Are undocumented marriages protected by law? Is a marriage without a marriage certificate protected

Let me talk about point 2 1: I will talk about children first, although your parents are not legally husband and wife, according to Article 25 of the Marriage Law, "children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them." Your sisters have the same rights (custody and inheritance) as legitimate children, and no one may deprive or discriminate against them.

2: The Marriage of Your Parents: Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (1) stipulates that if a man and a woman who have not registered their marriage in accordance with Article 8 of the Marriage Law and live together in the name of husband and wife and sue the people's court 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 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, where both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to make up the marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship. According to this law, your parents started living together as husband and wife before 1994 and should therefore be treated as de facto marriage.

Hello, it is not protected by law. A marriage certificate is required to prove that they are husband and wife.

Although it is said that there is no marriage certificate, but the minor child your husband wants to pay child support, he and the third party should be bigamy, to be sentenced, the law of our country is to recognize the de facto marriage, you have the right to sue him to protect the rights of you and the child, it is recommended that you go to consult a professional lawyer, I hope mine can help you.

Those who do not have a marriage registration and cannot be protected by law are not legally recognized as legal husband and wife.

Legal analysis: If a man and a woman do not have a marriage certificate, if there is no marriage registration formalities, the relationship between the two parties is not protected by law and belongs to a cohabitation relationship.

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.

De facto marriages without a license are not protected by law, and a married man and woman 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. After the marriage is registered, according to the agreement between the man and the woman, the woman can become a member of the man's family, and the man can become a member of the woman's family.

Invalid marriages are:

1. The marriage between the man and the woman is not voluntary, and one or both parties are coerced or defrauded when they get married;

2. Bigamy;

3. Both men and women are direct blood relatives or collateral blood relatives within three generations;

4. Both men and women have not reached the legal age of marriage.

The difference between a common-law relationship and a conjugal relationship is as follows:

1. It is forbidden for a person with a spouse to cohabit with others; while cohabitation is not protected;

2. Husband and wife should be faithful to each other, and cohabitation is not protective;

3. In addition to the written agreement that the property acquired during the existence of the marital relationship shall be owned by each other, the property acquired during the existence of the marital relationship shall be jointly owned by the husband and wife; During the period of cohabitation, each property belongs to each other;

4. Husband and wife have the obligation to support each other; And cohabitation does not;

5. Husband and wife have the right to inherit each other's inheritance; And cohabitation does not;

6. Relief measures, the party at fault in the divorce of the husband and wife should share less property and bear the fault compensation; Cohabitation is not covered because it is not protected by law;

7. The people's courts also accept cases in different ways.

Legal basisArticle 1054 of the Civil Code of the People's Republic of China.

An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party.

The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. When a child born to a person who is a troublemaker, the provisions of this Law on parents and children shall apply.

If the marriage is invalid or annulled, the innocent party has the right to claim damages.

No. However, property and child support issues can be brought before the courts.

One is that the time of cohabitation occurred before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, and it is treated as a de facto marriage.

The other is that the time of cohabitation occurred after the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, which is not a de facto marriage, but an illegal cohabitation, and there is no issue of divorce. In these two cases, if both parties are willing, they can also go to the marriage registration office to make up the marriage registration first.

1. Is a marriage without a marriage certificate a de facto marriage?

The characteristics of a de facto marriage are as follows:

1.A man and a woman in a de facto marriage should have no spouse, and if they have a spouse, they become de facto bigamy.

2.The parties to a de facto union have the purpose of marriage and the form of living together. Whether a man and a woman treat each other as spouses is an important difference in content between de facto marriages and other non-marital relationships.

Because of filial piety, all illegal sexual acts do not have the purpose of marriage and the form of living together.

3.A man and a woman in a de facto marriage are openly husband and wife. That is, they live together in the name of husband and wife, and they are recognized by the surrounding people.

In other words, not only should there be the whole content of conjugal life on the inside, but also on the outside there should be a socially recognized conjugal identity. This is an important formal distinction between de facto marriages and other non-marital relationships. All illegal sexual relations and acts do not have the name of husband and wife, and the masses will not recognize them as husband and wife.

4.The parties to a de facto marriage have not completed the marriage registration formalities. There are no statutory requirements for marriage registration, which is the main sign of the difference between a de facto marriage and a legal marriage.

In China, regardless of whether the parties have held a marriage ceremony or not, and those who have not registered their marriage, are not legally married.

The following elements are required for a de facto marriage to be constituted:

1. The cohabitation of a man and a woman (i.e., a man and a woman living together in a continuous and stable manner) began before February 1, 1994;

2. Cohabitation is carried out in the name of husband and wife;

3. The cohabiting parties already met the substantive requirements for marriage when they cohabited before 1994.

The so-called substantive requirements for marriage are the conditions that must be met by both men and women to establish a relationship between husband and wife, including: 1. Both parties have reached the legal age of marriage (22 for men and 20 for women); 2. Both parties are willing to marry; 3. Neither party has a spouse and does not belong to the direct blood relatives Huai Shen or collateral blood relatives within three generations; 4. Do not suffer from any disease that is medically considered unsuitable for marriage.

Marriages without a marriage license are not protected by law. The marriage certificate of unknown source belongs to a cohabitation relationship, and the state does not provide legal protection for cohabitation relationships. According to the relevant laws and regulations, a man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority, and if the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued.

Marriage registration is completed, that is, the marriage relationship is established, and if the marriage registration is not completed, the registration shall be re-registered.

Legal basisArticle 1050 of the Civil Code of the People's Republic of China.

After the marriage is registered, the woman may become a member of the man's family and the man may become a member of the woman's family according to the agreement between the man and the woman.

How to handle a rotten divorce without a marriage certificate.

1. After the marriage certificate is replaced, if both parties can reach an agreement on divorce matters, they can go to the original marriage registration authority or the marriage registration authority where one of the parties has a permanent residence to go through the divorce registration.

2. If the other party does not cooperate to reissue the marriage certificate, he can go to the original marriage registration authority with his household registration book and ID card to request a certificate of marriage relationship, and then go to the people's court to file for divorce;

3. If the marriage time is too long and the registration information at that time cannot be found, the marriage registration authority will not issue a certificate, in this case, the divorce can only be filed. When filing a case, the certification materials issued by the unit or police station may be provided;

4. If the other party hides the marriage certificate, don't say that it was hidden when you go to issue a certificate of marriage relationship, and tell the staff that the marriage certificate is lost.

Unregistered marriages are not protected by law. In an unregistered marriage, the parties do not have the right to register and obligate relationship between husband and wife, that is, if the other party and other people register their marriage at this time, the registered marriage is a legal marriage and the marriage is protected by law.

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 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 the marriage registration has not been completed, the registration shall be made up by the state.

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

Marriages without a marriage license are not protected by law. This is an illegal act, and the failure to obtain a marriage certificate is a cohabitation relationship, and the state does not provide legal protection for cohabitation relations, and the situation will be different in the case of a de facto marriage.

1. The characteristics of a de facto marriage are as follows:

1. A man and a woman who are in a real marriage should have no spouse, and if they have a spouse, it becomes a de facto bigamy;

2. The parties to a de facto marriage have the purpose of marriage and the form of living together;

3. The man and woman of a de facto marriage shall have a public identity as husband and wife. That is, they live together in the name of husband and wife, and they are recognized by the surrounding people.

2. The process of marriage registration is as follows:

1. Both married men and women shall jointly go to the marriage registration authority where one of the parties has permanent residence to go through the marriage registration;

2. Submit relevant documents and materials;

3. The marriage registration authority shall examine its documents and materials and inquire about the relevant information;

4. Those who meet the requirements for marriage shall be registered on the spot and issued a marriage certificate.

All in all, a marriage without a marriage license is not protected by law. Attention needs to be paid to the conditions of the state reality for de facto marriages. If you only hold a wedding and do not apply for a marriage certificate, that is, you do not get a marriage certificate, and then live together in the name of husband and wife, this situation is not protected by law.

1. Marriages without a marriage certificate are not protected by law.

De facto marriages are no longer legally recognized. Marriage must be obtained a marriage certificate, do not believe in the contract, this is illegal, it is not good to protect your rights.

1. Article 1049 of the Civil Code provides that 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. 2. Therefore, China's new Civil Code does not recognize de facto marriages. However, there is special protection for children born out of wedlock, and article 1071 Children born out of wedlock enjoy the same rights as children born out of wedlock, and no organization or individual may harm or discriminate against them.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently. A null and void marriage that is void or annulled is void ab initio. The parties do not have the rights and obligations of husband and wife.

The property acquired during the period of cohabitation shall be disposed of by the parties by agreeing with the friends on a deferred basis; If an agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the party who is not at fault. The disposition of property that results in an invalid marriage caused by bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. For children born to the parties, the provisions of this Law on parents and children shall apply.

2. There are the following differences between cohabitation and husband and wife:

1. It is forbidden for a person with a spouse to cohabit with others; while cohabitation is not protected;

2. Husband and wife should be faithful to each other, and cohabitation is not protective;

3. In addition to the written agreement that the property acquired during the existence of the marital relationship shall be owned by each other, the property acquired during the existence of the marital relationship shall be jointly owned by the husband and wife; During the period of cohabitation, each property belongs to each other;

4. Husband and wife have the obligation to support each other; And cohabitation does not;

5) Husband and wife have the right to inherit each other's inheritance; And cohabitation does not;

6. Relief measures, the party at fault in the divorce of the husband and wife should share less property and bear the fault compensation; Cohabitation is not covered because it is not protected by law;