What should I do if I have been applying for a marriage certificate for ten years but have no de fac

If you want to remarry, you must first file a divorce lawsuit in court, and under normal circumstances, you can decide a divorce after two years of disappearance. You've been here for 10 years, so you'll be fine. You must divorce first before getting married, and you can't try to save trouble. Now I don't pay attention to de facto marriages, just look at legal marriages.

You can get a divorce, your husband has not been heard from for ten years, and you can apply to the court for a divorce appeal. So that you can remarry, you can't help it.

Of course, you can remarry, but you have to get a divorce first.

Yes, you can file for divorce in two years. If the person hasn't shown up yet, you can report it to the local police station, or be declared dead without being careful.

You can apply to the court for divorce first, and after two years of separation, you can unilaterally apply for divorce to the court, and you can remarry after receiving the divorce certificate.

As long as you have been separated for more than 2 years, you can unilaterally apply for annulment of your marriage, after which you can consider remarrying.

Divorce first, then get married, apply to the court, and after verifying the situation, you will be sentenced to divorce.

This is going to the local police station or the Civil Affairs Bureau to consult, after so long, you should be able to handle a divorce, and then you can remarry!

Of course you can, sue for divorce.

You can go to the court to apply for a divorce, and if there is no news, the divorce should be granted.

File for divorce first and then get married, otherwise it is bigamy.

You must get a divorce, after all, you have been separated for so many years, and you can bring it up unilaterally.

Remarriage should also go through the divorce procedures first, and the missing person can also be reported first.

You can only get a divorce certificate before you can get married again.

Not living together for two years can be considered an automatic divorce, as long as you go to the court and apply for it.

Report a missing person to the police station, and when the time comes, it will automatically be counted as dead.

It is necessary to get divorced before getting married

Consult first to handle the divorce, otherwise it is the crime of bigamy

Legal Analysis: China no longer recognizes de facto marriages. Marriages that have not been registered in accordance with the law are not protected by law.

Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman had already met the substantive requirements for marriage, it was to be handled as a de facto marriage. If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

Legal basis: Article 1049 of the Civil Code of the People's Republic of China 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.

Whether a marriage that has been married for 20 years without a marriage certificate is a de facto marriage depends on the circumstances. If the cohabitation occurred before February 1, 1994, and the parties are living in the name of husband and wife, then the condition of de facto marriage is satisfied, and the marriage registration needs to be completed at the Civil Affairs Bureau, and a marriage certificate will be issued if the conditions are met.

If it occurs after February 1, 1994, China does not recognize the de facto marriage, and the relationship between the two parties is treated as a cohabitation relationship.

Legal basis] Article 1049 of the Civil Code stipulates that both men and women who wish to marry shall apply in person to the marriage registration authority for a marriage registration banquet. 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.

Sakura, who has not completed the marriage registration of the spine rush, shall re-register.

As a rule, a man and a woman are in a cohabitation relationship regardless of how long they have lived together and are not protected by law. Now de facto marriage exists only for the crime of bigamy in criminal law. If it is simply cohabitation and does not involve the crime of bigamy, then there is no de facto marriage.

Legal basis: 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 another party to another party, and it is forbidden for any organization or individual to interfere with it. Article 1047:The age of marriage shall not be earlier than 22 years old 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. 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.

Article 1051:Marriage is null and void in any of the following circumstances: (1) bigamy; (2) Have a family relationship that prohibits marriage; (3) They have not reached the legal age for marriage.

Being together for ten years without a marriage certificate is not necessarily a de facto marriage, and it is necessary to have the three major elements of a de facto marriage: the husband and wife must have a cohabitation life, a long duration, mutual support, loyalty, and mutual trust.

Whether being together for ten years without a marriage certificate chain cover is considered a de facto marriage needs to be judged according to the actual situation. A de facto marriage is a situation in which a man and a woman cohabit in the name of husband and wife without registering a marriage. Specifically, the following three elements need to be present:

1.Cohabitation: Men and women need to live in the same residence and live together with continuity and stability, not overnight or short-term cohabitation.

2.Longer duration: It needs to last for a period of time, generally more than half a year, that is, not temporary, but a long-term, continuous cohabitation relationship.

3.Husband and wife relationship: Both men and women should have a supportive, faithful and trusting relationship between husband and wife, including mutual financial support, sharing of family responsibilities, and conjugal affection.

If a couple has been together for 10 years without a marriage certificate and meets the above three requirements, then it can be recognized as a de facto marriage. But without any of these three elements, then it is not a de facto marriage, just a simple cohabitation relationship. Therefore, whether it is counted as a de facto marriage needs to be analyzed on a case-by-case basis and needs to be judged according to the actual situation.

What happens to a couple who don't have a marriage license after they break up? In the absence of a marriage license, as is the case, property issues between a man and a woman can be resolved through negotiation. If it is not possible to negotiate, you can apply to the court to divide the property.

According to Article 12 of the Marriage Law of the People's Republic of China, the property acquired by a man and a woman who are not married shall belong to each other, and the jointly owned property shall be disposed of in accordance with their agreement; Where there is no agreement or the agreement is not clear, provisions similar to those for jointly owned property shall apply. Therefore, when dividing property, a fair and reasonable division should be carried out in accordance with the agreement of both parties or according to the actual situation.

Whether being together for 10 years without a marriage certificate is considered a de facto marriage requires three major elements: cohabitation, long duration, and husband and wife relationship. If the above three conditions are met, it can be recognized as a de facto marriage. If a man and a woman who do not have a marriage certificate break up, the property issue should be resolved through negotiation or by applying to the court for the division of property.

Legal basis]:

Article 14 of the Marriage Law of the People's Republic of China Men and women who are not married shall each have their own property, and the jointly owned property shall be disposed of in accordance with their agreement; Where there is no agreement or the agreement is not clear, provisions similar to those for jointly owned property shall apply.

The old and young love that the public is more familiar with should be a certain Nicholas's father. is in her 80s, and she is still in love with a "little girl" in her 30s. It can be known from the reports of the news media that this pair of "old and young love" has been together for more than ten years, which can be said to be very difficult.

But they have never gone through the formal marriage formalities, and they are all accompanied by boyfriend and girlfriend. Among them, we know that a certain sage is a Hong Kong native, and we will not discuss the marriage regulations in Hong Kong for the time being. The woman belongs to Shanghainese, so let's analyze the relationship between them in accordance with the regulations of the mainland to see if they can be protected by the law.

A certain Xian and his girlfriend were together in 2005, and although there were times when they lived together after that, they did not actually go through the marriage procedures. On February 1, 1994, the Ministry of Civil Affairs promulgated the new Regulations on the Administration of Marriage Registration. Since February 1, 1994, as long as they live together in the name of husband and wife without marriage registration, their marriage relationship is null and void and is not protected by law.

On April 1, 2004, before the implementation of the Supreme People's Court's Interpretation (II) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China > (hereinafter referred to as "Interpretation (II)"), if an unregistered man or woman sues for "divorce", the people's court may handle it as the dissolution of the "illegal cohabitation relationship". Therefore, if the relationship between a certain Xian and his girlfriend is placed in the mainland, it cannot be recognized as a de facto marriage, because the time they lived together was after February 1, 1994, and the two parties agreed that they only existed in the name of boyfriend and girlfriend, not in the name of husband and wife. Therefore, at this time, it can only be handled as a cohabitation relationship.

Even if the woman sues for divorce in a mainland court, it can only be dealt with as an illegal cohabitation. However, some people also think that both parties have been together for more than ten years, can't they automatically establish a husband and wife relationship? It should be noted that there is no such thing as automatic marriage in China, and if a man and a woman want to become a legal husband and wife, they can only go through the marriage registration procedures in accordance with the regulations and obtain a marriage certificate at the same time.

Article 1049 of the Civil Code: 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.