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In the past, before the introduction of the 80 Marriage Reform Program Law, there was something called de facto marriage, but now this provision is gone, they should be regarded as unmarried cohabitation, and the law does not protect it, you can register your marriage with your girlfriend, at most her ex-boyfriend will file a lawsuit with the court on the grounds of contact with cohabitation, but the court will not accept it if there is no personal dispute or major property dispute, so the man will go to the court at most to fight for the child. If he doesn't want children, it's like a normal boyfriend and girlfriend breaking up, and there is no need to worry about it.
By the way, I am a graduate student in marriage law.
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Without a marriage certificate, the law cannot recognize them as legal couples, and the court will not accept them!
There is a crime of bigamy without a marriage certificate???
If you haven't applied for a marriage certificate, you can handle it with her, even if her current "husband" sues her, there is no certificate, and finally I wish you happiness!
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If you don't have a marriage certificate, it is not bigamy, that is to say, it has no legal effect, if your friend does not want children, and you can go through the marriage registration of the two of you as soon as possible, it is the best, because there will be long nights and dreams, you can also refer to the Chinese marriage law:
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Where did you get a divorce certificate without a marriage certificate!
How can the court accept it for you if you are not married!
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When did they get together They don't have a marriage certificate, which means that they are not married, just apply to the court to dissolve the cohabitation relationship, and you can also look at the marriage law.
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The Marriage Law of the People's Republic of China, promulgated and implemented on May 1, 1950, was the first law promulgated by the People's Republic of China. The full text is divided into 8 chapters, including principles, marriage, rights and obligations between husband and wife, relationship between parents and children, divorce, child support and education after divorce, property and life after divorce, and supplementary provisions, with a total of 27 articles. The content focuses on the adjustment of marital relations, and also touches on various important issues in family relations.
On September 10, 1980, the Third Session of the Fifth National People's Congress passed the new Marriage Law of the People's Republic of China. It came into force on January 1, 1981, and the original Marriage Law was repealed on the date of implementation of the new law. On August 12, 2011, the Supreme People's Court issued the latest judicial interpretation of the Marriage Law.
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Your situation is a de facto marriage, although you do not have a marriage certificate, you are also legal, and when the man appeals, you have to fight for the right to a legal wife.
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The full text of the Marriage Law of the People's Republic of China is divided into 6 chapters, including General Provisions, Marriage, Family Relations, Divorce, Relief Measures and Legal Liability, and Supplementary Provisions, with a total of 51 articles. On September 10, 1980, the Third Session of the Fifth National People's Congress passed the new Marriage Law of the People's Republic of China, which came into force on January 1, 1981. The Law of the People's Republic of China on Marriage and Marriage, promulgated on May 1, 1950, shall be repealed as of the effective date of this Law.
Amended at the 21st Meeting of the Standing Committee of the Ninth National People's Congress on April 28, 2001. On May 28, 2020, the Third Session of the 13th National People's Congress voted to adopt the Civil Code of the People's Republic of China, which will come into force on January 1, 2021. The Marriage Law of the People's Republic of China abolished the staggering at the same time.
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Marriage Law of the People's Republic of China (Adopted at the 22nd Government Council of the Government Council on March 3, 1950 and adopted at the Seventh Meeting of the **People's Committee on April 13, 1950) Table of Contents Chapter 1 Principle Chapter 2 Marriage Chapter 3 Rights and Obligations between Husband and Wife Chapter 4 Relationship between Parents and Children Chapter 5 Divorce Chapter 6 Raising and Education of Children After Divorce Chapter 7 Property and Life After Divorce Chapter 8 Supplementary Provisions Chapter 1 Principle 1 Abolition of arranged coercion, male superiority and inferiority of women, The feudal marriage system that ignores the interests of children. A new democratic marriage system is implemented in which men and women marry freely, monogamy, equal rights for men and women, and protection of the legitimate rights and interests of women and children. Article 2: Bigamy and concubinage are prohibited.
Child brides are prohibited. Interference with the freedom of widows to marry is prohibited. It is forbidden for any person to solicit money or property on the grounds of marriage.
Where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that the following circumstances apply: (1) the parties have not gone through the marriage registration formalities; (2) The parties have gone through marriage registration formalities but do not live together; (3) Payments made before marriage and causing hardship to the payor. The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties. >>>More
The Marriage Act does not actually give the green light to illegal cohabitants. >>>More
Hello! In 1990, when family planning was the strictest in China, the Marriage Law stipulated that the age of childbearing was 25 for men and 22 for women, which was the same in urban and rural areas.
Hello, my country's "Marriage Law" does not have a provision for automatic divorce after two years of separation, and many people have misunderstandings about this in reality! Article 32 of the Marriage Law stipulates that if a person has been separated for two years due to emotional discord, the divorce shall be granted if mediation fails. How to understand this law? >>>More
"Joint property of the wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife. >>>More