How many years of cohabitation in my country is considered a de facto marriage? No children!!

In China, de facto marriage is not defined by the number of years of cohabitation, and its composition is first of all that a man and a woman have the intention of marriage and the essence of living together, which is manifested in the fact that they are generally recognized as husband and wife in society.

De facto and legal marriages are the only ones that lack the formal requirement of registration.

In China's judicial interpretation, it is clearly stipulated that if a person cohabits in the name of husband and wife without registration, his marriage relationship is invalid and is not protected by law, but in the new law on new marriages, the attitude towards de facto marriage seems to be somewhat relaxed, and Article 8 stipulates that those who have not completed the registration shall be re-registered. From this point of view, in current practice, if a de facto marriage is sued, the court still has to deal with it as an illegal cohabitation relationship. Therefore, if a dispute does arise during the period of cohabitation, it is better to re-register first, because the retro-registration of marriage is retroactive, and the effect of marriage is calculated from the time when both parties meet the substantive requirements of the statutory marriage.

Previously, a de facto marriage was established on the condition that the man and woman lived openly as husband and wife and that they were considered husband and wife by those around them. There is no specific number of years, but now there is no concept of de facto marriage in the law, and an unregistered man and woman who openly live in the name of husband and wife are considered to be illegal cohabitation, but if the man and woman meet the substantive requirements for marriage under the Marriage Law, the marriage can be legalized by completing the supplementary formalities.

After 94 years, there is no such thing as a de facto marriage, which can only be regarded as illegal cohabitation.

There are no de facto marriages in the current marriage law.

Now there is no concept of de facto marriage.

There is no concept of de facto marriage now, and those who have not been registered are all illegal cohabitation, so it is better to hurry up and go through the procedures.

Now the Marriage Law has abolished the provision of de facto marriages and no longer recognizes de facto marriages.

Legal analysis: Cohabitation is not a de facto marriage no matter how many years it is, because according to the Civil Code of the People's Republic of China, the legal marriage relationship must be that both men and women have registered their marriage in person at the marriage registration authority, and China does not recognize de facto marriage.

Legal basis: Article 1049 of the Civil Code of the People's Republic of China 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.

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section (1) Article 7: Where a man and a woman who have not completed marriage registration in accordance with Article 1049 of the Civil Code and live together in the name of husband and wife, and file a lawsuit for divorce, they shall be treated differently: Biye.

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 the man and the woman had met the substantive requirements for marriage, it was to 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, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to reapply for marriage registration. Where marriage registration has not been completed, it is to be handled in accordance with article 3 of this interpretation.

Cohabitation under the new marriage law has not been considered a de facto marriage for many years, and it is no longer recognized as a de facto marriage. If the marriage was made before 1994, then it can be recognized as a de facto marriage. However, in consideration of China's actual national conditions, in order to maintain the stability of the marriage relationship within a certain range, especially among the vast number of rural people, the state conditionally recognizes the relationship between a man and a woman who live together in the name of husband and wife without marriage registration, which gives rise to the concept of "de facto marriage".

The time of cohabitation is not a factor in determining a de facto marriage, and according to the relevant regulations, there are three key points in the determination of a de facto marriage: 1. Failure to register marriage; 2. Living together as husband and wife; 3. Meet the legal circumstances of marriage. , Legal basis, Article 1049 of the Civil Code of the People's Republic of China [Marriage Registration] Both men and women who request marriage shall apply for marriage registration in person at the marriage registration authority.

Those who comply with the provisions of this law shall be fully 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.

Cohabitation for many years is considered a de facto marriage, but it is not protected by law, and Chinese law only protects registered marriages. A man and a woman who wish to marry should apply for marriage registration in person at the marriage registration office. If it meets the requirements of the law, it 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.

Legal basis] Article 1046 of the Civil Code of the People's Republic of China.

Marriage shall be completely voluntary between the man and the woman, and neither party shall be allowed to coerce the other, and it shall be forbidden for any organization or individual to interfere with it.

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. The marriage relationship is established after the marriage is registered. If Lu Yuanli's marriage registration has not been completed, the registration shall be re-registered.