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Legally speaking, this is the case, which can only be regarded as boyfriend and girlfriend, and there is no obligation that must be fulfilled, but the new marriage law has the theory of de facto marriage, and the specific definition can be seen in the encyclopedia to see the explanation of de facto marriage.
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Depending on what you think, legally speaking, a husband and wife must have a marriage certificate, and morally speaking, a husband and wife must be married. If you don't do this, you can enter a series of cohabitation and life in advance, or you can say that you enter the life of a husband and wife in advance, which is just a conceptual problem. But if you really want to implement the word "husband and wife", I advise you to do all of the above.
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It depends on the customs of the two individuals and the place. In some places, a wedding is considered a marriage. It's just that without a marriage certificate is not protected by law.
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Of course, it can't be counted, without a marriage certificate, it will not be protected by the law, and it is not a legal husband and wife relationship.
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I am like this, one step ahead of you, the children are more than two years old, it can be said that they are not husband and wife, there is no marriage certificate, and it is not recognized by the state.
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No, if you are not married, you live together, that is, husband and wife, everything is protected according to the marriage law of husband and wife.
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can only be regarded as illegal cohabitation, and only with a certificate can it be regarded as a legal husband and wife, no matter how good the relationship between two people is, if they do not get a certificate, once something happens in law, there is no guarantee.
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Yes, even if the marriage ceremony is held and the marriage certificate is not obtained, it is not considered a marriage
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At least it can't be regarded as a legally recognized couple, and it is still considered to get a certificate if you join a strong relationship.
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Yes, getting a marriage certificate proves that your marriage is protected by law and is a legal husband and wife.
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Legally, if you don't get a marriage certificate, you are not considered a husband and wife
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If you have children and live together before 1994, you are considered a de facto couple, and the rest are not legally recognized formal marriages in China. For details, see China's 2011 revision of the Marriage Law.
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That's a ridiculous question, and you're too ignorant of the law, of course not.
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As long as you have a banquet, you are a de facto marriage, and it is also legally effective.
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You may already be husband and wife in your heart, but you are not legally protected.
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can only be considered a common-law partner.
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At least that's what the law does.
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At least it's a disservice to you.
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Legal Analysis: Not counted. Without registration in accordance with the law, it cannot constitute a legal husband and wife relationship, but can only be regarded as a cohabitation relationship.
The marriage registration authorities shall examine the documents and supporting materials issued by the parties to the marriage registration and inquire about the relevant circumstances. Where the parties meet the requirements for marriage, they shall be registered on the spot and a marriage certificate shall be issued; Where the parties do not meet the requirements for marriage and are not registered, the reasons shall be explained to the parties.
Legal basis: Civil Code of the People's Republic of China
Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.
Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.
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According to the Civil Code of the People's Republic of China, the legal marriage relationship must be completed by both parties to the marriage registration authority where one of the parties has permanent residence, and the marriage registration is completed, that is, the marriage relationship is established.
[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. Where marriage registration has not been completed, the registration shall be re-registered.
Article 7 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.
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.
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If you do not have a marriage certificate, you are not considered a legal couple. According to Article 1049 of the Civil Code, 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. According to Article 4 of the "Marriage Registration Regulations," when a mainland resident marries, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent household registration to complete the marriage registration.
Where a Chinese citizen marries a foreigner in Chinese mainland, or a mainland resident marries a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the marriage registration. 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. Article 4 of the Marriage Registration Regulations stipulates that when a mainland resident marries, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence.
Where a Chinese citizen marries a foreigner in Chinese mainland, or a mainland resident marries a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the marriage registration.
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Summary. A man and a woman who have not registered their marriage after 1 February 1994 and live together as husband and wife are not husband and wife.
If they cohabited in the name of husband and wife before February 1, 1994, and the legal requirements for marriage were met at that time, it may be considered a de facto marriage. , the two parties can be identified as husband and wife.
A legally recognized de facto marriage requires the following elements:
(a) Cohabitation between a man and a woman, i.e. a man and a woman living together in a continuous and stable manner, beginning before 1 February 1994;
2) The cohabiting parties already met the substantive requirements for marriage at the time of cohabitation before 1994.
Is it considered a husband and wife who has not received a marriage certificate?
A man and a woman who have not registered their marriage after 1 February 1994 and live together as husband and wife are not husband and wife. If they cohabited in the name of husband and wife before February 1, 1994, and the legal requirements for marriage were met at that time, it may be considered a de facto marriage. , the two parties can be identified as husband and wife.
For a legally recognized de facto marriage, the following elements must be met: (1) cohabitation of a man and a woman, i.e., a man and a woman living together in a continuous and stable cohabitation, and the act began before February 1, 1994; (2) The cohabiting parties already met the substantive requirements for marriage at the time of cohabitation before 1994.
Is it considered husband and wife to hold a banquet?
No, only those who have obtained a marriage certificate from the Civil Affairs Bureau can be regarded as a legal husband and wife.
What happens when the man detains me and doesn't let me go out?
Hello dear, this is illegal detention, you need to report to the police, and if you do not have a marriage certificate, you are suspected of hindering your right to personal freedom.
yes, that's what I thought, I don't know what to do.
It is recommended that you call the police immediately and call 110 to deal with the pro. Good.
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Summary. Not counted. Obtaining a marriage certificate establishes the relationship between husband and wife.
The legal relationship between husband and wife is counted from the time of marriage registration and obtaining a marriage certificate. The only legal procedure for a legal marriage is to obtain a marriage certificate. Only the marriage certificate (including the Certificate of Relationship between the Husband and Wife) is the only legal basis to prove the legality of the marriage of the parties to the marriage.
If a person lives together and has children but does not apply for a marriage certificate, outsiders are considered to be husband and wife, and it is a de facto marriage. A de facto marriage is not a legal couple. The fact that the parties to a de facto marriage have not fulfilled the marriage registration formalities do not have the statutory requirements for marriage registration 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, whether they have children or whether they live together, any marriage that has not been registered is not a legal marriage.
Not counted. Obtaining a marriage certificate establishes the relationship between husband and wife. The legal relationship between husband and wife is counted from the time of marriage registration and obtaining a marriage certificate.
The only legal procedure for a legal marriage is to obtain a marriage certificate. Only the marriage certificate (including the Certificate of Relationship between the Husband and Wife) is the only legal basis to prove the legality of the marriage of the parties to the marriage. Those who live together and have children but do not apply for a marriage certificate are considered by outsiders to be husband and wife, and it is a de facto marriage.
A de facto marriage is not a legal couple. The fact that the parties to a marriage have not fulfilled the marriage registration formalities and do not have the statutory requirements for marriage registration 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, whether they have children or whether they live together, any marriage that has not been registered is not a legal marriage.
Is it considered husband and wife to handle the banquet?
Not counting! Not considered a legal couple.
Why do some people say that if they get married and have a banquet, they are a legal husband and wife?
Laws and regulations stipulate that only those who have a marriage certificate can be considered a legal husband and wife.
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Summary. Dear, hello I am your teacher "Xiao Yue'er" who answers questions about this life, the question has been received, typing, it takes a little time, you wait patiently
Dear, hello I am your teacher "Xiao Yue'er" who answers questions about this life, the question is received, typing, it takes a little time for the waxed dates, you wait patiently for a round of dismantling
Hello dear: If you don't get a marriage certificate, you are not a husband and wife, and you are not a husband and wife. The marriage relationship is subject to registration, and without registration, it is not a husband and wife relationship.
The legal relationship between husband and wife is counted from the time of marriage registration and obtaining a marriage certificate. The law stipulates that the only legal procedure for marriage is the acquisition of a marriage certificate. Only the marriage certificate is the only legal basis to prove the legitimacy of the marriage of the parties to the Ling Shucong marriage.
I hope mine is helpful to you
But I didn't get a marriage certificate with them, what should I do if they are all my personal freedom?
Dear, the other party restricts your freedom in life, you can call 110 to call the police or mediate with the other party.
I couldn't reconcile with the other party, and they kept me at home.
Dear, then you call 110 to call the police, the other party illegally detains you, it is illegal. The offence is unlawful detention. Article 238:Anyone who illegally detains another person or illegally deprives another person of his or her personal liberty by other means shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights.
Where there are circumstances of beating or insulting, a heavier punishment is to be given.
Okay, I got it.
I hope mine is helpful to you
This is not necessarily, it depends on how the two of you develop, if you think that both of you are together, you can live together, you can get married, if you feel that two people are not compatible, you don't need to get married, otherwise you will be unhappy before marriage.
Hehe, definitely not. Because if the landlord has read to a certain stage, he should understand what the "four are empty" means, instead of using it incorrectly like asking a question:) The book is inexhaustible. >>>More
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I don't know if the two of them have children, if there are children, then there is a basis. >>>More
Do you think that he made mistakes in the past and must have been a very serious betrayal to make you break up, you love him and can't agree to his request, so I think it's absolutely wrong to marry such a non-*** person, your discomfort now is love, he is very selfish and wants to use marriage to trap you, this is unfair to you, nothing to think about! Happiness can still be found, just not now.