Legal marriage first and de facto marriage, is there still a de facto marriage under the new marriag

Hello: Glad to be able to answer your questions.

According to what you said, the woman only cohabited illegally with a third party and was not married, so her actions did not constitute the crime of bigamy. And I regret to tell you that the woman's behavior does not constitute a crime, but only in the moral category, and has not risen to the legal category, so they cannot be punished by legal means.

The crime of bigamy refers to the act of marrying another person while having a spouse or marrying another person knowing that he or she has a spouse. Article 258 of the Criminal Law of the People's Republic of China stipulates: "A person who has a spouse and marries him, or who marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention."

Therefore, the woman's behavior does not constitute the crime of bigamy, and the crime of bigamy must have the legal fact of marriage again, that is, the marriage certificate has been obtained. After 1994, the concept of de facto marriage has been abolished in our country, and as long as there is no marriage certificate, it is illegal cohabitation.

I can give you a suggestion that the man can only file a divorce lawsuit with the court to get legal help, so that he can win the lawsuit. Because it is the woman who destroys the marital relationship, and she can claim compensation from the other man for moral damages.

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The woman has been convicted of bigamy. His marriage to a third party is null and void and is not protected by law. As long as you report it to the public security organs, the public security organs will naturally file a case for investigation.

This is a private prosecution case, which requires the parties to sue, and if the woman and the other party form a fact, after investigation and evidence collection, it should be counted as the crime of bigamy.

Bigamy. Children born out of wedlock are proof of this.

I think that as long as there is a marriage certificate between the woman and her former legal husband and proof that the woman lived together illegally after marriage and gave birth to children!

Legal Analysis: There is no de facto marriage. The crime of bigamy refers to the act of marrying another person while having a spouse or marrying another person knowing that he or she has a spouse.

The so-called spouse refers to a man who has a wife and a woman who has a husband, and the relationship between husband and wife is still in existence without legal procedures. If the relationship has been dissolved, or if the relationship has disappeared naturally due to the death of one of the spouses, i.e. it is no longer a person who has a spouse. The so-called "marrying another person knowing that he or she has a spouse" refers to a person who knows that the other party has a spouse even though he does not have a spouse, and therefore intends to marry him (including a registered marriage or a de facto marriage). Such an act is an act of intentional destruction of another person's marriage.

Legal basis: Article 258 of the Criminal Law of the People's Republic of China: Whoever has a spouse and marries him, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

Legal Analysis: China implements a marriage registration system and does not recognize de facto marriages. A de facto marriage is a form of marital relationship in which a man and a woman without a spouse live together as husband and wife without registering their marriage.

A married man and a woman must register their marriage in person at the marriage registration office.

Legal basis: Article 1049 of the Civil Code, 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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De facto marriage in the new Marriage Law: A man and a woman live together openly in the name of husband and wife in violation of the marriage procedure, and the public recognizes them as husband and wife.

What is a de facto marriage under the new marriage law?

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Big Red Flower Contains Spine] Newlywed Talk about de facto marriage in the Marriage Law: A man and a woman violate the marriage procedure and live together openly in the name of husband and wife, and the masses also recognize them as husband and wife.

There are three constituent elements for the establishment of a de facto marriage: (1) it is in the name of the husband and wife; (2) is a public cohabitation life; (3) The masses also think that they are husband and wife.

1. A man and a woman in a de facto marriage should have no spouse, and if there is a spouse, it becomes a de facto bigamy. 2. The parties to a de facto marriage have the purpose of marriage and the form of living together. Whether a man and a woman treat each other as spouses is an important difference between de facto marriages and other non-marital relationships.

This is because all illegal acts do not have the purpose of marriage and the form of living together.

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The new Marriage Law has lapsed, and the Civil Code recognizes de facto marriages. According to the relevant laws and regulations, if a man and a woman have met the substantive requirements for marriage and live together in the name of husband and wife before February 1, 1994, it shall be treated as a de facto marriage.

[Legal basis].

Article 3 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

Where a party initiates a lawsuit and only requests the dissolution of the cohabitation relationship, the people's court will not accept it; where it has already been accepted, a ruling is made to reject the lawsuit.

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.

Article 7. Where a man and a woman who have not completed marriage registration in accordance with Article 1049 of the Civil Code and live together in the name of husband and wife, and file a lawsuit for divorce, they shall be treated differently:

1) Before the implementation of the Minduan file promulgated by the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman have met the substantive requirements for marriage, it shall be handled 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 reapply for marriage registration. Where the marriage registration has not been supplemented, it is to be handled in accordance with the provisions of Article 3 of this Interpretation.

After the promulgation and implementation of the Ministry of Civil Affairs' Regulations on the Administration of Marriage Registration on February 1, 1994, if both a man and a 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.

Legal basis: Article 1049 of the Civil Code of the People's Republic of China Li Xiangheng and a man who request marriage shall apply for marriage registration at the marriage registration office in person. 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. If the marriage registration has not been completed, it shall be re-registered.

De facto marriages are not recognized. Where both the man and the woman already meet the substantive requirements for marriage, it is to be handled as a de facto marriage; Where both men and women meet the substantive requirements for marriage, the people's court shall inform them to complete the marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

Article 8 of the Marriage Law of the People's Republic of China (repealed as of January 1, 2021) requires that a married man and a woman must register their marriage 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. Obtaining a marriage certificate establishes the relationship between husband and wife.

Where marriage registration has not been completed, the registration shall be re-registered. 1. Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both a man and a 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 tell them to make up the marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

De facto marriages before 1 February 1994, whether or not they are retro-registered, are recognized by law and are therefore treated as legal marital relations at the time of divorce, and husband and wife have legal conjugal rights and obligations, in particular the right to division of property, the right to custody of children and the right to inherit property. In order for de facto marriages after 1 February 1994 to enjoy the rights and obligations of legal husband and wife at the time of divorce, the marriage must be registered separately, otherwise it will be dissolved only as a general cohabitation. In this way, the parties do not have the rights and obligations between husband and wife, but only enjoy the rights and obligations of cohabitation, such as marital property rights, inheritance rights, etc.

Legal Analysis: The following elements are required for the constitution of a de facto marriage:

1. The cohabitation of a man and a woman (i.e., a man and a woman living together in a continuous and stable manner) began before February 1, 1994;

2. Cohabitation is carried out in the name of husband and wife;

3. The cohabiting parties already met the substantive requirements for marriage when they cohabited before 1994.

The so-called substantive elements of 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 the three generations;

4. Do not suffer from any disease that is medically considered unsuitable for 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. De facto marriages have existed in China for a long time and in large numbers, and in the vast rural areas, especially in remote areas, de facto marriages even account for 10 percent of the total number of local marriages.

Sixty, seventy. Legal basis: Civil Code of the People's Republic of China

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

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.

Article 1051 Li Santiao In any of the following circumstances, the marriage shall be null and void

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.