When conflicts, breakups, or instances of violence arise, these women face a lack of legal support: they are not official spouses and often fear seeking help from law enforcement due to threats and dependence on their partners. Issues of domestic violence, property disputes, and the fate of children in these de facto unions remain uncertain within the legal framework.
Correspondent 24.kg discussed with judges of the Bishkek City Court, Gulzat Absatarova, what rights women in de facto marriages have and how courts handle the protection of these rights.
— Gulzat Absatarovna, why have de facto marital relationships become such a relevant topic in our time?
— Yes, de facto marital connections have ceased to be exceptions and have become a regular part of societal life. People live together, manage a common household, raise children, without emphasizing the need for official registration. The problem arises when a couple faces conflict or separation, and the woman realizes that her rights are extremely weakly protected from a legal standpoint. Therefore, legal literacy and access to justice are becoming especially important in modern conditions.
— Many believe that cohabitation is equivalent to official marriage. Is this really the case from a legal perspective?
— This is a common misconception. According to the family legislation of the Kyrgyz Republic, the rights and obligations of spouses arise only from the moment of marriage registration in the civil registry office. De facto cohabitation, even if it is long-term and accompanied by the birth of children, does not create a legal status of joint property and does not provide the same guarantees as official marriage.
— What property difficulties do women face after the end of such relationships?
— First of all, there are problems with the division of property. Women are not considered spouses and cannot claim a share in the jointly acquired property. To protect their interests, they need to prove their contribution: this can be financial support, as well as participation in the repair or improvement of the common housing.
This process is quite complicated, as the burden of proof lies entirely on the women. In such cases, the norms of the civil code regarding joint ownership or unjust enrichment are applied, which significantly complicates the protection of rights.
— What about inheritance if one partner dies?
— The situation is even more complicated in this case. A woman who was in a de facto marital relationship has no inheritance rights under the law. She can only claim property if there is a will. Without it, all property passes to legal heirs, leaving the woman without means of subsistence, regardless of the duration of cohabitation.
— What about children? What problems arise when claiming alimony?
— If the marriage is not registered and paternity is not established, the mother cannot immediately file a claim for alimony. First, it is necessary to establish paternity through the court, which requires providing evidence of cohabitation and the father's involvement in the child's life. This may include correspondence, witness testimonies, and even judicial genetic expertise. Only after paternity is confirmed can alimony be claimed, which directly affects the financial support of the child.
— Does a woman have the right to alimony for her maintenance while caring for the child?
— Unfortunately, no. According to family legislation, the right to maintenance during the care of a child under three years old exists only for registered spouses. In de facto marriages, this right is absent, highlighting the vulnerability of women in such relationships.
— Thus, women's contributions to the family often remain "invisible" to the law?
— Unfortunately, this is the case. Housekeeping, child-rearing, and supporting a partner have immense social significance; however, in the absence of official registration, such actions are not recognized as legally significant. Unlike a registered marriage, where this contribution is equated to material support and provides equal rights to joint property.
— What are the main problems that can be highlighted for women in an unregistered marriage?
— The main problems include:
— What would you advise women who are already in de facto marital relationships?
— First of all, I recommend registering the marriage if the relationship is stable. If this is impossible for any reason, it is important to formalize property in both partners' names and keep documents confirming participation in its purchase and improvement. It is also crucial to timely establish paternity regarding children. And, of course, when disputes arise, do not delay seeking legal assistance.
— Why do you think legal awareness is critically important for protecting women's rights?
— Access to justice is not only the ability to file a lawsuit but also knowledge of one's rights, understanding the consequences of decisions, and mechanisms for their implementation. Practice shows that women who receive legal advice in a timely manner have a much better chance of protecting their property and alimony rights. Only a combination of legal knowledge, effective judicial protection, and the development of law enforcement practices can ensure real equality in family and property relations.
