Is it easy to get a divorce without a wedding only getting a license?

There are two ways to choose for divorce, one is that after the two parties have reached an agreement on the maintenance of children, the distribution of property, the disposal of creditor's rights and debts, etc., and signed a written divorce agreement, they should bring their household registration booklets, ID cards, their marriage certificates and the aforementioned divorce agreement to the marriage registration authority where one of the parties has permanent residence to solve the divorce registration procedures and obtain the divorce certificate.

On the other hand, if the negotiation fails or neither party is willing to negotiate, the party who resolutely divorces can file a lawsuit with the court of residence with the complaint, marriage certificate, ID card, household registration of minor children or medical certificate of birth, and other evidence such as housing certificate and vehicle registration certificate that can prove that the joint property of the husband and wife is subordinate to the husband and wife, and ask the court to rule on the divorce.

The court will conduct a court investigation on the basis of the husband and wife's marriage, their relationship after marriage, the reasons for divorce, the current state of the relationship between the husband and wife, and whether there is a possibility of reconciliation, so as to determine whether the relationship between the husband and wife can indeed be broken, and make a judgment in accordance with the law based on the relevant facts ascertained.

Since the other party does not approve of the divorce, if you are still determined to divorce, you can only file a lawsuit for divorce in court.

However, it needs to be reminded that if it is the first time to divorce by litigation, and the other party is determined not to leave, the court usually rules not to allow the divorce, in order to leave another chance for the two parties, hoping that through the efforts and communication of the two parties, especially the party who does not approve of the divorce, the relationship between the husband and wife can be improved, so that the marriage can continue to be maintained.

If one party is still determined to divorce after the six-month period after the court decides that the divorce is not allowed, he or she can sue again, and the court will basically rule on the divorce at that time.

Obtaining the certificate is a legal husband and wife, and the relationship between husband and wife has been established and has been protected by laws and regulations, which has nothing to do with whether you have a wedding or not.

If you want to divorce, you can bring your household registration booklet, ID card, and marriage certificate to the marriage registry office to go through the divorce procedures, if one party does not agree to the divorce, the marriage registry will not go through the divorce procedures, you can go to the people's court to sue for divorce.

As long as you have a marriage license. You can get a divorce. If there is no marriage certificate. Only weddings. I can't get married.

The solution to divorce without a wedding after obtaining the certificate is as follows:

1. After the two have just received their marriage, they are legal husband and wife, and they are protected by law, and if they want to divorce, they can only go through the divorce procedures, and they need to register for divorce procedures at the Civil Affairs Bureau, and there will be corresponding records.

2. The two have just received a marriage certificate, if you want to divorce, it is recommended that you sit down and communicate well, because you have just received a marriage certificate, and the two have not been together for a long time, so it is recommended that you run in for a while to see if you can overcome difficulties.

Legal basisArticle 1063 of the Civil Code of the People's Republic of China.

The following property is the personal property of one of the spouses:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

What is the process of suing for divorce.

1. The party who wants to divorce writes a complaint and files a divorce lawsuit with the court where the defendant is domiciled;

2. The court that meets the acceptance conditions will accept the case;

3. After acceptance, the court shall serve the complaint on the defendant, and the defendant shall submit a reply within 15 days from the date of receipt;

4. The court arranges pre-trial mediation;

5. If the mediation is successful, it will not be heard, and the court will arrange the mediation if it fails;

6. The court makes a judgment after the trial.

Those who have received a marriage certificate and have not held a wedding can be divorced by agreement or by litigation, and those who have not held a wedding and have received a marriage certificate do not affect the validity of the marriage. In the case of divorce by agreement, go to the marriage registration office to go through the divorce formalities; or if the people's court files a lawsuit for divorce and the people's court makes a judgment granting the divorce, the marriage relationship will be dissolved when the judgment takes effect.

Legal basis

Article 1079 of the Civil Code of the People's Republic of China.

Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

If a divorce is to be divorced without a license for a wedding after a rental stove, it shall be treated differently in two situations:

1. If the marriage was entered into before the implementation of the Regulations on the Administration of Marriage Registration on February 1, 1994, and both the man and the woman have met the substantive requirements for marriage, the de facto marriage is legal and protected by law, and the divorce procedure should be carried out in accordance with the normal divorce procedure.

2. If the marriage is concluded after the implementation of the "Regulations on the Administration of Marriage Registration" on February 1, 1994, and the marriage certificate is not obtained, the marriage relationship between the two parties is not protected by law, but belongs to the cohabitation relationship.

How to divide the property after marriage without a license?

1. If the cohabiting parties can reach an agreement on the division of the joint property, it shall be handled according to the agreement of both parties.

2. If the two parties cannot reach an agreement, the court shall divide it according to law.

3. When the court handles the matter, the common property accumulated by both parties shall, in principle, be divided equally. If it can be proved that there is a share, it will be divided according to the share. Each property shall belong to each of them.

4. The creditor's rights and debts formed by the parties during the period of cohabitation for living together are generally treated as the joint creditor's rights and debts of both parties.

5. The debts arising from the raising of common children are joint debts, and the debts arising from the raising of their respective children and the maintenance of their respective elderly persons are the personal debts of the obligation.

6. If one party suffers from a serious illness during the period of living together, the court may award him or her to divide the property more or give appropriate assistance to the other party.

Legal basis

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1).

Article 7. Where a man and a woman who have not completed marriage registration in accordance with Article 1049 of the Civil Code and live together in the name of husband and wife, and file a lawsuit for divorce, they shall be treated differently:

1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both a man and a woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage.

2) After the promulgation and implementation of the Ministry of Civil Affairs' "Nacha Marriage Registration Management Regulations" on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to reapply for marriage registration. Where marriage registration has not been completed, it is to be handled in accordance with article 3 of this interpretation.

1。It depends on the circumstances: First, if the marriage was held before the promulgation of the "Regulations on the Administration of Marriage Registration" and the marriage certificate was not obtained, it is a de facto marriage and has the legal effect of marriage.

Divorce may be administrative divorce or litigation divorce; Second, if the marriage is held after the promulgation of the "Regulations on the Administration of Marriage Registration" and the certificate is not obtained, it is a cohabitation relationship, and the marriage relationship is not established, and it is sufficient to separate on its own, and it does not involve divorce.

There is no such thing as divorce without a marriage certificate, and the parties do not have a marriage certificate and do not need to dissolve the marriage relationship through divorce.

The following materials are required for divorce from the Civil Affairs Bureau:

2. Marriage certificate: the original or copy of the marriage certificate is required for divorce;

3. ID card: both parties need to provide the original or copy of ID card for divorce;

4. Hukou book: both parties need to provide the original or copy of Hukou for divorce;

5. Other supporting materials: If there are children, they need to provide their birth certificates, maintenance agreements and other materials.

The process of filing for divorce is as follows:

2. Choose the appropriate divorce method: The husband and wife can choose to divorce by agreement or litigation. If the husband and wife can reach an agreement, they can choose to divorce by mutual agreement and go through the relevant formalities through a lawyer or notary public; If negotiation is not possible, you can choose to file a lawsuit for divorce and file a lawsuit with the local people's court.

3. Submit the application: According to the chosen divorce method, submit the relevant application materials to the lawyer, notary office or people's court, and pay the relevant fees. If you choose to file for divorce, you need to file a lawsuit with the court and submit the complaint and relevant evidence within the prescribed time limit.

4. Pre-trial mediation: The people's court will arrange pre-trial mediation, hoping that the husband and wife will reach a settlement agreement before the trial, so as to reduce the cost and time of litigation as much as possible.

5. Trial: If no agreement is reached in pre-trial mediation, the court will arrange a trial, and the husband and wife need to submit evidence, state facts and demands during the trial, and accept the court's trial.

To sum up, it is related to how to divorce without a license for a wedding, and I hope it can help you.

Legal basis

Article 1049 of the Civil Code of the People's Republic of China stipulates that 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 1078 of the Civil Code of the People's Republic of China.

If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposition, they shall register and issue a divorce certificate.

It depends:

First, if the marriage was held before the promulgation of the Regulations on the Administration of Marriage Registration and the certificate was not obtained, it is a de facto marriage and has the legal effect of marriage. Divorce may be administrative divorce or litigation divorce;

Second, if the marriage is held after the promulgation of the "Regulations on the Administration of Marriage Registration" and the certificate is not obtained, it is a cohabitation relationship, and the marriage relationship is not established, and it is sufficient to separate on its own, and it does not involve divorce.

Is it considered marriage if you don't get a license for a wedding?

Not counted. If it is determined according to the habits of our ancient people, a wedding ceremony is considered to be a marriage, but in today's society under the rule of law, only a wedding ceremony is held, but the marriage registration office of the Civil Affairs Bureau is not recognized by the laws of our country. Therefore, couples must remember to get a certificate after holding a wedding first!

The significance of marriage registration.

1. Regardless of whether the parties have held a wedding or not, and whether the parties live together or not, the relationship between them as husband and wife already exists, and in order to dissolve this relationship, it is necessary to perform divorce procedures. And once any dispute arises between them, the problem must be dealt with as husband and wife. 2. If there is no marriage registration formalities, even if both parties believe that they are husband and wife, including the wedding has been held, the two have lived together, and the property is shared, these are not recognized by the law, and of course, they cannot enjoy the protection of the relationship between husband and wife by the law.

How to divorce without a license for a banquet.

This phenomenon is called de facto marriage, which occurred before the promulgation of the Marriage Registration Measures in 1994, and unless both parties are willing to re-register the marriage, they can only sue for divorce in the people's court, and the court will generally conclude the divorce case within six months. A de facto marriage occurs after the promulgation and implementation of the Marriage Registration Measures, and there is no question of divorce, because the law does not recognize the existence of a marriage relationship at all, and you can leave at any time.

Article 1076 of the Civil Code [Divorce by Mutual Consent] Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Legal basis