The concept of common-law marriage is increasingly permeating Ukrainian society, where people live as a family without formalizing their relationship through an official marriage or any other form. This practice is undoubtedly gaining popularity, as many believe that a common-law marriage does not create the same legal and obligatory ties as a formal marriage.
However, when such a partnership ends, issues arise related to the division of property acquired during the time the couple lived together in a common-law marriage. Disputes often arise that require careful resolution, especially if a significant amount of property has been accumulated. These situations demand thorough attention and a clear legal framework to resolve conflicts.
Although a common-law marriage may seem less formal, it can have serious consequences regarding the distribution of property and the resolution of other legal issues when such a relationship dissolves. Establishing the fact of a common-law marriage can be a complex and significant procedure, especially in cases where legal issues need resolution. In such situations, it is crucial to seek assistance from a qualified lawyer experienced in family and civil law.
One of the main reasons to consult a lawyer is the need to establish the fact of a common-law marriage in situations where there is no official documentation confirming the marriage. For example, if a couple has lived together for a long period but has not formally registered their marriage with the authorities, establishing the fact of the marriage can be an important step in protecting the rights and interests of each partner.
In essence, a common-law marriage involves two people living as a family without being legally married. The main characteristics of a common-law marriage include living together, managing a joint household, and the absence of formal registration of the relationship with specific state agencies (such as the Civil Registry Office).
Regarding the legal force of a common-law marriage, the most significant aspect is the legal status of jointly acquired property. While the legal framework is clear for formal marriages, common-law marriages often present questions that people consult lawyers about. This includes property division upon separation, inheritance, and other related circumstances.
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According to the current Family Code of Ukraine, couples living together without officially registering their marriage (common-law marriage) are considered a family regardless of whether they have children together. In this regard, they have certain obligations toward each other, such as the right to jointly owned property, the distribution of debt and credit obligations, and inheritance rights.
If both partners agree to officially recognize their family, they can do so through a special procedure. This involves submitting a statement to the court indicating the duration of cohabitation and requesting the official recognition of their family, supported by various forms of evidence (such as personal correspondence, lease agreements, notarized witness statements, joint photographs, videos, etc.).
If neither partner withdraws their statement during the court proceedings and both confirm their intention to attest to their family status, the court decides on the fact of their cohabitation as a family.
The Lawyers and Realtors Association of Ukraine (AROU) provides legal protection and reliable representation for its clients in establishing the fact of a common-law marriage.
