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First of all, if you do not apply for a marriage certificate, it is not a marriage in the legal sense, you can only be regarded as a cohabitation relationship, not protected by law, 1. Both of you have to raise the child, but generally the child under the age of 2 lives with the mother, and the man must of course pay child support. 2. Because you are married in the legal sense, the property between you is not the joint property of husband and wife, and the money earned by each of you belongs to their own personal property, and there is no question of division. 3. As for the money, "after marriage, the woman's family gave the man 18,500 yuan" - it must be determined whether the woman gave it to the man, or the woman lent it to the man, and if it is a gift, then as long as the recipient has not seriously infringed on the woman and the woman's close relatives, it cannot be revoked.
If it is lent to the man, there must be evidence. Of course he's willing to give it back to you, and that's easy.
You don't need a divorce agreement between you, but I think it's better to write an agreement and leave a note on child support.
It is recommended to buy a ticket before getting on the bus later.
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Let's talk about one question, if you don't get a marriage certificate, then you are not married, and you are not protected by the law. You just had a ceremony. Although it may be used as evidence in a lawsuit, it is less cost-effective.
Then the division of your property can only rely on negotiation. Money is just normal to ask, if they don't give it, what is the note? It's okay if you have, but there's nothing you can do if you don't.
It's normal to be reasonable, after all, you don't have any contradictions, and you should be able to return it, because you didn't buy a car. Now it's a matter of calculating what the previous expenses were, and then calmly saying that no one should take advantage of anyone, and don't make a big noise at the beginning, which is very bad.
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1.Who has custody of the child. - In principle, children under the age of two years shall be raised by the woman.
2.How to divide the common property of the family after marriage. My boyfriend gave all his salary to his mother - there was no marriage registration, each person's property belonged to each person, and the family property could not be divided.
3.After getting married, the woman's family gave the man 18,500 yuan to buy a car. How to come back. The money is still there. I didn't buy the car for the time being. - There needs to be evidence to prove how much money is lent to the man, otherwise, trouble.
4. Without marriage registration, deal with child support issues and property issues, and break up without any formalities.
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I suggest that you think about it before you talk about breaking up, try to say after a cooling-off period, during this time, both parties can do whatever they want, look back, look at you, should you break up!
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If you really want to get a divorce, then call ** to consult a lawyer It is very troublesome to get married without a certificate.
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If you do not have a marriage certificate but have children, you do not need to divorce. A man and a woman who do not have a marriage certificate do not enter into a marriage relationship, do not need to go through a divorce, and are generally treated as a cohabitation relationship. If there is a dispute between the parties regarding the property or children, and the negotiation fails, one party can directly sue the court for property and child custody issues.
According to Article 1084 of the Civil Code, the relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, whether raised directly by the father or by the mother. After divorce, parents still have the right and obligation to raise, educate and protect their children.
In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
Article 1046 of the Civil Code of the People's Republic of China: Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to force the other party, and it is forbidden for any organization or individual to interfere with it. Article 1049 of the Civil Code of the People's Republic of China provides that both men and women 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 completion of the marriage registration is the establishment of the marriage relationship. Where marriage registration has not been completed, the registration shall be re-registered.
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Legal Analysis: Since the question of who has custody of a child born in cohabitation is actually a civil issue, of course the husband and wife can reach an agreement on who has custody of the child born in cohabitation. For example, Article 1084 of the Civil Code states that the relationship between parents and children is not extinguished by the divorce of the parents.
After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. After the divorce, the parents still have the right and obligation to raise, educate and protect their children. In the event of a divorce, children under the age of two shall be raised directly by their mothers.
For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
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 1040 The age of marriage shall not be earlier than 22 years old for men and 20 years old for women.
Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.
Article 1049 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 1050: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, in accordance with the agreement between the man and the woman.
Article 1051 Marriage shall be null and void under any of the following circumstances:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
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If you have a child in our country, you can not have a marriage certificate, but in this case, the child is born out of wedlock, and both parties must pay social maintenance fees in accordance with the provisions of the "Measures for the Administration of the Collection of Social Maintenance Fees". Both parties shall apply for marriage registration in person at the marriage registration authority and reapply for a marriage certificate.
[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 3 of the Administrative Measures for the Collection and Collection of Social Maintenance Fees.
Citizens who give birth to children who do not comply with the provisions of Article 18 of the Population and Family Planning Law shall pay social maintenance fees in accordance with the provisions of these Measures. The standards for the collection of social maintenance fees shall be based on the annual per capita disposable income of local urban residents and the annual per capita net income of rural residents as the basic reference standards for the calculation and collection, and the amount to be levied shall be determined in combination with the actual income level of the parties and the circumstances of giving birth to children in accordance with the provisions of laws and regulations. The specific standards for the collection of social maintenance fees shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government.
No unit or individual may violate the provisions of laws and regulations by adding additional items related to family planning and raising the standard for the collection of social maintenance fees.
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Summary. Hello is not legal, having children without a marriage certificate is not a legal couple, just a common-law relationship. A person who has cohabited as husband and wife after 1 February 1994 and has not registered his marriage does not constitute a de facto marriage.
Is it legal to have children without a marriage certificate.
Hello is not legal, having children without doing a difficult marriage search certificate is not a legal couple, just a cohabitation relationship. A person who has cohabited as husband and wife after February 1, 1994 and has not registered his marriage does not constitute a de facto marriage.
Legal basis: Article 1049 of the Civil Code of Bi Nianxian 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.
Completion of the marriage registration of the repentance auction, that is, the marriage relationship of Gaoling is confirmed. Where marriage registration has not been completed, the registration shall be re-registered.
Only the child did not have a marriage certificate, the woman found that the man and the third party were reading together, and found the third party's visual laughter on the man's mobile phone, and then the woman posted ** on the Internet to return to the law?
If this situation affects their lives, it is illegal, and it is not recommended to publish it as such.
It has been released, does the third party have the right to sue the woman?
Yes, a certificate is required when prosecuting, that is, the evidence released by the other party can be prosecuted.
Does the third party have the right to sue the woman even if she is married?
Divorce or not
It is okay for a woman to take a man's mobile phone, this is not illegal, and a third party can sue if she is married, but at the same time, she will be held responsible.
Because it was posted on the Internet, the third party's husband and the third party divorced because of this, can the third party still pursue the woman if she is divorced now.
The third party can now be pursued for divorce, but the woman can also sue the other party for bigamy.
The woman and the man have no certificate and only have children, the woman wants to take the child away, how can the man compensate, the two do not have a certificate, can the woman sue the man because of the man's matter.
You can sue, and the alimony without a marriage certificate needs to be paid according to the normal standards, and the standards are as follows: 1. The amount of child support can be determined according to the actual needs of the children, the affordability of both parents and the actual living standard of the locality. 2. For those who have a fixed income, the child support allowance can generally be paid at the rate of 20% to 30% of the total monthly income.
The proportion of expenses for raising two or more children may be appropriately increased, but generally must not exceed 50 percent of the total monthly income. 3. If there is no fixed income, the amount of child support allowance may be determined based on the total income of the year or the average income of the same industry, with reference to the above proportion. If there are special circumstances, the above proportion may be appropriately increased or decreased.
It is called an illegitimate child, and it will be fined by the family planning department.
As long as you are born in China, the living person is a Chinese citizen and can get a hukou. With the birth certificate, the parents' household registration book and ID card can go through the relevant procedures at the place of household registration. Even if the parents are at fault, the child should not be responsible for this mistake.
Even if she doesn't have any documents, as long as the child is born to her, she has to raise it both morally and socially! That kind of relationship where blood is thicker than water does not change because of incomplete artificial documents!
You can do it with your ID card and household registration book directly at the Civil Affairs Bureau, my husband is from Anhui, I am from Xuzhou, Jiangsu, and we will do it in Xuzhou.
In your case, it cannot be regarded as a marriage relationship, because the failure to obtain a marriage certificate does not meet the substantive requirements for marriage, and there is no longer a de facto marriage after February 1, 1994, you can only be regarded as an illegal cohabitation relationship, so there is no need for divorce. However, the other party has the obligation to raise the child and can ask for child support.