What should I do if I don t have a marriage certificate and have children to break up?

Updated on society 2024-03-04
13 answers
  1. Anonymous users2024-02-06

    Sympathy, I'm in the same situation now, I don't know what to do, the woman outside is still showing off in front of me.

  2. Anonymous users2024-02-05

    You can find the local women's federation to help you, you can also find a lawyer to help you, this kind of man is really hateful, you can endure it for 5 years, it's really great, I believe that there will be a man who loves you in the future, don't accommodate him because of the child, this is actually not good for the child's growth, and if you want the custody of the child, you must have your own financial ability, and find out the evidence in your favor, for example, you can take a picture of him beating you, and when the time comes, you can also report the case! Ask a caring lawyer in the community to help this mother! You don't have to think too much, take good care of yourself and your baby, this kind of person can only punish him with the law.

    For child support, you can ask the court to enforce it. I don't know much about the law, I hope it can help you, and I wish you a happy life with your baby as soon as possible!

  3. Anonymous users2024-02-04

    As long as it is proved that the child is indeed his, he can claim child support through legal channels.

  4. Anonymous users2024-02-03

    You'd better leave early for such a man I really despise such a man You can take the child with you and ask him to pay child support.

  5. Anonymous users2024-02-02

    It's better to break up, don't be sad, such a man, don't do it.

  6. Anonymous users2024-02-01

    For such people, it is better to break up. Depending on the situation, he doesn't seem to want to live with you either. That's it.

  7. Anonymous users2024-01-31

    Hug your beautiful mother, why are you so confused! The child is so old, he hasn't registered yet! No marriage certificate is an unsecured marriage.

  8. Anonymous users2024-01-30

    Take the child away, you won't be at ease with the child following such a father.

  9. Anonymous users2024-01-29

    Is it useful to say it here? Your life is ruined, throw the child to him and go by yourself!!

  10. Anonymous users2024-01-28

    Legal analysis: There is no marriage certificate and children on the handling of the responsibilities of both parties: 1. Regarding the relationship between the two parties, because there is no marriage certificate, it is during the relationship, the man and woman generally bear only moral responsibility, and if the man does not want to take responsibility for the unmarried pregnancy, he does not need to be held responsible if he has no legal husband and wife status; 2. With regard to the issue of raising unmarried children, if the man is resolutely unwilling to fulfill his obligation to support and is unwilling to pay child support, the woman may file a lawsuit with the court, and then the court will enforce against the man in accordance with the law.

    Birth parents are required to pay child support out of wedlock. According to the relevant provisions of the law, the husband should pay a certain amount of maintenance to the illegitimate child, because the illegitimate child has the same rights as the legitimate child, and the biological father or mother who does not directly raise the illegitimate child shall bear the child's living expenses and education expenses.

    Legal basis: Article 1071 of the Civil Code of the People's Republic of China Children born out of wedlock enjoy the same rights as legitimate children, and no organization or individual may harm or discriminate against them. A biological father or mother who does not directly raise a child born out of wedlock shall be liable for the maintenance of the minor child or the adult child who is unable to live independently.

  11. Anonymous users2024-01-27

    Legal Analysis: Because the man and the woman did not receive a marriage certificate, there is no marriage relationship between the man and the woman in law. The custody of the child is generally settled by the man and the woman through negotiation, and if the two parties cannot resolve the problem through negotiation, they can sue the court, and the court will make a judgment based on the support conditions, educational background, age of the child, and whether the man and woman are not suitable for raising the child.

    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 request to marry shall apply for marriage registration in person at the marriage registration authority. If the Fu's jujube section complies with the provisions of this Law, it 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 Marriage shall be null and void in any of the following circumstances:

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

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

  12. Anonymous users2024-01-26

    If there is a child who wants to break up without a false marriage certificate, the child's custody shall be negotiated, and if the negotiation fails, a lawsuit may be filed with the court. If the parent is unable to raise the child directly, maintenance shall be paid until the child reaches the age of majority. [Legal basis] Article 1071 of the Civil Code:

    Children born out of wedlock enjoy the same rights as children born in wedlock, and must not be harmed or discriminated against by any organization or individual. The biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or the adult child who is unable to live independently.

  13. Anonymous users2024-01-25

    Legal analysis: If you have children but do not have a marriage certificate, the two parties do not belong to a legal marriage relationship, and you don't need to go through any formalities to separate, and you can break up normally. However, for the issue of child support, the two parties should negotiate how to solve it, and who will have custody.

    Where a consensus is reached, it is to be performed in accordance with the agreement. If no agreement can be reached, a lawsuit can be filed in the court, and the judge will make a judgment in accordance with the principle of being conducive to the child's growth.

    Legal basis: Civil Code of the People's Republic of China Article 1071 Children born out of wedlock enjoy the same rights as legitimate children, and must not be harmed or discriminated against by any organization or individual. A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

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