Living together without official marriage — what rights you lose by law

Entering into marriage in Ukraine not only creates new family relationships but also clearly defined rights and obligations for each spouse established by law. The law regulates who has the right to marry, in which cases a marriage can be declared invalid, how the surname is chosen after marriage, and what guarantees the husband and wife have regarding parenthood, maternity, financial support, and personal freedom. At the same time, the legislation emphasizes that only an officially registered marriage creates mutual rights and obligations of spouses, whereas cohabitation without registration or a religious ceremony alone does not have such legal consequences.

What is marriage and when do the rights and obligations of spouses arise

According to the Family Code of Ukraine, marriage is a family union of a woman and a man registered with the civil status registration authority.

At the same time, living together as one family without state registration of marriage is not a basis for the emergence of rights and obligations of spouses. Similarly, a religious marriage ceremony by itself does not create such legal consequences.

State registration of marriage is introduced to ensure the stability of family relations, protect the rights and interests of spouses and children, as well as in the interests of the state and society.

The right to marry belongs to persons who have reached 18 years of age. A mandatory condition is the voluntary and free consent of the woman and the man.

In addition, the betrothed are obliged to inform each other about their health status.

Marriage is the basis for the emergence of rights and obligations of spouses, but by itself cannot be a basis for granting a person benefits, privileges, or restricting their constitutional rights and freedoms.

Which surname can the betrothed choose after marriage

After registering the marriage, the spouses may:

• choose the surname of one of them as common;
• each keep their premarital surname;
• add the surname of the other spouse to their own.

If both wish to have a double surname, they independently determine the order of its writing. At the same time, the law does not allow the composition of more than two surnames unless otherwise provided by the custom of a national minority.

If one of the betrothed already had a double surname before marriage, he or she may replace one part of it with the surname of the other spouse.

Even after registering the marriage, spouses who kept their premarital surnames have the right to later apply to the civil registration authority with a request to choose a common or double surname.

Who cannot enter into marriage in Ukraine

Ukrainian legislation provides a number of prohibitions on entering into marriage.

A person may only be in one registered marriage at a time. The right to remarry arises only after the termination of the previous one.

Marriage is not allowed between:

• relatives in the direct line of kinship;
• full or half siblings;
• first cousins;
• an uncle or aunt and a nephew or niece;
• an adopter and the adopted child.

In which cases is a marriage declared invalid

A marriage is invalid if it was registered:

• with a person who is already in another registered marriage;
• between persons who are relatives in the direct line of kinship;
• between full siblings;
• with a person recognized as legally incapacitated.

The court may also declare a marriage invalid if it was concluded without the free consent of one of the spouses.

Consent is not considered free if, at the time of marriage registration, the person due to severe mental disorder, alcohol, drug, or toxic intoxication did not understand the significance of their actions or could not control them. Similarly, this applies to cases where the marriage was concluded under physical or psychological coercion.

A separate ground for declaring a marriage invalid is its fictitiousness.

A fictitious marriage is one concluded without the intention to create a family and acquire the rights and obligations of spouses.

What rights do wife and husband have

The Family Code establishes equality of rights and obligations of women and men in family relations.

The wife has the right to motherhood. The husband's unwillingness to have a child or his inability to conceive may be grounds for divorce. If a woman was deprived of reproductive function due to performing official, labor, or constitutional duties or as a result of unlawful actions against her, she has the right to compensation for moral damage.

During pregnancy, conditions must be created for the wife to preserve her health and give birth to a healthy child, and for the mother to combine motherhood with other rights and obligations.

The husband has the right to fatherhood. The wife's refusal to give birth or her inability to bear a child may also be a reason for divorce. If the husband was deprived of the ability to perform reproductive functions due to performing official or constitutional duties or as a result of unlawful behavior towards him, he also has the right to claim compensation for moral damage.

Each spouse has the right:

• to respect for their individuality, habits, and preferences;
• to physical and spiritual development;
• to obtain education;
• to realize their abilities;
• to create proper conditions for work and rest;
• to freedom and personal inviolability;
• to free choice of place of residence.

How joint family matters are resolved

Spouses have the right to independently distribute family duties between themselves.

All the most important family life issues must be resolved jointly and on the basis of equality. At the same time, each spouse has the right to object to being excluded from decision-making regarding family life.

Financial support and the right to maintenance

The law imposes a mutual obligation on the wife and husband to financially support each other.

A person who became disabled due to unlawful behavior of the other spouse has the right to maintenance regardless of the right to compensation under the Civil Code of Ukraine.

Special guarantees are provided for a pregnant wife.

She has the right to maintenance from the husband during pregnancy regardless of whether she works or not and her financial status, if the husband can provide financial assistance.

The same right belongs to a wife living with a child.

The right to terminate marital relations and prohibition of coercion

Spouses have the right to use any methods of maintaining marital relations that are not prohibited by law and do not contradict the moral principles of society.

At the same time, each spouse has the right to terminate marital relations.

The law explicitly prohibits coercion both to preserve marriage and to terminate it. Also, coercion to sexual intercourse by physical or psychological violence is a violation of the right to freedom and personal inviolability. Such actions may entail legal consequences provided by law.

What obligations are imposed on spouses

The wife and husband are obliged to jointly build family relations on the basis of mutual love, respect, friendship, and mutual assistance.

The husband must establish respect for the mother in the family, and the wife — respect for the father.

Each spouse is responsible to the other spouse and other family members for their behavior and is obliged to jointly care for the material support of the family.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, page on Facebook and on Instagram to stay informed about the most important events.