How many years of cohabitation is considered a legal couple, and how many years of cohabitation is c

Recently, in the process of handling the case, a client has consulted me about the issue of how many years of cohabitation can be counted as a legal couple, and I will share it with you here today. Nowadays, more and more people are cohabiting together without registering their marriages, and various legal problems arising from cohabitation are also increasing. After years of experience, I personally believe that apart from the provisions of the law on de facto marriage, the length of cohabitation is not necessarily related to whether it is a legal couple.

Judicial Interpretation I of the Marriage Law stipulates that if a man and a woman have met the substantive requirements for marriage before the promulgation and implementation of the Marriage Registration Regulations of the Ministry of Civil Affairs on February 1, 1994, it shall be treated as a de facto marriage. The Marriage Law stipulates that a man and a woman who wish to marry must register their marriage in person at the marriage registration office, and if they meet the requirements of the Marriage Law, they shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate establishes the relationship between husband and wife.

Where marriage registration has not been completed, the marriage registration shall be supplemented. From the perspective of the law, in addition to the legally recognized de facto marriage, no matter how long they have lived together, they will not be counted as a legal husband and wife, and if they want to become a legal couple, they must go to the marriage registration department to go through the marriage registration formalities or make up the marriage registration procedures. Legal basis:

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (1) Article 5 of the Supreme People's Court Article 5 Where a man and a woman who have not completed marriage registration in accordance with Article 8 of the Marriage Law and live together in the name of husband and wife sue the people's court for divorce, they shall be treated differently: (1) Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, where both the man and the woman have met the substantive requirements for marriage, it shall be treated as a de facto marriage; (2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to apply for marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

Our country no longer recognizes de facto marriages, if you want to become a legal husband and wife, you have to register, and the distribution of property is quite clear to the old man.

No matter how many years they have cohabited, they cannot be considered legally married; Only those who have registered their marriage are legally married. The relevant provisions of the Marriage Law, this is only a de facto marriage.

There used to be de facto marriages, but now they don't... Cohabitation is illegal, so it's best to divide your property clearly, and if it's really good, of course it's best to get married...

How many years you have lived together is not considered a legal couple. The only way to be legal is to get a marriage certificate.

After the reform of the new marriage law, there is no provision for cohabitation to be regularized after many years.

This is the new registration regulation. Just take a look.

Whether cohabitation is considered a legal husband and wife depends on the circumstances: Before the promulgation and implementation of the "Regulations on the Administration of Marriage Registration" of the Ministry of Civil Affairs on February 1, 1994, both men and women lived together in the name of husband and wife, and met the substantive requirements of marriage, and were treated as de facto marriages. After the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, a man and a woman living together in the name of husband and wife can only be regarded as cohabitation if they meet the substantive requirements of marriage.

Clause. 2. Property during the period of cohabitation may be distributed. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (2) Article 1: Where a party files a lawsuit requesting the dissolution of a cohabitation relationship, the people's court will not accept it. However, the cohabitation relationship requested by the parties to be dissolved falls under the category of "cohabitation of a spouse with another person" as provided for in articles 3, 32, and 46 of the Marriage Law, and the people's court shall accept it and dissolve it in accordance with law.

Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's courts shall accept it.

Legal Analysis: Obtaining a marriage certificate is the establishment of the relationship between husband and wife. Where the marriage registration has not been completed, the marriage registration shall be supplemented.

From the perspective of the provisions of the law, in addition to the legally recognized de facto marriage, no matter how long they have lived together, they will not be counted as legal husband and wife, and if they want to become a legal couple, they must go to the marriage registration department to go through the marriage registration procedures or go through the marriage registration procedures.

Legal basis: Article 1049 of the Civil Code of the People's Republic of China A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration machine. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued.

The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Legal analysis: A man and a woman living together for several years are not considered legal husband and wife, unless before the promulgation and implementation of the "Regulations on the Administration of Marriage Registration" of the Ministry of Civil Affairs on February 1, 1994, and both men and women live together in the name of husband and wife, and meet the substantive requirements of marriage, it is treated as a de facto marriage, and both parties are legal husband and wife. In addition to this case, the parties do not register their marriage and are not considered legally married.

Legal basis: Article 1049 of the Civil Code of the People's Republic of China A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued.

The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Cohabitation is not considered a legal husband and wife no matter how long it takes, because both men and women must register their marriage before they can become legally married. A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office, and complete the marriage registration, that is, establish the marriage relationship. The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Where marriage registration has not been completed, the registration shall be re-registered.

The Civil Code of the People's Republic of China

Article 1046:Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to coerce the other, and it is forbidden for any organization or individual to interfere with it. Feast stupid.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Cohabitation is not considered a legal couple for several years, because cohabitation is not protected by law and is not a legal cohabitation relationship. According to the provisions of the Civil Code, the cohabitation of a man and a woman must be registered in person at the marriage registration authority, so that they are legal husband and wife, and they are also legally living and living together.

1. How long does it take to live together without a marriage certificate to be considered a legal husband and wife?

Cohabitation without a marriage certificate is not considered a legal couple. China's law stipulates that both men and women must go through marriage registration before they can become legal husband and wife, and China's current law does not recognize de facto marriages, therefore, the two parties who do not have a marriage certificate, no matter how long they have lived together, are still in a cohabitation relationship, and only after both parties have obtained a marriage certificate in accordance with the law, they can be regarded as legal husband and wife.

2. Elements of non-marital cohabitation and the method of dissolution.

The constituent elements of non-marital cohabitation are:

1) The parties to a non-marital cohabitation must be both unmarried and unmarried.

2) The parties voluntarily establish a living community like husband and wife, but do not meet the formal requirements for constituting a legal marriage.

3) The act of cohabitation must be public.

4) The act of cohabitation shall last for a certain period of time.

Non-marital cohabitation is not a legal conjugal relationship, which is not protected by law, and it is sufficient to separate on your own.

3. Is cohabitation for ten years but not married a legal couple?

Living together for 10 years but not married is not considered a legal husband and wife in law, and only those who have registered their marriage are considered legal couples.

However, if a man and a woman cohabit without a marriage certificate before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, and the substantive requirements for marriage have been met, it shall be treated as a de facto marriage, and the parties shall have a legal relationship as husband and wife.

Article 1049 of the Civil Code of the People's Republic of China.

A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1000.

After the marriage is registered, the woman may become a member of the man's family and the man may become a member of the woman's family according to the agreement between the man and the woman.

If you live together for many years, you will generally not become a legal husband and wife, because China does not recognize de facto marriages, and only men and women who have registered their marriages will be recognized as having legal marital relationships. However, if the parties cohabited together and met the substantive requirements for marriage before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, they may be deemed to have a legal marital relationship, because this situation can be treated as a de facto marriage.

Legal basis: Article 1049 of the Civil Code stipulates that both men and women who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued.

The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.