Publication date: 16.04.2024
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In Ukraine, the fact of cohabitation may be important for the recognition of a civil marriage, but it is not the only criterion. According to the legislation of Ukraine, a civil marriage is considered to be entered into by mutual consent of a man and a woman who have reached marriageable age (18 years) and freely choose a partner among themselves to create a family.
However, cohabitation can be one of the proofs of such mutual agreement and intention to live as partners, recognition of the fact of cohabitation as a civil marriage. Other factors, such as mutual financial assistance, joint management of the household, joint upbringing of children, etc., may also be considered by the court for the recognition of a civil marriage.
According to Article 74 of the Family Code of Ukraine (SC of Ukraine), if a woman and a man live together, but are not married to each other or in any other marriage, the property they acquired during their cohabitation belongs to them under the right of joint co-ownership property, unless otherwise stipulated by a written agreement between them.
Therefore, in order to apply this article to property relations between such persons, they must meet the following criteria:
They are male and female.
They are not married to other persons.
Between them there are relations characteristic of spouses.
Such a de facto marriage gives them the right to establish the regime of the property that was acquired during cohabitation, including the procedure for using the separate property of each of them, as well as the rules regarding the costs of maintaining the property. There are significant differences between a registered marriage and a civil marriage concerning the way of proving family relations and property rights.
In the case of a registered marriage, proving family relations is quite simple - it is enough to confirm the fact of marriage registration, which is an official document.
However, in the case of a civil (de facto) marriage, as you mentioned, the participants need to prove the existence of real family relations, such as a joint household, participation in joint expenses for housing maintenance and other arrangements that prove the reality of family ties. Evidence of such a relationship may include verbal or written agreements, joint accounts, witness statements and other circumstances that confirm the fact of living together as spouses.
Article 1264 of the Civil Code of Ukraine establishes the right to inherit in the fourth line according to the law for persons who lived with the testator in the same family for at least five years before the opening of the inheritance.
After the inheritance is opened, a man or a woman who was in a de facto marital relationship with the deceased can apply to the court to establish the fact of a de facto marital relationship. Evidence of such relationships can be the presence of joint children, a certificate of registration at the address of the deceased, confirmation of joint household management from relatives and neighbors, and other circumstances that testify to the reality of actual marital relations. This article provides an opportunity for persons who were in a de facto marital relationship with the testator to protect their inheritance rights through the court process, even if they were not officially registered as spouses.
Please note that the law provides for the possibility of concluding a written contract between them, which may establish other conditions regarding property relations, so it is recommended to consult a lawyer for consultation and conclusion of such a contract, if necessary.
