Q1: Should there be minimum family separation standards?

S.T.: Like in a case of an employment, EgLex advocates establishment of minimum separation standards. In employment, the State guarantees to the employee a minimum wage, medical insurance, conditions for dismissal, and unemployment benefits, which are paid from his or her social contributions. Unfortunately, upon a separation of an unmarried
couple, the vulnerable partner has no minimum standards.

So the Government has to intervene in order to create them. Even more so given the fact that those standards may be guaranteed by the property accumulated by the unmarried couple during their relationship.

Janna: The State doesn’t give a free choice to be employed unofficially. If the employer takes an unofficial worker, s/he will be persecuted, since this is illegal. So why do we tolerate such a regulation gap in family relations?

Q2: How does this relate to Monaco?

S.T.: Monaco is exactly the country where there are no such standards even for married families. By default, a marriage does not mean any accumulation of common property. There should be a contract establishing such common property. Only in a presence of a written contract this kind of property will be recognised under the Monaco law. There are doubts, however, whether this type of regime is compatible with the UN law.

Janna: At the moment of marriage, often couples cannot fully appraise their future contribution into household and family effectively. Who will be the main caretaker and money earner? Thus, the couple is not able to fully understand the potential consequences of the default refusal by Monaco to recognise them any common property, which will be the case unless the couple signs a contract or chooses a different jurisdiction. Free union family partners can be left completely in the no law zone with no contribution to family whatsoever being recognised. At the same time, the contribution of women who bare children and nourish them cannot be underestimated. The traumatic consequences for a weaker, unprotected partner, especially parent and kids can carry on through lifetime.

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Answered by EgLex President Aidarkhanova and Professor Stanislovas Tomas, PhD