Lecture
Not to be confused with civil marriage.
Unregistered marriages (also actual marriages , informal marriages , de facto marital relations ( legal ), marital relations ( legal ), etc.) are relations between partners living together (cohabiting) that are not arranged in the manner prescribed by law as a marriage.
In some countries, partners (including same-sex) who are in unregistered marital relationships, under certain conditions stipulated by the state, have a certain list of rights and obligations to each other. Some countries (for example, France) offer partners who do not wish to enter into marriage, a facilitated form of marriage in the form of a civil partnership - a legal institution, on the status of being between an unregistered and a registered marriage.
The Russian law on family and marriage lacks the concept of “actual marriage” (part 2 of article 1 of the Family Code of the Russian Federation “recognizes a marriage entered into only in the civil registry office”). However, the absence of a term and the qualitative characteristics of this term in regulatory acts does not exclude the use of the terms cohabitation and actual marital relations in the acts of the judicial authorities of Russia, which suggests that it is permissible to use these terms.
In colloquial speech, the concept of civil marriage is often mistakenly used to describe such relationships, although according to the definition of TSB, a civil marriage is a marriage arranged in the relevant government bodies without the participation of the church [1]. Civil marriage unregistered relations began to be called in the Russian Empire in the XIX century, since the only officially recognized form of marriage was then church marriage and people living together without its conclusion, called their relationship a civil marriage [2].
The term “de facto marital relations” was introduced into legal use with the adoption of the Labor Code (Marriage, Family and Guardianship Code) of the RSFSR in 1926. Until 1944, joint farming and general residence were considered sufficient condition for declaring an actual marriage “real” - with all following rights and obligations [ source not specified 1097 days ].
By decree of the Presidium of the Supreme Soviet of the USSR of July 8, 1944, de facto marital relations were no longer valid. Persons in whom they were held were given the opportunity to register a marriage, while indicating the duration of the actual life together. If such registration turned out to be impossible, since one of the actual spouses died or went missing on the front during the Great Patriotic War, then by the Decree of the Presidium of the Supreme Soviet of the USSR of November 10, 1944, the other actual spouse was granted the right to apply to the court for recognition his (or her) spouse of the deceased or missing person under the previous legislation.
But the current Family Code of the Russian Federation, like KBS (Marriage and Family Code) of the RSFSR of 1969, does not contain the terms “actual marriage”, “actual marital relations”. To designate persons who have been or have been in extramarital relations for some time, the words “persons who are not married to each other” and “living in family life” are used here.
According to the current Family Code of the Russian Federation, unregistered cohabitation of a man and a woman does not give rise to marriage rights and duties, although the rights of children born in wedlock are no different from those of children born out of wedlock.
Also, after the adoption of the Family Code of the Russian Federation in 1995, any evidence was sufficient to recognize paternity, confirming with certainty the origin of the child from the defendant. The most reliable of these is genetic examination. It should be noted that the norms of the Family Code of the Russian Federation (except for articles 34-37) are not retroactive and do not apply to the establishment of paternity of children born before March 1, 1996.
The property acquired in a de facto marriage is not joint by default. In the case of termination of cohabitation by the owner of the property (car, apartment, etc.) will be the person for whom it is issued [3]. Also, bank loans taken in the actual marriage, are considered obligations of the cohabitants to whom they are issued.
The number of people living in the actual marriage is growing throughout the world, and does not have a clear dependence on the standard of living in a given country. For example, back in 1960, about 5% of children in the United States were born to unmarried women, but already in 1980, this figure reached 18%, and in 2009, 41% [4]. In Europe, the percentage of actual marriages has also steadily increased over the past decades. According to Eurostat, in 2011, 37.3% of all births in 27 EU countries were extra-marital [5]. Most of the children were born out of wedlock in Iceland (64.3%), Estonia (59.7%), Slovenia (56.8%), Bulgaria (56%), Norway (55%), Sweden (54.2%) and France (55%). Other European countries with a high birth rate are Belgium (49%), Denmark (48.6%), Great Britain (46.9%), Latvia (43.7%), the Netherlands (43.3%), Hungary (42 , 2%), Czech Republic (41.8%), Finland (40.8%), Austria (40.4%), Slovakia (34%), Germany (33.5%). Slightly lower proportion of extramarital births in Greece (8.1%) and Cyprus (15.2%) [5]. In Russia, almost every third child (30%) was born out of wedlock in 2010 [6].
However, the leaders in extramarital affairs are Latin American countries, despite the high proportion of religious Catholics in these countries. According to the UN, in 1998, between 55% and 74% of children in Latin countries were born out of wedlock, and this became the norm rather than the exception [7]. Thus, the proportion of children born out of wedlock was 41.5% in Mexico, 43.6% in Chile, 45.8% in Puerto Rico, 48.2% in Costa Rica, 52 in Argentina 7%, in Belize - 58.1%, in El Salvador - 73%, in Panama - 80% [7].
Extramarital births are much less common in Asia: in 1998 their percentage in Japan was 1.4%, Israel - 3.1%, China - 5.6%. However, in Uzbekistan it then reached 6.4%, Kazakhstan - 21%, Kyrgyzstan - 24% [7].
Germany
Percentage of children born to women who are not married (of the total number of newborns) by country, compared to 1980 and 2007 [8].
In Germany, along with marriages and same-sex civil partnerships in German law, there is an institution of "marriage-like life communities" (German eheähnliche Lebensgemeinschaft ), also called "extra-marital life communities" (him nichteheliche Lebensgemeinschaft ). These marriage-like communities (both diverse and same-sex) form, under certain conditions, a “single vital community” (German Einstehensgemeinschaft, Bedarfsgemeinschaft ), partially protected by law.
German law only recognizes legal consequences for a registered marriage or civil partnership (for same-sex couples). However, German judicial practice considers the entry into a de facto marriage as the formation of a civil law society, that is, an association of persons who are not a legal entity but who are entitled to have separate property. In this case, actual cohabitation is recognized by the internal society (Innengesellschaft). This means that the relevant rules on society apply only to the relations of the actual spouses among themselves, but not with third parties. Actual spouses may conclude an agreement regulating their property relations, but may not include provisions in the partnership agreement that affect the interests of third parties or the state (provide for the right of one of the actual spouses to make transactions on behalf of the other without power of attorney, etc.).
Typically, such contracts are called partnership agreements, their samples are published. They include, for example, the following provisions: the right of one partner to use the things of another without providing replacement for consumed things; equal participation of partners in the cost of renting a dwelling for cohabitation; the obligation of the partner dissolving the actual marriage to leave such premises and the obligation of the other partner to release him from the next month after departure from the cost of housing; common share ownership of household items acquired during the period of cohabitation and their division upon termination of cohabitation in such a way that each partner has the opportunity to further maintain a separate household. The terms of the partnership agreement must not contradict the “good morals”, for example, impose a duty to pay damages or pay a penalty in the event of a unilateral termination of cohabitation.
Ecuador
In Ecuador, in 1982, the law “On the regulation of actual marriage” was adopted, according to which “permanent and monogamous actual marriage lasting more than two years between a man and a woman free from a marriage union to live together, bear children and provide each other mutual assistance , gives the basis for the formation of common property ". Everything related to the common property in the actual marriage is governed by the norms of the Civil Code of Ecuador on the marital community. In this case, the permanent management of the community is carried out by the cohabitant who is authorized to do so by an official certificate, and if there is no authority, the man is ruled by the community. The same procedure applies in Ecuador with respect to legal marriage. Article 0 of the Law of Ecuador “On Regulation of Actual Marriage” prescribes applying to the survivor, who was in a de facto marriage, all the rules on inheritance by law, provided for by the Civil Code of Ecuador, as if he were a spouse. Article 11 provides those who “in accordance with this law established a de facto marriage” with the right to all the benefits provided by the tax and pension legislation for spouses.
The commonality of property in a de facto marriage under this law is terminated in the following cases: a) by mutual consent of persons in it, expressed in public letters or before a judge in civil matters; b) at the behest of one of the cohabitants, and also expressed in writing before the civil affairs judge and informed the other cohabitant in compliance with a specific procedure; c) in case of entering into marriage with a third party; d) in case of death [3].
Nowadays, the actual marriage takes an increasingly important social role in the institution of the family. According to the report of the American Center for Disease Control and Prevention, more and more often young people prefer actual cohabitation with each other and do not formalize their relationship in legal terms [9].
In christianity
From the very moment of the emergence of Christianity, the competing relationship allowed by Roman law was not approved [10]. Christians, marrying under the civil laws of the Roman Empire, tentatively asked him for the blessing of their bishop. The intention to enter into marriage was announced in the Church before the conclusion of a civil contract. St. Ignatius the God-bearer in the Epistle to Polycarp of Smyrna writes:
 | And those who marry and marry must enter into an alliance with the consent of the bishop, so that the marriage be in the Lord, and not out of lust. May all be in the glory of God. |  |
Tertullian wrote that true marriage was committed before the Church, was sanctified by prayer and sealed by the Eucharist. Thus, Christians were married through a church blessing, and through a legal contract adopted in the Roman state.
St. Basil the Great, in his canonical rules, approved as church-wide by the 2nd rule of Trullan Cathedral, directly equates cohabitation with fornication:
| Fornication is not a marriage, and not even the beginning of a marriage. Therefore, who have congregated through fornication, it is better to separate, if possible. If, in every possible way, coexistence (concubine) is kept, then yes they will receive penance fornication: but they will remain in the marriage home, and it will not be worse than that (26th rule of St. Basil the Great) | |
59 rule of sv. Basil the Great prescribes to excommunicate fornicators from the sacrament for seven years as a penance, but apparently such strict penance was imposed quite rarely.
Among the later Byzantine canons there are softer views. So, Matthew Vlastar, hieromonk from Soluni, in his work "Alphabetical Syntagma" believed:
| A concubine is considered legal: for having an honest woman as a concubine and openly doing it seems to have her as a wife; otherwise, he is sinning towards her by fornication (M. Vlastar. Syntagma. P. ch. 17). | |
Currently, the Russian Orthodox Church recognizes legal civil marriage:
| During the period of the Christianization of the Roman Empire, the civil registration still legitimized marriage. Sanctifying marital unions with prayer and blessing, the Church nevertheless recognized the validity of a civil marriage in cases where a church marriage was impossible, and did not subject the spouses to canonical bans. The Russian Orthodox Church currently adheres to the same practice. [eleven] | |
Patriarch of Moscow and All Russia Alexy II said:
| It is necessary to greet a woman who has decided to give birth to a child and raise a child, to help her in every way, to protect her from oblique views and condemnation of the crowd. In our time, this is heroism. Especially when you consider that many very prosperous women refuse to have children at all, considering them an unnecessary burden. As for men who incite women to abortion or leave them with children, the Church condemns them, as does society. ”[12] | |
Criticizing priests who refused to baptize illegitimate children, Pope Francis argued that unmarried mothers did the right thing, giving life to a child, rather than having an abortion, and that the Church should not shun them [13] [14] [15]. He said:
| There are some priests in our church district who do not want to baptize the children of single mothers, because these children were not conceived in the sanctity of marriage. These modern Pharisees. These are the ones who clericalize the church. Those who want to separate the people of God from salvation. And the poor girl, who, instead of returning the child to the sender, had the courage to bring him into the world, is forced to go from coming to coming to baptize him! ”[13] [14] [15] | |
See also: marching field wife and marquisant
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Interpersonal relationships
Terms: Interpersonal relationships