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Tuesday, February 20, 2018

To equate Russia cohabitation and marriage: what does foreign experience


MP Anton Belyakov to the state Duma introduces a bill introducing the Family code, the concept of “actual marriage”, equating marriage and cohabitation. This initiative has already caused a storm of emotions. Under the bill, to cohabitation was recognized as a La marriage of five years to live together or have a child in common.


photo: pixabay.com

The Senator quoted the Ministry of labor, according to which 2016 was the year with the minimum number of officially registered marriages in our country over the last 20 years.

— Our compatriots do not consider the stamp in the passport is a necessary condition to create a full family, — said Anton Belyakov press. — Moreover, as shown by recent polls, Russians do not even share the concept of marriage and unregistered marriage, official.

According to the lawyer Stalin Gurevich, people often do not pay attention to the legal side of their relationship: they fall in love, live together, bear children.

And here’s another interesting observation: people who lived for only six months, consider themselves husband and wife. And it seems familiar — they’re family. Although legally it is not backed up. So this bill would be very useful in Russia, it would solve many problems. In the West citizens, if cohabiting, do not consider themselves husband and wife, and call themselves “boyfriend” “girlfriend”.

According to the lawyer, the new bill if it is adopted, will cause significant legal consequences. Now you can live together for 20 years to have children, but no inheritance, nor division of property upon separation claim is impossible.

According to the new law in cohabitation for five years or for two years if there is a common child common-law partner can own joint property, to inherit, to visit a loved one in the hospital, intensive care, etc. to Prove that the lovers lived together, very easy. First, there may be witnesses who will confirm this fact. In addition, cohabitation is confirmed by the General receipts, contracts, Bank transactions, photos, joint holiday.

– With the adoption of this law can begin to address the question of recognition of the marriages of gay people, says Stalin Gurevich. And, although we have in Russia, gay propaganda is forbidden, I believe that these people must also be protected. Perhaps lawmakers will fix the term “domestic partnership”. It is under this definition may include homosexual people living together. Then the legal consequences of such a relationship is also solved.

Although I believe that this bill Belyakova is unlikely to be adopted. Because in Russia the strong sentiments of the people who support traditional values, and for them the stamp in the passport is priority.

How do they have ?

In some countries, the government recognizes a civil partnership — but not necessarily for all. Most often this form of Union of two people is introduced primarily for gay couples. For example, a year ago in the UK London court of appeal refused to satisfy the complaint of a heterosexual couple, which is not allowed to register a civil partnership. Not wanting to enter into a traditional marriage, Rebecca Steinfeld and Charles Kaden, who live together for more than seven years and bringing up her young daughter insisted on official registration of their relationship in a civil partnership to obtain the appropriate legal rights. But the court held that a condition of entry into a civil partnership is a same gender partners.

In Germany , the law recognizes legal effects only for the registered marriage or civil partnership (for same-sex couples). But along with these forms of unions, there is the Institute “Brampton life communities”, partially protected by law. The actual spouses may conclude a contract governing their property relations (e.g. the right of one partner to enjoy the things of another without providing replacement of consumable things; equal participation of partners in the cost of hiring premises for living together, etc.).

Ten years ago between members of the ruling German coalition agreement was reached on the fact that illegitimate children have the same right to receive financial aid from the parent who left the family, and children born in registered marriage. While the social Democrats had to overcome the resistance of the conservatives from the CDU/CSU, who believed that such an order threatens to undermine the authority of traditional marriage.

In France from 1999 is the so-called “civil contract of solidarity” (PACS). It provides both homosexual and living outside of heterosexual marriage (in the French case, they constitute the vast majority of “users” of the Treaty) pairs some minimal personal and property rights.

In fact, it is the contract that is between two consenting adults by individuals who are not married and are not close relatives, to organize their life together. Person who has entered into such a contract, must live together, but the main difference between this form of cohabitation to traditional marriage is a “civil contract” may be terminated automatically at the request of one of the partners. By the way, that this Union was in due time the ex-President of the Fifth Republic, Francois Hollande and Segolene Royal.

Cohabitation want to equate to a formal marriage: does this apply to gays

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