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Legally you are not husband and wife, but you are in a de facto marriage, but you are still not protected by the law.
If you want legal protection, you can reapply for a marriage certificate.
However, if there is anything that is needed to protect your marriage, the law will still consider your de facto marriage.
It is a de facto marriage. Protected by law. The following elements are required for a de facto marriage to be constituted:
(i) The act of cohabitation (i.e. the continuous and stable cohabitation of a man and a woman) began before 1 February 1994;
(2) The cohabitation is carried out in the name of husband and wife;
3. The cohabiting parties had met the substantive requirements for marriage at the time of cohabitation prior to 1 February 1994.
The so-called substantive requirements for marriage are the conditions that must be met by both men and women to establish a relationship between husband and wife, including: 1. Both parties have reached the legal age of marriage (22 for men and 20 for women); 2. Both parties are willing to marry; 3. Neither party has a spouse and does not belong to the direct blood relatives or collateral blood relatives within three generations; 4. Do not suffer from any disease that is medically considered unsuitable for marriage. I wish you a happy life.
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It is a cohabitation relationship, but the latest law stipulates that cohabitation for a long enough time can be recognized as a husband and wife, but it is better to have a certificate
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As long as evidence can be presented, this should be regarded as a de facto marriage in law and is also protected by law.
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Legal analysis: It is not considered a legal husband and wife, unless the two of you have been living together since February 1, 1994, without applying for a marriage certificate, and the state recognizes you as a de facto marriage.
Legal basis: Article 1046 of the Civil Code of the People's Republic of China Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to force the other party or any organization or individual to interfere.
Article 1 The age of marriage shall not be earlier than 22 years old 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 wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they 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 under 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.
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Married for 20 years without a marriage certificate is not considered a legal couple. The details are as follows:
1. A de facto marriage is a man and a woman who have no spouse and live together as husband and wife without marriage registration, and the masses also believe that it is a union of the sexes in the relationship between husband and wife. However, in consideration of China's actual national conditions, in order to maintain the stability of the marriage relationship within a certain range, especially among the vast number of rural people, the state conditionally recognizes the relationship between men and women who live together in the name of husband and wife without marriage registration, which gives rise to the concept of de facto marriage;
2. After both men and women complete the marriage registration and receive the marriage certificate, and establish the marriage relationship, they will become legal husband and wife. The establishment of a lawful relationship between husband and wife is generally examined and handled by the marriage registration authorities. Husband and wife who establish a marriage relationship should be faithful to each other, respect each other, and care for each other.
After the 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 according to the agreement between the man and the woman. Legal husbands and wives have equal status in marriage and family, and husbands and wives have the obligation to support each otherLegal basisArticle 1049 of the Civil Code of the People's Republic of China.
A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. Where the provisions of this Law are met, they 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 1055.
Husbands and wives have equal status in marriage and family.
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According to the Marriage Act.
If there is no marriage registration at the Civil Affairs Bureau in accordance with the law, then it does not constitute a legal husband and wife relationship. Although the two have been married for more than ten years and have also held banquets, they do not have a marriage certificate.
If you do not register with the Civil Affairs Bureau, you are not a legal husband and wife, and the marriage of two people is not protected by law, and the best way to deal with it is for two people to immediately go to the Civil Affairs Bureau to go through the marriage procedures.
Even though the parties may be living together as husband and wife, the latest marriage law has now abolished de facto marriages.
As long as the marriage is not registered, it is not considered a legal couple. In the old days, this may have been the case, because at that time the marriage only required the bride price to be given.
After the wedding, even if it is a husband and wife, many of them have not been registered with the Civil Affairs Bureau, and the management of this aspect is relatively lax, and now it is clearly required that both parties must apply for a marriage certificate, which can be regarded as a real marriage from a legal point of view.
If two people have not received a marriage certificate, but living together can only be regarded as cohabitation, not marriage, they must understand this concept clearly. If the relationship between two people is deep and has reached the point of getting married, and a banquet is also held, then the two people must immediately go to the Civil Affairs Bureau to complete the marriage procedures and receive the marriage certificate, which means that the two people are real legal husband and wife, and the household registration books of both parties will also change accordingly.
A marriage certificate is a valid legal document for the marriage registration authority to prove the marriage relationship, and it is generally in duplicate.
Both men and women hold a copy, there is a ** of both men and women, and it is also stamped with the special steel seal of the marriage registration authority, if the marriage certificate is lost, you can also apply to the Civil Affairs Bureau for reissuance, and the latest regulations do not need to pay the relevant cost of marriage, which means that the marriage is completely free, so in order to better prove the relationship between the two, you must get the marriage certificate in time.
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If you have been married for more than ten years without a marriage certificate, you are not considered a legal husband and wife. In the case of a legal couple, it refers to the receipt of a marriage certificate. The new marriage law stipulates that there is no de facto marriageLegal couples only recognize marriage certificates
Since two people choose to live together, getting a marriage certificate is a very simple matter, and they go directly to the Civil Affairs Bureau to get a marriage certificate with their ID card and household registration book, which is a legal couple.
The new marriage law only recognizes marriage certificates, mainly because of the avoidance of some bigamists. After some people get married, they do not choose to divorce and live with other members of the opposite sex outside, which is especially common. There are two reasons why they don't get a marriage certificate together, the first is that two people don't love each other.
The second is that one party is married and has not divorced, and there is no way to obtain a marriage certificate.
In our country, men can get a marriage certificate when they reach the age of 22 and women who reach the age of 20. If you are under the legal age to get married, you cannot obtain a marriage certificate. In the Marriage Law, the principle of mutual consent, the marriage certificate requires the voluntary consent of two people.
It is not mandatory to obtain a marriage certificate, and the marriage law protects the interests of each of us. We are in an era of freedom of marriage, there are no parental arranged marriages, and there are no marriages for sale. In the past, we fell in love after we got married, but now we fall in love first and get married later.
We are all adults, and if we live with one person and do not get a marriage license, we can only say that we are living together. Not considered a legal couple, cohabitation and legal husband and wife are just a marriage certificate. But a marriage license can protect our rights, I saw such a news before.
The nanny lived with the employer for 10 years and did not receive a marriage certificate. The employer did not divorce his ex-wife and gave the estate to the nanny. The court ruled that the employer was guilty of bigamy and that the nanny did not receive a share of the inheritance.
This story tells us that the advantage of a marriage license is that it can protect our property and can give us money. No divorce, no marriage certificate. In addition to living together, other possessions have nothing to do with us.
Becoming a legal couple is very simple, that is, to get a marriage certificate, and not to live with one person in a confused way.
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Personally, I think that it is a legal couple, as long as there are no problems during the marriage process, but if there are related problems in the marriage, involving other disputes such as economic disputes, there is no marriage certificate, and it is not considered a legal couple, because without a marriage certificate, the state does not recognize the relationship between husband and wife.
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It is not considered a legal husband and wife, and a legal husband and wife must be registered with the Civil Affairs Bureau.
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In such a situation, it is not a legal couple, and it is not recognized by law, and you should go to get a divorce certificate.
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Whether it can be recognized as a lawful marriage relationship needs to be based on Article 7 of the Supreme People's Court's Interpretation on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China: Where a man and a woman who have not completed marriage registration in accordance with Article 1049 of the Civil Code and live together in the name of husband and wife file a lawsuit for divorce, they shall be treated differently: (1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, both the man and the woman had met the substantive requirements for marriage; It is treated 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, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to reapply for marriage registration. If they have lived together in the name of husband and wife continuously and stably before February 1, 1994, and meet the substantive requirements for marriage, it is a de facto marriage, and they may also go to the relevant departments to complete the marriage formalities together, and it is a legal marriage relationship from the beginning and is protected by law. If the parties do not meet the requirements of a de facto marriage, it can only be regarded as a cohabitation relationship, which is not protected by law.
However, if both parties already have a child, although the child is born out of wedlock, he or she enjoys the same rights as a legitimate child, and the biological parents shall bear the obligation to raise, educate and protect them. It's just that there is no husband and wife relationship because the two parties have not applied for a marriage certificate. If there are already children, although the children are born out of wedlock, they enjoy the same rights as legitimate children, and the biological parents shall bear the obligation to raise, educate and protect them.
Whether the property relationship between the two parties is common or not may be agreed upon by the two parties; Where property has already been mixed, it shall be handled in accordance with joint ownership. Marriage and family are protected by the state, and marriage registration shall be completed, that is, the marriage relationship shall be established. Where marriage registration has not been completed, the registration shall be re-registered.
If the marriage is due to coercion, the coerced party may request the people's court to annul the marriage, but this shall be done within one year from the date on which the coercive act is terminated, and where 20 years have elapsed and it is difficult to find that there is coercion.
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According to the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, if both the man and the woman have met the substantive requirements for marriage, it shall be treated as a de facto marriage. After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if 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.
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Those who have been married for 20 years should already be considered a legal husband and wife and are protected by law.
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