What should I do if I have a marriage certificate, but I want to divorce without the fact of marriag

Divorce proceedings].

1. If the parties voluntarily divorce, both parties must apply for divorce registration in person at the marriage registration authority where one party's household registration is located. The parties shall dissolve the relationship between husband and wife from the date of obtaining the divorce certificate.

2. When the parties apply for divorce registration, they shall provide the following documents and proofs to the marriage registration management organs:

1. Proof of household registration of both parties;

2. Resident ID cards of both parties;

3. A letter of introduction issued by the unit or village (resident) committee;

4. Marriage certificate or certificate of relationship between husband and wife;

5. Two recent one-inch bareheaded photos of the parties;

6. Divorce agreement. The agreement shall clearly state the parties' intention to divorce, and indicate that where appropriate arrangements have been made for child support and education, economic assistance for one of the spouses in difficulty, property, debts, and so forth, the content of the agreement shall be conducive to protecting the lawful rights and interests of women and minor children.

3. The marriage registration authority shall examine the parties' applications for divorce, issue a divorce certificate to those who meet the conditions for divorce, and cancel the marriage certificate, and the parties shall obtain the divorce certificate, that is, the relationship between husband and wife shall be dissolved.

4. If one of the parties to a divorce fails to perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit in the people's court.

5. Charging standard: 20 yuan for production cost.

You can negotiate a divorce with the Civil Affairs Bureau or sue for divorce with the court, and the marriage certificate is recognized by law.

You can divorce by agreement, and if the agreement is not fulfilled, you can only sue the court for divorce.

Divorce only has cracks in the relationship, and it is not harmonious.

But it's complicated to get involved in the separation of property.

Legal Analysis: Divorce in a de facto marriage without a marriage certificate can only be carried out through litigation.

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 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.

At present, there is no legal theory of de facto marriage, and there is a marriage relationship if the marriage certificate is obtained, and there is no marriage relationship between the parties without a marriage certificate. It is necessary to determine whether a de facto marriage is constituted, and it is stipulated that before February 1994, the two people have lived together in the name of husband and wife until now, and have not obtained a marriage certificate, so that a de facto marriage is constituted. The existence of de facto marriages is not recognized under the current laws of our country.

A de facto marriage itself is an illegal marriage, a marriage relationship established without legal procedures and without the approval of the statutory organs of the state. After the promulgation and implementation of the Ministry of Civil Affairs' Regulations on the Administration of Marriage Registration on February 1, 1994, if both a man and a 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.

Legal basis: Article 1051 of the Civil Code of the People's Republic of China: Marriage is invalid under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

If a de facto marriage is constituted, the parties can choose to apply for a marriage certificate and then go through the divorce formalities, or directly sue the court for divorce, and the court will hear the divorce case and deal with the joint property of the husband and wife, as well as the custody of the children, child support and other issues.

1. The procedures and procedures for divorce are as follows:

1. If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

2. When applying, you should hold the marriage certificate, household registration booklet, resident ID card and other documents and certificates of both parties, as well as the divorce agreement.

3. The marriage registration authority shall examine the divorce application of the parties.

4. Issue a divorce certificate.

2. When the parties apply for divorce registration, they shall provide the following documents and proofs to the marriage registration management organs:

1. Proof of household registration of both parties;

2. Resident ID cards of both parties;

3. A letter of mediation and reform issued by the unit and the village (resident) committee;

4. Marriage certificate or certificate of relationship between husband and wife;

5. Two recent one-inch bareheaded photos of the parties;

6. Divorce agreement. The agreement shall clearly state the parties' intention to divorce, and indicate that appropriate arrangements have been made for child support and education, economic assistance for one of the spouses, property and debts, etc., and the content of the agreement shall be conducive to protecting the lawful rights and interests of women and minor children.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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' intention to divorce voluntarily and the opinions on matters such as child support, property, and debt disposition.

De facto marriage divorce without a marriage certificate is handled on a case-by-case basis. If the substantive requirements for marriage have been met before February 1, 1994, the divorce shall be handled directly as an ordinary marriage; If the substantive requirements for marriage are met after February 1, 1994, the court shall inform the person to apply for marriage registration before the case is accepted, and if the marriage registration is not completed, it shall be treated as the dissolution of the cohabitation relationship.

Article 7 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China.

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:

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 a man and a woman have met the substantive requirements for marriage, it shall 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.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.