PROBLEMS OF THE LEGAL STATUS OF PARTNERSHIP RELATIONSHIPS WITHOUT MARRIAGE REGISTRATION

Abstract

The article examines partnership relationships without state registration of marriage as an important form of modern family relations in Ukraine. The spread of de facto marital unions is driven by the transformation of social values, a shift toward personal autonomy, equality of partners, and the desire for more flexible models of cohabitation. Under these conditions, the issue of legal regulation of partnership relationships becomes particularly relevant, as current legislation does not ensure an adequate level of legal certainty or protection of the rights of persons who live as one family without registering a marriage.

The paper provides a comprehensive analysis of the provisions of the Family Code and the Civil Code of Ukraine that indirectly regulate the legal status of partners. Particular attention is paid to regulations concerning the property rights of individuals in de facto marital relationships, including the conditions under which property may be recognized as joint marital property and the specific features of its division. It is emphasized that the legislator focuses primarily on property-related aspects, while leaving other components of family life largely unregulated.

Special attention is given to the key gaps in legal regulation, including the lack of rules governing partners’ personal non-property rights, inheritance rights, and social guarantees, as well as the difficulty of proving the existence of partnership relationships in judicial practice. The conclusion is drawn that the current state of normative regulation does not fully comply with the principles of justice, equality, and legal certainty, which necessitates the improvement of legislation with due regard to the real needs of contemporary Ukrainian society.

The practical significance of the study lies in the possibility of using its results in law-making activities, judicial practice, and academic research. The proposed generalizations contribute to the formation of a holistic approach to the regulation of partnership relationships, the harmonization of family legislation, and the effective protection of the rights and legitimate interests of participants in such unions. This corresponds to modern European trends in the development of family law and enhances the overall level of legal culture in Ukraine in the context of the country’s ongoing democratic legal transformations.