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The two nominal registrants need to register their divorce.
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You are violating the law and are invalid.
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There is nothing wrong with naïve people being with naïve people, and there is nothing wrong with mature people being with mature people. Mature people and naïve people have more problems together. Years of experience, you can easily see through your problems, I think many people have the same mentality as you, normal and yes, but it is not helpful at all, there is still to have practical action, this is the power of consulting, if you don't believe it, you can read the article.
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According to the relevant provisions of the Marriage Law, there are three situations in the marriage relationship: First, the marriage is invalid. It refers to a marriage in which a man and a woman combine their sexes and do not meet the substantive requirements for marriage and are not legally valid in law (marriages under the four circumstances stipulated in Article 10 of the Marriage Law).
The second is legal marriage. It refers to a marriage established by a man and a woman who meet the substantive and formal requirements for marriage.
The third is a voidable marriage. It refers to a marriage that has been established, and because it lacks the true intention to marry, the coerced party may request the marriage registration authority or the people's court to annul the marriage in accordance with the law.
Where the dissolution of a lawful marriage is to be achieved by the parties applying to the marriage registration authorities or by filing a lawsuit with the people's court, the dissolution of an invalid marriage is to be effected by the parties, interested parties, or relevant organizations submitting an application to the people's court or by the people's court declaring the marriage null and void ex officio. Although divorce and annulment of marriage are both dissolution of the marital relationship between a man and a woman, there is an essential difference between divorce proceedings and nullity marriage proceedings.
1. From the perspective of the causes, the reason for the divorce occurred after the marriage relationship was established, because "the relationship between the husband and wife has indeed broken down". The null and void marriage arises from the violation of the substantive elements of the marriage, and at the time the marriage is concluded, the violation has occurred as a fait accompli.
2. From the perspective of the nature of the act, the divorce is a legal marriage, while the invalid marriage is an illegal marriage.
3. From the perspective of the validity and statute of limitations, divorce shall take effect from the date on which the legal document on the dissolution of the marriage relationship takes effect, and it shall be a legal act of the parties during their lifetime. An invalid marriage shall be invalid from the date of registration of the marriage, and the application for annulment may occur either during the existence of the parties to the marriage or after the death of one or both of the parties.
4. From the point of view of the claimant, divorce can only be filed by one or both of the parties, and the parties, interested parties and relevant organizations can apply for a declaration of nullity of marriage in accordance with the law.
5. From the perspective of handling procedures, divorce cases should be mediated, the parties may withdraw the lawsuit, and those who are dissatisfied with the first-instance judgment may appeal. However, mediation is not applicable to invalid marriage cases, and the parties are not allowed to withdraw the lawsuit, and the first instance is final.
6. Judging from the requirements of the judgment documents, in divorce cases, if a divorce is adjudicated, the issues involving child support and property division should be handled together and adjudicated in the same legal document. In an invalid marriage, where the declaration of nullity involves child support and division of property, a separate judgment document should be drafted.
Therefore, the correct distinction between divorce cases and invalid marriage cases in judicial practice is not only related to whether the characterization of the case is accurate, but also is of great significance to the protection of the legitimate rights and interests of the parties to the marriage.
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Where it is an illegal cohabitation relationship, and it is handled through negotiation on their own, and disputes over property or child support are involved, they may be sued and handled.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (2) Article 1: Where a party files a lawsuit requesting the dissolution of a cohabitation relationship, the people's court will not accept it. However, where a party's request to dissolve a cohabitation relationship falls under the category of "cohabitation with another person with a spouse" as provided for in articles 3, 32, and 46 of the Marriage Law, the people's court shall accept it and dissolve it in accordance with law.
Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's courts shall accept it.
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Don't have a marriage certificate, do you? Have children.
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For an invalid marriage, it can be void ab initio.
The property obtained during the period of living with the hungry orange shall be disposed of by agreement of the parties; If the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the innocent party. The disposition of the property of the null and void marriage caused by bigamy must not infringe upon the property rights and interests of the parties to the lawful marriage. The provisions of this Law on parents and children apply to children born to a party to a fight.
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Those who have not reached the legal age for marriage cannot receive a marriage certificate, and those who have not received a marriage certificate are not husband and wife, and there is no divorce. If there is no marriage certificate or marriage certificate, the court will not file the case.
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Hello! Those who have not reached the legal age of marriage will not be able to receive the "Marriage Certificate" at all, and without the "Marriage Certificate", they are not husband and wife in the legal sense. If a lawsuit is filed, the people's court will not accept it. Thanks for reading!
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1. Those who have not reached the legal age of marriage and live together cannot obtain a marriage certificate. In fact, the parties are not legally husband and wife;
2. When suing for divorce, the court will dismiss the lawsuit. However, if the application for the dissolution of the cohabitation relationship is accompanied by a request to dispose of the joint property during the period of cohabitation, the court shall accept it.
Article 1 of the Interpretation (II) of the Marriage Law stipulates that if a party sues for the dissolution of a cohabitation relationship, the people's court shall not accept it. If the parties file a lawsuit due to a dispute over the division of property or child support during the period of cohabitation, the people's court shall accept it.
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Void! Don't be smart, your spouse is someone else's in law!
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with false information.
Obtaining a marriage certificate by fraud.
Legally regarded as an invalid marriage, it is not protected by law.
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There are two ways to dissolve a marriage:
1) The method of agreement, that is, the two parties reach a divorce agreement and go to the marriage registration authority to register the divorce, and the marriage relationship is dissolved.
2) The method of litigation, that is, one party sues the other party to the people's court, and the people's court will make a judgment for divorce, or mediate the divorce.
Article 5 of the Supreme People's Court's Interpretation (I) on Several Issues Concerning the Application of the Marriage Law (hereinafter referred to as the "Interpretation (1)" of the Supreme People's Court mainly applies to the dissolution of cohabitation cases: "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 shall be treated differently if they sue the people's court for divorce
Prior to the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, the law treated a man and a woman who had illegally cohabited together as if they had met the substantive requirements for marriage.
After the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" was promulgated and implemented on February 1, the law provides that where both men and women who have illegally cohabited meet the substantive requirements for marriage, the people's court shall inform them to apply for marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship. ”
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If it constitutes the crime of bigamy, it can be reported. Whoever has a spouse and marries another person while knowing that he or she has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.
At present, there is no crime of illegal cohabitation, and cohabitation is divided into two types: cohabitation between a person without a spouse and another person, and cohabitation with another person, and a person with a spouse who lives together with another person as husband and wife, may be suspected of the crime of bigamy.
Property acquired during the period of cohabitation may be disposed of in accordance with the agreement of the parties, and if the negotiation fails, it will generally be disposed of in accordance with the principle of taking care of the innocent third party. In general: property owned by an individual belongs to the owner; The joint property that can be divided shall be divided according to the share of the property occupied by both parties; In the case of property that is not suitable for division, it may belong to one of the men and women, and compensation shall be paid to the other party in accordance with his or her share of the property; For an enterprise operated jointly by both parties or in partnership with others, the two parties shall compensate the other party for their share according to the business situation, and the other party shall compensate for the share due to the other party.
How to determine the cohabitation relationship before marriage in the Civil Code The Civil Code stipulates that it is legal for a man and a woman to marry without a marital relationship. If one of the parties cohabits by marriage, it is an illegal cohabitation.
Unmarried cohabitation is a kind of sexual relationship in which a man and a woman live together openly or secretly in the name of non-husband and wife, and this kind of relationship is not protected by law in our country.
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Since it is an illegal cohabitation relationship, it does not need to be dissolved, as it has no legal effect from the beginning.
Illegal cohabitation refers to the union of a man and a woman who has a spouse who has not registered their marriage and who does not live together continuously and stably in the name of husband and wife, or who lives together as husband and wife without marriage registration, but who does not meet the legal requirements for de facto marriage. Article 1 of the Interpretation (II) of the Marriage Law stipulates that if a party requests the dissolution of a cohabitation relationship, the people's court shall not accept it. However, where the parties' request for dissolution of the cohabitation relationship falls under the circumstances of "a person with a spouse cohabiting with another person", or where the parties' request for dissolution of cohabitation involves disputes over the division of property and child support, the people's court shall hear it in accordance with law.
This is because "cohabitation between a spouse and another person" is an act expressly prohibited by the Marriage Law, and if a party files a lawsuit to dissolve the cohabitation relationship, the people's court should of course accept it and dissolve the cohabitation relationship in accordance with the law. As for the cohabitation relationship between a man and a woman who are not married, because it is not a social relationship protected by law, if the parties file a lawsuit only to request the dissolution of the cohabitation relationship, the people's court shall not accept it; If the parties file a lawsuit on the division of property and child support during the period of cohabitation, the people's court shall accept it. This is because the property relationship and child support relationship formed by the parties during the period of cohabitation are civil legal relationships protected by law, and the people's court shall provide protection in accordance with law.
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According to the provisions of China's marriage law, the court will not accept the dissolution of the cohabitation relationship between two people. However, if the division of property or the maintenance of children during the period of cohabitation is involved, the court shall accept it and deal with the dissolution of the cohabitation relationship together.
In addition, according to the provisions of China's civil law on the protection of human rights, if the woman becomes pregnant and has an abortion during the existence of the cohabitation relationship, if the woman takes the initiative to terminate the cohabitation relationship due to reasons other than the woman's reasons, then the man shall compensate the woman for the property loss and physical damage caused by the pregnancy and abortion.
In summary, if he wants to go to court to sue you, you can make a plea and ask the husband to pay you damages and divide the joint property during the cohabitation.
Inform the landlord that cohabitation is risky and you must be cautious in choosing a person.
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You are living together illegally, so there is no question of dissolution.
He kicked you out, you did the child, and now he asks you for money and a child, you can ignore him. There is no law to support him.
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The court will not entertain all unlawful cohabitation and will only accept it if one or both of the cohabiting parties have a spouse to protect the lawful marital relationship. So the easiest way to break up an illegal cohabitation relationship is to move out and not live together.
In addition, according to what you said, there is no legal basis for him to ask you for children, but as for money, if you have joint property during the period of cohabitation, you need to negotiate between the two of you.
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An unlawful cohabitation relationship is not a legally recognized relationship and does not need to be dissolved.
Tell him that he doesn't know him, and he will harass him and call the police directly.
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This relationship doesn't have to be dissolved, you just don't have to live with him.
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Interpretation 2 of the Marriage Law.
Article 1: Where parties file a lawsuit requesting the dissolution of a cohabitation relationship, the people's courts will not accept it. However, the cohabitation relationship requested by the parties to be dissolved falls under the provisions of Articles 3, 32 and 46 of the Marriage Law"A person who has a spouse cohabits with another person"and the people's court shall accept it and lift it in accordance with law.
00 Where a party initiates a lawsuit due to a dispute over the division of property or child support during the period of cohabitation, the people's court shall accept it.
The court shall not accept the lawsuit of cohabitation alone, but shall accept it in relation to property and child support. You and he have no legal marriage relationship, and you can decide whether you live together or not, just don't go, and there is no need to dissolve it in accordance with the law.
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Effective. Under the Marriage Registration Ordinance 2003
The regulations no longer stipulate that the marriage registration authorities may revoke the marriage registration and impose penalties on the parties who "obtain marriage registration by fraud", because the Marriage Law of 2001 added the system of invalid and voidable marriages and clearly stipulated the legal consequences of invalid and voidable marriages. After the implementation of the Marriage Registration Regulations, the marriage registration authorities no longer have the right to exercise the right of revocation and the right to punish the parties who have "obtained marriage registration by fraud".
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It's definitely valid, it's been more than ten years, and it's already a de facto marriage
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