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Supreme People's Court.
Interpretation of Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (2) Article 1: Where a party sues to request the dissolution of a cohabitation relationship, the people's court will not accept it. However, the cohabitation relationship requested by the parties to be dissolved falls under the provisions of Articles 3, 32 and 46 of the Marriage Law"A person who has a spouse cohabits with another person"and the people's court shall accept it and lift it in accordance with law.
Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's courts shall accept it.
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Failure to obtain a marriage certificate is not protected and constrained by law.
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It is not protected by law, and the other party can directly separate if there is a concealment of facts.
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I am very sympathetic to the person in this matter, and I think you can go to the local court to file a lawsuit for help, preferably with proof of the woman's illness, or other evidence that you can not live together, I hope you can get your wish.
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First, there is basically no marital relationship, and it is not protected and constrained by law. Second, the woman has health problems, and there is a clause in the marriage to know the health of the other party.
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They are only in a cohabitation relationship, there is no divorce problem, and the cohabitation relationship can be dissolved.
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Marriage does not exist at all, let alone divorce.
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If you are not married, where is the divorce?
Just separate directly, and the law does not interfere.
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will not be protected by law.
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It can be negotiated, but if an agreement is not reached, the woman sues for divorce and asks for compensation or compensation, and also submits evidence, in accordance with the relevant regulations, and the court awards compensation or compensation to the man.
See: Article 1088 of the Civil Code [Financial Compensation for Divorce] If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
Article 1090: [Financial Help for Divorce]In the event of a divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
Article 1091:[Compensation for Divorce Damages]In any of the following circumstances, where a divorce is caused, the innocent party has the right to claim damages: (1) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults.
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Although there is no wedding, but after receiving a marriage certificate, they are legal husband and wife, and the man files for divorce, and the woman can ask for some financial compensation.
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After receiving a marriage certificate and not having a wedding, the man wants a divorce, can the woman ask for compensation? Of course, you can get it, marriage certificate. It is a legal couple. Of course, the divorced woman will have to pay compensation. Compensatory must be made.
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Yes, it is normal, the property can be divided, and on the basis of equal sharing, it is appropriate to divide more, or the bride price will be returned less or not at all.
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The first thing is to see why the man wants to divorce. If the woman did something wrong, then the woman has no right to claim compensation, and may even have to pay compensation. And the bride price must be returned.
If it is the man's fault, you can ask for a little, mental loss. You don't even have to give the bride price back.
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If you can compensate, as long as you get the certificate, you will be protected by the law, depending on how long you have been married, there will be a prescribed share of the property after the long time, if the time is not very long, it will not be too much, consult a lawyer.
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After receiving a marriage certificate, even if you are already married, you can be protected by the law, and if you don't have a wedding, you can be considered married, so the man asks for a divorce, and the woman can ask for moral compensation.
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If the man wants to divorce, the woman has nothing to say to compensate, but can only say that it is a reasonable division of the joint property of the husband and wife, and the absence of a wedding cannot be used as the basis for the woman to claim compensation.
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After receiving a marriage certificate, they are legal husband and wife and enjoy the rights granted by law. If the man wants a divorce, the woman can apply for compensation, and if the man refuses to pay compensation, he can sue the court for compensation, provided that the man is at fault.
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Yes, getting a marriage certificate means that you are a legal husband and wife, and you can divide your property and divorce by agreement.
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If you get a marriage certificate and don't get married, but the man wants to divorce, the woman can claim compensation.
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The elder brother said that there is no provision for compensation for this kind of divorce, unless one party has caused damage to the other party, then the court will award compensation to the other party according to the circumstances of the damage.
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This can't make you compensate anything, because you have a marriage certificate, you are already husband and wife, and there is nothing to compensate.
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Since the two people have obtained the divorce certificate, it is the relationship between husband and wife recognized by the law, if you want to divorce, you can negotiate the divorce, if the negotiation fails, you can sue for divorce, and decide the post-marital distribution according to the life after marriage.
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Your relationship is not protected by law, and whether or not to pay compensation, who will pay compensation to whom, and how much to give, must be discussed by both parties. If the other party does not agree, it will be difficult to get compensation.
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In this case, you can ask for a part of the compensation, so let's talk about it.
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As long as the joint property after marriage is divided equally, you are a legal husband and wife, and you both have the rights and interests enjoyed by the husband and wife, and they can all be negotiated, and if the negotiation fails, he can also sue to solve the problem of divorce.
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That's okay, because if you get a marriage certificate, you're husband and wife.
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Having a marriage certificate is a legal marriage, and you can certainly apply for moral compensation.
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For the woman's request, it can be said that because there is a marriage certificate, it is legal, and the law is legal, but as a divorce proposed by the man, the woman hopes to give some compensation, which is also determined according to the man's conditions.
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Summary. For this, the woman can claim compensation. Because, both parties have obtained the certificate and are legally legal husband and wife. Divorce requires the consent of both parties.
Moreover, if the woman is not at fault, she can find a lawyer to sue and ask for compensation. Some of the funds that the two of them have saved together should be taken out and distributed financially.
After receiving a marriage certificate and not having a wedding, can the man want a divorce and the woman ask for compensation?
For this, the woman can claim compensation. Because, both parties have obtained the certificate and are legally legal husband and wife. Divorce requires the consent of both parties.
Moreover, if the woman is not at fault, she can find a lawyer to sue and ask for compensation. Some of the funds that the two of them have saved together should be taken out and distributed financially.
The man has no money, we have a child, and the child is not yet a year old.
If there is no common property, there is no compensation.
What about child support?
He needs to pay, but if he can't afford to pay, he can't do it, but if he has the money, he must pay.
He has real estate in his name.
That can be enforced by the courts.
Okay thank you. You're welcome ha.
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Legal analysis: If the husband wants to divorce and does not give the marriage certificate, he can reapply for a marriage certificate or issue relevant certificates; Divorce can also be litigated. Divorce by mutual agreement is when both parties reach an agreement through consultation, apply to the marriage registration authority for divorce registration after signing the divorce agreement, and apply for a divorce certificate in person at the marriage registration office after the divorce cooling-off period; Litigation divorce is a situation in which one party files a divorce lawsuit with the court, and the court can determine that the relationship between the husband and wife has broken down and the mediation is ineffective, and the divorce shall be granted by a judgment.
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 husband and wife 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 the 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 divorce proceedings again, the divorce shall be granted.
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If you want to divorce, the husband can reapply for a marriage certificate or issue a relevant certificate if he does not give a marriage certificate; Divorce can also be litigated. Divorce by mutual agreement is when both parties reach an agreement through consultation, apply for divorce registration with the marriage registration authority after signing the divorce agreement, and apply for a divorce certificate in person at the marriage registration authority after the divorce cooling-off period; Litigation divorce is a situation where one party files a divorce lawsuit with the court, and after the court hears the case, it can determine that the relationship between the husband and wife has broken down and the mediation is ineffective, and the divorce shall be granted.
[Legal basis].
Article 1076, Paragraph 1 of the Civil Code, 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. Article 1077:Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, the application for divorce registration shall be deemed to have been withdrawn.
Where one of the husband and wife requests a divorce in the first and second paragraphs of Article 1079, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, the divorce shall be granted.
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