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Recently, in the process of handling the case, a client has consulted me about the issue of how many years of cohabitation can be counted as a legal couple, and I will share it with you here today. Nowadays, more and more people are cohabiting together without registering their marriages, and various legal problems arising from cohabitation are also increasing. After years of experience, I personally believe that apart from the provisions of the law on de facto marriage, the length of cohabitation is not necessarily related to whether it is a legal couple.
Judicial Interpretation I of the Marriage Law stipulates that if a man and a woman have met the substantive requirements for marriage before the promulgation and implementation of the Marriage Registration Regulations of the Ministry of Civil Affairs on February 1, 1994, it shall be treated as a de facto marriage. The Marriage Law stipulates that a man and a woman who wish to marry must register their marriage in person at the marriage registration office, and if they meet the requirements of the Marriage Law, 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 marriage registration shall be supplemented. From the perspective of the law, in addition to the legally recognized de facto marriage, no matter how long they have lived together, they will not be counted as a legal husband and wife, and if they want to become a legal couple, they must go to the marriage registration department to go through the marriage registration formalities or make up the marriage registration procedures. Legal basis:
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (1) Article 5 of the Supreme People's Court Article 5 Where 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 sue the people's court for divorce, they shall be treated differently: (1) Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, where both the man and the woman have met the substantive requirements for marriage, it shall be 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 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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A common-law relationship that is not registered at the marriage registration office is not a legal couple and is not protected by law.
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A husband and wife who have been separated for ten years are considered husband and wife, and as long as the parties have not gone through the statutory divorce procedure, they are still legally married. Divorce can only be a voluntary divorce between the husband and wife and an application for divorce registration at the marriage registration authority in person; or litigation divorce, where the court grants a divorce and dissolves the marriage relationship, which is considered to be the end of the marriage.
Article 1079 of the Civil Code, which came into force on January 1, 2021? Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with 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) Distributing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.
If, after the People's Peizao People's Court has ruled that divorce is not allowed, the parties have been separated for one year or more, and one party files a divorce lawsuit again, the divorce shall be granted.
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The only evidence that there is a legal relationship between husband and wife is that the two have registered their marriage with the marriage history registration authority and received a marriage certificate. Cohabitation for a long time and before the encounter does not receive the protection of the law, it is only a cohabitation relationship.
Legal basis: Article 1041 of the Civil Code of the People's Republic of China Marriage and family are protected by the state. Freedom of marriage, monogamy, and equality between men and women are practiced. Protect the lawful rights and interests of women, minors, the elderly, and persons with disabilities.
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Legal analysis: The only evidence that there is a legal relationship between husband and wife is that the two have registered their marriage with the marriage registration authority and obtained a marriage certificate. Cohabitation for a long time will not be protected by the law, but only a same-hand royal relationship.
Legal basis: Article 41 of the Civil Code of the People's Republic of China Marriage and family are protected by the state. Freedom of marriage, monogamy, and equality between men and women are practiced. Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.
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Living together for several years is not considered a legal couple. That is, if the marriage has not been registered, the marriage relationship shall not be established. However, if the cohabitation relationship between the parties arose before February 1, 1994, it can constitute a de facto marriage relationship and shall be regarded as a legal husband and wife relationship.
How many years of cohabitation without a license is considered a legal couple.
How many years of cohabitation without a license is considered a legal couple. How many years of cohabitation without a license is not considered a legal couple. Article 1049 of the Civil Code of the People's Republic of China stipulates:
A man and a woman who wish to marry in the state 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. In other words, only when the marriage certificate is registered can it be considered a legal couple.
Couples who do not live together for several years will automatically divorce.
No matter how long the husband and wife do not live together, they cannot be automatically divorced, and the law of our country stipulates that divorce between husband and wife can only be divorced by agreement and litigation. According to the relevant laws and regulations of our country, if the 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' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property, and debt handling.
The legal basis is hereby or.
Article 1049 of the Civil Code of the People's Republic of China [Marriage Registration] 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.
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Legal Analysis: Cohabitation is not considered husband and wife. Only when a marriage is registered and a marriage certificate is obtained can the marriage relationship be established and the husband and wife are considered as legal husband and wife.
As long as they live together without a marriage certificate, it is an illegal cohabitation relationship, which has no legal effect, and is not regarded as a legal husband and wife relationship recognized by law. At present, China's law does not recognize de facto marriages, so if you want to become a husband and wife and establish a legal husband and wife relationship, you must apply for marriage registration at the marriage registration authority.
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.
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