Does the Marriage Law clearly stipulate that there is no marriage record if the marriage is divorced

The Marriage Law does not clearly stipulate that if you divorce within half a year, there will be no marriage record. As long as both parties are married, there is a marriage record.

Article 8 of the Marriage Law provides that a man and a woman who wish to marry must register their marriage 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. Obtaining a marriage certificate establishes the relationship between husband and wife. Where marriage registration has not been completed, the registration shall be re-registered.

Article 9: After 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.

Article 10: Marriage is null and void under any of the following circumstances:

1) bigamy;

2) There is a family relationship that prohibits marriage;

3) Suffering from a disease that is medically deemed unsuitable for marriage before marriage, and has not yet been married after marriage;

4) Those who have not reached the legal age for marriage.

If there is no such provision, there must be a record.

The Marriage Law of the People's Republic of China does not stipulate that "if you have been married for less than half a year, there will be no marriage record if you divorce".

The Marriage Law of the People's Republic of China or the Regulations on the Administration of Marriage Registration do not stipulate that if you have been married for less than half a year, there will be no marriage record if you divorce". Marriage in accordance with the law and divorce in accordance with the law will be registered and archived for a long time. At present, they basically use microcomputers to work and adopt paper and electronic dual file management.

Appendix 1: Marriage Law of the People's Republic of China (excerpt).

Article 5 Marriage must be entered into free and complete free will be between the man and the woman, and neither party shall be allowed to coerce the other or any third party to interfere with it.

Article 8 A man and a woman who wish to marry must register their marriage 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. Obtaining a marriage certificate establishes the relationship between husband and wife. Where marriage registration has not been completed, the registration shall be re-registered.

Article 31: Where both men and women divorce voluntarily, the divorce is granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

Appendix 2: Regulations on the Administration of Marriage Registration (excerpt).

Article 15: Marriage registration organs shall establish marriage registration files. Marriage registration files shall be kept for a long time. The specific management measures shall be formulated by the civil affairs department in conjunction with the State archives management department.

Article 16: After the marriage registration organ receives a copy of the judgment of the people's court declaring the marriage null and void or revoking the marriage, it shall enter the copy of the judgment into the marriage registration file of the parties.

Article 17: Where a marriage certificate or divorce certificate is lost or damaged, the parties may apply to the original marriage registration organ or the marriage registration authority for the place where one of the parties has permanent residence with their household registration booklet or identity card for a replacement. Where the marriage registration organs verify the marriage registration files of the parties and confirm that they are true, they shall reissue the marriage certificate or divorce certificate to the parties.

Legal analysis: The Civil Code stipulates that if a husband and wife divorce after less than half a year of marriage, the joint property shall be divided by both parties through negotiation, and if the negotiation fails, they may file a lawsuit with the court.

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 office.

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 a divorce lawsuit 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 files a divorce lawsuit again, the divorce shall be granted.

The Supreme People's Court once stipulated in the 1993 judicial interpretation of Baidu: "The property owned by one party before marriage and jointly used, operated and managed by both parties after marriage, and the house and other means of production of greater value have been used for 8 years, and the valuable means of subsistence have been used for 4 years, can be regarded as the joint property of the husband and wife." ”

Divorce should also reflect the principle of taking care of the interests of the children and the woman. The "care" here can not only give the woman an appropriate share of the property, but also allocate a certain property that is particularly needed for life, such as housing, to the woman in terms of the type of property. After all, in terms of customary forces, obstacles caused by the influence of traditional factors, and women's housework burdens and physiological characteristics, after divorce, women are generally weaker than men in finding jobs and earning a living, and they need more help from society.

The marriage is still valid, the Marriage Law does not provide for the automatic dissolution of the marriage after a few years of separation, and the relationship is not harmonious and separated for 2 years and there is no reconciliation can be recognized as the basis for the breakdown of the relationship. It is still necessary for both parties to agree on the divorce, and if the agreement fails, the divorce lawsuit should be filed with the local people's court.

If you live in a different place or not live together for two years, it is legally considered a divorce.

No, it is not possible to go through the divorce procedures.

Two people who live in two places for half a year can go to the court to sue for divorce.

Separation for 2 years is a condition for divorce. Negotiation or prosecution is sufficient.

Legal basis: Marriage Law of the People's Republic of China.

Article 32: Where a man and a woman request a divorce, the relevant departments may conduct mediation 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 fails, the divorce should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse;

2) Committing domestic violence or abusing or abandoning family members;

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

If one party is declared missing and the other party files a divorce lawsuit, the divorce should be granted in the hope that it will help you.

What you said is that there is no relationship between husband and wife, whether you have not obtained a license, or you have no life.