a joint household and do not have a common budget. The actual dissolution of marriage in this case occurs at a time when one of the spouses no longer wants to be with another and moves to a new place of residence. If people from such an alliance have children, their fate is decided in accordance with family law. Therefore, if the civil husband, who is the father of their common child, left his wife, he is obliged to pay alimony for the maintenance of his child.

The rights of children born in an official marriage, and of babies born as a result of mum and dad's simple cohabitation, are equal to each other and are fixed by the Russian Federation Criminal Code.

As it was before

The concept of actual marriage was known in Russia even in Soviet times. It was then, in the 1920s, that such a union of a man and a woman was recognized by family legislation. In addition, officially registered marriages even with those people who were considered missing. So it was until 1944.

The code of laws on marriage, family and guardianship, adopted in 1926, equated the actual union of a woman with a man to an official marriage. This was necessary in order to protect the representatives of the beautiful half of humanity and the rights of their children. Nevertheless, when dividing the common property, it was necessary to prove in the judicial body the fact that it was really a "marriage", and not a link. Witnesses were invited for this, correspondence and other documents were examined.

In 1944, according to the Decree of the Presidium of the Supreme Council, unofficial marriage relations lost their power. The civil spouses were asked to formalize their union in accordance with the procedure established by law. It was also necessary to indicate the period of life together before the registration of marriage.

Situation of children

Babies born in an actual marriage have the same rights as those who were born in an official union. But for this it is necessary that the child's father acknowledge his paternity and write a statement in the registry office. Otherwise, the mother of the baby will be considered a lonely mother, since the marriage of people has not been officially registered.

In practice, very often there are such situations when women have to prove the paternity of "civil" husbands in a judicial order in order to receive from them at least some funds for the maintenance of children. Such cases are far from single. While in the official union, the woman's husband becomes a child's dad automatically even when the baby was born within 300 days of the divorce.

Because of such problems that may arise in the future, many women do not want to enter into an actual marriage. Children born in an unofficial union are deprived of the opportunity to live in a full-fledged family and receive maintenance from the pope, especially if the latter was not a very decent person and refused to recognize and formalize his paternity.

Confession

The actual marriage has certain characteristics. In this case, people must live together on the rights of the family, have a common life, budget, children and conduct a joint household. In addition, over the years, lived together, people acquire things and values, real estate.

Accordingly, the recognition of a marriage takes place in the event that:

- a man and a woman have a common household and have a joint budget;

- Citizens live together as legal spouses.

In this case, people do not need to have children. After all, many citizens who live in a registered marriage, for various reasons, do not try to continue their kind.

Property

What to do with common valuable things, if a man and a woman decided to stop their informal relations and part ways? This question is asked by many people who find themselves in a similar situation. After all, the unofficial union of two people is an actual marriage. The division of property in this case will be carried out in accordance with the norms of civil legislation, rather than family law. In addition, each of the spouses will have to prove their right to the thing and the fact of its acquisition. If the property purchased during a legal marriage is considered the joint property of the husband and wife, then in the period of cohabitation it belongs only to the person on whom it is registered.

Example

Young people met and after a while decided to live together. They did not hurry to formalize relations. Nevertheless, during the actual cohabitation the man bought a new car with the money of his civic spouse, which he designed for himself. Two years later the couple broke up, and the ex-wife decided that she has every right to return half of the cost from the car. The man was against it. Prove the fact that the woman gave him the money, she could not, because she had no evidence (receipts, etc.). Accordingly, the car remained with the former civil husband, since under the documents he is its owner.

Distinctive features

Marriage legal and factual have certain similarities. They are manifested in the fact that in the first and in the second case, people live together, have a common household and have a joint budget. But on this similarity ends. Now let's list the differences. At the moment when children are born into a lawful marriage, they are automatically given the surname and patronymic of their father. What can not be said about the child who was born in an unregistered union. After all, the fact of his origin from the civil husband of the mother must be officially confirmed in the bodies of the registry office, and for this the latter must write a statement. If this does not happen, the woman is recognized as a single mother. She can only prove her paternity in court.

The property acquired during the official union is the common property of the spouses, and when divorced it will be divided in half. But things bought in the period of actual marriage, are considered the property of the person who acquired them.

What's better

Many women want to be only legitimate wives and therefore do not allow even the thought of living with a man without registering a marriage. Nevertheless, some representatives of the fair sex believe that at first you can do without registration of relations. Opinions on this issue are always divided. Of course, most women want to marry, so for them the best solution is to formalize relations at once, than to live without registration and not have any rights. Men think a little differently, especially since the stamp in the passport has not kept any of them from the unloved partner. They do not want to immediately consolidate an alliance with a woman and lose their freedom, preferring first "to live together and to test feelings."