Is there a difference between cohabitation and de facto marriage? Difference Between Cohabitation an

1. A de facto marriage is a de facto marriage if it meets the substantive requirements for marriage before the implementation of the Marriage Registration Regulations in 1992 and has not been registered. Any marriage that has not been registered after the implementation of the regulations is not considered a de facto marriage. When handling a case, the parties may be required to make up the marriage registration, and if they do not do so, it will be handled as the dissolution of the cohabitation relationship.

That is, there is no de facto marriage for those who get married after 92) 2, the so-called cohabitation refers to the continuous and stable coexistence of the man and the woman without being husband and wife. If the husband and wife reside in the name of the husband and wife, it shall be handled as bigamy. Therefore, according to the above two items, it is easy to separate de facto marriage from cohabitation.

As for adultery, it is better to distinguish between cohabitation, which generally does not have a common place of residence, but only occasional cohabitation. Cohabitation, on the other hand, is a continuous and stable cohabitation. - Adultery does not constitute the crime of sabotage of military marriage.

Cohabitation is defined as illegal cohabitation in Chinese law, and de facto marriage is to live together in the name of husband and wife, and to outsiders recognize them as husband and wife. I really don't understand the specific distinction.

After cohabitation, it must reach the point where others mistakenly believe that they are husband and wife, and only then will it constitute a de facto marriage for the purposes of bigamy.

After 94 years, there was no such thing as a de facto marriage, and it was all illegal cohabitation.

1. There is no de facto marriage 2. Distinction between adultery and cohabitation: cohabitation is open and long-term, while adultery is hidden.

Legal Analysis:1Cohabitation refers to a relationship between a man and a woman who have no spouse and who have not registered their marriage and do not meet the substantive conditions for marriage, but who live together as husband and wife, or who have a spouse who cohabits with another person.

2."De facto marriage" refers to the union of a man and a woman who do not have a spouse who have not registered their marriage, but who meet the substantive requirements for marriage and live together in the name of husband and wife.

Legal basis: 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. If it meets the requirements of this regulation, it 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 1054:An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Where the parties agree to dispose of property acquired during the period of cohabitation, the people's court is to make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.

The provisions of this Law on parents and children shall apply to children born to the parties. If the marriage lease is invalid or revoked, the innocent party has the right to claim damages.

The differences that exist between cohabitation and de facto marriage include:

1. Cohabitation means that although the man and the woman have not registered their marriage, they do not necessarily live together in the name of the husband and wife, Qing Zhenkuan;

2. A de facto marriage refers to a de facto husband and wife relationship who have not registered their marriage in person at the marriage registration office, but have lived together in the name of husband and wife.

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 office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. Completion of marriage registration means the establishment of a marriage reputation. Where marriage registration has not been completed, the registration shall be re-registered.

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 (Lu Zhi I).

Article 3. Where a party initiates a lawsuit and only requests the dissolution of the cohabitation relationship, the people's court will not accept it;

where it has already been accepted, a ruling is made to reject the lawsuit.

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.

That can only be regarded as two people living together.

Cohabitation refers to two people living together for a certain purpose, and is now generally used between people of the opposite sex.

On the other hand, de facto marriage refers to a man and a woman without a spouse who live together as husband and wife without registering their marriage, and the public also believes that it is a union of the sexes in the relationship between husband and wife.

The biggest difference between love life and married life is that love is only emotionally constrained, while marriage is legally constrained.

Now there are some people who are used to freedom, or rather they are used to being lazy, and they are not willing to be constrained. They just want to enjoy the sweetness of love, but they don't want to regret the fetters of various contradictions and responsibilities, so they came up with a concept called cohabitation marriage.

Conceptually speaking, the reason why it is called a common-law marriage, as the name suggests, is that two people live a married life together, but do not receive a marriage certificate. To outsiders, they look like a real couple, but they are not husband and wife. Their "marriage" will also not be protected by law.

A de facto marriage must be a common-law relationship, but a common-law relationship is not necessarily a common-law relationship.

Legally speaking, cohabitation is neither advocated nor protected by Chinese law, while de facto marriage is regulated by law by law for some cohabitation behaviors that meet the substantive requirements of marriage, so that they are protected by law.

Due to the influence of traditional customs, in terms of marriage conclusion, many people generally emphasize ceremonies and ignore registration, and there are still many rural areas in rural areas where the folk custom of holding a banquet is marriage.

In view of this, de facto marriages are recognized and protected with reservations by law.

There's a difference! One got a license and the other didn't get a license, but two people live a married life together, and they are the same, and they have the desire to come and go every day, and they don't get pregnant three times a day.

1. The elements of cohabitation and de facto marriage are different.

2. The legal consequences of cohabitation and de facto marriage are different.

3. The identity relationship between cohabitation and de facto marriage is different.

4. The property relationship between cohabitation and de facto marriage is different.

5. Cohabitation and de facto marriage have different legal inheritance rights.

6. According to the provisions of China's current laws and judicial interpretations, the relationship formed by the union of a man and a woman living together without marriage registration can be divided into two types: one is a de facto marriage, and the other is a cohabitation relationship.

7. Cohabitation refers to the fact that a man and a woman who have no spouse live together under the name of husband and wife without going through the marriage registration process and not meeting the substantive conditions for marriage; or a sexual relationship formed by a spouse cohabiting with another person.

8. The cohabitation relationship includes two situations: one is that both parties have no spouse, do not go through the marriage registration, and do not meet the substantive conditions for marriage, and live together in the name of husband and wife; The second is that a person who has a spouse cohabits with another person, that is, a spouse and a person of the opposite sex outside of marriage, who do not live together in the name of husband and wife, continuously and stably.

1. Divorce is automatically adjudicated after a few years of a de facto marriage.

There is no such thing as automatic divorce in our current law, and there is no de facto marriage between a man and a woman. China's civil law stipulates that anyone has the freedom to marry, and if they do not want to establish a marriage relationship with another person, they need to take the initiative to file a divorce request for marriage.

Several Opinions of the Supreme People's Court on the Trial by the People's Courts of Cases of Living Together in the Name of Husband and Wife without Marriage Registration

1.As of the date of implementation of the Ministry of Civil Affairs' new regulations on the administration of marriage registration, men and women who do not have a spouse live together as husband and wife without marriage registration shall be treated as illegal cohabitation.

2.Where the parties have not remarried after the divorce, have not completed the registration formalities for remarriage, and live together in the name of husband and wife, and one party sues for "divorce", the illegal cohabitation relationship shall generally be dissolved.

3.If one party who has already registered a marriage forms a de facto marriage relationship with a third party, or if one party to a de facto marriage relationship registers his marriage with a third party, or if one party to a de facto marriage relationship forms a new de facto marriage relationship with a third party, the latter marriage relationship shall be dissolved regardless of whether the act of bigamy constitutes the crime of bigamy. If a party to the previous marriage wishes to deal with the divorce issue, he or she shall mediate or make a judgment according to the specific circumstances of the marriage.

2. Is there a de facto marriage after 1994?

There was no such thing as a de facto marriage after 1 February 1994, and living together could only be regarded as a cohabitation relationship. As a way of the existence of marital relations, de facto marriage in a broad sense refers to the fact that both men and women subjectively have the purpose of permanent life, and objectively have the fact that they live together in the name of husband and wife without marriage registration, and the masses also consider it to be the union of husband and wife. In a narrow sense, it refers to a man and a woman who do not have a spouse, and live together in the name of husband and wife without marriage registration, and the masses also consider it to be a union of husband and wife.