Lawyer explained what risks couples without a stamp in their passport face

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For the law, only a marriage registered at the Civil Registry Office exists

— Under the law of the Republic of Belarus, an unregistered union (colloquially — "civil marriage," legally — cohabitation) does not generate the same rights and obligations as an official marriage. The Code of the Republic of Belarus on Marriage and Family recognizes only a union registered at the Civil Registry Office. In this regard, cohabitation entails a number of legal difficulties, — explained Dmitry Vakshel to "Minskaya Pravda."

Upon separation, property may remain with only one partner

For example, it is important to understand the legal consequences of each step: in case of separation, a legal wife and a common-law wife will find themselves in completely different legal conditions.

— In a divorce between spouses in a registered marriage, in the absence of a marriage contract, their shares in jointly acquired property are a priori recognized as equal, regardless of whose name the purchase is registered under or who contributed the funds. Those living without registration cannot demand property division, as they are legally and factually strangers to each other, — the lawyer interprets the law.

How to protect yourself when buying an apartment or a car

In a civil marriage, property belongs to the person in whose name it is registered, and the other party is left with nothing.

— Any purchases, be it vehicles, real estate, interior items, household appliances, personal belongings, valuables, acquired by one of the partners with personal funds outside of marriage, are exclusively their personal property. Only the literate behavior of a couple living in a civil marriage allows solving a whole complex of legal problems upon separation, — the specialist explains.

Despite the lack of protection for the interests of such couples in the Code on Marriage and Family, relationships can be built legally correctly using the norms of civil legislation.

— Thus, the main safety rule is: the purchase must be registered in both names. Upon registration of the transfer of ownership, each partner will be issued their own certificate of state registration of the right of ownership to a share. Each partner will then be able to sell, exchange, donate, bequeath, or inherit their share according to the law, — notes Dmitry Vakshel.

Debts are also not divided

In a civil marriage, no one is obliged to be responsible for the debts of the other. Accordingly, one has to rely only on their own strength.

— For example, if you took out a loan or damaged someone else's car, and your common-law husband refused to help you, only you will pay, and no one else. In an official marriage, in the case of the same loan, both spouses will have to repay it, as everything is common to them: both income and debts, — the lawyer explains.

A common-law spouse is not considered an heir

Also, a common-law husband/wife is not a first-priority heir (unlike official spouses).

— First-priority heirs by law are children, spouse, parents. If a partner was not working, was incapacitated, and was dependent on the deceased for at least a year before death, only then can they claim an inheritance, — the specialist explains.

The only way to protect a partner is a will

The only reliable way to protect a partner is to draw up a will in their name.

— The rights of children born in an unregistered marriage are equated to the rights of children in a legal marriage if the father recognized the child (paternity is established). If the father is not recorded, alimony can only be recovered through establishing paternity in court, — concluded Dmitry Vakshel.

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