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You did not specify what your actual age was at 1 February 1994, and if you were over 22 years old and the woman was over 19 years old, it would be a de facto marriage, otherwise it would be a common-law relationship.
When the people's courts hear cases of illegal cohabitation, if they involve the support of children born out of wedlock and the division of property, they should be resolved together. When dividing property specifically, the interests of women and children should be taken into account, and the actual situation of the property and the degree of fault of both parties should be taken into account, and the division should be properly divided. When an illegal cohabitation relationship is dissolved, the income and property acquired jointly by the parties during the period of cohabitation are generally treated as joint property.
The property inherited and donated by the parties during this period is generally treated as personal property.
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I believe that if you are under the age of 22 by February 1, 94, your marriage should be invalid, and you can collect relevant evidence and appeal to the court to request that the marriage be invalidated.
After the marriage is annulled, the property during your life together should in principle belong to each of you separately (evidence is required to prove that the property is owned by you personally or legally acquired by you). Cohabitation and joint property, i.e., the income and property jointly acquired by both parties, are in principle divided equally, with due regard for the weak.
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Our country does not recognize de facto marriages, your marriage is null and void, and there is no marital relationship between you and her. There is no question of divorce, all your property belongs to you, and you don't have to divide anyone. As for the child, since she has no financial **, according to the principle of benefiting the child, the child should be awarded to you.
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There is no such thing as de facto marriage in the current marriage law. As long as you don't have a marriage certificate, you will live for the rest of your life, and it will not be recognized by the law.
Therefore, your marriage is absolutely null and void.
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I've just finished studying marriage law, so I can help you understand a little bit.
Before de facto marriages, the state took into account that the majority of people in rural areas were de facto marriages, so it enacted such regulations. But.
The new Marriage Law has abolished de facto marriages, which means that the law now does not recognize de facto marriages, but only marriages that have been registered with legal formalities. The parties to a de facto marriage have not completed the marriage registration formalities. There are no statutory requirements for marriage registration, which is the main sign of the difference between a de facto marriage and a legal marriage.
In China, regardless of whether the parties have held a marriage ceremony or not, and those who have not registered their marriage, are not legally married. At present, there is no uniform standard for the dissolution of a de facto marriage, and we believe that since a de facto marriage has the same effect as a registered marriage, it should be treated equally, that is, the dissolution of a de facto marriage also needs to be carried out by statutory means [i.e., administrative means (to the civil affairs department) or litigation means (to the people's court)].In practice, civil affairs departments often do not accept requests for divorce by agreement from de facto marriages, so it is best to dissolve a de facto marriage in court (i.e., file a divorce lawsuit with the court).
Children born to parties to a common-law relationship during their cohabitation are legitimate children, and children born to parties to a common-law relationship are illegitimate children. According to Article 19 of China's Marriage Law, which stipulates that "children born out of wedlock shall enjoy the same rights as legitimate children, and no one shall harm or discriminate against them", whether it is a de facto marriage or a cohabitation relationship, when both parties divorce, the issue of child support shall be handled in accordance with this provision of the Marriage Law.
In the current situation, you cannot apply for divorce registration, but can only file a divorce lawsuit in court. There is also the issue of children, if you are the one to raise, the other parent should also be responsible for the support. If he threatens you and it involves your personal safety, then you can sue him for personal threats.
In fact, when you encounter such an unfortunate thing, you should be strong and brave to face it. He has a bad character, and you are worried that he will retaliate, but some people look tough on the surface, but in fact, they have no bottom inside. The more you worry, the less you know what to do after that.
It would be best if it could be resolved peacefully. If not, it has come to this point anyway, you should go out of your way, you consult a professional lawyer, let them help you solve the problem, with your current situation, you have an absolute advantage. Don't startle the snake first, wait for the evidence to be ready, and make a decision once and for all.
I can tell you some of his faults:
1. Hit you, such a violent family will touch the criminal law if it is serious.
2. Threaten your personal safety, threaten your parents, interfere in your life.
It is also against the law to maintain your daughter and to keep your property in order to restrict your departure. You stand up, not only for you, but also for your daughter, and for the parents who raised you and gave birth to you!
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You go to a lawyer first.
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The current Marriage Act no longer recognises de facto marriages.
If the husband and woman do not have a marriage certificate, the woman can remarry without going through any formalities, and her marriage does not constitute the crime of bigamy.
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The following elements are required for a de facto marriage to be constituted:
(i) The act of cohabitation (i.e. the continuous and stable cohabitation of a man and a woman) began before 1 February 1994;
(2) The cohabitation is carried out in the name of husband and wife;
3. The cohabiting parties had met the substantive requirements for marriage at the time of cohabitation before 1994.
The so-called substantive requirements for marriage are the conditions that must be met by both men and women to establish a relationship between husband and wife, including: 1. Both parties have reached the legal age of marriage (22 for men and 20 for women); 2. Both parties are willing to marry; 3. Neither party has a spouse and does not belong to the direct blood relatives or collateral blood relatives within three generations; 4. Do not suffer from any disease that is medically considered unsuitable for marriage.
They were married in 2009, but the woman was under the age of 20 and could not get married. The marriage is null and void.
Cohabitation was after February 1994. It is also not considered a de facto marriage.
Above, since there is no marital relationship, of course, it does not constitute bigamy.
If there are still concerns, the best way to dissolve the "de facto marriage" is to go to court (i.e., file a divorce lawsuit in court).
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It does not constitute the offence of bigamy, and de facto marriages after 1 February 1994 are not protected.
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1. It does not constitute a de facto marriage. The parties are not legally married. 2. There is a cohabitation relationship and property division. 3. It is not illegal to remarry.
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1. Marriage is legal.
2, now that I have been separated for more than a year and want to divorce him, I should go to the court where the man is domiciled in Anhui to file a lawsuit.
3. The process is simply to submit the complaint, provide evidence, and wait for the notice to appear in court on time. Accept mediation or judgment, and appeal against the judgment.
4. Don't worry about his family's unreasonable and unreasonable embarrassment of himself, because ** is really under the auspices of the judge, the trial is not public, and his family cannot interfere.
5. Asking for 200,000 child support is an unreasonable demand, and the court will not support such a request.
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It is best to consult a local law firm in person for legal questions.
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Maintenance does not have to be paid in a lump sum. Marriage is legal.
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Marriage is legal. The divorce shall be prosecuted in the court of the defendant's domicile.
References:
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1. The age of marriage stipulated in the Marriage Law of our country is 23 years old for men and 21 years old for women, so the starting point should be the date when both parties meet the age of marriage. That said, the date on the replacement marriage certificate should be the date on which both parties met the age of marriage.
After years, it is regarded as a common-law relationship and is not recognized as a de facto marriage.
3. I didn't understand it.
4. It should be that the review is not strict enough when the marriage is registered. For example, when I read the file in the court, I saw that a young couple had a divorce, and both parties were under the legal age of marriage when they got married, and the woman did not know what means she used, so she actually applied for a marriage certificate.
Do you think this marriage is valid? To be effective, they were not of legal age at the time of the divorce. Say it's invalid, people really have a marriage certificate!
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De facto marriages are no longer legally recognized.
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Hello, I am a marriage registrar. The replacement marriage certificate will show both the date of registration and the date of replacement, and the de facto marriage is protected by law. The application for annulment of such a matter mainly refers to bigamy and deception.
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Check the provisions of the Marriage Law and judicial interpretations.
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Depends on what the dispute is.
A woman and B have been in a cohabitation and have two children out of wedlock, but this is not now called a de facto marriage. The law does not recognize their marital relationship. However, the child is still their common child, and they all have the obligation to support them.
Woman A and man C are legal husband and wife when they have received a marriage certificate. As long as Woman A and Men B no longer continue to live as husband and wife, Woman A and Men B have no relationship other than being parents of two children.
Disputes over marriage are, of course, legal for a woman and a man. As for the dispute between a woman and a man B regarding the maintenance of a child, it depends on the situation and will not be explained.
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There has been no de facto marriage in China since 1994, and if Woman A has a de facto marriage with B after 1994, then this de facto marriage is not protected by law, so it is not illegal for A and C to obtain a marriage certificate, and the subsequent marriage is a legal marriage and is protected by the Marriage Law.
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1. The bride price you received does not need to be returned, because you have lived together.
2. The business income after marriage is the joint property of the husband and wife, but there must be evidence to prove the amount of income, such as bills or something.
3. If the house comes down before the divorce, then you have your share, and you should fight for it.
4. As long as they are registered, they are legal couples and do not need to hold a wedding.
Beijing Marriage and Family Lawyer.
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1 With regard to the bride price, according to Article 10 of Interpretation II of the Marriage Law, it should only be returned in the following circumstances: if the marriage has not been registered; Marriage registration without living together; The payment of the bride price causes the other party to have difficulties in life.
2 Regarding jewelry, in judicial practice, jewelry is generally regarded as a gift from the other party to you, and usually does not need to be returned.
3 Regarding the income of the store, it is subject to the time of receiving the marriage certificate, and it is the property of one party before receiving the certificate, and it can be regarded as joint property after receiving the certificate, of course, you have your share.
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This is a bit troublesome for you, because you have not applied for a marriage certificate, which is not protected by law. Unless you have children. The law has the potential to protect women. Specifically, ask the local civil affairs department. Hope it helps.
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