If I don t get a marriage certificate, how should I get a divorce?

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.

The above ** content is the response of the male lawyer of the family law firm Marseille on "How to divorce without a marriage certificate when you divorce?" If there is no marriage certificate during divorce, the first thing to distinguish is whether you have not received a marriage certificate or a marriage certificate, because external factors cannot find a marriage certificate, and these two situations should be treated differently.

According to the laws of our country, if the marriage is held before February 1, 1994 and the marriage certificate is not obtained, it will constitute a de facto marriage, and you can directly go to the court to sue for divorce; If you live together without a marriage certificate after February 1, 1994, it is a cohabitation relationship, and you can break up directly.

Before February 1, 1994, the parties lived together until now, and it was a de facto marriage, even if they did not obtain a license, they were husband and wife. If the two can't get by, they can go to the court to sue for divorce. After 1 February 1994, if there is no certificate, they are not husband and wife.

If the two cannot get along, the court will treat it as a dissolution of the cohabitation relationship.

Legal analysis: If you do not get a marriage certificate, if the cohabitation occurred before the promulgation and implementation of the "Marriage Registration Measures" in 1994, then it will be treated as a de facto marriage, and in this case, unless both parties are willing to make up the marriage registration, they can only go to the people's court to file a lawsuit, and cannot go to the marriage registration department to handle the divorce by agreement.

Legal basis: "Norms for Marriage Registration Work" Article 62 If a party loses or damages a marriage registration certificate, he or she may make a fuss and apply to the original marriage registration authority that handled the marriage registration or the marriage registration authority where one of the parties has permanent residence. Provinces with the conditions may allow their residents to apply for a replacement marriage registration certificate from the airport in charge of the marriage registration of mainland residents within their jurisdiction.

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.

Legal Analysis: No Divorce Required. It is a legal marriage relationship, and naturally there is no need to go through the divorce procedure stipulated by 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 child support, property, and debt handling.

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 permitted, and the parties have been separated for another year, and one party initiates divorce proceedings 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.

Couples who do not have a marriage certificate are not legally married and cannot be divorced. Because since they are not legally husband and wife, they naturally do not need to go through the divorce procedure stipulated by law.

Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that men and women who have not registered their marriage 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 court for divorce

Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, the man and woman who have met the substantive requirements for marriage shall be treated as a de facto marriage.

After the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" was promulgated and implemented on February 1, where both a man and a woman meet the substantive requirements for marriage, the people's court shall inform them to make up the marriage registration before the case is accepted, and if the marriage registration is not completed, it is to be handled as an illegal cohabitation.

Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, where both men and women have met the substantive requirements for marriage, it is to be handled as a de facto marriage.

After the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" was promulgated and implemented on February 1, where both the man and the 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 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates: "If a man and a woman who have not registered their marriage in accordance with Article 8 of the Marriage Law and live together in the name of husband and wife sue the court for divorce, they shall be treated differently Before the promulgation and implementation of the "Regulations on the Administration of Marriage Registration" of the Ministry of Civil Affairs on February 1, the man and woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage.

After the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" was promulgated and implemented on February 1, where both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to apply for marriage registration before accepting the case; Where the marriage registration is not completed, it is to be handled as an illegal cohabitation relationship. ”