Is de facto marriage protected by law, divorced in 2013, but cohabited until May of this year.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Fa Shi 2001 No. 30).

Article 5: Where a man and a woman who have not completed marriage registration in accordance with article 8 of the Marriage Law and live together in the name of husband and wife, and file a lawsuit with the people's court for divorce, they shall be treated differently:

Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, where both the man and the woman had met the substantive requirements for marriage, it was to be handled as a de facto marriage;

After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both a man and a woman meet the substantive requirements for marriage, the people's court shall inform them to apply for marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

Therefore, if a man and a woman who have not registered their marriage in accordance with the provisions of Article 8 of the Marriage Law and live together in the name of husband and wife sue for divorce, it shall be handled in accordance with the above provisions.

With 1 February 1994 as the cut-off line, if the parties to a de facto marriage fail to register their marriage in a timely manner, they will be treated as cohabitation. At this time, it can also be said that Chinese law does not protect cohabitation relationships. But if it is registered, then it is protected by law.

If you don't want to reconcile, then move out and live by yourself, if you want to remarry, then think about letting him come back to you, usually gentle and considerate and live well with him.

After the divorce, they are still living together until now, which shows that there is still fate! Good place! Let's remarry! Get rid of your old bad habits! Be considerate and caring for each other! Let's discuss! Only by being honest with each other can we go on forever and not break up!

Legal analysis: Hengque now a man and a woman living together for three years cannot be recognized as a de facto marriage, since the implementation of the "Regulations on the Administration of Marriage Registration" in 1993, there is no such thing as a de facto marriage. Cohabitation for three years.

Even if they have lived together for 30 years, they are not legally married according to the current regulations. However, if you have made legal registration in time during the period of cohabitation, you will be legally married.

With regard to marriage registration organs, in urban areas, the people's civil affairs departments of cities without districts, and in rural areas, they are county-level people's civil affairs departments or township (town) people.

After carefully examining the application of the parties, the registration authority shall approve the registration and issue a marriage certificate to those who meet the legal requirements for marriage; Otherwise, no registration will be granted. If the parties do not agree with the decision of the registration authority, they have the right to submit it to the competent authority at the next higher level for resolution.

Legal basis: Article 1040 of the Civil Code of the People's Republic of China Article 6 Marriage shall be completely voluntary between the man and the woman, and neither party shall be allowed to force the other party, nor shall any organization or individual interfere with it. This is the concrete expression of the principle of freedom of marriage in the matter of marriage.

The requirement that both men and women are fully consensual means that both men and women are consensual and not wishful thinking; Men and women are voluntarily consented and not necessarily with the consent of parents or a third person; Both men and women are completely voluntary, not reluctantly consenting.

Summary. Not protected by law. After you and the other party divorced, they have been living together, which can only be counted as a cohabitation relationship, and cannot be handled according to the relationship between husband and wife, because the current law adopts a registration system for marriage relations, and if both men and women want to establish a marriage relationship, they must go through marriage registration procedures and obtain a marriage certificate, and if they do not receive a marriage certificate, they can only be counted as a cohabitation relationship. However, if a dispute arises over property and child support, the people's court will accept it.

Not protected by law. After you have not divorced the other party, you have been living together, which can only be counted as a cohabitation relationship, and cannot be handled according to the husband and wife relationship, because the current law adopts a registration system for marriage relations, and if a man and a woman want to establish a marriage relationship, they must go through marriage registration procedures and obtain a marriage certificate, and if they do not receive a marriage certificate, they can only be counted as a cohabitation relationship. However, where disputes arise over property and child support, the people's courts will accept them by paying for them.

Legal basis: Article 3 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family Stipulates that if a model person initiates a lawsuit and only requests the dissolution of the cohabitation relationship, the people's court will not accept it; where it has already been accepted, a ruling is made to reject the lawsuit. Where parties initiate litigation due to disputes over the division or division of property during the period of cohabitation or the maintenance of children, the people's court shall accept it.

1. De facto marriage refers to a man and a woman who have no spouse and live together as husband and wife without marriage registration, and the masses also consider it to be the union of the sexes in the relationship between husband and wife.

2. Before February 1, 1994, if a man and a woman have met and met the legal requirements for marriage as stipulated in the Marriage Law and are living together as husband and wife, they may still be recognized as a de facto marriage and enjoy the protection of the law even though they have not completed the marriage registration;

3. For example, after February 1, 1994, regardless of whether the man and woman meet the legal conditions for marriage, whether they have a wedding wine, etc., as long as the marriage has not been registered in accordance with the law, it will not be recognized or recognized as a "de facto marriage". (If the marriage has been registered and cohabitation with another person in the name of husband and wife, it may constitute the crime of bigamy).

4. From now on, those who have cohabited for 15 years (i.e., cohabitation since 1997) can no longer be recognized as a "de facto marriage" and are not protected by law;

5. It is recommended that you find a way to go through the marriage registration procedures!

It can be recognized as a de facto marriage before February 1, 1994, and after 94 years, it will be treated as a common-law relationship. If the cohabitation property agreement is disposed of, and the agreement is not reached, the court may take care of the innocent party, and the children born in the cohabitation enjoy the same rights as legitimate children.

After the promulgation of the "Regulations on the Administration of Marriage Registration" in 94, the recognition of de facto marriages was abolished. Your time should be after this time. So the law does not protect!

The following elements are required for a de facto marriage to be constituted:

(i) The act of cohabitation (i.e. the continuous and stable cohabitation of a man and a woman) began before 1 February 1994;

(2) The cohabitation is carried out in the name of husband and wife;

3. The cohabiting parties had met the substantive requirements for marriage at the time of cohabitation before 1994.

The so-called substantive requirements for marriage are the conditions that must be met by both men and women to establish a relationship between husband and wife, including: 1. Both parties have reached the legal age of marriage (22 for men and 20 for women); 2. Both parties are willing to marry; 3. Neither party has a spouse and does not belong to the direct blood relatives or collateral blood relatives within three generations; 4. Do not suffer from any disease that is medically considered unsuitable for marriage.

The parties to a de facto marriage have not completed 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.

Now there seems to be no such thing as de facto marriage in our country.

Divorced cohabitation is not a de facto marriage, and the law of our country does not recognize de facto marriages, although you originally thought of a fake divorce, but it is legally recognized.

However, the joint property of living together is protected, but in this case it is not called joint property of husband and wife, but joint property.

This kind of marriage is considered a de facto marriage, but after the revision of the Marriage Law, it is no longer recognized as a de facto marriage, so this kind of cohabitation relationship is not protected by the law, and there is no joint property, and the personal property belongs to each of them.

In the relationship of law and law, you.

We have nothing to do with the law now

If the law recognizes that your current relationship is a marriage relationship, then do you have to pay a fine? In terms of property, the name of the person who writes the name of the thing now belongs to whoever owns it, and there is no such thing as joint ownership.

Without a marriage certificate, you are not husband and wife, as long as the husband and wife do not have a legal certificate, there is no basis, it can only be called cohabitation, because you are not husband and wife, so after you divorce and before marriage, they are all personal property, no personal property.

It doesn't belong. It is a common-law relationship. Property acquired after divorce is owned by each individual.

De facto marriages are now not recognized.

Lawyer Song Jianhai.

Woman, if you insist on this, I have nothing to say.

After the divorce ......You're not his wife at all legally.

It's just the child's mother, and any of his possessions have nothing to do with you.

Do you understand?

The absence of remarriage means that you can only be in a common-law relationship and there is no joint property.

Is cohabitation for one year after divorce a de facto marriage? After the divorce, they live together for one year and form a de facto marriage.