What is a "civil marriage"? How much to use such a concept about the cohabitation of citizens and what legal status in cohabitation?
In Russian legislation, a marriage is understood by the relations of men and women registered in the bodies of records of acts of civil status (registry office), which is confirmed in paragraph 2 of Art. 1 of the RF IC. Strictly speaking, civil marriage is an official marriage in the Russian Federation. What is referred to as a civil marriage on the household level is actually defined as cohabitation. There is no legal status in the cohabitation of legal status, so when the question arises to recognizing the fact of the cohabitation of citizens, then it is solved solely in court, with the collection of evidence of the fact of cohabitation.
Lawyer Vitaly Rezzin
What if the cohabitation is terminated and need to divide the common property?
Since the cohabitation of the Family Code of the Russian Federation is not regulated, property acquired by citizens during the cohabitation period can be either personal belonging to one of the cohabitants or in common ownership (and not in general joint ownership as officially marriage). That is, if the property is in total ownership, it is divided between the cohabitants in proportion to shares. If it belongs only to one of the cohabitants, it remains its property, it is impossible to divide it. As for the property, the exact belonging of which is not installed, then for its separation, it is necessary: 1) to establish the fact of cohabitation, 2) to prove the fact of joint economy, the formation of a joint budget, 3) to prove that this property was purchased for joint money. This can be done by submitting documents on the income of the cohabitants, about payments under loan agreements and so on. The chance of the property in this case is present, but without the help of a qualified lawyer or a lawyer and without a trial with the collection of all evidence in this case can not do.
How is the fact of cohabitation proved? What does that require?
Let's start with the fact that in itself the fact of cohabitation or "civil marriage" is not proved. This is a measure required for the property section, the establishment of paternity or the receipt of inheritance. To the lawsuage to the court to establish the fact of cohabitation, any documents and certificates capable of confirming this fact are attached. For example, it may be the testimony of neighbors, relatives, friends and acquaintances, documents for property acquired in common ownership, the birth certificate of joint children and so on. In the very evidence of the cohabitation there is nothing impossible, but it is necessary to close to the case and acquire as much proof as much as possible.
Does the welfarers bear the same responsibility for the content of their children, like official spouses?
Responsibilities for the content and upbringing of their children are carrying parents, regardless of the fact of marriage registration, termination or lack of marriage as such. If the paternity of the citizen is established, then he is a father and carries all the obligations established by law. But in the cohabitation to establish paternity more difficult than official marriage. It's one thing if the father together with his mother appeared to the registry office and confirmed paternity himself, and another thing, if the father is recorded with the words of the mother. In this case, paternity will have to be installed. While it is not established, no duties for the maintenance or education of a child in a person who cohesive with the mother's mother does not arise. They appear only