Lawyer for establishing the fact of living as one family without registration of marriage

Establishing the fact of living as one family without registering a marriage in Ukraine

In the modern world, couples are in no hurry to go to the registry office and often live in a civil marriage for many years. To protect their rights, the law allows recognizing the fact of living as one family without registering a marriage. Let us dwell in more detail on how to do this and what the consequences may be.

According to the Family Code of Ukraine, a family consists of persons who live together, have a common way of life, common rights and obligations. In fact, persons living without marriage registration are still a family and receive a number of mutual rights and obligations, including the right to maintenance, the right to inherit and others. At the same time, living in a civil marriage is not the basis for the emergence of rights and obligations inherent specifically to spouses.

It is possible to establish the fact of living as one family without registering a marriage only through a court in a special procedure, or in a suit. In the application (for a separate production), it is necessary to indicate why it is necessary to establish this fact, and how it is confirmed. The main condition for establishing the fact that one family lives in a separate proceeding is the absence of a dispute. If the court sees the existence of a dispute, then the applicant will have to file a statement of claim against the common-law husband.

As a rule, in most cases, the fact of living in one family without marriage registration is established for the purpose of dividing property in a civil marriage, inheritance or receiving a survivor’s pension. However, this fact can be established for any other legitimate purpose.

In the law firm Skryabina D.S. the following cost of services related to establishing the fact of living with one family without registering a marriage:

• drawing up and filing a statement of claim in court – from UAH 500;
• participation in 1 court session (with or without the applicant) – UAH 500;
• petitions, lawyer inquiries – UAH 200;
• conducting a case on establishing the fact of living as one family without registering a marriage on a turnkey basis – 3500 UAH.

Division of property acquired in a civil marriage in Ukraine

All property that was acquired by a man and a woman in a civil marriage, provided that they lived as one family, is their common joint property. Such property can be divided by voluntary agreement of the parties, or by filing a claim with the court.

Family lawyer in Ukraine

Scriabina Daria Sergeevna

Family lawyer

Our lawyers are often asked the question: How to establish the fact of living in one family with the testator? How to draw up a statement on the establishment of the fact of residence? What are the grounds for refusing to satisfy an application for establishing the fact of living as one family?

On our website advokat-family.com.ua you will find all the answers to your questions in the field of family law in Ukraine.

The right to inheritance in a civil marriage in Ukraine

In order to accept the inheritance of a deceased common-law husband, it is necessary to live with him as one family for at least five years prior to death. In this case, the common-law spouses become heirs of the fourth order.

Evidence of spouses living together in Ukraine

In this case, it is necessary to go to court and prove the fact of living together, maintaining a common life, family budget, etc. The evidence can be very diverse. For example, general photographs, acts of examination of an apartment indicating the fact that both parties live there, registration at the same address, joint bank accounts and any other data confirming the fact of living together in a civil marriage.

The rights of children in a civil marriage in Ukraine

If the child’s parents live in a civil marriage, this does not in any way affect the rights of such a child and does not limit him in any way in comparison with the situation when the marriage between the parents is registered. If another person is indicated as the father of the child in the birth certificate, or the father is not indicated at all, then the fact of living in a civil marriage with the mother does not give the man any parental rights or responsibilities.

Marriage between people of the same sex in Ukraine

The law clearly states that only a man and a woman can be considered spouses. Cohabitation of persons of the same sex can be recognized as living as one family, but only in terms of those rights and obligations that do not relate to married life.

Family lawyer when deciding cases on establishing the fact of living as one family without registration of marriage in Ukraine

In resolving a case on establishing the fact of li ving with one family without registering a marriage, the most optimal is to contact a family lawyer who will help you quickly and efficiently resolve the case in your favor.

Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.

The advantages of going to family law lawyers are:

• the promptness of resolving a case on establishing the fact of living with one family without registering a marriage;
• quick preparation of documents for their submission to the court;
• saving material and time resources in solving the case;
• the ability to resolve issues online.

Daria Sergeevna Scriabina

Family lawyer

The best way to save time and money when establishing the fact of living as one family without registering a marriage is to seek the advice of a good family lawyer!

Please contact our family lawyers if a positive result is important for you when establishing the fact of living as one family without registering a marriage.

If you do not know how best to act when establishing the fact of living as one family without registering a marriage – call our family lawyers and they will help you understand the situation!

Frequently asked questions to a lawyer in Ukraine

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