What about cohabitation and divorce? How is the property divided and who has custody of the children

The court will dissolve the illegal cohabitation relationship, mainly dealing with the division of property and child support. The decision on which party the children live with is generally based on the principle of "conducive to the healthy growth of the children". Paragraph 3 of Article 36 of the Marriage Law provides:

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the interests of the child and the specific circumstances of both parties. "The issue of the maintenance of a child after the breastfeeding period shall first be determined by the parents through consultation, and if the negotiation fails, the people's court shall make a judgment on the basis of the circumstances of both parties.

If both the father and the mother request to live with them, according to Articles 3 and 4 of the above-mentioned Opinions of the Supreme People's Court, one party may be given priority in any of the following circumstances:

2) The child has lived with the child for a long time, and changing the living environment is obviously not conducive to the healthy growth of the woman;

3) There are no other children, and the other party has other children;

4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

5) The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparent for many years, and the grandparent requires and has the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the father or mother.

1. You can sue, but because two people are not married and it is an illegal cohabitation relationship, the court will not deal with the cohabitation relationship, and you can only refer to the "Marriage Law" to request the division of the joint property during the cohabitation period (note that it is not joint property) and the custody of the child. 2. The ownership of the custody of the child is determined according to the criterion of who is the most beneficial to the healthy growth of the child.

How can you get divorced if you are not married, it is not protected by the law, the current law does not recognize de facto marriages, the marriage law is not suitable for you, if you want the law to separate, then you have to prove your own property, the child raising law will consider the living conditions of both parties, if the law will be awarded to the party with good conditions, the other party will have to pay child support.

The custody of children in separation and divorce stipulates that if the child is under the age of two years, it will go to the woman, and if the woman is not suitable for support, it will go to the man; For children who have reached the age of two, the two parties shall first negotiate, and if the negotiation fails, the people's court shall determine the ownership of custody rights based on the actual circumstances of both parties, starting from the interests of the children's physical and mental health and the protection of the children's lawful rights and interests.

[Legal basis].Article 1084 of the Civil Code of the People's Republic of China.

The relationship between parents and children is eliminated by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court shall make a judgment based on the specific circumstances of the Shuangzheng formula and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

The laws of our country on the ownership of the custody of children separated by husband and wife are as follows: 1. Regarding the maintenance of children under the age of two 1. 2. If the mother has any of the following circumstances, she can live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them; (2) The father requires the child to live with him/her; (3) The child is unable to live with the mother due to other reasons. 3. Both parents agree to live with the father and have no adverse effect on the healthy growth of the child, so they can live with the father. II. Raising Minor Children Over the Age of Two (1) Where both parents are fighting for custody 1. If both the father and the mother request to live with them, priority may be given to one of the following circumstances:

1) Have undergone sterilization or have lost their fertility due to other reasons; (2) The child has lived with the child for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child; (3) There are no other children, and the other party has other children; 4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child. 2. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparent or maternal grandparent for many years, and the grandparent or maternal grandparent requests and has the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the parent or mother. 3. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 lives with the father or mother, the child's opinion shall be taken into account.

4. On the premise that it is conducive to protecting the interests of the children, it may be permissible for the parents of the elder brother to agree to take turns raising the children. (2) If both parents refuse to raise the child, during the divorce proceedings, a ruling may be made in advance to temporarily raise the child by one party.