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The crime of bigamy refers to:
The crime of bigamy refers to the act of marrying another person while having a spouse or marrying another person knowing that he or she has a spouse. Article 258 of the Criminal Law of the People's Republic of China stipulates: "A person who has a spouse and marries him, or who marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention."
So, the situation you describe is not a crime of bigamy. Satisfied.
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There should be no crime, and bigamy is when two people each have a family and then start a family again to live together.
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Not bigamy. The law attaches importance to the facts that have happened, and feelings cannot be evidence in law.
But, morally, is not your conscience condemned? So, I advise you to do less ridiculous things!
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This is certainly not a bigamy sin, because the two did not have sex, and it was just. Surface communication. emotional and not substantial. Didn't sleep together that was. There will be no bigamy, this argument.
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This can only be said to be a better friend. Even if it is cohabitation, it cannot be regarded as a crime of bigamy. The crime of bigamy is cohabitation in a family manner. Start a family and have children.
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Summary. Hello, whether it is counted as bigamy also depends on the situation, is your cohabitation with someone else in the name of husband and wife? Or is it just an occasional cohabitation? If you are married and living outside the home with another person in the name of husband and wife, this situation is a crime of bigamy.
I am married and living with someone else, and not registering it is not considered bigamy.
Hello, whether it is considered a bigamy crime also depends on the situation, is your cohabitation with someone else a cohabitation in the name of husband and wife? Or is it just an occasional cohabitation? If you are married and living outside the home with another person in the name of husband and wife, this situation is a recluse of bigamy.
If your husband wants to pursue it, you need to bear legal responsibility for reporting to the police, and the sentence for bigamy is up to two years in prison.
So what's going on here?
Did the other party pursue it?
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1. Is bigamy against having a spouse and cohabiting with another person?
Depending on the situation, it does not necessarily belong to the crime of bigamy.
1. Bigamy is when a person with a spouse cohabits with another person in the name of husband and wife, or cohabits with another person in the name of husband and wife knowing that another person has a spouse. It includes not only legal marriages, but also de facto marriages. However, the manifestations of living together in the name of husband and wife are varied, such as holding a wedding, publicly claiming to be husband and wife, handling affairs in the name of husband and wife, giving birth to children, declaring household registration, purchasing housing, and so on.
In criminal law, the recognition of bigamy must be cohabitation for more than 6 months according to the judicial interpretation of the Supreme People's Court.
2. A person who has a spouse lives with another person. Cohabitation refers to two people of the opposite sex who do not have a legal marital relationship and do not live together in the name of husband and wife and fulfill their marital obligations. It should include the following elements.
The parties have a relatively fixed domicile;
Maintain a more stable sexual relationship;
intermittent or prolonged periods of time living together;
The parties do not live together as husband and wife. The difference between cohabitation and bigamy between a spouse and bigamy is whether or not they live together as husband and wife. With regard to cohabitation, since cohabitation and bigamy differ only in name, they are the same in terms of the object of the offense, the form of the offense, the content of the offense and the result, so the principle and content of compensation should not be different from bigamy.
2. The type of crime of bigamy.
1.Registered marriage with spouse and registration of marriage with another person and bigamy, i.e., bigamy of two legal marriages. There are also cases where a person with a spouse registers his marriage with another person, there are bigamists who deceive the marriage registration authorities to obtain a marriage certificate, and there are also cases where bigamists and the staff of the registration authorities collude with each other to cheat and fight to obtain a marriage certificate;
2.Registering a marriage with the original spouse, but living together with another person without registration and living together as a husband and wife, this is a legal marriage followed by a de facto marriage;
3.Bigamy without a spouse but knowing that the other spouse has a spouse and is registered for marriage or cohabitation as husband and wife.
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Cohabitation with another person within marriage constitutes the crime of bigamy, which refers to the act of marrying another person while having a spouse, marrying another person knowing that he or she has a spouse, or cohabiting in the name of a husband and wife. The constitutive elements require the act of registering a marriage with another person and living together as husband and wife. Legal basis:
Article 258 of the Criminal Law: Whoever has a spouse and marries another person, or clearly knows that another person has a spouse and marries him, is sentenced to up to two years imprisonment or short-term detention. Article 1087 of the Civil Code provides that in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
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Summary. Hello, dear. Four months of cohabitation is not considered a marital relationship.
A de facto marriage is considered if the cohabitation has been 5 years and the following conditions are met: (1) the cohabitation of a man and a woman (i.e., a continuous and stable cohabitation of a man and a woman) began before February 1, 1994 (2) The cohabitation is carried out in the name of husband and wife. (3) The cohabiting parties have met the substantive requirements for marriage at the time of cohabitation before February 1, 1994.
Before the promulgation and implementation of the "Regulations on the Administration of Marriage Registration", if both the man and the woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage. After the promulgation and implementation of the "Regulations on the Administration of Marriage Registration", if 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. I'm glad to answer for you this time!
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Hello, dear. Four months of cohabitation is not considered a marital relationship. A de facto marriage is considered if it has been cohabited for 5 years and meets the following conditions:
1) The act of cohabitation between a man and a woman (i.e., a continuous and stable cohabitation of a man and a woman) began before February 1, 1994 (2) Cohabitation is a glide in the name of husband and wife. (3) The cohabiting parties have met the substantive requirements for marriage at the time of cohabitation before February 1, 1994. Before the promulgation and implementation of the "Regulations on the Administration of Marriage Registration", if both the man and the woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage.
After the promulgation and implementation of the "Regulations on the Administration of Marriage Registration", if 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 the case is accepted; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship. I'm glad to answer for you this time! If you are satisfied with my above targeted response, you can give me a like, and click on my avatar to follow for targeted consultation.
Looking forward to solving your problems next time! <>
In 87, they separated after four months of cohabitation, is this a de facto marriage?
This is not a de facto marriage.
What are the requirements if I want to get married now?
You can bring your household registration book and ID card to the Civil Affairs Bureau to register and get the certificate.
My household is in his house, and the lord is the head of the household.
Because that year happened to be the first census of the population, the household was at his house.
It shall be handled in accordance with the normal marriage registration procedures, but it must be proved that there are no direct blood relatives or collateral blood relatives within three generations.
There can be no blood relationship, and it is said that they live together.
Then you can register for a marriage certificate according to the normal procedures.
The problem is that my household is in the old man's house, and my current marriage partner is another person.
That's okay, just ask the other party for your hukou to register your marriage.
After the registration is completed, the household registration can be moved out.
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1. It is not considered a de facto divorce, and there is no de facto marriage in law. As a two-year separation, it is one of the legal bases for judging whether the relationship between husband and wife has indeed broken down, and it is not a natural divorce after two years of separation.
2. There are two sudden advances in divorce: first, if both parties reach an agreement on agreeing to divorce, property division, and child support (if any), they can go to the marriage authority to register the divorce, and generally obtain a divorce certificate on the same day, which is relatively simple.
3. If the negotiation fails, you can only sue for divorce in the court.
4. If the other party does not recognize the fact that you have been separated for two years, it is difficult to provide evidence to confirm it.
Lawyer Liu Zhaoyan.
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First of all, you are not guilty of bigamy, but you are not morally protected. In fact, it is not that your husband cannot divorce if he does not agree, because there is also the issue of the fact of divorce, after all, the separation has been for a long time, which has caused a de facto divorce. But your affairs will be troublesome, and if you are really divorced, your price may be greater, because there is the fact of cohabitation with someone else in the process of separation.
Finally, to put it mildly, it's best not to leave.
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No. The crime of bigamy is when you legally marry two men. It is not allowed. And you didn't marry the man. You can live together. It's his business that he doesn't divorce you live your own. Unless you want to start another family.
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If the relationship is irreparably broken, you should choose to let go, let each other relax, treat each other will, don't just live a life, that will be very tired, will not be happy.
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This is not normal at all, after all, you are husband and wife, and you have a common family, so if there is a misunderstanding between you, you must resolve it in time, if you don't go home and don't tell you, don't go home and don't tell you, then it's like staying in a hotel, like a stranger, a familiar stranger, then what's the point of having two between you?
When the relationship between the husband and wife breaks down, you can directly write the divorce agreement that the relationship between the husband and wife has broken down. There is no way to redeem it, and it has reached the point of no return, and it is going to be divorced, so just write it like this, and then write some additional conditions. For example, divorce requires child custody, or property and so on, these can be written.