Civil marriage in Ukraine: what rights do partners have without registration?

In Ukraine, cohabitation between a man and a woman without official marriage registration may create certain property rights. However, such relationships are not fully equivalent to a registered marriage, especially in matters of inheritance.

This is stated in the explanations of the Cabinet of Ministers.

There is no official concept of “civil marriage” or “civil marriage” in Ukrainian law. Legally, it refers to a de facto marital relationship when a man and a woman live as one family but have not registered the marriage with the Civil Registry Office.

For such a relationship, it is not enough to just have a common address. It is necessary to actually live together and have a common household. In the event of a dispute, the fact of living as one family can be established in court.

According to Article 74 of the Family Code of Ukraine, if a man and a woman live in the same family and are not in another marriage, property acquired during such residence may belong to them by right of joint ownership.

In the event of a dispute, this right must be supported by evidence. This may include documents of cohabitation, checks, receipts, proof of joint expenses, photographs, and witness statements.

The biggest difference between a formal and a de facto marriage concerns inheritance. A husband or wife are the first-line heirs by law, while a person who has lived with the testator in the same household for at least 5 years is considered a fourth-line heir.

Thus, cohabitation without registration may give partners separate property rights, but does not automatically provide the full range of rights and guarantees of an official marriage.

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