The Constitution of the Republic of Serbia (“Official Gazette of the RS”, No. 98/2006) in Article 62 equates extramarital union with marriage, which is why the rights and duties of extramarital partners are equal to the rights and duties of spouses.
The very notion of extramarital union is regulated by the Family Law of the Republic of Serbia (“Official Gazette of the RS”, No. 18/2005, 72/2011 – other law and 6/2015) – hereinafter: Family Law of the RS. In Article 4 of the mentioned Law, extramarital union is defined as a more permanent union of the life of a woman and a man, between which there are no marital obstacles, while members of the extramarital union are marked as extramarital partners. It is further stated that extramarital partners have the rights and duties of a spouses under the conditions determined by this law.
In this text, the focus will be on the similarities in terms of forming an extramarital union and concluding a marriage, and what is it that distinguishes an extramarital union from marriage. We will also cover the topic of how to prove the existence of an extramarital union and when you will need it.
These are just some of the questions that appear in our practice as the most common, and in this text we will try to give not only a brief overview of the most important similarities and differences between marriage and cohabitation, but also what it means to extramarital union with marriage in the field of exercising the rights of extramarital partners.