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I think the court should not accept it, because your IOU has no legal effect. What can you do if the woman insists that there is no arrears between you? Unless you have a transfer history or a backup on your phone.
I suggest that this kind of thing is better not to alarm the police first, first find the other two people to sit down and discuss, have a good exchange, has it reached the level of enemies? After all, they have been living together for five years, and it is not easy for two people to be together. But if you and the woman do not have a marriage license, then you and her are just ordinary boyfriend and girlfriend relationships, and the series of contracts you signed have not taken effect.
So I hope you still think twice and don't make a decision too hastily.
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Hello, if you don't get a marriage certificate in this case, if you don't file a case and get a marriage certificate, it will be a marriage problem.
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This is okay, as long as there is evidence, it is okay.
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I think the court should not accept it, your IOU should not have legal effect, if the woman insists that there is no arrears between you, what evidence is there? Unless you have a transfer history or a backup of your loans.
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7 This kind of thing is better not to alarm the police first, first go to find the other party, and then talk about it after the two sides communicate. After all, you have been living together for 5 years, and you are a husband and wife for 100 days.
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If you don't have a marriage license, you and the woman support the boyfriend and girlfriend relationship. A series of contracts that you have signed. None of them took effect. So. Now the woman is holding all the contracts and agreements. You don't have the right to write it down, thank you, I hope it can help you.
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I don't have any legal issues with cohabitation before and after marriage. But being a person should be responsible for the other party.
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There is no time limit for cohabitation with a married woman, as long as the man and woman who constitute a de facto marriage have public conjugal status. That is, they live together in the name of husband and wife, and they are recognized by the surrounding people. constitutes the crime of bigamy.
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. Failure to obtain a marriage certificate does not count as bigamy, unless it constitutes a de facto marriage recognized by law.
de facto marriage: 1. A man and a woman in a de facto marriage should have no spouse, and if there is a spouse, it becomes de facto bigamy.
De facto bigamy: refers to the fact that the previous marriage has not been dissolved, and the person lives together in the name of husband and wife, but the marriage registration formalities have not been completed. As long as the parties openly live together in the name of husband and wife, even if the marriage is not registered, it constitutes bigamy.
2. The parties to a de facto marriage have the purpose of marriage and the form of living together. Whether a man and a woman treat each other as spouses is an important difference in content between de facto marriages and other non-marital relationships. Because, all illegal sexual acts have no purpose for marriage and no form of living together.
3. A man and a woman in a de facto marriage have an open identity as husband and wife. That is, they live together in the name of husband and wife, and they are recognized by the surrounding people. In other words, not only should there be the whole content of conjugal life on the inside, but also on the outside there should be a socially recognized conjugal identity.
This is an important formal distinction between de facto marriages and other non-marital relationships. All illegal sexual relations and acts do not have the name of husband and wife, and the masses will not recognize them as husband and wife.
4. The parties to the de facto marriage have not fulfilled the marriage registration formalities. There are no statutory requirements for marriage registration, which is the main sign of the difference between a de facto marriage and a legal marriage. In China, regardless of whether the parties have held a marriage ceremony or not, and those who have not registered their marriage, are not legally married.
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The woman is not divorced and is cohabiting with a man who is not her husband. If the husband requests a divorce from the wife, he may request the wife to pay compensation to the husband in accordance with article 46 of the Marriage Act. According to Article 46 and Article 46 of the Marriage Law, one of the following circumstances occurs:
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In marriage, the woman cohabits with others, this is the crime of bigamy, which runs counter to the traditional morality of the Chinese nation, and should be condemned, but there must be evidence, there is no evidence, there is no evidence, if there is evidence that the woman is going to suffer losses in the division of property, the court will let the injured party get economic benefits, if the man knows that the woman has a marriage and cohabits with him is also the crime of bigamy, the key is evidence. Good luck hope to adopt.
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A person who has a spouse cohabits with another person in the name of husband and wife, or who clearly knows that another person has a spouse and lives with him in the name of husband and wife, shall still be convicted and punished as the crime of bigamy.
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In this case, if it is determined that the two people want to leave, it is best to get conclusive evidence and go through legal procedures.
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The reply of the Supreme People's Court on whether bigamy cases of illegal cohabitation in the name of husband and wife that occurred after the implementation of the Regulations on the Administration of Marriage Registration (Fa Fu [1994] No. 10) are convicted and punished as follows: After the promulgation and implementation of the new Regulations on the Administration of Marriage Registration (promulgated by the Ministry of Civil Affairs on February 1, 1994), a person with a spouse who cohabits with another person in the name of husband and wife, or who clearly knows that another person has a spouse and lives with him in the name of husband and wife, shall still be convicted and punished as the crime of bigamy. The interpretation only requires that there be "cohabitation in the name of husband and wife", and whether the cohabitation is a "de facto marriage" recognized by law does not prevent the crime of bigamy from being constituted. Does "in the name of husband and wife" require that both men and women be addressed as "husband" and "wife"?
In practice, many parties to bigamy cases do not regard each other as husband and wife at all, but live together in the name of relatives, friends, secretaries or even nannies, in an attempt to evade legal sanctions. Therefore, it is generally believed that "in the name of husband and wife" cannot be grasped only from the mutual pronouns of the parties, which is only a minor aspect. The key is to analyze and judge from the objective behavior of both parties.
Specifically, it depends on whether the parties eat and live together, whether they work and produce together, whether they live together, how long they live together, whether they have children, whether they have similar acts of support and support between husband and wife, and whether they fulfill other obligations between husband and wife. If there are any of the above-mentioned acts, even if the parties do not address each other as "husband" and "wife", it is sufficient to find that they are living together as husband and wife. 3. Several circumstances constituting the crime of bigamy a. Registering a marriage with a spouse and registering a marriage with another person and bigamy; b. Registering a marriage with a former spouse and living together with another person in the name of husband and wife; c. Married to neither the spouse nor others, but the spouse and others have cohabited successively or at the same time in the name of husband and wife; d. Living together with the original spouse without registration and living together in the name of husband and wife, and later marrying another person; e. There is no spouse, but knowing that the other party has a spouse and is registered for marriage or living together in the name of husband and wife.
I don't know what you need to know about it, I hope it helps.
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What does it mean to pay a catch-up fee? Is it a compensation fee? Cohabitation without divorce is a crime of bigamy and is punishable.
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can't talk nonsense, if the woman is already married and living with another man, this is illegal, so we have to find evidence to solve the problem.
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It depends on whether it is a man or a woman, a woman is not breaking the law, a man is breaking the law, the marriage law prohibits it, and if it is found that there is bigamy, it will also be sentenced, the specific provisions are as follows:
Marriage Law of the People's Republic of China
Article 3: Arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to solicit money or property under the pretext of marriage.
Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.
Criminal Law of the People's Republic of China
Article 258:Whoever has a spouse and marries another person, or clearly knows that another person has a spouse and marries him, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.
Extended information: If cohabitation with someone else during marriage leads to divorce, the innocent party can claim compensation, specifically stipulating:
Marriage Law of the People's Republic of China
Article 46: In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:
1) bigamy;
2) A person who has a spouse cohabits with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members.
Cohabitation with someone else within marriage is also the basis for the court to decide whether a divorce can be obtained in a divorce lawsuit
Marriage Law of the People's Republic of China
Article 32: Where a man and a woman request a divorce, the relevant departments 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 should be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation of a person with a spouse;
2) Committing domestic violence or abusing or abandoning family members;
3) Those who have bad habits such as gambling and drug abuse that they do not change;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
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It's not illegal, but you're morally okay with it. Won't your heart hurt?
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It's not illegal because she doesn't have a license.
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If it is all voluntary, there is no problem legally, but it is morally and ethically untenable.
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It shouldn't be illegal, you can check it yourself.
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It can only be said that there is no ethics at all, just like animals. Not quite.
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