If you want to divorce without a license, you really can t earn any rights and interests?

Updated on society 2024-02-09
9 answers
  1. Anonymous users2024-02-05

    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.

  2. Anonymous users2024-02-04

    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.

  3. Anonymous users2024-02-03

    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.

  4. Anonymous users2024-02-02

    If you don't get a license, you don't get married, how can you talk about divorce.

  5. Anonymous users2024-02-01

    If you don't register, you don't get married.

  6. Anonymous users2024-01-31

    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.

  7. Anonymous users2024-01-30

    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.

  8. Anonymous users2024-01-29

    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.

  9. Anonymous users2024-01-28

    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.

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