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I don't know if the two of them have children, if there are children, then there is a basis.
Even if they don't have children, they live together for two years, and that's a de facto marriage.
A de facto marriage refers to a man and a woman who do not have a spouse and live together as husband and wife without registering their marriage, and it is also considered by the public to be a union between the sexes of husband and wife.
However, in consideration of China's actual national conditions, in order to maintain the stability of the marital relationship within a certain range, especially among the vast number of rural people, the state conditionally recognizes the relationship between a man and a woman who live together in the name of husband and wife without marriage registration, which gives rise to the concept of de facto marriage.
Also, if your sister is experiencing domestic violence, the judge will sympathize with her situation.
You should seek women's protection agencies to protect your legitimate rights and interests, and take up the law to protect yourself.
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If you are not married, it is not considered domestic violence, at most it is a social security problem, and you can call the police.
There is no divorce without marriage, and there is no legal support for the man's request to return things, and it is not up to you to pay it back.
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Don't listen upstairs, the new marriage law has long stipulated that de facto marriages will not be recognized. If the common-law relationship was formed before '94 (as if it was February '94), the law recognizes the de facto marriage, and if it is after that, if the marriage certificate is not obtained, it is considered to be cohabitation and is not protected by any law.
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If you don't get a license, you don't get married, how can you talk about divorce.
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If you don't register, you don't get married.
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Without a marriage certificate, there is no marriage relationship, and at the same time, it is not protected by the law, and it is free to come and go, and who will raise the child, and the two people will negotiate to decide.
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How to get a divorce without a marriage certificate, there is no legal relationship between husband and wife without a certificate, as long as you break up. For the specific division of property, please listen to the advice of the marriage lawyer of Beijing Jiali Law Firm.
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If a man and a woman living together in the name of husband and wife without obtaining a marriage certificate want to divorce, they shall be treated differently in two situations: 1. If the marriage was concluded before the implementation of the "Regulations on the Administration of Marriage Registration" on February 1, 1994, and both the man and the woman have met the substantive requirements for marriage, the de facto marriage is legal and protected by law, and should be carried out in accordance with the normal divorce procedure. 2. If the marriage is concluded after the implementation of the "Regulations on the Administration of Marriage Registration" on February 1, 1994, and the marriage certificate is not obtained, the marriage relationship between the two parties is not protected by law, but belongs to a cohabitation relationship, and since it is not a legal marriage relationship, it is naturally not necessary to go through the divorce procedure stipulated in the law.
Legal basis
Article 11 of the Marriage Registration Regulations stipulates that a Mainland resident who has filed a divorce shall present the following documents and supporting materials: (1) his/her household registration booklet and identity card; (2) The person's marriage lead response certificate; (3) A divorce agreement signed by both parties.
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A marriage without a license is an illegal cohabitation relationship and an invalid marriage. An invalid marriage has no legal effect from the beginning, and the property acquired during the period of cohabitation shall be disposed of by both parties through consultation. If one of the parties is married, the unlawful cohabiting party does not receive the property of the spouse.
According to Article 1054 of the Civil Code, an invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. The property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.
The provisions of this Law on parents and children shall apply to children born to the parties.
Article 11 of the Regulations on Marriage Registration Mainland residents who apply for divorce registration shall present the following documents and supporting materials: (1) their household registration booklet and identity card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties. In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passes and identity cards, and overseas Chinese and foreigners shall also present their own valid passports or other valid international travel documents.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.
Ha ha! It's interesting. It's so interesting for you two young couples to get divorced! >>>More
After reading the full text, I still can't figure out what went wrong, because I don't understand the details, and I can only guess about it, don't talk about solving the problem, first make it clear, married life is completely different from what you imagined. Your husband lacks a sense of responsibility and is impatient with you. Inability to communicate with the other party. >>>More
Endure the labor pains and do what you should usually do, such as working hard The long pain of an unhappy marriage is not as good as the short pain, it is only in your twenties, and the road ahead is still long, you have to believe that there will always be someone who knows how to appreciate you!
No, absolute rumors, if Yao Ming wants to divorce, he doesn't have to wait for Ye Li for so many years, from the youth team to the realization that it has been more than ten years now, there was a period of time, Australian beauty center Lauren Jackson once dated Yao Ming, but Yao Ming politely refused, Yao Ming always had Ye Li's ** on the bedside table in his apartment when he went to Houston, Yao Ming and Ye Li were very sweet when they attended the party together, I think absolute rumors, can't be like New China**, pure hype, How to say that in the world, Lao Yao is also a representative of Chinese men, supporting Lao Yao, supporting Chinese men,
The parents of the daughter who divorced just felt sad. How can you marry such a man, parents all over the world are for their children, no matter who is right or wrong, they are on the side of their children, at this time the parents are just helpless, sad, and tell their parents well, how filial piety, they have the conditions to take their parents to their side, take good care of filial piety, divorce will also take into account your parents, it means that you are a filial daughter, divorce in this world is normal, want to open a little, time can dilute everything,