As a general rule, the family consists of persons who live together, are connected by a common life, have mutual rights and obligations.
A prerequisite for the recognition of persons as family members, in addition to the actual fact of living together, is the maintenance of a joint household, namely:
- availability of shared costs;
- a common budget;
- shared meals;
- purchase of property for common use;
- participation in the costs of maintaining housing, its repair;
- mutual assistance;
- the presence of oral or written agreements on the procedure for using residential premises;
- other circumstances that certify the reality of family relationships.
To establish cohabitation, the following are also taken into account:
- testimony of witnesses;
- documents on the place of registration of a man and a woman;
- documents confirming the acquisition of property, spending money on common needs.
The application for the establishment of such a fact is submitted in a separate proceeding to the local court at the place of residence of the applicant.
The statement should note:
- what fact needs to be established and for what purpose;
- reasons for the impossibility of obtaining or restoring documents certifying this fact;
- The evidence that supports it.
For filing such an application, a court fee of 0.2 subsistence minimum for able-bodied persons is paid.
