Legal marriage de facto marriage not living in common, bigamy

Legal marriage de facto marriage not living in common, bigamyCohabitation is only a superficial phenomenon, and if it seems to outsiders that it is a husband and wife, it constitutes a de facto marriage, but according to the case of non-cohabitation, it is difficult for others to believe that it is a de facto marriage. What documents does a bigamist party need to sue for divorce from his or her former spouse?

Marriage certificates, identification documents, divorce agreements, involving property, child support, etc. What should be done if a bigamist sues for divorce from his or her former spouse and the former spouse is unwilling to divorce? If a bigamy party sues for divorce from his or her former spouse and is accused of bigamy, the issue of bigamy shall be dealt with first.

After a criminal trial, the bigamist is given a criminal sanction and the illegal bigamy relationship is dissolved. Where the bigamy party still insists on divorcing the original spouse, the people's court shall make a comprehensive analysis of the basis of the marriage, the feelings after marriage, the reasons for the divorce, the current state of the relationship between the husband and wife, and whether there is a possibility of reconciliation, to determine whether the relationship between the husband and wife has truly broken down. If the relationship between the husband and wife has not broken down and the former spouse insists on not leaving, emphasis may be placed on mediation and reconciliation or divorce may not be allowed.

If the relationship between the husband and wife has indeed broken down and there is no possibility of reconciliation, the divorce shall be granted through mediation or judgment on the basis of doing a good job of the ideological work of the former spouse.

Anything that is commensurate with each other as husband and wife, and who has been in and out at the same time for a long time, is enough to make neighbors and others think that you are husband and wife, that is bigamy.

Legal analysis: Illegal cohabitation refers to the cohabitation of a man and a woman in the name of husband and wife without going through the marriage registration formalities, and the masses also consider it to be a kind of cohabitation between husband and wife.

Bigamy refers to the act of marrying another person with a spouse or marrying another person knowing that he or she has a spouse.

Whether it is bigamy or cohabitation, it is a violation of the Civil Code, but there is an essential difference between the two.

Legal basis: Article 258 of the Criminal Law of the People's Republic of China: Whoever has a spouse and marries him, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

Bigamy refers to the repentance of two situations: 1. If one or both parties are spouses, the marriage is registered with the other party; 2. One or both spouses shall live and live together continuously and stably in the name of husband and wife.

Cohabitation refers to the continuous and stable cohabitation of a man and a woman who are not legally married.

In short, legal issues are highly specialized, and I can only tell you a rough idea here. Don't rely too much on the web, because web consulting can never really solve your problem. You'd better find a local lawyer to consult in person, which is also the responsibility of the hail to yourself.

Legally, bigamy and cohabitation are two different concepts, and of course the specific composition is also different. So what is the difference between bigamy and cohabitation? Cohabitation is not the same as bigamy.

Cohabitation of a spouse with another person refers to a person with a spouse living together with a person of the opposite sex outside of marriage who does not continue to live together in the name of husband and wife. Commonly known as cake dwelling. The prohibition of cohabitation with another person by a spouse is a new prohibition added by the amended Marriage Act to safeguard the principle of monogamy.

In applying this prohibition, attention should be paid to the following issues: 1. The difference between cohabitation and bigamy between a spouse and another person. Bigamy means living together in the name of husband and wife, while cohabitation of a spouse with another person is not living together in the name of husband and wife.

2. Cohabitation with another person who has a spouse is distinguished from those acts of adultery and extramarital affairs that should be regulated by moral norms. Adultery is the act of secretly and voluntarily having sexual relations between a man and a woman who have a spouse on both parties. An extramarital affair is a general term in which a married person has an affair with someone other than his or her spouse.

Adultery and extramarital affairs are all acts that go against socialist morality and are generally regulated by moral norms. However, cohabitation with another person by a spouse is an illegal act prohibited by the Marriage Law, and the perpetrator must bear the corresponding legal responsibility. Article 3 of the Marriage Law stipulates:

Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person.

Bigamy means that a married person marries a third person again or cohabits in the name of husband and wife, and cohabitation refers to living together without marriage, so cohabitation and bigamy are communicative.

Cohabitation is a de facto relationship, not a legal relationship, bigamy is a crime, and the crime of bigamy is the start of another marital relationship when there is a marriage, including those who have obtained a certificate and those who have not obtained a certificate but have a de facto marital situation, and cohabitation with others within the marital relationship, if it is in the name of husband and wife and is recognized by the people around it, it can also be recognized as bigamy

For ordinary extramarital cohabitation, it does not constitute bigamy. However, if one of the spouses cohabits with a third person in the name of husband and wife, it may constitute the crime of bigamy under the criminal law, and it is necessary to bear the corresponding criminal responsibility. There is a statute of limitations for criminal offenses, so how long does it take for cohabitation outside of marriage to sue for bigamy?

If a party wants to sue for bigamy, it needs to be filed within the statute of limitations for the crime of bigamy. On the question of how long the prosecution period for the crime of bigamy, Article 87 of the Criminal Law stipulates that if the maximum penalty is less than five years, no prosecution shall be resumed after five years, and Article 258 of the Criminal Law: The statutory maximum penalty for the crime of bigamy is two years, so the statute of limitations for the crime of bigamy is five years.

It should also be pointed out that in determining the statute of limitations for the crime of bigamy, attention should be paid to the provisions of Article 89: the time limit for prosecution shall be calculated from the date of the crime; Where the criminal conduct is continuous or continuous, it is calculated from the date on which the criminal conduct ends.

The law stipulates: Article 87 of the Criminal Law of the People's Republic of China: Where the following period of time has passed, the crime will not be prosecuted: (1) where the statutory maximum penalty is less than 5 years imprisonment, 5 years have passed; (2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have elapsed; (3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have elapsed; (4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed.

If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.

Whether it is a crime of bigamy depends on the facts of the case. Generally, it is suspected of bigamy if they live together in the name of husband and wife for more than half a year.

The crime of bigamy refers to the act of marrying another person while having a spouse or marrying another person knowing that he or she has a spouse. The so-called spouse refers to a person who has a wife and a woman has a husband, and the relationship between husband and wife is still existing without legal procedures. If the relationship has been dissolved, or if the relationship has disappeared naturally due to the death of one of the spouses, i.e. it is no longer a person who has a spouse.

The so-called "marrying another person knowing that he or she has a spouse" refers to deliberately marrying another person (including a registered marriage or a de facto marriage) even though he or she does not have a spouse, but knows that the other person has a spouse. Such an act is an act of intentional destruction of another person's marriage.

Article 258 of the Criminal Law of the People's Republic of China [Crime of bigamy] Whoever has a spouse and marries another person, or clearly knows that another person has a spouse and marries him, shall be sentenced to up to two years imprisonment or short-term detention.

Cohabitation refers to the temporary residence of two people who love each other, and is now generally used between people of the opposite sex. Cohabitation is different from marriage, marriage is a husband and wife relationship that has been recognized by law, and the relationship cannot be dissolved casually but must go through certain legal procedures; Cohabitation, on the other hand, is an act that is not recognized by law, and the relationship can be terminated at any time at the will of the parties. Neither party to cohabitation has any legal security.

The crime of bigamy refers to the act of marrying another person while having a spouse or marrying another person knowing that he or she has a spouse. The so-called spouse refers to a person who has a wife and a woman has a husband, and the relationship between husband and wife is still existing without legal procedures.

If a spouse cohabits with another person in the name of husband and wife, it constitutes bigamy, which is a crime, but cohabitation is not a crime.