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A de facto marriage refers to a marriage relationship in which a man and a woman without a spouse have not registered their marriage, that is, they live together in the name of husband and wife, and are also recognized by the public. Before the implementation of the "Marriage Registration Measures" on March 15, the year 2015, a man and a woman without a spouse lived together in the name of husband and wife without going through the marriage registration formalities, and the masses also believed that it was a husband and wife relationship, and at present, one party sued the people's court for "divorce", and if both parties met the legal requirements for marriage at the time of the lawsuit, it could be recognized as a de facto marriage. 2. After the implementation of the Measures for Marriage Registration and before the implementation of the Regulations on the Administration of Marriage Registration on January 31, 1994, both parties in the same household can be deemed to be in a de facto marriage if they meet the legal requirements for marriage; If one or both parties do not meet the legal requirements for marriage at the time of cohabitation, it shall be deemed to be an illegal cohabitation relationship.
3. Since February 1, 1994, if a man and a woman without a spouse live together in the name of husband and wife without marriage registration, their marriage relationship shall be null and void and shall not be protected by law. Where a lawsuit is brought to the people's court, it shall be handled as an illegal cohabitation relationship.
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The Marriage Law stipulates that both parties who have reached the age of 18 are obliged to obtain a marriage certificate from the People's Republic of China if they do not receive a marriage certificate.
That is, they belong to unmarried cohabitation and are not legally recognized couples.
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No, then what do you do
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It's not legal, but you should know if your boyfriend is legitimate?
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I don't know what to say. Take two points and go.
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This question is too naïve, isn't it?
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Of course not.
I suspect you didn't ask such a childish question when you were an adult.
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According to the Marriage Act.
If there is no marriage registration at the Civil Affairs Bureau in accordance with the law, then it does not constitute a legal husband and wife relationship. Although the two have been married for more than ten years and have also held banquets, they do not have a marriage certificate.
If you do not register with the Civil Affairs Bureau, you are not a legal husband and wife, and the marriage of two people is not protected by law, and the best way to deal with it is for two people to immediately go to the Civil Affairs Bureau to go through the marriage procedures.
Even though the parties may be living together as husband and wife, the latest marriage law has now abolished de facto marriages.
As long as the marriage is not registered, it is not considered a legal couple. In the old days, this may have been the case, because at that time the marriage only required the bride price to be given.
After the wedding, even if it is a husband and wife, many of them have not been registered with the Civil Affairs Bureau, and the management of this aspect is relatively lax, and now it is clearly required that both parties must apply for a marriage certificate, which can be regarded as a real marriage from a legal point of view.
If two people have not received a marriage certificate, but living together can only be regarded as cohabitation, not marriage, they must understand this concept clearly. If the relationship between two people is deep and has reached the point of getting married, and a banquet is also held, then the two people must immediately go to the Civil Affairs Bureau to complete the marriage procedures and receive the marriage certificate, which means that the two people are real legal husband and wife, and the household registration books of both parties will also change accordingly.
A marriage certificate is a valid legal document for the marriage registration authority to prove the marriage relationship, and it is generally in duplicate.
Both men and women hold a copy, there is a ** of both men and women, and it is also stamped with the special steel seal of the marriage registration authority, if the marriage certificate is lost, you can also apply to the Civil Affairs Bureau for reissuance, and the latest regulations do not need to pay the relevant cost of marriage, which means that the marriage is completely free, so in order to better prove the relationship between the two, you must get the marriage certificate in time.
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If you have been married for more than ten years without a marriage certificate, you are not considered a legal husband and wife. In the case of a legal couple, it refers to the receipt of a marriage certificate. The new marriage law stipulates that there is no de facto marriageLegal couples only recognize marriage certificates
Since two people choose to live together, getting a marriage certificate is a very simple matter, and they go directly to the Civil Affairs Bureau to get a marriage certificate with their ID card and household registration book, which is a legal couple.
The new marriage law only recognizes marriage certificates, mainly because of the avoidance of some bigamists. After some people get married, they do not choose to divorce and live with other members of the opposite sex outside, which is especially common. There are two reasons why they don't get a marriage certificate together, the first is that two people don't love each other.
The second is that one party is married and has not divorced, and there is no way to obtain a marriage certificate.
In our country, men can get a marriage certificate when they reach the age of 22 and women who reach the age of 20. If you are under the legal age to get married, you cannot obtain a marriage certificate. In the Marriage Law, the principle of mutual consent, the marriage certificate requires the voluntary consent of two people.
It is not mandatory to obtain a marriage certificate, and the marriage law protects the interests of each of us. We are in an era of freedom of marriage, there are no parental arranged marriages, and there are no marriages for sale. In the past, we fell in love after we got married, but now we fall in love first and get married later.
We are all adults, and if we live with one person and do not get a marriage license, we can only say that we are living together. Not considered a legal couple, cohabitation and legal husband and wife are just a marriage certificate. But a marriage license can protect our rights, I saw such a news before.
The nanny lived with the employer for 10 years and did not receive a marriage certificate. The employer did not divorce his ex-wife and gave the estate to the nanny. The court ruled that the employer was guilty of bigamy and that the nanny did not receive a share of the inheritance.
This story tells us that the advantage of a marriage license is that it can protect our property and can give us money. No divorce, no marriage certificate. In addition to living together, other possessions have nothing to do with us.
Becoming a legal couple is very simple, that is, to get a marriage certificate, and not to live with one person in a confused way.
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Personally, I think that it is a legal couple, as long as there are no problems during the marriage process, but if there are related problems in the marriage, involving other disputes such as economic disputes, there is no marriage certificate, and it is not considered a legal couple, because without a marriage certificate, the state does not recognize the relationship between husband and wife.
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It is not considered a legal husband and wife, and a legal husband and wife must be registered with the Civil Affairs Bureau.
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In such a situation, it is not a legal couple, and it is not recognized by law, and you should go to get a divorce certificate.
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Summary. Hello, glad to answer for you. <>
If your boyfriend has a wife but has not received a marriage certificate and has children in common, he can get a marriage certificate with you, and the other party has not registered the marriage, you can get married legally, there is no legal obstacle, and it is not illegal.
My boyfriend has a wife, but he doesn't get a marriage certificate and has children in common, can he get a marriage certificate with me?
Hello, I am very high to call Blind Hengxing to answer for you. <>
Your boyfriend has a wife but has not received a marriage certificate, and you can get a marriage certificate and do it with you, and the other party has not registered the marriage, you can get married legally, there is no legal obstacle, and it is not illegal.
Article 1046 of the Civil Code of the People's Republic of China provides that marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to coerce the other party, and it is forbidden for any organization or individual to interfere. Article 1047:The age of marriage shall not be earlier than 22 years 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.
Dear, can you describe the specific situation.
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Summary. The division of property during the period of cohabitation shall be treated as general common property. That is, during the period of cohabitation, both parties jointly obtain income and purchase real estate, regardless of the amount of capital contributed by both parties, both parties enjoy ownership equally and without shares, and the parties shall in principle divide equally when the cohabitation relationship is terminated.
I have been with my husband for more than ten years and have not received a marriage certificate, is it a legal couple?
Hello, I am a cooperative lawyer of LegalPro platform, and I am happy to serve you.
Not considered a legal couple.
Factual marriage is right.
Yes. But not a legal couple as it is said in the law.
Legal couples must have a marriage certificate.
What if you break up your property.
Our common property.
The division of property during the period of cohabitation shall be treated as general common property. That is, during the period of cohabitation, both parties jointly obtain income and purchase real estate, regardless of the amount of capital contributed by both parties, both parties enjoy ownership equally and without shares, and the parties shall in principle divide equally when the cohabitation relationship is terminated.
The division of property during the period of cohabitation shall be treated as general common property. That is, during the period of cohabitation, both parties jointly obtain income and purchase real estate, regardless of the amount of capital contributed by both parties, both parties enjoy ownership equally and without shares, and the parties shall in principle divide equally when the cohabitation relationship is terminated.
The division of property during the period of cohabitation shall be treated as general common property. That is, during the period of cohabitation, both parties jointly obtain income and purchase real estate, regardless of the amount of capital contributed by both parties, both parties enjoy ownership equally and without shares, and the parties shall in principle divide equally when the cohabitation relationship is terminated.
That is, from the date of cohabitation, the joint income property of two people, is it right?
Yes. When separated, it can be divided equally.
Thank you. You're welcome.
You're welcome.
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Those who have not obtained a marriage certificate are not considered legal couples. There is only one way to get married in our country, that is, to register marriage. All those who have not registered their marriage and received a marriage certificate are not considered married, and there is no marriage relationship between the two parties, so they are not considered husband and wife.
[Legal basis].
Article 1049 of the Civil Code provides that a man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Those who meet the requirements of this law shall be registered and issued a marriage certificate. The marriage relationship is established after the marriage is registered.
Where the marriage registration has not been completed, the registration shall be supplemented. 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.
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Legal Analysis: Couples who do not have a marriage certificate are not considered legal.
Legal basis: Civil Code of the People's Republic of China 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 completion of marriage registration means the establishment of a marriage relationship. If the marriage registration has not been completed, the registration shall be re-registered.
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