If the husband and wife do not have a marriage certificate but have a child, can they not see each o

Children born out of wedlock are treated the same as legitimate children, one parent has guardianship and the other has visitation rights, and if the guardian asks the other party to pay child support, the visiting party must also pay child support.

If you are divorced, you can not go to see each other. Because in many cases, if one party is unwilling to let the child get close to the other party, he can also refuse.

Although you have not applied for a marriage certificate, you are already in a de facto marriage, and you still have children, both parties are considerate of each other, and you must let each other see the children, after all, they are also his flesh and blood.

That is, if you are not married, you can't talk about divorce. However, since there are children, they should still let the other party come to see them, after all, they are biological parents.

Although you do not have a marriage certificate, the child is your joint and the child is innocent. And parents have the right to see their children.

If the other party does not receive living expenses, the guardian has the right to refuse to visit the child.

Hello, I think it's okay, don't, the other party looks at me and I think it's okay, but it depends on his custody well, whose it's,

The 45th de facto marriage exists at this time, it doesn't matter if you show the other party or not, since it is the time of divorce, everyone goes their separate ways, but the child is an innocent child, and it must be shown to the other party. It's you.

Legal analysis: If you have children without a marriage certificate, you do not need to register for divorce. A man and a woman who can dissolve their marriage should be the real husband and wife after being registered and confirmed by the marriage registration authority.

Even if you already have children, as long as you do not receive a marriage certificate and do not go through the marriage registration procedures, it is impossible for both parties to divorce. A man and a woman who do not have a marriage certificate are only in an ordinary cohabitation relationship, and they should request the dissolution of the cohabitation relationship.

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 authority.

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 spouses 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 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 a divorce lawsuit again, the divorce shall be granted.

Legal analysis: If the husband and wife do not have a marriage certificate, but they have children, they can be separated directly, and there is no need to go to the marriage office to go through the divorce procedures. The two parties may negotiate with both parties on the custody of property and children, and if the negotiation fails, they may file a lawsuit with the local people's court.

If the parent who does not have custody rights is required to pay regular maintenance to the parent who is directly raising the child.

Legal basis: Article 1085 of the Civil Code of the People's Republic of China Where children are directly raised by one party after divorce, 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 request to either parent or parent in excess of the amount originally set in the agreement or judgment when necessary.

If you don't get married, there really is no divorce, just separate yourself. The issue of child custody is dealt with in the same way as a child born in wedlock. Custody is decided in accordance with the principle of being conducive to the child's development. The non-supporting spouse is required to pay child support.

Article 84 of Article 1,000 of the Civil Code [Parent-Child Relationship after Divorce] The relationship between parents and children shall not be eliminated by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Article 1085: [Burden of Child Support after Divorce]After divorce, where one party directly raises the children, 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: 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. This situation is not a de facto marriage, it is an illegal cohabitation, and there is no question of divorce.

China's law uses time to solve the problem of how to divorce without a marriage certificate.

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 shall not be earlier than 22 years for men and 20 years old for women.

Article 1048 Marriage is prohibited for direct 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. 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 the 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 according to 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.