Today we have to make out such a thing as a common-law husband. Who is that? What rights do common-law spouses have? What features should you pay attention to first of all? The thing is that the concept of civil marriage cannot be interpreted unambiguously. In Russia, this term is interpreted in several senses. All of them will be discussed. Otherwise, you can get confused and not understand what kind of civil marriage in question. There is a legal interpretation, but there is a generally accepted one. Do not confuse these two concepts. But what do they give? What rights and obligations do spouses have in any given case? About all the features of civil marriage - below.
Laws and Codes
The first thing you should pay attention to the terminology that is found in Russia in the codes. Civil marriage is an officially registered relationship. They do not imply the participation of the church in the process.
In fact, such a relationship is a union registered between a man and a woman registered in the registry office. Quite often, such a feature is called simply marriage, without the "civilian" component.
Despite this, in full interpretation, the term is found in the legislation and codes of Russia. So the common-law husband is the official husband of the woman, the person with whom she has registered relations with the registry office.
the confirmation
As a confirmation of registration, the newlyweds will be issued a certificate of marriage. It indicates the initials of the couple, what surname will be assigned to the wife, the place of registration of the relationship and the date of painting. In fact, civil marriage is an official wedding.
You can play it in Russia from the age of 18. This is a completely voluntary decision of adult citizens. In certain circumstances, the spouses retain the right to pre-term painting, that is, until they come of age (at 16). For example, if the future husband and wife are emancipated. Or when pregnancy occurs.
In any case, after painting the couple issue a certificate of marriage. And since then they are considered an official family. Their relationship is legal. Spouses have certain duties and rights that are regulated by the Family Code. But everyone should know the main points.
Responsibilities and Rights
What rights does a common-law husband have? Exactly the same as the wife. The thing is that according to the Family Code, spouses in a registered marriage are equal in their rights. But some restrictions still exist. The fact is that marriage is a serious responsibility. It entails special consequences. And it will have to be understood.
What are the rights of spouses in a civil marriage? The Family Code of the Russian Federation indicates that:
- The common-law husband and wife have the freedom to choose their activities and place of residence. That is, a person can work where he wants. Or do not work at all. He also has the right to live in any territory. Usually spouses live together.
- All questions regarding paternity and motherhood, parenting and training of children, daily life and disposition of property acquired in marriage, occur by mutual agreement. These topics are being addressed taking into account the equality of citizens.
- The responsibilities of the spouses include building relationships on the basis of mutual respect, equality. Husband and wife should do everything to improve the well-being of the family, maintain a favorable environment, and also support each other financially. It is most important.
- The choice of a surname is the right of the couple. At the time of marriage, citizens can decide which surname they should take - husband / wife or leave premarital. In some cases it is allowed to combine surnames. Usually women take the names of husbands.
But all of the above are not the only features. The Family Code contains many important rules regarding common-law marriage. What other key points should you pay attention to?
Property
For example, property issues. As practice shows, this topic very often causes controversy, especially with a divorce. Many do not know how to share property. The legislation of the Russian Federation helps to understand this.
In marriage, there are several types of property: personal and joint. The first type is everything that was acquired before the marriage and was issued for one or another spouse. Also, personal property includes everything that was transferred already in marriage under a gift contract, and is also intended for personal use (clothing, underwear).
But joint ownership is what is acquired in marriage. It does not matter who it is framed for. Personal property is not subject to division during a divorce; general property is divided. And at this moment certain disputes arise.
By law, all common property is divided in a ratio of 50/50, that is, in half. But at the same time, it is possible to establish a special principle for the separation of all acquired together. This is done using a marriage contract. It is concluded with a notary at any time after registering a relationship with the registry office. It spells out the rules for dividing property.
Personal and General
A common-law wife or husband may recognize personal property (usually real estate) as common. This rule is prescribed by the laws of the Russian Federation. In which case is this possible?
If one of the spouses at his own expense (this is important!) Significantly improved the condition of the husband / wife's property, then such property is recognized in a joint court. For example, if major repairs were made in the house or restoration.
It is worth paying attention: the finances that each spouse receives in the form of earnings are considered common. But the inheritance and donated money are personal. This factor will have to be taken into account.
About the inheritance
The inheritance of a common-law husband or common-law wife is generally not recognized as common property. In fact, this property is what it was supposed to be before marriage. But under certain circumstances (they have already been mentioned), it is possible to transform the inheritance into common property.
In addition, it is worth paying attention to: common-law spouses are heirs of the first stage. If the husband / wife dies, part of the property is inherited by the wife / husband, respectively. Also, the parents of the deceased and all the children of the person, both adults and minors, claim the property.
There are no more features. We can say that a common-law husband has the right to act as an heir after the death of his wife, and vice versa. But only if the relationship was truly officially registered.
About children
Special attention is required to issues related to children, mainly minors. All children born to a couple in a common-law marriage are automatically recognized as common. That is, the husband, even if he is not a biological father, will be entered with a certificate of marriage in the first document of the child as a pope.
If marriage is not the first, then the children of a civil husband or wife from a previous relationship are stepsons and stepdaughters. They are not considered to be relatives of the next spouses. The new wife has no rights and responsibilities in raising a child.
In order for the child of one of the spouses to be considered officially the toddler of the couple equally, it is necessary to undergo the adoption procedure. Then the wife (in the case of a man having children from a previous marriage) is assigned the rights of the mother. And she, along with her husband, will have to take care of the minor, bring him up as a native. Without adoption, children from previous marriages in relation to new spouses are strangers.
It is worth noting: nobody takes responsibility for the maintenance and care of a child even after a new marriage. And if the common-law husband had minor children earlier, he will have to pay at least child support for maintenance. He, but not his new wife.
Popular understanding
Nevertheless, it has already been said: there is a different interpretation of civil marriage. Formally registered relationships in people are called simply "marriage." And civilians quite often mean ordinary cohabitation.
Thus, a common-law wife is a cohabitant of a man. The couple leads a common life, can plan children, but at the same time they are not connected by official relations. For some (especially for men) this technique is very convenient. Why?
If you think about what rights a common-law wife has, then you can answer - none. Only those that each person personally has. But as a wife, a woman has no rights, just as a man does not have the rights of a husband. At the same time, a woman usually performs all the functions of a real wife - provides life, quite often earns money and distributes it to "family" needs. But cohabitation does not imply any responsibility to each other. People are in a “want-split” relationship.
Such "spouses" cannot act as heirs; property is considered to belong to the person to whom it is registered. No liability. Cohabitation, or, as it is called, civil marriage, is an illusion of the family. In fact, two strangers just live in the same apartment.
What to choose
Many people think that it is better - civil marriage or cohabitation (in the legal sense). It’s hard to decide. It all depends on the intentions of the people. The common-law husband is the official representative of the family, hope and support. The person who is responsible for the children and the wife. A roommate is simply a man whom a woman cares for.
The official conclusion of the relationship is their logical continuation. This is the real creation of the family. Nevertheless, cohabitation is an intermediate period between the stages of “just a couple” and “official family”. It is recommended not to delay it. And formalize the relationship officially in the registry office.
The most important thing is not to confuse what kind of understanding of civil marriage is in question. The legal framework for these concepts has huge differences. And you need to remember: only officially registered relationships give spouses certain rights and obligations!