What should I do if I get a unilateral divorce without a marriage certificate?

1. If you do not have a marriage certificate in hand, you can check the marriage registration file with the original marriage registration authority, and issue a certificate of marriage status to sue the court for divorce instead of the marriage certificate.

2. If he refuses to live or die, it proves that he still likes you, so he won't leave. Both men and women want to live happily ever after for the rest of their lives. However, managing a happy marriage is not easy to say, and it is the hardest thing in the world to do.

The union between husband and wife is always varied, and the other party's family background, property, knowledge, integrity, dedication, hard work, talent, temperament, beauty, dignity, gentleness, etc., are all important factors that become husband and wife. After becoming a husband and wife, we must test each other's view of marriage, morality, happiness, integrity, forbearance, accommodation, durability, and so on. Anyone who asks for a divorce is a loser in married life because they are not ready to manage the consciousness, knowledge, skills, etc. of the married life.

Generally speaking, love and marriage are a major event in life, love and marriage are about opportunities and fate, fate has not arrived or missed fate, opportunity has not arrived or missed the opportunity, it is not a successful marriage. An unsuccessful marriage is a big regret in life, but innate fate is inseparable from the cultivation and cherishing of the day after tomorrow, and the cultivation and cherishing of the acquired can also make up for the lack of innate fate and opportunities.

True happiness in marriage and love is by no means a simple dedication and dedication, but respect, listening, adaptation, and even a little concession. Respect each other's needs, listen to each other's feelings, adapt to each other's lifestyle, and even tolerate each other's shortcomings. Moral marriage and family is what can the other person get from our marriage?

And not what can I get from a marital family?

Since you have not received a marriage certificate, you are not legally husband and wife, and you can separate directly. Regarding children and property, it is possible to ask the court to deal with it.

If you do not have a marriage certificate, you are not a real husband and wife in law, and if you do not have a marriage relationship (the de facto marriage relationship has been cancelled), it is considered a cohabitation relationship. Since you don't have a marriage certificate and want to separate, it's not called a divorce. So if you really can't get by, it's good to separate, and you don't need to divorce by agreement.

But he still has to fulfill the obligation to support the child.

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 sue the court for divorce, they shall be dealt with in two cases.

Legal analysis: You cannot go through the divorce procedures without a marriage certificate. If you want to get a divorce, you should first go to the marriage registration department to re-register the marriage.

The relationship between the two persons is a cohabitation relationship and can be dissolved through negotiation, and the property acquired during the existence of the cohabitation relationship is joint property, and the two may divide it through negotiation, and if the negotiation fails, the court shall make a judgment in accordance with law.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as the custody of the children, property, and the handling of debts.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not allowed, the parties have been separated for one year or more, and one party initiates a divorce lawsuit again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

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 a person has gone through marriage registration but the marriage certificate is lost, if he wants to divorce, he can obtain a marriage certificate from the marriage registration authority, and the marriage registration authority will verify the marriage registration file and issue a marriage registration certificate if it is confirmed to be true.

If the marriage certificate is not obtained, the marriage registration shall be completed first, and then the divorce shall be carried out. If the two parties want to divorce, they shall first go to the marriage registration office to make up the marriage registration, obtain the marriage certificate, and then divorce after obtaining the marriage certificate.

[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.

If the marriage certificate is lost or destroyed, you can first go to the office where you registered the marriage to apply for a replacement marriage certificate, and then go through the divorce procedures.

You can't get a divorce without a marriage certificate, and you need to bring a marriage certificate to handle a divorce.

Divorce method without a marriage certificate: If the marriage certificate cannot be provided without marriage registration, if both parties are willing, they can also go to the marriage registration authority to make up the marriage registration first, and then go through the divorce registration after the completion of the marriage registration; If a person has gone through marriage registration but lost his marriage certificate, if he wants to divorce, he or she can obtain a marriage certificate from the marriage registration authority, and the marriage registration authority will verify the marriage registration file and confirm that it is true, and then apply for a marriage certificate and then go through the divorce formalities.

So, what should I do if I get divorced without a marriage certificate in this case? (1) Cohabitation occurred before the promulgation and implementation of the Ministry of Civil Affairs' Regulations on the Administration of Marriage Registration and Dismantling on February 1, 1994, and at that time it was treated as a de facto marriage, and in this case, unless both parties are willing to re-register the marriage, they can only file a lawsuit in the people's court, and cannot go to the marriage registration department to handle the divorce by agreement. (2) Cohabitation occurs after the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, and this situation is not a de facto marriage, but an illegal cohabitation, and there is no issue of divorce.

China's law uses time to solve the problem of how to divorce without a marriage certificate. If the conditions for a de facto marriage are met, both parties may apply for a marriage certificate and then go through the divorce formalities, and if they do not meet the requirements for a de facto marriage or are unwilling to do so, it is a cohabitation relationship, and the relationship can be dissolved without going through the civil affairs department or the court. If there is a dispute over the division of cohabitation property, it is also possible to file a lawsuit in court.

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 period of cohabitation.

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" provides that if 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 have filed a lawsuit with the people's court 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 men and women have met the substantive requirements for marriage, it shall be handled as a de facto marriage; (2) After the Ministry of Civil Affairs' "Marriage Registration Management Article or First Case" was promulgated and implemented 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 apply for marriage registration before the case is accepted; 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.

There is no de facto marriage certificate in the town, and the divorce can only be carried out through litigation.

The following procedures need to be followed:

1) The party requesting the divorce shall write a complaint and file a divorce lawsuit with a court of competent jurisdiction.

2) After the case is filed, the court will conduct a review, and the court will absolutely decide whether to file the case within seven days, and if the conditions for filing the case are met, the court will file the case and accept it, and serve the complaint on the defendant, and then the defendant will make a defense.