The actual marriage is... marriage is the actual

The Actual marriage is unregistered Union of two people living together and leading a joint household. The simple cohabitation. Such a Union does not create mutual rights and duties of spouses. Their relations are not regulated by the family and civil law. Children born in this Union, shall be recognized by his father and included in the certificate only with the written statement, otherwise the woman will be a single mother. Learn more about all the features of the actual marriage will be discussed in this article.

Important

The Actual marriage is an informal Union of two people staying together sharing the same life and the same household. In other words, it's just cohabitation, which is regulated only by the civil legislation. The actual marriage is a Union, not registered in the manner prescribed by law, so it does not give rise to the emergence of family relations. People living together, in this case, it is entirely free and independent from each other. For this reason, it is chosen by many people who do not want to constrain ourselves by ties of marriage.

Characteristics

Despite the fact that people in a de facto marriage living together, have a joint household and even raising children together, they are still considered free citizens, independent from each other. For men it is very convenient. At the same time he has a family and wife, but legally considered single and may marry other girl.

In our state of the actual marriage is the normal cohabitation of two people, which is not regulated by the norms of the family legislation. Only children born in this Union, have a right to maintenance from his dad, if the latter acknowledges paternity.

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However, in Russia every year such marriages is increasing. Because many young people do not want to take responsibility and to formalize their relationship with the second half.

Cohabitation

If a legal marriage is issued in the registry office, it does not require actual compliance with such formalities. People just come together and begin to live together in the same area, calling their Union a family. However, a full-fledged unit of society, they are.

The Actual civil marriage men and women not regulated by the norms of the family code and moreover does not give rise to mutual rights and duties of spouses. Their relationship can be called a mutual partnership. People can a long time to live together, to have common property and children, but from the point of view of the law family, they will not be. And this despite the fact that other citizens believe their spouses.

Termination

From the moment when people go and begin to live in separate housing, the actual marriage ceases to exist. In other words, man and woman no longer have a joint household and have a common budget. The actual dissolution of the marriage in this case comes at a time when one spouse no longer wants to be with another and moved to a new place of residence. If people from this Union there are children, their fate is decided in accordance with the family legislation. So if wife left husband, who is the father of their child, he is obliged to pay maintenance for his child.

The Rights of children born in wedlock, and babies born as a result of simple cohabitation moms and dads, are equal and fixed RF IC.

As before

The Concept of marriage was known in Russia even in Soviet times. It was then, in 20 years, such a Union of man and woman was recognized as family law. In addition, officially registered marriages, even those people who were considered missing. It was not until 1944.

The Code of laws on marriage, family and guardianship, adopted in 1926, equated marriage with a man in official marriage. This was necessary in order to protect the fair half of mankind, and the rights of their children. However, when the division of common property had to be in court to prove the fact that it was really a "marriage" and not the relationship. To this were invited the witnesses, examined correspondence and other documents.

In 1944, according to the Decree of the Presidium of the Supreme Council, an informal marriage has lost its power. Civilian spouses were asked to formalize their Union in the manner prescribed by law. It was also necessary to specify the period of living together before marriage.

Children

Babies born in a de facto marriage have the same rights as those who were born in the official Union. But this requires that the baby's father acknowledged his paternity and wrote a statement to the registry office. Otherwise, the mother of the baby will be considered to be a single mother, because married people were not officially registered.

In practice, very often there are situations when women have to prove paternity"civil" husband in court to get them at least some money for the children. Such cases are far from rare. While the official Union, the woman's husband becomes the father of the child automatically, even when the baby was born within 300 days after the divorce.

Because of such problems that may arise in the future, many women do not wish to enter into an actual marriage. Children born in an informal Union, deprived of the opportunity to live in a complete family and to obtain maintenance from the Pope, especially if the latter was not a very decent person and refused to recognize and register his paternity.

Recognition

The Actual marriage has certain characteristics. In this case, people must live together on the rights of the family, to have a common household budget, the children and live in the same household. In addition, over the years of living together, people acquire property, real property.

Accordingly, the recognition of the actual marriage occurs if:

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

- citizens are living together as lawful spouses.

People need not have children. After all, many people living in registered marriage, for various reasons, not trying to procreate.

Property

What to do with the common valuable things, if man and woman decided to end their unofficial relationship and break up? The question many people who find themselves in a similar situation. After all, the unofficial Union of two people is the actual marriage. Property division in this case will be carried out in accordance with the rules of civil law and not family. In addition, each spouse will have to prove their right to the thing and the fact of its acquisition. If the property is purchased during a legal marriage was considered joint property of husband and wife, during cohabitation, it belongs to the person that is registered.

Example

Young people met and after some time decided to live together. To make the relationship they were in no hurry. However, during the actual cohabitation the man bought with the money of his civil wife a new car, which has issued over. Two years later the couple broke up, and ex-wife have decided that they have the full right to a refund of half the cost of the machine. The man was against. To prove the fact that the woman handed him the money, she couldn't because she didn't have any evidence (receipts, etc.). Accordingly, the vehicle remained at the former civil husband, because the documents he is the owner.

Distinctive features

Marriage is the legal and factual bear some similarities. They manifest that in the first and in the second case, people live together, have a common household and have a joint budget. But the similarity ends there. Now let's list the differences. In a time when out of wedlock children are born, they are automatically assigned a name and a patronymic of the Pope. What can be said about a child who was born in unregistered Union. Because the fact of its origin from the civil husband of the mother needs to officially confirm in the registry offices, and that the latter should write a statement. If not, the woman confesses a single mother. To prove paternity, it can only in a judicial order.

The Property acquired during the official Union is the common property of the spouses, and upon divorce it will be divided in half. But the things that are bought for the period of actual marriage, shall be deemed the property of who acquired them.

What is better

Many women want to be the only legitimate wives, and so I don't even think about how to live with a man without marriage. However, some women believe that the first time you can do without the formalization of relations. Opinions about this are always separated. Of course, most women want to get married, so for them the best solution - just to make the relationship than live without registration and have no rights. Men think a little differently, especially since the stamp in the passport still none of them kept with the unloved partner. They do not want to immediately seal the Union with a woman and to lose his freedom, preferring the first "to live together and to validate feelings."