How to divorce without a marriage certificate

If the marriage certificate cannot be provided because of the failure to go through the marriage registration, there are two situations: one is that the time of cohabitation occurred before the promulgation and implementation of the "Regulations on the Administration of Marriage Registration" of the Ministry of Civil Affairs on February 1, 1994, and it is treated as a de facto marriage.

The other is that the time of cohabitation occurred after the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, which is not a de facto marriage, but an illegal cohabitation, and there is no issue of divorce. In these two cases, if both parties are willing, they can also go to the marriage registration office to make up the marriage registration first.

In the second case, if a person has gone through marriage registration but the marriage certificate is lost, if he wants to divorce, he can obtain a marriage certificate from the marriage registration authority, and the marriage registration authority will verify the marriage registration file and issue a marriage registration certificate if it is confirmed to be true.

In the case of a de facto marriage, the man and the woman may dissolve the de facto marriage by way of litigation and ask the court to deal with the issues of joint property and child support. In the case of a cohabitation relationship, the man and the woman may dissolve the cohabitation relationship by agreement and negotiate the division of property and the maintenance of children during the cohabitation period. A man and a woman who are not married form a de facto marriage or cohabitation relationship by living together.

In the case of a de facto marriage, the man and the woman may dissolve the de facto marriage by way of litigation and ask the court to deal with the issues of joint property and child support. In the case of a cohabitation relationship, the man and the woman may dissolve the cohabitation relationship by agreement and negotiate the division of property and the maintenance of children during the cohabitation period. Where both men and women only request the dissolution of the cohabitation relationship, the people's court will not accept it, but where a lawsuit is raised due to a dispute over the division of property or child support during the period of cohabitation, the people's court shall accept it.

Where the nature and ownership of the property acquired by a man and a woman during the period of non-marital cohabitation can be clearly distinguished at the time of the dissolution of the cohabitation relationship, it is to be determined to be owned by the individual; Where the nature of the property and its ownership cannot be distinguished, it is to be handled and divided with reference to the common property. Legal basis: Article 5 of the Supreme People's Court's Interpretation (1) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China Article 5 A man and a woman who have not completed marriage registration in accordance with Article 8 of the Marriage Law and live together in the name of husband and wife shall be treated differently if they sue the people's court for divorce

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 the man and the woman had met the substantive requirements for marriage, it was to 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, where 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. Article 1 of the Supreme People's Court's "Interpretation (II) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China" provides that where a party sues to request the dissolution of a cohabitation relationship, the people's court will not accept it. However, where the parties request the dissolution of the cohabitation relationship falls within the category of "cohabitation of a person with a spouse with another person" as provided for in articles 3, 32, and 46 of the Marriage Law, the people's court shall accept it and dissolve it in accordance with law.

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.

If a man and a woman who have not registered their marriage in accordance with the provisions of the Marriage Law and live together in the name of husband and wife sue the court for divorce, they shall be dealt with in two cases.

Since there is no marriage certificate, there is no legal protection, and it is only a relationship between lovers, and there is no problem of divorce.

Legal analysis: You cannot go through the divorce procedures without a marriage certificate. If you want to get a divorce, you should first go to the marriage registration department to re-register the marriage.

The relationship between the two persons is a cohabitation relationship and can be dissolved through negotiation, and the property acquired during the existence of the cohabitation relationship is joint property, and the two may divide it through negotiation, and if the negotiation fails, the court shall make a judgment in accordance with law.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as the custody of the children, property, and the handling of debts.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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 shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

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

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not allowed, the parties have been separated for one year or more, and one party initiates a divorce lawsuit again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Divorce from a de facto marriage without a marriage certificate can only be carried out through litigation.

The following procedures need to be followed:

1) The party requesting the divorce shall write a complaint and file a divorce lawsuit with a court of competent jurisdiction.

2) After the indictment, the court will conduct a review, and the court will absolutely decide whether to file the case within seven days, and if the conditions for filing a case are met, the court will file and accept the case, and serve the complaint on the defendant, and then the defendant will make a defense.

If you don't get a marriage certificate, it's not a marriage, it's just a cohabitation relationship, and one party can move out.