Difference Between Civil And Formal Marriage

Difference Between Civil And Formal Marriage
Difference Between Civil And Formal Marriage

Video: Difference Between Civil And Formal Marriage

Video: Difference Between Civil And Formal Marriage
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Anonim

There is a big difference between a formal marriage and a civil marriage. Many couples do not consciously register their relationship, while others rush to the registry office and then get divorced. Both of these institutions of the family have a right to exist, the question is how much they differ from each other.

Difference between civil and formal marriage
Difference between civil and formal marriage

Any tenth marriage is civil. Young people are in no hurry to register their relationships, but according to the official legislation, i.e. having legal force, only the marriage that was registered in the registry office is recognized. Neither civil marriage nor ecclesiastical union has legal consequences. This means that the rights of spouses are regulated by the norms not of the Family Code, but of the Civil Code.

If a couple decides to leave, then they will disperse in the absence of a marriage certificate, and that's it. A man and a woman do not have joint property, there is her and his. If the husband has acquired an apartment in an official marriage, then the wife, when dividing the property, can claim exactly half. And in a civil marriage, if equipment, real estate, a car and other property were bought and there is no tacit agreement to divide it equally in case of discord, it will be necessary to prove the fact of joint acquisition in court.

You can prove the fact of joint purchases with the help of attracted checks, witnesses, contracts.

You cannot draw up a prenuptial agreement in a civil marriage. A child born in a civil marriage has the same rights as a child from an official marriage. By law, the baby has the right to inheritance, to meet with his father, if there is a fact of recognition of paternity. If the parents cannot come to an agreement, the issue is resolved in court. If the father is not recorded in the marriage certificate, paternity must be recognized, then alimony must be filed. If the parties cannot agree on the baby's place of residence in any way, the issue is decided by the court.

In addition, if spouses living in a common-law marriage decide to adopt a specific child, they cannot do this, as it is stipulated by law.

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