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For Jiusan who lives together as husband and wife and meets the conditions for marriage registration, even if they have not received a marriage certificate, the relationship between the parties and husband and wife is protected by law.
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This is a de facto marriage.
A de facto marriage refers to a man and a woman who do not have a spouse and live together as husband and wife without registering their marriage, and it is also considered by the public to be a union between the sexes of husband and wife.
The judicial interpretation stipulates that men and women 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 shall be treated differently if they sue the people's court 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, where both a man and a woman meet the substantive requirements for marriage, the people's court shall inform them to complete the marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.
It can be seen that once it is recognized as a de facto marriage, it is treated in the same way as a legally registered marriage, and if it is found to be a cohabitation relationship, such cohabitation itself is not protected by law.
If the parties to a de facto marriage case file a lawsuit with the court, and the parties do not re-register the marriage, the court will still handle the case in accordance with the law and the lawful and effective marriage case will be handled by mediation first, and if the mediation is reconciled or the lawsuit is withdrawn, the marriage relationship shall be confirmed to be valid and a mediation letter or ruling shall be issued. If reconciliation cannot be made through mediation, the divorce may be granted through mediation or a judgment granting the divorce. However, after the court accepts the cohabitation dispute, it cannot mediate and dissolves the cohabitation relationship.
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Go to a lawyer and see if you can use the de facto marriage if you get the certificate now only to compensate for the separation, and calculate the advantages and disadvantages of the two methods.
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A marriage certificate is required.
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Marriage for three years without a license is not protected by law. Because the marriage certificate is a certificate of the relationship between husband and wife, everything that needs to be used for the relationship between husband and wife requires a marriage certificate. For example:
The importance of buying a housing loan, applying for a maternity service certificate, divorce, real estate division, immigration and study abroad lies in the certificate proving the relationship between husband and wife. If the parties do not obtain a marriage certificate, the relationship between the parties will not only not be protected by the law, but also not a husband and wife relationship in the legal sense. Legal basis:
Article 1049 of the Civil Code of the People's Republic of China provides that 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.
If the marriage registration has not been completed, the registration shall be re-registered.
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Legal analysis: The law does not count as marriage without obtaining a marriage certificate after three years of marriage, and both men and women who want to get married should apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they are to be registered and a marriage certificate is issued. The marriage relationship is established after the marriage is registered.
Legal basis: Article 1 of the Civil Code of the People's Republic of China Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Those who meet the requirements of the Law 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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If you have not received a marriage certificate for three years of marriage, the law does not count as marriage. The law stipulates that the marriage procedure of the Masen nuclear means that both men and women must register their marriage and obtain a marriage certificate when they get married. In China, it is customary to hold a marriage ceremony as the beginning of marriage, and legally speaking, only after obtaining a marriage certificate can it be considered a marriage; As long as the late excavation marriage certificate is obtained, the relationship between the man and the woman constitutes a husband and wife; A marriage ceremony without a marriage certificate cannot legally establish a husband and wife relationship.
Without a marriage certificate, it is not considered a legal couple. When a mainland resident marries, 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.
Legal basis:Article 4 of the Regulations on Marriage Registration When a Mainland resident marries, 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 complete the marriage registration. Where a Chinese citizen marries a foreigner in Chinese mainland, or a mainland resident marries 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 in Chunbei, where the permanent residence of the mainland resident is located, to register the marriage.
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Legal analysis: This situation should be recognized as a cautious de facto marriage, and it is recommended to make up the marriage registration in time!
Legal basis: 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 to be rude, and any organization or individual shall be prohibited from interfering.
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. After the completion of the marriage registration, the marriage relationship is established.
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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Is a marriage without a marriage certificate protected by law, of course, it is not protected by law. Marriage must get a marriage certificate and laugh at peace, don't believe in the contract, this is illegal and it is not good for you to protect your rights.
Legal basis: Article 1049 of the Civil Code of the People's Republic of China provides that a man and a woman who request marriage 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.
Procedures for obtaining a marriage certificate.
1) One party must be registered at the police station in the jurisdiction, and the household registration book of both men and women is required. >>>More
Policy basis. 1. Marriage Law of the People's Republic of China (amended by the National People's Congress on April 28, 2001). >>>More
See below for the materials:
The parties applying for a replacement marriage certificate shall submit an application to the original marriage registration authority or to the marriage registration authority at the place where one of the parties has a permanent residence with their household registration booklet and ID card. Those who can find the file can bring their ID card, household registration booklet, and file check certificate for replacement, and those who can't find the file can replace it after the original unit or street issues a certificate. >>>More
Article 17 of the Regulations on Marriage Registration stipulates that if a marriage certificate or divorce certificate is lost or damaged, the parties concerned may apply to the original marriage registration authority or the marriage registration authority at the place where one of the parties has permanent residence with their household registration booklet or ID card. Where the marriage registration organs verify the marriage registration files of the parties and confirm that they are true, they shall reissue the marriage certificate or divorce certificate to the parties. In other words, the parties applying for a replacement marriage certificate should apply to the original marriage registration authority or the marriage registration authority in the place where one of the parties has a permanent residence with their household registration booklet and ID card. >>>More
It is recommended to have a marriage examination before getting married, for the sake of future happiness! voluntary, the state does not stipulate that a physical examination is required to apply for a marriage certificate; However, for the sake of future generations, medical examinations are recommended. In addition to Heilongjiang Province, there is now a mandatory physical examination, others.