How to divorce if you never register your marriage

Since the parties have not registered their marriage, then the parties are in a cohabitation relationship, which is not supported or encouraged by the marriage law, and is not within the scope of legal mediation. It is a choice made by both parties about their own living situation. That is, this relationship is not protected by law.

At the same time, since it is a cohabitation relationship, there is no such thing as divorce between the parties, and the parties can dissolve the cohabitation relationship at their own discretion.

However, according to the interpretation (2) of several issues of the Marriage Law of the People's Republic of China, there are clear provisions for this purpose: if the parties request to dissolve the cohabitation relationship, the people's court will not accept it. However, where the parties initiate litigation due to the division of property or the support of children during the period of cohabitation, the people's court shall accept it.

If they are not registered, then they are not considered legal couples, and they are not recorded in the Civil Affairs Bureau.

Therefore, there is no need to go through any divorce procedures.

After completing the marriage registration at the marriage registration office, the divorce registration formalities shall be completed. If both parties are unable to re-register their marriage, they may file a lawsuit for divorce with the court.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Fa Shi 2001 No. 30):

Article 4: Where a man and a woman apply for marriage registration in accordance with the provisions of Article 8 of the Marriage Law, the validity of the marriage relationship shall be calculated from the time when both parties meet the substantive requirements for marriage as provided for in the Marriage Law.

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, and file a lawsuit with the people's court for divorce, they shall be treated differently:

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 had met the substantive requirements for marriage, it was to be handled 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.

The Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Fa Shi [2003] No. 19) provides:

Article 1: Where parties file a lawsuit requesting the dissolution of a cohabitation relationship, the people's courts 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.

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: "Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1)" Article 7: 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, and 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", where both men and women have already met the substantive requirements for marriage, it is to be handled as a de facto marriage.

2) After the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" are promulgated and implemented, where both the man and the woman pretend to be blind and meet the substantive requirements for marriage, the people's court shall inform them to re-apply for marriage registration. Where the marriage registration has not been completed, it is to be handled in accordance with the provisions of Article 3 of this Interpretation of the Cave.

There is no need for divorce if there is no marriage registration, and the two parties who have not registered for marriage have not formed a marriage relationship, so there is no problem of divorce.

Article 10 of the Regulations on Marriage Registration Where a Mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register the divorce. Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent residence to complete the divorce postponement registration. 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 legitimate rights and interests of women, minors, the elderly, and the disabled.

Divorce by agreement and litigation can be obtained without registration.

Divorce by agreement: You can first apply for a marriage certificate, and then apply for divorce registration at the marriage registration office.

Divorce by litigation: The marriage certificate is not a necessary document for divorce by litigation, and it is also possible to have other documents that can prove the marriage relationship.

Ways to get divorced:

After negotiation between the two parties, they shall go through the divorce formalities at the marriage registration authority at the place where one party has permanent residence with the divorce agreement, marriage certificate, ID card, and household registration booklet, and the marriage registration authority shall examine the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances. Where the parties are truly voluntarily divorced and have reached a consensus on issues such as child support, property, and debts, they shall be registered on the spot, a divorce certificate shall be issued, and the couple's life will come to an end.

If one party does not agree to the divorce or regrets not performing after signing the divorce agreement, the other party may file for divorce. Generally, the lawsuit is filed in the court of the place where the defendant is domiciled, or in the court where the defendant has resided for more than one year. <>

Legal analysis: If the marriage is not registered, the relationship between the two parties is a cohabitation relationship rather than a legal marriage relationship, and there is no problem of divorce, and the two parties can dissolve the cohabitation relationship and break up on their own.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization 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) 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 permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Summary. Hello dear, happy to answer your <>

If you don't have a marriage registration, you can get a divorce at the Civil Affairs Bureau.

How to divorce without marriage registration.

Hello dear, happy to answer your <>

If you don't have a marriage registration, you can get a divorce at the Civil Affairs Bureau.

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 make up the marriage registration.

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 the joint property of the clan, and the two can divide it through negotiation, and if the negotiation fails, the court shall make a judgment in accordance with law.

May I. Legal basis: Article 7 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) 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 shall be treated differently if they file a lawsuit for divorce

1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both a man and a woman have met the substantive requirements for marriage, it shall be handled 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 a man and a woman meet the substantive requirements for marriage, the people's court shall inform them to make up for the marriage. Where marriage registration has not been completed, it is to be handled in accordance with article 3 of this interpretation.

Yes, but you need to reapply for a marriage certificate first.

If you don't make it up, you can't leave.

Yes dear

If a man and a woman living together as husband and wife without obtaining a marriage certificate want to divorce, they shall be treated differently in two situations: if the marriage was concluded before February 1, 1994, and both the man and the woman have met the substantive requirements for marriage, the de facto marriage is legal, protected by law, and proceeds in accordance with the normal divorce procedures; If the marriage was concluded after February 1, 1994 and the marriage certificate was not obtained, the marriage relationship between the parties was not protected by law but was a cohabitation relationship.

1. Actual marital relationship.

A de facto marriage is legally referred to as a de facto marriage. If the cohabitation was carried out before the promulgation 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 have been met, the marriage shall be considered to be carried out. If they cohabit after that or do not meet the substantive requirements for marriage, it is not considered a de facto marriage.

The following elements are required for a de facto marriage to be constituted:

(i) The cohabitation of a man and a woman (i.e. a man and a woman living together continuously and steadily) 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 before 1994.

2. Is a de facto marriage the same as an illegal cohabitation?

Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, a man and a woman who had not registered their marriage in accordance with the law and lived together as husband and wife;

If the substantive requirements for marriage have been met, it shall be handled as a de facto marriage, while if the husband and wife live together in the name after February 1, 1994, it shall be handled as a cohabitation relationship.

Once it is recognized as a de facto marriage, it shall be treated as a legally effective marriage and shall be treated the same as a legally registered marriage.

A de facto marriage is not the same as an illegal cohabitation, and the difference between the two is manifested in the following ways:

1. The constituent elements of the two are different.

2. The legal consequences of the two are different.

3. The identity relationship between the two is different.

4. The property relationship between the two is different.

5. The two have different legal inheritance rights.