If you are not married, but you are a husband and wife, and if you want to divorce, how can a woman

If you want to divorce, you can reach an agreement and divide the property and child support. If they do not agree, they can file a lawsuit with the people's court, because it is a de facto marriage, and the people's court can make a judgment according to the actual situation, and the rights and interests of women and children will be protected.

You can go to court to appeal and ask the court to protect your rights and interests within the framework of the law. There are no normal marriage formalities, and now that you are in an actual marriage, the court will give you a normal way to defend your rights.

You have both lived together for 25 years, how can you not apply for a marriage license? Your situation should belong to a de facto marriage, and comparing the two children is ironclad evidence! Why did your husband get divorced?

1. The cut-off point for the determination of a de facto marriage is February 1994, and those who lived together before this date may be recognized as a de facto marriage, and those who have lived together thereafter may be recognized as a cohabitation relationship.

2. The Civil Code came into effect and repealed the Marriage Law, but the 1989 Opinions of the Supreme People's Court on the Trial of Cases of Cohabitation in the Name of Husband and Wife by the People's Court without Marriage Registration is still in force.

It is recommended that you check with your local civil affairs bureau to check the relevant laws.

Although a de facto marriage does not have a marriage certificate, it is the same as a marriage, and you can apply for property preservation, according to the division of the property of both parties, and spend an indistinguishable valuation of two people and one half, and if you are not satisfied, you can arbitrate or sue.

Not married. It can also be called a husband and wife relationship, but. If you are not married, what is the divorce?

They are not legally recognized as husband and wife. Since you are not married, there is no need to divorce a woman, you can pack your bags if you want to protect your rights and interests. Just move out and live the life you want.

Hello, I'm very happy with your question, your problem is that you and your husband are not married, but they have been together for more than 20 years and have a son and a daughter.

Now that your husband says that he wants to divorce, how can you protect your rights and interests in a situation like yours?

There is no such thing as a de facto marriage in law.

But you and your current man have been living together for so many years, and both have children.

But you are still not legally recognized as husband and wife.

So just dissolve the cohabitation relationship.

Because you don't have a marriage certificate.

That is to say, the man only needs to move out, or the woman only needs to move out to live.

The division of your property can only be resolved by negotiation.

Women need to have the wisdom of tolerance.

The answer above is on the legal level, but I would like to say, shouldn't marriage naturally consider supporting each other first? Why do you say how to protect your rights and interests as soon as you come up? If I had thought so from the beginning, I don't think such a marriage would have been necessary.

Therefore, if there is a problem in our marriage, then we should first think about what went wrong and whether there is any way to make up for it.

As the saying goes: try to fix something when it breaks, rather than thinking about how to get a refund and replace it.

I wish you a happy marriage.

You can consult a lawyer for specific questions.

1. Preparatory stage: before marriage.

Marital property agreement. Husband and wife may agree that property acquired during the marriage and property acquired before marriage shall be separately or jointly owned or partly separately and partly jointly owned. This method can guarantee the independence of property between the husband and wife, and is more commonly used by remarried couples or couples whose economic status is too different.

However, there are certain requirements and risks in the application of this method. First of all, the marital property agreement between the husband and wife must be in written form, and if there is no agreement or the agreement is not clear, it will be deemed to be no agreement, and the property during the existence of the husband and wife relationship shall be jointly owned.

Secondly, it is difficult to control the risk of joint debts, although there is a marital property agreement between husband and wife, and the personal debts of the husband or wife after marriage should be borne by the individual, if the creditor is a bona fide third party and does not know the agreement between the husband and wife, the creditor still has the right to demand the other party to pay off the debt, but in this case the other party has the right to recover from the actual debtor. However, the specific situation in real life still needs to be analyzed.

Second, the business stage: marriage.

Marriage is sacred, husband and wife should be honest with each other, if you calculate every day, the marriage will not be happy, at this time women just need to manage their marriage well. At this time, the wife should not calculate too much, but at least be clear about the family's income and expenditure, know the flow of her husband's funds but do not interfere, just understand, and try to be a "stupid woman".

The advantage of knowing where the money is going is that it can prevent problems before they occur, so that the other party will not maliciously and secretly transfer property during the divorce or fail to enforce it after the divorce. In many traditional families, women tend to focus on the family in the marriage relationship, and do not pay much attention to the husband's struggle outside the home, and when facing the breakdown of the marriage, they are helpless, and they do not even know the amount of family property, which eventually leads to personal tragedy.

3. Relief stage: divorce.

Generally, divorce can be divided into two ways, divorce by agreement and divorce by litigation. Divorce by agreement generally does not have any disputes, only litigation divorce disputes. In order to protect your rights and interests in the marital relationship, you should also understand how divorce is going on.

Make a property notarization before marriage, don't give everything after marriage, stay reasonable, love yourself first and then your partner, and learn to be reserved.

Sign the marital property agreement and the marital fidelity agreement; Knowing the flow of funds on a daily basis can prevent problems before they occur; Women still need to be self-reliant when they get married.

Sign an agreement with your husband on various issues before marriage. Even if a woman is married, she must remain financially independent and not rely too much on each other, so as not to be at a disadvantage.

Put your own safety and rights and interests first, and get all the economic property that originally belonged to you into your own name, so as to achieve economic independence.

I think women must be financially independent in marriage, have their own economy, don't compromise and be brave, don't give up what belongs to each other, keep an eye on it, and leave a way back.

After a woman gets married, she should also protect her ID card and other documents to prevent your husband from taking your ID card to get a loan. And if you buy a house together, you must write the names of both parties, not just the man's or the man's parents.

First of all, make a property certificate before marriage to protect the assets you had before marriage. Secondly, plan your funds reasonably after marriage, and don't pay for it alone. In addition, if he acts violently, he will call the police in time.

Things that belong to you, such as bank cards or something, must be kept by yourself, and you must not bear to be bullied, so you must ask your family or relevant departments for help.

I think that if you want to protect the interests of women in marriage, you must grasp the economic strength, keep the money in your own name, and protect the basic life of yourself and your children when you are bullied.

If a woman wants to protect her rights and interests in her marital relationship in marriage, she must first learn to read the law well, so that she can protect her rights and interests in the marital relationship through the law.

It doesn't matter much if you give a marriage certificate.

Just a divorce lawsuit is fine.

But the judge will coordinate it for you in advance.

Thinking and doing are two different things, and this has nothing to do with whether the marriage certificate is in your own hands! The key is to have the consent of both husband and wife and go to the Civil Certification Bureau in person to handle it, if one party does not arrive or does not agree, then you can also go through the legal process, and unilaterally apply to the court to handle the separation two years later, you can get a divorce!

If you want to divorce if you don't have a good relationship, please think about it carefully, if you think about it.

The first is to consult with your husband to discuss distribution.

If your husband doesn't agree, you can apply for legal aid, or emotional journalist help.

If you don't have a marriage certificate, then you can sue!

The husband and wife are not in harmony, the woman asks for a divorce, but the marriage certificate is not in her hands, in fact, if you want to divorce, even if you have a marriage certificate, the man does not agree that he will not be able to divorce, so the focus is not on the marriage certificate, if you have made up your mind to divorce, the first thing is to discuss with your husband how to leave, such as property, such as child support, as long as he agrees, you can go through the procedures very simply, if your husband does not agree, you can also shop the court to sue, but it will take a long time, What you need to do now is to negotiate with your husband.

1. If the cohabitation commenced before February 1, 1994, it may be recognized as a de facto marriage. You can go to court to sue for divorce, you don't need a marriage certificate, and you can provide relevant evidence (evidence can be from, for example, when was the first child born?). Consideration should be given to the testimony of the insider, the certificate of the neighborhood committee or the village committee, etc., and try to collect as many as possible) to prove that they started living together before February 1, 1994.

2. If cohabitation commences after February 1, 1994, the de facto marriage is not legally recognized and can only be regarded as a cohabitation relationship. 1. If there is no child under the age of 18 to raise, and there is no property dispute, it does not matter if you go to the court to sue to dissolve the cohabitation relationship, you can just break up and leave.

2. If there is a child under the age of 18 to raise, or there is a property dispute, then you can go to the court to sue to dissolve the cohabitation relationship, and at the same time ask the court to decide who the child belongs to and how to divide the property, which is the same as suing for divorce (except that the complaint does not write divorce, but writes the dissolution of cohabitation, so there is no need for a marriage certificate).

If you don't know it well, it is recommended to appoint a local lawyer to handle it.

Take the household registration book to the court where the other party is located to file a lawsuit.

Specifically, you can refer to the following legal opinions: 1. There are two ways to divorce through negotiation and litigation, if it is a divorce by agreement, after negotiation, both parties can go through the divorce formalities with the original marriage registration authority or the civil affairs department of the place of household registration of either party with the divorce agreement, marriage certificate and ID card of both parties and obtain the divorce certificate;

If the negotiation fails, you can only sue. The lawsuit must be filed in the court where the defendant is registered or where the defendant has resided for more than one year.

3. If both parties agree, you can handle the expedited ruling, which can be done in about a few days.

4. In terms of custody, in accordance with the principle that the maintenance of the parent is beneficial to the growth of the child, the court will comprehensively consider the child's current living status, the work income and moral aspects of both husband and wife, and whether the child has been raised by one of the parents when determining the custody to judge.

Children under the age of 2 are generally given to the mother, and children over the age of 10 are given the opinion of the child. If there are two children, one child is raised by one person as a general rule.

The parent who does not have a child should pay child support, which is generally 20-30% of the income of the parent who is not raising the child. Child support includes living expenses, education expenses, medical expenses, etc. The specific maintenance fee is determined based on the local standard of living and the actual living expenses of the child.

5. The property acquired during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, generally one and a half, and the joint property of the husband and wife is divided in accordance with the principle of equality between men and women, protection of the legitimate rights and interests of women and children, and consideration of the innocent party.

6.According to the law, when there is domestic violence, when the injured party divorces, he can request compensation from the domestic violence party, including compensation for material and moral damages, and take appropriate care of the injured party in the division of property!

Some things are love and law, it depends on you, if you really think about the future, just put the money thing first, if you still love him you put the money thing again, if you love your baby, you will put the money thing again, people's life is only peace, peace and security, health, health is the greatest happiness, the rest are outside the body, the end of all of us is the same, think about it, think about it. I wish you happiness and a lifetime of happiness for the rest of your life.

The 100,000 yuan and gold and silver jewelry do not have any proof that they are yours and cannot be protected by law. If you want a divorce, you need to collect 100,000 yuan and gold and silver jewelry is your proof. Alas, it's hard.

The right to divide the joint property owned by the husband and wife during the marriage (in which case to bear the joint debts) and to fight for custody of the child, given the child's infancy, the court will support this claim.

Scope of common property.

Article 17 of the Marriage Law stipulates the scope of property that should be jointly owned by the husband and wife during the existence of the marital relationship, that is, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses refer to the wages and bonus income of one or both parties during the existence of the marital relationship, as well as various welfare policy income and subsidies; (2) The income from production and operation refers to the income from production and operation of one or both spouses during the existence of the relationship between husband and wife; (3) The income from intellectual property rights refers to the income from intellectual property rights owned by one or both spouses during the existence of the marital relationship; (4) Property obtained by inheritance or gift refers to the property acquired by one or both parties as a result of inheritance and acceptance of gifts during the existence of the marital relationship. In the case of inheritance income, it refers to the acquisition of property rights, not the actual possession of property.

Even if the marriage is not actually in possession before the termination of the marital relationship, as long as the inheritance occurs during the existence of the marital relationship, the inherited property is also the joint property of the husband and wife, except as provided for in paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned. Article 18 stipulates the scope of property that should be the property of one of the spouses. That is, in any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties; (2) Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury; (3) property that is determined in the will or gift contract to belong to only one of the husband or wife; (4) Daily necessities for one party; (5) Other property that shall belong to one party.