My husband and wife did not get a marriage certificate, how to divorce 30

If you do not register your marriage, you do not need to go through the divorce procedures. Because registering a marriage is a legal procedure, if you don't register, the marriage is not protected by the law, so there is no such thing as divorce. The banquet wedding where you got married can only be regarded as a folk convention, think about it carefully, and then talk about it well, whether you can divide it or not.

If you really can't go on, then discuss and discuss, get together and disperse, and don't make trouble so much that you lose your previous husband and wife relationship.

If you don't get a marriage certificate, you are a legal husband and wife, just a de facto marriage, and you can even be regarded as a boyfriend and girlfriend living together

Anyway....If you don't get a marriage certificate, you haven't passed the ** certification, which is to get on the bus first and make up the ticket.

If you don't get a marriage certificate, you are not a legal husband and wife, but only a de facto marriage, and if you have been in a de facto marriage for more than 5 years and are recognized by acquaintances around you, you must pay your due obligations and responsibilities. However, it is better to solve the problem by agreement. If you want to disappear unilaterally, the other party can sue you, and if you have children, then you will have to bear the future costs of the children.

After all, people's hearts are flesh and blood, so let's be private, write a breakup agreement, negotiate the conditions, and solve it well.

If you don't have a marriage certificate, you can't talk about divorce, and you are at most a "de facto marriage", the kind that is not protected by national laws.

If the cohabitation occurred before February 1, 1994, it is treated as a de facto marriage, and in this case, unless both parties are willing to make up the marriage registration, 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. Cohabitation occurred after 1 February 1994, which is not a de facto marriage, it is an illegal cohabitation, and there is no question of divorce.

Legal analysis: If the marriage has not been registered, it is not a legal husband and wife relationship, and the two parties can dissolve the cohabitation relationship through negotiation.

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 office.

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

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 should 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.

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 the judgment of the returnee provided for in the preceding paragraph shall not prevent the child from making a reasonable demand to either parent in excess of the amount originally set 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.

How to divorce without a marriage certificate should be analyzed on a case-by-case basis

1. If 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 the substantive requirements for marriage are met, it shall be treated as a de facto marriage. If both parties apply for a marriage certificate, they can choose to divorce by agreement or by litigation.

2. 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, and this situation is not a de facto marriage, it is an illegal cohabitation, and there is no problem 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, and then divorce.

Legal basis] Article 7 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China, 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, 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 the Registration of Marriage Fights" 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.

2) After 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 meet the substantive requirements for marriage, the people's court shall inform them to reapply for marriage registration. Where marriage registration has not been completed, it is to be handled in accordance with article 3 of this interpretation.

Couples who have not received a marriage certificate are divorced as follows:

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.

1. How to distribute the de facto marital property.

The de facto distribution of matrimonial property depends on the circumstances. If a de facto marriage is formed, the division of property shall be treated as the joint property of the husband and wife when such cohabitation is dissolved, as the parties have formed a de facto marriage. In the case of a de facto marriage, when the cohabitation is dissolved, the property during the period of cohabitation shall belong to the individual.

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 the man and the woman had met the substantive requirements for marriage, it was to 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, where 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.

2. Unregistered marriages are not protected by law.

Before the promulgation and implementation of the "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 and shall be protected by law.

2. After the promulgation and implementation of the "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.

Article 10 of the Marriage Registration Regulations stipulates that if 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 with 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 household registration to complete the divorce registration.