How can I get a divorce if I don t get a marriage certificate?

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.

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.

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 you have gone through marriage registration but the marriage certificate is lost, you can obtain a marriage certificate from the marriage registration authority if you want to divorce, and the marriage registration authority will verify the marriage registration file, confirm the authenticity, and issue a certificate of verification and verification of the royal marriage registration.

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 have filed a lawsuit for divorce in accordance with the provisions of the Marriage Law, they will be dealt with in two cases.

1. You can't go through divorce procedures without a marriage certificate. If they are not married, the relationship between the two is a cohabitation relationship, which can be dissolved through negotiation on their own, and the property acquired during the existence of the cohabitation relationship is joint property, and the two can divide it through negotiation, and if the negotiation fails, the court shall make a judgment in accordance with law.

2. Legal basis: Article 55 of the Marriage Registration Work Specifications.

The conditions for accepting an application for divorce registration are:

a) The marriage registry office has jurisdiction;

2) The husband and wife who request a divorce jointly apply to the marriage registry office;

3) Both parties have full capacity for civil conduct;

4) The parties hold a divorce agreement, which clearly states the parties' intention to divorce voluntarily and the opinions reached through consensus on matters such as child support, property and debt handling;

5) The parties hold a marriage certificate issued by the Mainland marriage registration authority or the Chinese embassy (consulate) abroad;

6) The parties each submit two 2-inch single recent half-length bareheaded **;

7) The parties hold valid identification documents provided for in articles 29-35 of these Norms.

2. What is the way to dissolve the cohabitation relationship.

1. If there is no spouse who requests the relationship after cohabitation, it can be dissolved by themselves, without going through any department;

2. Where a cohabitation relationship is formed between persons with a spouse or between a person with a spouse and a person without a spouse and a request for dissolution, the people's court shall dissolve it;

3. Where cohabitants have formed joint property during the period of cohabitation, and a dispute arises over the division of common property and is brought to the people's court, the people's court shall handle it according to the dispute over the separation of property in the cohabitation relationship;

4. If a cohabitant gives birth to a child during the period of cohabitation, and a dispute arises due to a problem and is brought to the people's court, the people's court shall handle it as a dispute over the custody of the child in the cohabitation relationship;

5. If a person without a spouse cohabits with each other and requests to dissolve the cohabitation relationship, both parties can dissolve the cohabitation relationship on their own, and there is no need to file a lawsuit with the people's court;

6. If no agreement can be reached on issues such as property disputes and child support arising from cohabitation, the people's court may hear and adjudicate the case;

7. Where a spouse cohabits with another person, and in order to dissolve the cohabitation relationship, both parties determine compensation in the form of a loan, etc., and one party sues to claim that the other party pay the compensation, the people's court will not support it.