If they have been married for six years and have a child, do they have no marriage certificate and a

Updated on society 2024-05-06
9 answers
  1. Anonymous users2024-02-09

    Dizzy, you can move the woman's hukou without a marriage certificate, it's really too powerful. If you don't have a marriage certificate, you can't be protected by the law, but if both parties recognize it, the law will recognize you as a de facto marriage, just go to the Civil Affairs Bureau to make up for a marriage certificate.

    It is best to resolve your situation through negotiation between both parties, after all, it is difficult for outsiders to mediate between husband and wife.

  2. Anonymous users2024-02-08

    You're in a de facto marriage and it's not protected by law.

    1. A man and a woman in a de facto marriage shall have no spouse, and if there is a spouse, it becomes de facto bigamy. De facto bigamy: refers to the fact that the previous marriage has not been dissolved, and the person lives together in the name of husband and wife, but the marriage registration formalities have not been completed.

    As long as the parties openly live together in the name of husband and wife, even if the marriage is not registered, it constitutes bigamy. 2. The parties to a de facto marriage 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, all illegal sexual acts have no purpose for marriage and no form of living together. 3. A man and a woman in a de facto marriage have an open 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.

    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 the de facto marriage have not fulfilled 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.

    Children born to parties to a common-law relationship during their cohabitation are legitimate children, and children born to parties to a common-law relationship are illegitimate children. According to Article 19 of China's Marriage Law, which stipulates that "children born out of wedlock shall enjoy the same rights as legitimate children, and no one shall harm or discriminate against them", whether it is a de facto marriage or a cohabitation relationship, when both parties divorce, the issue of child support shall be handled in accordance with this provision of the Marriage Law.

  3. Anonymous users2024-02-07

    Brother, if you don't get a marriage certificate, you can't be protected by the law, she can leave you at any time, but your baby must be raised by you together, everyone is obliged, you have to think of getting a certificate with him, so that it is safe!

  4. Anonymous users2024-02-06

    Before February 1, 1994, where the parties met the substantive requirements for marriage and lived together, but did not go through the marriage registration, it shall be handled as a de facto marriage. Since then, the state has not recognized de facto marriages, and without a marriage certificate, it is an illegal cohabitation relationship.

  5. Anonymous users2024-02-05

    If you don't have a marriage certificate, you can't be protected by law, or you just wait for her to come home, talk to her, and get a marriage certificate if you have the chance.

  6. Anonymous users2024-02-04

    Summary. Hello, I've seen your question Ha Now I'm manually replying to the content for you, but it takes a little time, please be patient for a while, thank you, thank you

    I didn't get a marriage certificate, and the household registration book is husband and wife, and can I still have two children who are protected by law and can I divide the property?

    Hello, Nianzi your problem I have seen Ha Now I am hand-hungry for you to return to the limb content, but it takes a little time, please wait patiently, thank you

    Hello, it is not allowed by the department, because according to the relevant provisions of the Marriage Law and its judicial interpretation, there is no marriage registration and receipt of a marriage certificate. Generally speaking, it is not a legal relationship between husband and wife, so this relationship is not protected by the marriage law. Cohabitation without a license may constitute a common-law relationship or a de facto marriage.

    All those who do not have marital property, only personal property, cannot be divided

    Do you think there's anything else you can help with?

  7. Anonymous users2024-02-03

    The two husbands and wives have children who have lived for many years and have a household registration, so it doesn't matter if they don't have a marriage certificate.

    Hello, it's a pleasure to answer your question. Living together without a marriage certificate is a cohabitation relationship, and a child born of a cohabitation relationship is an illegitimate child. China has abolished the legal relationship of de facto marriage, and if you live together without a marriage certificate, it will be determined that the cohabitation Guan Zhenghui is the case, and the children born out of wedlock have the right to inherit.

    I hope the above is helpful to you and I wish you a happy life

  8. Anonymous users2024-02-02

    Summary. Dear, it is definitely protected by law.

    If two people already have children, but do not have a marriage certificate, are they protected by law?

    Dear, it is definitely protected by law.

    1) The cohabitation between the two parties before the establishment of the cohabitation relationship and the implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, have been cohabiting together in the name of husband and wife until now, and have not applied for a marriage certificate, which constitutes a de facto marriage as stipulated by the state, and the state recognizes you as husband and wife. After implementation, if a man and a woman who have not registered their marriage and live together in the name of husband and wife, and both parties meet the substantive conditions for marriage, the re-registration will take effect as a legal marriage. Those who fail to re-register their marriages are in an illegal cohabitation relationship, and they have no legal rights and obligations between them.

    According to the law, marriages are subject to registration, and unregistered marriages are not protected by law; Children born out of wedlock are protected by the legal ridge just like children born in wedlock. II. Legal Basis: Article 5 of the "Interpretation 1 of the Marriage Law" Where a man and a woman who have not completed marriage registration in accordance with the provisions of Article 8 of the Marriage Law and live together in the name of husband and wife 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, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them of the case.

    If you do not make up the marriage registration, it is an illegal cohabitation relationship, and there are no legal rights and obligations between each other. According to the law, marriage is subject to registration, and unregistered marriages are not protected by law; Children born out of wedlock are protected by the law, just like children born out of wedlock.

    Do you have any questions, and if not, I wish you a happy life.

  9. Anonymous users2024-02-01

    After 1994, China no longer recognizes de facto marriages, and living together without a marriage certificate is a cohabitation relationship, and cohabitation is not the same as marriage. Marriage is a husband and wife relationship that has been recognized by law, and it cannot be dissolved casually, and the dissolution of the relationship must go through certain legal procedures; Cohabitation, on the other hand, is not recognized by law and does not have any legal protection. During the period of cohabitation, the man and the woman can at any time propose to break up and terminate the relationship, which is not protected by law.

    Legal basis

    Article 1049 of the Civil Code: The completion of marriage registration means that the marriage relationship is established. Where marriage registration has not been completed, the registration shall be re-registered.

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