Marriage and divorce law without marriage certificate, what law can divorce without marriage certifi

No need to get a divorce without a marriage certificate!

Legal Analysis: A marriage certificate is the most direct proof used to prove the existence of a marriage. If a lawsuit is filed for divorce but there is no marriage certificate, it can also be submitted to the court as evidence as long as there are other materials that can prove the existence of the marriage relationship. Specifically, it is divided into the following two situations:

First, if a divorce has never been registered for marriage, a divorce lawsuit can be filed directly if they lived together in the name of husband and wife before February 1, 1994 and are in a de facto marriage; If a person has lived together as husband and wife after February 1, 1994 and meets the substantive requirements for marriage, he or she shall first go to the marriage registration authority to re-register the marriage before filing a divorce lawsuit; If the marriage registration is not completed, the people's court will handle it as the dissolution of the cohabitation relationship.

Second, if you have registered your marriage but lost or damaged your marriage certificate, you can file for divorce: First, you can apply to the marriage registration authority for a replacement of the marriage certificate. Secondly, they can apply to the marriage registration authority for proof of the issuance of marriage registration records.

Thirdly, the marriage registration file can be inspected and copied from the marriage registration file keeping department.

Legal basis: Article 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 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.

Because the two parties have not gone through the marriage certificate at all, they do not meet the state's standards for determining de facto marriage, and the two are not husband and wife, there is no divorce, and there is only an agreement to break up. On 1 February 1994, the Ministry of Civil Affairs' new "Regulations on the Administration of Marriage Registration" stipulates that if a citizen who has not reached the age of marriage cohabits as a husband and wife, or if the parties who meet the "conditions for marriage" cohabit in the name of husband and wife without registration, their marriage relationship shall be null and void and shall not be protected by the law on the side of the law.

Article 1049 of the Civil Code provides that 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.

A marriage without a marriage certificate is an illegal cohabitation relationship, and there is no need to go through divorce procedures, and both parties can directly dissolve the illegal cohabitation relationship. According to the provisions of law, where a party initiates a lawsuit and only requests the dissolution of the cohabitation relationship, the people's court will not accept it; where it has already been accepted, a ruling is made to reject the lawsuit.

1. Can the court compel the dissolution of the cohabitation relationship?

Where a party's request to dissolve a cohabitation relationship is generally not accepted by the court, but where the parties' request to dissolve the cohabitation relationship is "a person with a spouse cohabiting with another person", 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. Article 3 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family stipulates that if a blind party initiates a lawsuit and only requests the dissolution of the cohabitation relationship, the people's court will not accept it; where it has already been accepted, a ruling is made to reject the lawsuit.

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.

2. Is there a repeated lawsuit for confirmation of the invalidity of the contract and revocation of the contract?

The first paragraph of the confirmation of the invalidity and revocation of the contract is not a duplicate action. According to article 247 of the Interpretation of the Supreme People's Court on Application, if a party files a lawsuit again during the course of litigation or after the judgment has taken effect, and the following conditions are met at the same time, it constitutes a duplicate lawsuit: (1) the parties to the later lawsuit are the same as those in the previous lawsuit; (2) The subject matter of the later litigation is the same as that of the previous litigation; (3) The claims of the later litigation are the same as those of the previous litigation, or the litigation claims of the later litigation substantially negate the judgment of the previous litigation.

Where parties file repeated lawsuits, a ruling is made not to accept them; where it has already been accepted, a ruling is made to reject the lawsuit, except as otherwise provided by laws or judicial interpretations.

3. Is it illegal to cohabit in violation of the law?

In principle, illegal cohabitation is not a violation of the law, but if one party is married and both parties live together as husband and wife, they are suspected of bigamy and may violate the criminal law. If a man and a woman want to dissolve an unlawful cohabitation relationship, they can separate them naturally. Where parties initiate litigation due to disputes over the division of property or child support during the period of illegal cohabitation, the people's courts shall accept it.

Article 3 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

Where a party initiates a lawsuit and only requests the dissolution of the cohabitation relationship, the people's court will not accept it; where it has already been accepted, a ruling is made to reject the lawsuit.

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.

1. The following elements are required for the constitution of a de facto marriage:

1. Cohabitation between a man and a woman (i.e., a man and a woman living together in a continuous and stable manner) began before 1 February 1994.

2. Cohabitation is carried out in the name of husband and wife.

3. The cohabiting parties have met the substantive requirements for marriage at the time of cohabitation before February 1, 1994.

2. The so-called substantive elements of marriage are the conditions that must be met by a man and a woman to establish a marital relationship, 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.

3. If the marriage certificate of the husband and wife is lost, they can go to the civil affairs department of the place where one of the spouses is registered to issue a written explanation of the situation with their ID cards and household registration booklets, and the divorce formalities can be handled after the marriage registration authority has verified and found it correct.

The Opinions of the Ministry of Civil Affairs on Several Issues Concerning the Implementation of the "Marriage Registration Regulations" stipulate that: 5. If the spouse or the person applying for divorce registration loses one marriage certificate on the issue of marriage certificate in divorce registration, the marriage registration authority may handle the divorce registration on the basis of another marriage certificate; If both marriage certificates of the parties are lost, the marriage registration authority may handle the divorce registration on the basis of the marriage registration file or the proof of marriage registration records provided by the parties. The parties concerned shall make a written explanation of the loss of the marriage certificate, which shall be filed by the marriage registration authority.

Where the name, date of birth, and ID number on the marriage certificate provided by the party applying for divorce registration are inconsistent with the ID card or household registration booklet, the parties shall explain the reasons for the discrepancy in writing.

4. Marriage and Divorce Law without a Marriage Certificate.

Because the two parties have not applied for a marriage certificate at all, they do not meet the state's standards for determining de facto marriage, and the two are not husband and wife, there is no divorce, and there is only an agreement to break up. On 1 February 1994, the Ministry of Civil Affairs' new Regulations on the Administration of Marriage Registration stipulate that if a citizen who has not reached the age of marriage cohabits as a husband and wife, or if the party who meets the conditions for marriage cohabits in the name of husband and wife without registration, his marriage relationship shall be null and void and shall not be protected by law.

5. Is marriage legal without a marriage certificate?

Characteristics of the formation of a de facto marriage: The parties to a de facto marriage have the purpose of the marriage and the form of living together. Whether a man and a woman treat each other as spouses is an important difference in content between de facto marriages and other non-marital relationships; A man and a woman in a de facto marriage are openly husband and wife.

That is, they live together in the name of husband and wife, and they are recognized by the surrounding people. That is to say, not only should there be the whole content of conjugal life internally, but also the identity of conjugal recognized by society in external form; The parties to a de facto marriage do not meet the statutory requirements for marriage registration if they fail to perform the marriage registration formalities. In China, regardless of whether the parties have held a marriage ceremony or not, and those who have not registered their marriage, are not legally married.

Refer to the provisions of the Marriage Law to discuss divorce by agreement.

Divorce Settlement.

The name, ethnicity, date of birth, address, ID number of both parties, the year in which the two parties registered their marriage, whether they have children after marriage, the date of birth of the child, and the relationship between the husband and wife has broken down, and there is no possibility of reconciliation, and the following opinions have been reached by agreement between the two parties.

Child support issues.

Distribution of marital property such as deposits, real estate, debts, etc.

This agreement is in triplicate and signed by the husband and wife. Date.

At present, there is no court in our country that can solve the problem of child support, and both parties have property.

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.

Article 8 of the Marriage Law of the People's Republic of China stipulates that: "A man and a woman who wish to marry must register their marriage 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.

Obtaining a marriage certificate establishes the relationship between husband and wife. Where marriage registration has not been completed, the registration shall be re-registered. ”

2. For those who sue for divorce without a marriage certificate, they shall be dealt with differently according to different circumstances in accordance with the provisions of the law. Article 5 of the Interpretation (I) 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: "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 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 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. ”

So, if not a de facto marriage, then:

1. Since there is no marriage certificate, it is an illegal cohabitation relationship, which does not have the legal effect of marriage, and can be arbitrarily dissolved at any time, and there is no divorce problem. Property disputes and child support issues can be sued in court.

2. If you have met all the conditions required for marriage registration and go to the court to file a lawsuit for divorce, the people's court will inform you that you should apply for marriage registration before the case is accepted. If it is reissued, it will recognize the relationship between husband and wife from the time when both parties meet the substantive requirements for marriage and will be treated as a divorce lawsuit; If it is not reissued, the court will treat it as a dissolution of the cohabitation relationship.

The old man thought that before the cohabitation relationship was dissolved, he should not remarry easily, so as not to cause the suspicion of bigamy. Child support, division of joint property, and dissolution of cohabitation all require agreement or litigation, and the best way to do this is through litigation.

In your case, it is a de facto marriage in the law, and you can file for divorce directly at the local court, as long as both parties agree, the court will arrange everything for you.

If you have not registered your marriage, you will live together, there is no problem of divorce, as long as you are separated, since you don't want any property, then it is simpler.

This case reflects a de facto marriage, which is a type that is not protected by law. Since you don't want anything, there's no need for a divorce.

Since you don't have any financial disputes arising from your marital relationship, it's good to separate directly. But as an outsider, I still have to advise you that the 17-year relationship is not so easy to give up. I hope you think twice.

We have been married for 10 years. There are two sons. There has been no marriage certificate. She's gone now. Excuse me. How should I divorce this marriage?

Without a marriage certificate, there is no nuisance relationship of marriage, and at the same time, it is not protected by the law, and it is free to come and go, and who will raise the child, this two people will negotiate to decide.

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?" "Legal questions are answered in detail, ** explains that if there is no marriage certificate during divorce, first of all, the noisy model should distinguish whether he did not receive a marriage certificate or received a marriage certificate, because external factors cannot find a marriage certificate, and these two situations should be treated differently.