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The following elements are required for a de facto marriage to be constituted:
(i) The act of cohabitation (i.e. the continuous and stable cohabitation of a man and a woman) began before 1 February 1994;
(2) The cohabitation is carried out in the name of husband and wife;
3. The cohabiting parties had met the substantive requirements for marriage at the time of cohabitation before 1994.
The so-called substantive requirements for marriage are the conditions that must be met by both men and women to establish a relationship between husband and wife, including: 1. Both parties have reached the legal age of marriage (22 for men and 20 for women); 2. Both parties are willing to marry; 3. Neither party has a spouse and does not belong to the direct blood relatives or collateral blood relatives within three generations; 4. Do not suffer from any disease that is medically considered unsuitable for marriage.
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Legally speaking, it does not belong because there is no marriage certificate and is not protected by law; But in terms of some rural customs, it is a de facto marriage. However, now people's legal awareness is constantly increasing, and for the sake of their own children and everyone, it is good for everyone to go through the legal procedures with the relevant departments as soon as possible.
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If you don't get a marriage certificate and are not protected by law, if you are old enough, go to get the certificate as soon as possible, and then the baby will be fined if you go to the household registration, and there is no protection for women.
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Of course, it is a de facto marriage. The facts are there.
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There are facts, but they are not recognized by the law, and there is no marriage certificate, let alone a child's household registration.
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Of course, I have children. Cohabitation is considered a de facto marriage.
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As long as there are children, it is a de facto marriage.
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If you don't have a marriage certificate, will your child become a black household?
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Summary. Dear, no, at present, there is no such thing as a de facto marriage in our country, and those who have children without marriage registration are not de facto marriages, but illegal cohabitation relationships, and the parties can go through the marriage registration procedures.
Two people don't have a marriage certificate, but they have two children, is this a de facto marriage?
Dear, no, at present, there is no such thing as a de facto marriage in our country, and those who have children without marriage registration are not de facto marriages, but illegal cohabitation relationships, and the parties can go through the marriage registration procedures.
He's going to break up now, and he doesn't want children.
No, children are your shared responsibility.
You can have a good conversation with him.
Such behavior is very irresponsible.
If he still insists on going his own way, you can take legal action to protect you and your children's rights.
What if the woman doesn't call the child?
If the woman does not want the child, you can negotiate with her first, and if the negotiation fails, you can solve it through legal means, and the ownership of the child will be finally decided.
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Children born out of wedlock are considered legitimate children after marriage. A child born out of wedlock is a child born to a man and a woman who are not married to each other, and when a man and a woman living as husband and wife are re-registered, the validity of the marriage shall be counted from the time when both parties meet the substantive requirements for marriage. So the child is considered to be born in wedlock.
Article 1071 of the Civil Code stipulates that children born out of wedlock enjoy the same rights as legitimate children, and no organization or individual may harm or discriminate against them. The biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or the adult child who is unable to live independently.
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Children are the crystallization of love, if you have been married for many years and have no children, what will become of the life of the husband and wife?
If, after being married for many years, children are just an unplanned thing, and it is normal to have no children, naturally, it will have no impact on the life of the couple. At most, they will be urged by both parents to quickly solve the matter of having a child.
As long as the husband and wife arrange the time and put this matter on the agenda, they are done, and life goes on as usual.
If, after many years of marriage, the husband and wife have always wanted to have a child, but due to various unknown reasons, the woman has not succeeded in conception, such a situation is more embarrassing. Many couples dislike each other and often quarrel over this matter. And they have to be long-winded and even disgusted by both parents.
Fortunately, the development of modern medical technology has advanced so much that it has helped many patients with infertility to solve the problem of having children.
If the husband and wife are not financially problematic and the time is properly arranged, they can use modern medicine to help them realize their desire to have children. As long as you have enough patience to cooperate with the completion of the various examination tasks assigned by the doctor, you can wait with confidence.
Of course, this process is also very painful, and it takes at least a month or two to spend your mind on the early conception process. Most of them take more than half a year for the woman to successfully conceive. Some people have to put down their work and devote themselves to it.
Simpler, artificial insemination, a little more complicated, IVF, is more time-consuming, energy-consuming and money-consuming, unsuccessful, you have to try a second time, the second time is unsuccessful, and it takes time to wait.
And after a few tosses, the woman's body is also quite sinful, and the relationship between the husband and wife will also be affected. But it is also a time to test the relationship between the husband and wife.
If you can't afford to toss, the husband and wife who give up halfway may get off halfway, and from then on, they will go their separate ways. If you can toss, you will always usher in the dawn in the end and embrace the crystallization of love - the child.
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It should be very helpless, and I also feel a lot of pressure, and I may be disliked by my mother-in-law.
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Not only the parents of both sides exert pressure, but also the relationship between husband and wife will also be affected
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Being married for many years without children can be very anxious, as can be seen from all aspects.
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In a very bad situation, the marriage may not be saved, so be careful of divorce.
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It's really bad, because it's going to be looked down upon by a lot of people, it's terrible.
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Of course, there is pressure from the parents, and the people around them are always pointing fingers.
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If it's deliberately unwanted, then there's no dilemma.
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I think Chow Yun-fat and his wife are like this, but it's good.
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I guess I'll be in a hurry, and then I'll have to go to the hospital to have a look.
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Many couples will break down, and Xiao S is an example.
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If you are not married and have children, you are considered unmarried. As long as the marriage is not registered, regardless of whether it is childbearing or not, and how many children are born, it is considered unmarried in the law, even if you go to apply for a marriage certificate, it will be marked as unmarried, because the parties have not registered their marriage, so naturally there will be no record of marriage. China no longer recognizes the chain of de facto marriages, and it is still recommended to register marriages when conditions permit.
1. Does unmarried pregnancy violate the provisions of the law?
Pregnancy out of wedlock does not violate the law. Grounds for pregnancy out of wedlock:
1. Unmarried pregnancy is a phenomenon in which a woman becomes pregnant due to sexual acts between a man and a woman who have not fulfilled the marriage registration formalities, and it is one of the direct consequences of non-marital sex;
2. If the act of getting pregnant before marriage does not conform to the provisions of China's family planning policy, if the two parties still have not gone through the marriage formalities after the birth of the child, the parties shall pay social maintenance fees in accordance with the law.
2. How to write a divorce based on marital status.
Write about divorce sheds. There are four main types of marital status, namely unmarried, married, divorced, and widowed. Unmarried means that the marriage relationship has not been concluded, married means that the marriage has been registered with another person, divorce is the state of dissolution of the marriage after the marriage has been registered, and widowhood is the state of the death of the spouse after the marriage has been registered.
Each state represents a different situation. As long as the marriage has not been registered by the marriage registration authority, the parties are unmarried.
3. Is there a fine for 18 pregnancy and childbirth?
Except for ethnic minority areas, 18-year-old girls who are pregnant and give birth to children are generally unmarried pregnancies, and the fines for unmarried pregnancies vary from province to province, so it depends on the specific situation. Taking Fujian Province as an example, a fine of 60% to 1 time is generally levied on parties who give birth to children out of wedlock, except in the case of multiple births; In Guangdong Province, if the first child is born without marriage registration, it will be ordered to re-apply for marriage registration first, and no fine will be imposed, and the corresponding fine will not be imposed until the child has more than three children out of wedlock.
Article 1049 of the Civil Code of the People's Republic of China provides that 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.
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You must be of legal age to get married. China's laws clearly stipulate that the legal age of marriage is not earlier than 22 years old for men and 28 years old for women.
Marriage must also comply with the relevant provisions of the law, such as direct blood relatives or collateral blood relatives within three generations are prohibited from marrying; At the same time, if a man and a woman get married, they should apply for marriage registration in person at the marriage registration office according to the true intentions of both parties. Husband and wife shall establish a harmonious family and marital relationship based on the principles of loyalty, equality, and love. According to Article 1047 of the Civil Code, the age of marriage shall not be earlier than 22 years old for men and 28 years old for women.
Article 1054 of the Civil Code of the People's Republic of China provides that 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. 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.
For children born to a party, the provisions of this Law on accompanying children of early parents apply. If the marriage is invalid or annulled, the innocent party has the right to claim damages. Article 1051 of the Civil Code of the People's Republic of China shall be invalid under any of the following circumstances:
a) bigamy; (2) Have a family relationship that prohibits marriage; (3) They have not reached the legal age for marriage.
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In my opinion, a man and a woman who have children but have not reached the age of marriage are not de facto marriages. There are two reasons for this, the first is that a marriage without a marriage certificate is not protected by law, and the second is that children are a moral obligation rather than a legal responsibility.
Marriage without a marriage certificate is an illegal marriage
In modern times, especially a group of people born in the 90s, most of them are marriage-phobic, and even once questioned why they should get married. Let me tell you, a marriage certificate may not make your partner love you all the time, but a marriage certificate can prove that your marriage is legal, and then it can ensure that your legitimate rights and interests are not violated.
Failing to reach the legal age for marriage means that you have no way to obtain a marriage certificate, which also means that your marriage is not legal, not recognized by the law, and your rights and interests are not protected by the law.
Children are an obligation rather than a responsibility
If you don't have a marriage certificate but you and the other person already have children, then I can only say that your relationship is not legal, and your children are absolutely impossible to be legal. A marriage without a marriage certificate, even if there are children, then your children are not able to apply for a birth certificate, nor can they be registered, in layman's terms, your children are black households, not only you, your children are not protected by the law.
If your other half is affectionate to you and is a person who can take responsibility, then you are lucky, you only need to wait a few years to get the age of obtaining a marriage certificate, and then you will be a de facto marriage; And if your other half is a merciless person, then you may be more miserable. Your partner is an obligation to you and your children, and he has no legal obligations.
So, with all that said, I don't think you are de facto married.
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Hello, the legal age of marriage is the minimum age of marriage that can be married according to the law, and Article 6 of China's Marriage Law stipulates: "The age of marriage shall not be earlier than 22 years old for men and 20 years old for women". Under the marriage registration system, the law does not recognize any form of unregistered ceremonial or religious marriage.
Both men and women must go through the marriage registration formalities in accordance with the law, otherwise their marriage relationship is not protected by law.
Since both men and women have not reached the legal age of marriage, they cannot apply for a marriage registration certificate, although the two have children, but they are unmarried and illegitimate children, which is not a de facto marriage, and it is illegal cohabitation.
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In this case, then it can be regarded as a marriage, and it is okay to wait until the legal age to register the marriage, and now the law is still relatively lenient on marriage.
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No, although you are pregnant with a child, you are not yet of the age of marriage, and you cannot get a marriage certificate, so there is no way for the child to get a household registration.
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Having a child is actually an illegal act, but in this case, if you already have a child, you can only admit it, so after reaching the corresponding age, you can apply for a marriage certificate.
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