How to divorce without a marriage certificate Will there be child support and what form should be se

In your case, it cannot be regarded as a marriage relationship, because the failure to obtain a marriage certificate does not meet the substantive requirements for marriage, and there is no longer a de facto marriage after February 1, 1994, you can only be regarded as an illegal cohabitation relationship, so there is no need for divorce. However, the other party has the obligation to raise the child and can ask for child support.

You live together without a marriage certificate, which is a crime, the woman is compensated, and the compensation is borne by the man, but the two parties live together without legal consent. This is a violation of the law and is punishable by a fine.

Since you have not received a marriage certificate, the law does not recognize you as husband and wife, and you are also not protected by the law.

It is the dissolution of the cohabitation relationship, and the child support is handled according to the principle of legitimacy.

2000 Amendment to the Marriage Law and Interpretation of the Marriage Law Article 5 Where a man and a woman who have not completed marriage registration in accordance with the provisions of Article 8 of the Marriage Law and live together in the name of husband and wife sue the people's court for divorce, they shall be treated differently: (1) Where a man and a woman have met the substantive requirements for marriage before the promulgation and implementation of the "Regulations on the Administration of Marriage Registration" of the Ministry of Civil Affairs, 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", where 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. In your case, either reissue a marriage license and then sue the court.

Either they will be directly treated as a cohabitation relationship and sue the court to dissolve the cohabitation relationship. Child support should be paid.

It would be sufficient to sue him for the burden of child support.

Legal analysis: If the man does not pay child support, the woman can file a lawsuit with the court in accordance with the law, and ask the man to pay child support. A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

Legal basis: Article 1071 of the Civil Code of the People's Republic of China Children born out of wedlock enjoy the same rights as legitimate children, and no organization or individual may harm or discriminate against them.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

Legal Orange Macro Analysis: According to the law, as long as it is a biological child and an adopted child in accordance with the law, when the two parties are separated (divorce, breakup), they should pay alimony if they do not directly raise one party.

The amount of child support to be paid is generally settled by the man and woman through negotiation, and if the two parties cannot settle the lawsuit through negotiation, the court will make a judgment based on the financial ability of both parties and the actual cost of the child. That is, the party who has not obtained child custody rights pays about 30%-50% of his salary income every month, and compares the actual cost of the child.

The payment method of alimony is generally monthly, and if the spouse who obtains custody asks for a lump sum payment, it depends on the other party's ability to make a lump sum payment and agrees to this payment method. It is a legal obligation of parents to pay child support and cannot be refused for any reason.

Legal basis: Article 1085 of the Civil Code of the People's Republic of China After divorce, if the 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 judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Legal Analysis: The court generally decides the ownership of child custody based on the following circumstances. Breastfeeding children, i.e. children under the age of one, are, in principle, raised by the woman; Children under the age of two generally live with the woman.

For children between the ages of two and under the age of eight, both parties request to live with them, and the court will comprehensively consider the income and housing situation of both parties, whether they have fertility, whether they have incurable infectious diseases or other serious diseases, and which party they have lived with for a longer period of time, to determine which party will raise the children, which is more conducive to the growth and education of the children, and will decide which party will raise the children. For children over the age of 8, if the parents are unable to negotiate to determine custody, the court will consult the child's opinion and then quietly determine the ownership of custody.

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, nor shall any organization or individual interfere with it.

Article 1047:The age of marriage must not be earlier than 22 years old 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 Zen Zhai Pass at the marriage registration machine. 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.

Children born out of wedlock have the same rights as children born after marriage, and the parent who does not have a child should pay maintenance, which is generally 20-30 of the income of one party. Child support includes living expenses, education expenses, medical expenses, etc.

In terms of custody, in accordance with the principle that the maintenance of the parent is beneficial to the child's growth, the court will comprehensively consider the child's current living status, the working income and moral aspects of both husband and wife, and whether the child has been raised by one of the parents.

Children under the age of 2 are generally awarded to the mother for support, unless the woman is not suitable for support, and children over 10 years old should listen to the child's opinion. If there are two children, one child is raised by one person as a general rule.

The parent who does not have a child should pay child support, which is generally 20-30% of the parent's income. Child support includes living expenses, education expenses, medical expenses, etc. The specific amount of child support should also be determined according to the standard of living in the city where the child is located and the actual living needs of the child.

If the party who pays the child support does not pay the child support, the child can be used as the plaintiff, and the party raising the child can be sued as the legal ** person, and the party who should pay the child can be paid according to the divorce agreement or judgment.

Regardless of whether there is a marriage certificate or not, as long as the child is a minor and is your biological child, in order to protect the legitimate rights and interests of the minor, you must bear the corresponding responsibilities and obligations and pay child support.

Without a marriage certificate, that is, not married, only a cohabitation relationship, there is no question of divorce. However, it does not affect the resolution of the child's support, and the issue of child support can be negotiated.

Child support is not necessarily, you have to be married to give, as long as the child is the two of you, then there must be two of you to raise him, so without a marriage certificate, divorced child support must be given.

Without a marriage certificate, there can be no divorce, and children born out of wedlock have the same rights as children born in wedlock, and their biological parents have the same obligations.

There is no marriage certificate, but after giving birth to a child and getting divorced, you can ask for alimony, and a woman should not do this stupid thing, not getting married and having children, and creating an imperfect family for the child.

If you don't have a marriage certificate, there is no guarantee, mainly depending on what he thinks, if the man takes the initiative to give it, he can ask for it, if he doesn't give it, there is no way.

Without a marriage certificate, you are only in a cohabitation relationship and are not protected by law. There is no divorce, but child support can be claimed.

There is no such thing as a divorce without a marriage certificate, and if there is a child, after a paternity test, the law is that the parent who supports the child can claim child support from the party who is not raising the child.

If you don't have a marriage certificate, how can you get divorced? Without a marriage certificate, there is no legally recognized relationship between husband and wife, and there is no such thing as divorce.

However, with regard to child support, the law stipulates that parents have the obligation to support their children, so the two parties who conceive children do not intend to live together in the future, and the party with the children can file a lawsuit with the court to claim child support, even if the agreement on child support has been signed for the first time, and the standard of child support can be sued by the court if they continue to claim or raise the standard of child support.

In a de facto marriage, both children must be responsible.

Negotiate first, and sue if it doesn't work.

You may need to prepare some materials, circumstantial evidence, paternity tests, etc.

If I don't have a marriage certificate, do I have to pay for my divorced children to start school? As long as he can pass the DNA test, he is her biological father or mother can claim child support.

The premise is that he must be related by blood. in order to claim alimony.

Yes, illegitimate children are protected by law.

Without a marriage certificate, it can only be said to be a breakup, as long as the child is the other party's, you can ask for child support, if not, you can appeal to the court and ask the child's father to bear the child's child support.

This is possible, and it is currently supported by law.

Of course you can, you can, as long as the child is his, whether married or not, the rights of the child cannot be taken away. Rest assured, he can't give any less money.

If you don't have a marriage certificate, you can't talk about divorce if you don't get married. Child support is negotiated by yourself. Since you are not married, if there is evidence that the children belong to each other, then you can go to court and sue for child support.

As long as it is born to you, you can ask for child support. In addition, if you don't get a marriage certificate, how can you get a divorce?

There is no marriage certificate, which means that you are not married in the legal sense, and then it is not protected by the marriage law, so it can only be said that the two of you broke up, if you are not together, who will raise the child, it should be decided by the two of you yourself.

If you don't get married, how can you get divorced, and it is natural for you to have child support, not whether you are married or not.

If the child is smaller, the woman should be awarded a little more. Because after all, it's lactation.