Publication date: 24.04.2024
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Marriage is a contract between a man and a woman, which is registered in the state registry of civil status acts. Cohabitation, without corresponding marriage registration, does not automatically grant the status of spouses.
However, in some situations, Ukrainian legislation may take into account the fact of cohabitation for certain legal aspects, such as rights regarding property or children. For example, if a couple has been living together for a certain amount of time and has shared financial ties, this may be relevant to resolving certain legal issues in the event of a breakup. However, cohabitation in itself is not equivalent to a civil marriage in Ukraine.
Recognition of the fact of cohabitation as a civil marriage is not a sufficient basis for automatic recognition of marriage or a similar status. However, in some jurisdictions, cohabitation may be relevant to certain legal aspects, such as inheritance, property distribution, relationships with children, etc. In these cases, it is usually necessary to prove the fact of cohabitation, but this does not automatically mean that the marriage is recognized.
A civil marriage is a form of joint life between two people who have not entered into an official marriage before the relevant state authorities. The main signs of a civil marriage are:
Living in the same apartment or house: This means that two people live together as one family, jointly choose a place of residence and run a joint household.
Joint management: This includes joint management of the household, sharing of responsibilities and expenses, as well as joint use of property and resources.
Absence of registration of relations in the RAC: A civil marriage does not involve official registration in the marriage register or other state bodies, as is the case with an official civil marriage.
So, a civil marriage is entered into by actually living together, without the formal celebrations of a marriage ceremony and registration with state authorities.
According to the Family Code of Ukraine, if a man and a woman live together, but are not married, their property, which was acquired during their cohabitation, can be recognized as their common joint property, unless otherwise established by a written agreement between them. This means that if the property was acquired during cohabitation, it can be recognized as joint property of both partners, regardless of their official marital status. Here's more about it:
Relationship between a man and a woman: This is the first condition for the recognition of the property as joint co-ownership. They must have certain relationships that are typical of spouses or cohabiting partners.
No other marital relationship: Neither partner should have any other marital relationship. This means that both must be free from any other marital ties or obligations to other persons.
Relationships typical of spouses: Between a man and a woman there must be certain relationships that are characteristic of spouses or partners living together. This may include joint management of the farm, mutual support, joint resolution of financial issues, etc. If all these conditions are met, then the property can be recognized as the joint joint property of a man and a woman, regardless of their official marriage status. Ukrainian legislation provides for the protection of property co-ownership rights, even if the relationship does not have the status of an official marriage.
