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Anonymous users2024-02-07Legal analysis: If you do not receive a marriage certificate, it is not a legal husband and wife relationship, after February 1, 1994, our country no longer recognizes de facto marriages, so if you want to become a legal husband and wife, you must go to the Civil Affairs Bureau to obtain a marriage certificate. 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, and it is forbidden for any organization or individual to interfere with it. Article 1047:The age of marriage shall not be earlier than 22 years 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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Anonymous users2024-02-06If they gave birth to children before February 1, 1994 and live together, they are in a de facto marriage and are legal husband and wife; If a child is born after February 1, 1994 and does not have a certificate, it is a cohabitation relationship.
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Anonymous users2024-02-05After February 1, 1994, there was no de facto marriage relationship in China, and only after obtaining a marriage certificate can it be regarded as a legal union.
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Anonymous users2024-02-04If the child was born before February 1, 1994, the child lives together, which is a de facto marriage and is a legal husband and wife; If a child is born after February 1, 1994 and does not have a matching certificate, it belongs to the cohabitation and hardship system.
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Anonymous users2024-02-03After February 1, 1994, there was no real marriage relationship in our country, and only when the leader shouted that the marriage certificate was missing, it could be regarded as a legal agreement.
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Anonymous users2024-02-02Having a child without a marriage certificate is not a legal couple, but only a common-law relationship.
1. How to deal with marriage disputes that have not obtained a marriage certificate.
Without a marriage certificate, the parties are not legally married. However, before 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, they may be treated as de facto marriages. 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 re-register the marriage.
Where marriage registration has not been completed, it is to be handled in accordance with article 3 of this interpretation. If a dispute arises, the two parties may negotiate to handle it, and if the negotiation fails, they may also file a lawsuit in the people's court.
2. How to sue for bigamy without a marriage certificate.
In the absence of a marriage certificate, if the crime of bigamy is to be prosecuted, then evidence is generally required to prove the fact of bigamy. Specifically, if the spouse has obtained a marriage certificate and is in a legal relationship with the spouse, and the spouse cohabits with another person, or has obtained a marriage certificate, he or she may file a private prosecution with the court in accordance with the law to request that the spouse be investigated for criminal responsibility. In the absence of a marriage certificate, as long as it can be proved that there is a de facto marriage, then it can also be prosecuted for bigamy.
3. How to divorce without a marriage certificate in the past.
If the parties did not have a marriage certificate 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 the substantive requirements for marriage were met, it shall be treated as a de facto marriage, and the parties may first apply for a marriage certificate and then go through the divorce formalities at the Civil Affairs Bureau; If the man and woman are not in the above situation, because there is no marriage certificate and no legal and valid marriage relationship has been formed, there is no problem of divorce, and the parties can dissolve the cohabitation relationship on their own.
Civil Code of the People's Republic of China
Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other party, nor shall any organization or individual interfere with it.
Article 1047:The age of marriage shall not be earlier than 22 years 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. Those who have not completed the marriage registration shall apply for a supplementary registration.
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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Anonymous users2024-02-01After February 1, 1994, there was no de facto marriage relationship in my country, and only after receiving the marriage certificate can we be regarded as a legal co-attendant.
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Sympathy, I'm in the same situation now, I don't know what to do, the woman outside is still showing off in front of me.
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