Why in a civil marriage need a contract of joint residence

Many people think that civil marriage is a great way to keep things simple. However, in pursuit of freedom and ease, couples who decide to abandon the stamp in their passport forget about the legal side of the issue.
Katerina Lysechko, coordinator of the practice of family law of the law firm Eterna Law, will tell you how to secure yourself in a civil marriage and why you need a co-residence contract.
Katerina Lysechko

In the modern world, many couples increasingly prefer not to bind themselves with the legal bonds of marriage, but to remain with their companion / companion in the so-called non-binding "free relations", which nevertheless imply coexistence and living. The reasons why the representatives of the weaker sex agree to such a relationship are not only strong feelings, but also the opportunity to arrange their life. Even the older generation believes that before legitimizing their relationships, young people do not interfere with living together and testing their feelings for strength in their harsh way of life.

Not free "free relations"

However, choosing such a model of “free relations”, many couples are mistaken that in this way they avoid responsibility to each other and do not bear any obligations. In fact, the difference between the usual cohabitation (the so-called civil marriage / cohabitation) from the legal marriage is only in the state registration of relations. Moreover, in this kind of relationship there are a lot of minuses and insidious legal traps.

Joint property

First of all, a number of questions arise related to determining the fate of the property acquired during the period of such relations.

The current legislation provides for this type of settlement of spouses' property relations, such as a marriage contract. However, based on the conditions of a marriage contract, persons who are not married or do not intend to enter into legal marriage cannot enter into a marriage contract, that is, settle their property relations by entering into an agreement between themselves.

How to be couples who live in the same family and have a joint household, how to protect their property rights without resorting to judicial procedures?
Katerina Lysechko

On this question, family law gives a concise answer, providing for only the type of possible contract between persons who live in the same family but are not officially married: an agreement on cohabitation and joint farming.

Unfortunately, the law does not provide for either the essential terms of such a contract or the specifics of its termination. But the presence of such a contract can help avoid a number of problems in the termination of the actual marital relations, as well as in the division of property acquired during the period of cohabitation.

In addition, a man and a woman who are not married to each other, but live in the same family, have the right to conclude any contracts between themselves that are not prohibited by law, including on common property.

Types of contracts

The law provides for the following types of contracts that may be entered into in a civil marriage:

1)about living together and managing a joint farm;

2)on the procedure for the use of property, which belongs by right of joint ownership;

3)on the division of property that is subject to the right of joint ownership;

4)on the allocation in kind of part of the property, which is in common joint ownership;

5)on the provision of each other cash content;

6)about the amount and payment of alimony for common children;

7)on termination of the right to alimony for children in connection with the transfer of ownership of real estate.

Mortgage with cohabitation

Actual in modern conditions for young couples is the issue of registration of real estate in the mortgage. Consider a few basic legal points. So, if a mortgage loan was obtained by one of the partners, living a civil marriage, then the borrower must repay the debt. If, at the same time, he spends only his own money, then after the separation, the premarital loan is considered a personal obligation, and real estate is, accordingly, his personal property, and no problems with real estate arise.

It should be clearly understood that feelings tend to pass. Remember: everything needs to be documented

If the general funds of a couple living in a civil marriage were involved, then the second partner can claim his part of the collateral property upon separation.And if he does not want joint ownership, he will be released from debt obligations, and also has the right to return the money invested. Consequently, in order to avoid legal misunderstandings, it is best to issue a mortgage on yourself (the partner) and pay the obligations yourself, then the right of ownership will be personal.

If you have “advice and love” and you have confidence in the future, write down in the mortgage agreement the right to joint ownership, share ownership with a clear definition of each share, but with a corresponding definition of liability and the size of payments of each of the partners. Subsequently, each will have ownership in accordance with the obligations.

Photo: Getty Images


By entering into a cohabitation agreement, the parties may include in it: a provision on the procedure for the use of housing, which belongs to one of the spouses on the right of private property; about the release after the separation of the dwelling of those of the partners who moved into it in connection with cohabitation with the payment of monetary compensation or without it, and the like.

Child Registration

A newborn couple can register on a joint application (separate statements from the mother and father). A father can apply for recognition of paternity either before the birth of a child or within a month after birth (before receiving a birth certificate).

Also registration of a child in a civil marriage can be made only at the request of a man who considers himself the father. The father can register the child and become the sole parent in the registry office, if the mother is recognized as incapacitated, does not show maternal care, does not live with the child for more than six months.

An unmarried couple can define the property rights and obligations of each other as parents. For example, they may conclude an agreement on the procedure for participation in the upbringing and maintenance of a child, where they will indicate who the children will stay with in case of separation or separation. The size and procedure for the recovery of alimony may be agreed upon, as well as the transfer of certain property to the child.

In defense of the stamp in the passport

Summing up, I would like to note thatwho prefers not to register their relations, one should know that such relations are not as “free” as it seems at first glance, and yet produce certain legal consequences. Therefore, when making your choice, you must take into account the legal aspect.

It should be clearly understood that feelings tend to pass. Remember: everything needs to be documented. Do not ignore the latest trends, such as the types of contracts mentioned in this article. The conclusion of a contract, of course, does not guarantee you a cloudless future, but in any case, it will cease to be ghostly and hazy.

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