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Publication date: 30.05.2024
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Publication date: 30.05.2024
According to the legislation of Ukraine, in particular the Family Code of Ukraine, persons living in the same family without marriage registration can acquire some rights and obligations similar to those of spouses, but with certain restrictions.
- Rights and obligations.
1. Property rights:
• Jointly acquired property during cohabitation without marriage registration is considered joint joint property, unless proven otherwise. This means that both people have equal rights to this property.
• Property acquired by each of them before cohabitation or received as an inheritance or gift during cohabitation is considered the personal property of the person who received it.
2. Personal non-property rights:
• The relationship between such persons is regulated on the basis of mutual respect, love and support, as in the case of official spouses.
• The right to mutual moral support and care.
3. Duties regarding children:
• If a child is born to such persons, paternity can be established on the basis of a joint statement of the parents or a court decision.
• Both parents bear the same responsibilities for maintenance, education and development of the child.
4. The right to inheritance:
• If one of the partners dies, the other may be entitled to the inheritance based on a court decision that they lived together as a family without registering the marriage.
Important points.
• You may have to go to court to have the property recognized as jointly owned.
• Establishing the fact of living as one family without marriage registration may also require a court decision.
Recognizing the fact of cohabitation as a civil marriage - Thus, the legislation of Ukraine recognizes certain rights and obligations for persons who live together without an official marriage, but a court decision is often required to confirm these rights.
The Grand Chamber of the Supreme Court of Ukraine really expressed the position that establishing the fact of living in the same family of a man and a woman without registering a marriage in a separate proceeding is not intended to resolve legal disputes.
- The position of the Grand Chamber of the Supreme Court.
1. Separate proceedings:
• The purpose of separate proceedings is to establish legal facts that have legal significance, but by themselves do not create, change or terminate rights and obligations.
• This proceeding is not designed to resolve legal disputes. For example, separate proceedings may be used to establish the fact of birth or death of a person, rather than to resolve property or other disputes.
2. The fact of living with one family:
• Establishing the fact of cohabitation of a man and a woman without marriage in a separate proceeding may be necessary to further resolve legal issues such as inheritance rights or joint property rights.
• However, establishing this fact itself does not resolve the legal dispute. For example, if there is a property dispute between the parties, then this dispute should be resolved in a lawsuit, and not in a separate proceeding.
Practical implementation.
• 1. Property dispute:
If people who lived in the same family without marriage have a dispute about property, they must file a lawsuit in court, where the issue of the distribution of joint property will be considered.
• 2. Inheritance rights:
Establishing the fact of living in the same family can be important for inheritance rights. For example, in the absence of a will, a partner can claim inheritance as a family member.
Recognition of the fact of cohabitation as a civil marriage - Court of Ukraine emphasizes the importance of a clear distinction between the procedures of a separate proceeding and a claim proceeding. Separate proceedings are intended to establish facts, but not to resolve disputes of law. Therefore, in order to resolve such disputes, it is necessary to apply to the court with an appropriate claim.
