Is it legally protected to break up if you have children who are not married?

Updated on society 2024-05-26
8 answers
  1. Anonymous users2024-02-11

    You are in accordance with the state's conjugal law, and you can legally demand compensation from you and child support until the end of the year.

    The Husband and Wife Act stipulates that as long as it is notarized to everyone, or if you have lived together for more than three years, you can be considered a legal husband and wife even if you have not received a marriage certificate.

  2. Anonymous users2024-02-10

    First of all, de facto marriages are not recognized now. Your relationship is considered to be a common-law relationship. However, children born out of wedlock have the same rights as children born out of wedlock. i.e., the right to dependency, the right to inherit the inheritance of the parents, and maintenance, etc.

    Although your marriage is not legal, the parental relationship between the child and the parents as an illegitimate child is legitimate.

    As a legal guardian, they have the obligation to protect the health of the ward, raise and manage the ward, keep the guardian's property, and exercise civil rights on behalf of the guardian.

    If the child is in agreement, you can ask the father who is not raising the child directly to pay a certain amount of child support. If the negotiation fails, a lawsuit may be filed.

  3. Anonymous users2024-02-09

    What if you get the certificate, the best way for him to treat you like that is to pull it down, and then find a good man to marry, and then put the child on the household registration.

  4. Anonymous users2024-02-08

    If the child is born out of wedlock, if it is the man who is tested for paternity, even if you do not have a legal husband and wife relationship, he still has to fulfill the obligation to raise the child, and he will basically lose the lawsuit. But if you use your child to coerce him to marry you, I am afraid that your life will have to suffer in the future, and many families will be ruined by domestic violence.

  5. Anonymous users2024-02-07

    Pure pass-by Everyone's path is everyone's own choice. So the result is also at your own risk.

  6. Anonymous users2024-02-06

    I really sympathize with you! Your man can say that he has no feelings for you.

  7. Anonymous users2024-02-05

    Without a marriage certificate, it is not a legal marriage; But the absence of a marriage certificate does not affect the ownership of custody, and the custody of the child belongs to the parents, which is obligatory and necessary. The child born shall be protected by law, with one party raising the child and the other party paying child support; If there is a dispute over the custody of children and the division of property during the period of cohabitation, the court may file a separate lawsuit with the court on the basis of a dispute over the separation of property or custody during the period of cohabitation, and the court will not accept the simple lawsuit to dissolve the cohabitation relationship.

    According to Article 1049 of the Civil Code, both a man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. In accordance with the provisions of this 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 supplemented.

  8. Anonymous users2024-02-04

    Who the law will award to a child who is not married or broken up is generally determined by the circumstances:

    1. Children under the age of two generally live with their mothers. However, if the mother has any of the following circumstances, she may also live with the father:

    1) The mother suffers from an incurable infectious disease or other serious disease, and the child is not suitable to live with her;

    2) The mother has the conditions to support the child and does not fulfill the obligation to support him, and the father asks the child to live with him, and there is no adverse effect on the healthy growth of the child;

    3) The child is unable to live with the mother due to other reasons.

    2. For minor children over the age of two, the court will make a judgment based on the principle of "conducive to the healthy growth of the child", which mainly examines the parents' economic status, personal moral character, and educational status. The court will award custody of the child to the party who is in the best interest of the child's healthy development.

    3. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 lives with the father or mother, the child's opinion shall be taken into account.

    Property cannot be divided without marriage, the details are as follows:

    1. Without a marriage certificate, it is impossible to inherit and divide the property in the name of the other party, because without obtaining a marriage certificate, they are not legal husband and wife, and there are no legal rights and obligations between each other;

    2. If you live together without a marriage certificate, you can divide the joint property if the two people reach a consensus when they are separated;

    3. If the property is to be divided, unless the other party is willing or has written a will to specify the inheritance.

    To sum up, who the law will award to a child who is not married and breaks up generally depends on the situation, and the law will judge the most suitable party to raise the child if the child is separated without a license.

    Legal basis]:

    Article 1084 of the Civil Code of the People's Republic of China.

    The relationship between parents and children is not extinguished by the divorce of the 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.

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