Legal advice on marriage? 150

It is not bigamy. Bigamy: refers to the fact that the previous marriage has not been dissolved, and the marriage is registered with another person. Bigamy is constituted when the parties to a marriage with a single registration are registered, whether or not they are cohabiting.

Your cousin has a de facto marriage first, but the marriage is registered later, and it is not bigamy; If, on the other hand, he has a registered marriage and then a de facto marriage (openly living together as husband and wife), the failure to register the marriage constitutes bigamy.

The relevant marriage law, for example, mentioned on the first floor, has abolished the statement that de facto marriage has been abolished in '94, which means that although there are two children, the marriage is invalid. Now your brother-in-law can get a license to marry the woman, there is no so-called bigamy, but remarriage cannot exempt the obligation to support the two children, of course, you can also sue the former woman and let her bear the corresponding maintenance for the two children. Hope.

Spouses may want to divorce for a variety of reasons. But what does China's marriage law stipulate for divorce conditions? Hualu.com has collected and sorted out the information related to divorce under the marriage law, and will interpret it for you in detail.

New Marriage Law Divorce Conditions:

Hualu.com. 1. Bigamy or cohabitation with another person who has a spouse.

2. Committing domestic violence or abusing or abandoning family members.

3. Those who have bad habits such as gambling and drug abuse that they have not been taught repeatedly.

4. Separated for two years due to emotional discord.

5. Other circumstances that lead to the breakdown of the relationship between the husband and wife.

If one party is declared missing and the other party files a divorce proceeding, the divorce shall be granted.

Of course, divorce will also be granted if both the man and the woman are willing to divorce, but both parties must apply for divorce at the marriage registration office. A divorce certificate will be issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

The above is the relevant answer to the divorce conditions under the new marriage law brought to you by Hualu.com, I hope it can help you. If you have any other legal issues that you need to consult, you can contact our lawyers on Hualu.com platform to provide you with better services.

As you mentioned, your brother-in-law's previous period was an illegal cohabitation, and the separation does not need to go through the relevant procedures, and the two parties can be separated, and the current marriage does not constitute bigamy.

Your brother-in-law does not belong to bigamy, you can go to the Civil Affairs Bureau to get a marriage certificate, he did not get a license in his last marriage, it is illegal cohabitation, and he has a pair of children who are also illegitimate children, so it does not belong to bigamy.

The previous marriage was not licensed and is not bigamy. Since 1994, de facto marriages have not been recognized by the State. The former relationship is a common-law relationship, and although there are children, they are also children born out of wedlock during the period of cohabitation. It does not affect the marriage certificate now.

What role does marriage law play in the family? The Marriage Law is the sum total of the legal norms that regulate the marriage relations of a certain society, and is the concentrated legal expression of the marriage system of a certain society. The contents of the Marriage Act include the establishment and dissolution of marriage, the validity of marriage, and in particular the rights and obligations between husband and wife.

Most of the content of the Marriage Law is a mandatory norm, and there are broad and narrow definitions of the concept. Marriage law in the narrow sense is limited to marriage law, and the content includes: the principles of marriage law, marriage, rights and obligations between husband and wife, relationship between parents and children, divorce, child support and education after divorce, property after divorce and supplementary provisions.

In a broad sense, the object of adjustment of the Marriage Law includes family relations in addition to the Marriage Law and Relationship Law, that is, the Marriage and Family Law. Here I will only talk about my personal views on the role of the marriage law in the narrow sense on the family, which is for reference only.

1. The Marriage Law has the effect of protecting the equality of men and women. Husband and wife respect each other, do not discriminate against each other, and treat each other as equals in the spirit of equality between men and women, enjoyment of rights, responsibility, and duty.

2. The Marriage Law has the function of protecting the sexual, procreational, economic, educational, and helpful functions enjoyed by husband and wife.

3. Marriage law can promote the relationship between husband and wife in the family. Affection is the foundation of the relationship between husband and wife, and if there is no affection between husband and wife, the marriage relationship will exist in name only.

4. The role of the marriage law in promoting the stability of the marital relationship in the family. The Marriage Law promotes the enjoyment of rights, responsibilities and obligations between husband and wife.

In short, the role of the marriage law in the family is huge, which reflects the legal majesty of the marriage law in the family, and reflects the irreplaceable and unique role of the marriage law in the stability of the family and the relevance of the relationship between husband and wife.

Hello, it's not bigamy, because it's only a banquet and doesn't have a license, so it's not a legal couple in law.

Since both parties are already happy, and they didn't get a license at the beginning, it shouldn't be considered bigamy, because now, the law is that there is no fact of cohabitation, and the marriage must have a certificate to have a legal guarantee.

Of course, it doesn't count, the definition of bigamy is repeated marriage, the first one does not have a license, which is not legally legal, naturally cannot be counted as bigamy, if the second one does not get a license, it is still judged to be unmarried in law.

If you do not have a marriage certificate, it is not a de facto marriage. In this case, it is not bigamy to find someone else.

Since both parties have married a new love, and they did not get a license at the beginning, it should not be considered bigamy, because now there is no de facto marriage of cohabitation, and there must be a certificate to have a legal guarantee.

Your brother-in-law should divorce the other party first, and then get married, otherwise it is indeed bigamy, even if it is the woman's fault, you should sue the other party, and then divorce him.

It is indeed bigamy, because he is not divorced. You can only marry the girl after you have sued the court and divorced the other party.

How long has your brother-in-law been looking for his wife? Are you looking for her mother's house?

If you find your mother's home and have been missing for two years, you can call the police. Otherwise, if you are not divorced, remarriage is considered bigamy.

It should be counted according to the law, but the current national conditions, it is not counted if you don't get a certificate.

It's okay to ask the legal questions related to international marriage, so to speak, the legal issues of marriage must be registered by the marriage, who is legally protected after registration.

Legal Analysis: Marriage Registration Procedures.

1. Both men and women who require marriage registration shall jointly apply to the marriage registration authority of the district or county-level civil affairs bureau (or town people**) of one party's permanent residence with the required documents. Where an application is made for post-registration of marriage or remarriage, it shall be handled in accordance with the procedures for marriage registration.

2. Both parties shall apply in person to the marriage registration authority, and each shall fill in a "Declaration of Application for Marriage Registration".

3. Both parties must sign or fingerprint in person in the "Declaration of Application for Marriage Registration" in front of the marriage registrar.

4. The marriage registration authority shall examine the documents and declarations submitted by both parties, and if the conditions for the registration of the marriage of the empty clan are met, the registration shall be approved.

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. Completion of the marriage registration of the scattered source, that is, the establishment of the marriage relationship. 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: In any of the following circumstances, the marriage is invalid

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

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

The full text of the Marriage Law of the People's Republic of China is divided into 6 chapters, including General Provisions, Marriage, Family Relations, Divorce, Relief Measures and Legal Liability, and Supplementary Provisions, with a total of 51 articles. Marriage must be of complete free will between the man and the woman, and neither party shall be allowed to coerce the other or any third party to interfere; The age of marriage shall not be earlier than 22 years for men and 20 years old for women. Late marriage and late childbearing should be encouraged; Marriage is prohibited under any of the following circumstances:

lineal blood relatives and collateral blood relatives within three generations; Suffering from a medical illness that is medically inappropriate for marriage; A man and a woman who wish to marry must register their marriage 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. Obtaining a marriage certificate establishes the relationship between husband and wife.

Where marriage registration has not been completed, the registration shall be re-registered. 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. Family relations: Husbands and wives have equal status in the family. Each spouse has the right to use his or her own name.

Both husband and wife have the freedom to participate in production, work, study and social activities, and one spouse may not restrict or interfere with the other. Both husband and wife have the obligation to practice family planning. The following property acquired by the husband and wife during the marriage shall be jointly owned by the husband and wife:

salaries, bonuses; income from production and operation; proceeds from intellectual property rights; property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; Other property that should be jointly owned. Where both the divorced man and the woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office.

A divorce certificate shall be issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed. If a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted: bigamy or cohabitation of a spouse with another person; committing domestic violence or abusing or abandoning family members; Those who have bad habits such as gambling and drug abuse that they have repeatedly taught and do not change; Separated for two years due to emotional discord; Other circumstances that lead to the breakdown of the relationship between the husband and wife.

Article 1051 of the Civil Code of the People's Republic of China In any of the following circumstances, a marriage is invalid: (1) bigamy; (Accompany the morning two) have a family relationship that prohibits marriage; 3) They have not reached the legal age for marriage.

Article 34 of the Marriage Law stipulates that a man may not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy.

This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.

In this case, you are hiding the truth yourself, you are also at fault, and at the same time, the marriage law does not provide for the annulment of divorce, so it is certainly not possible to revoke it.

If you want to give birth to this child, after the child is born, you can file a lawsuit in the name of the child, because you are divorced after pregnancy, and the man has the obligation to raise his own children.

In this case, first, you should take legal means to protect the rights of yourself and your children, and secondly, the man is from the army, so he can go to his unit to report the situation, and the army will persuade and mediate.

First of all, do you and your late husband have a marriage certificate?

2. Don't you have a hukou with your late husband in Jiangxi? If there is, you can directly change the account to widowhood.

3.If Hunan has been deregistered, you can find out why it was deregistered. Then follow the root to find the account you should be in.

The amount of child support may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in the locality.

For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions.

If there are special circumstances, the above proportion may be appropriately increased or decreased.

Article 46 of the Marriage Law: In any of the following circumstances, where a divorce is caused, the innocent party has the right to claim damages:

1) bigamy;

2) A person who has a spouse cohabits with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members.

Child support is based on the income of the parent who does not support the child, and it is generally a fixed fee, which is not easy to fight for.

However, the marriage law stipulates that the innocent party in the divorce has the right to claim damages, and you can get more financial assistance from this aspect.

Article 46 of the Marriage Law: In any of the following circumstances, where a divorce is caused, the innocent party has the right to claim damages:

1) bigamy;

2) A person who has a spouse cohabits with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members.

Yes, the husband can also be asked to pay damages. It is advisable to entrust a lawyer to handle the matter.

Maintenance is calculated at 20-30% of the other person's income.