What is the attitude of the law towards illegal cohabitation?

Under article 3 of the Marriage Act, it is forbidden for a spouse to cohabit with another person. Article 32, paragraph 3, subparagraph 1 stipulates that cohabitation of a spouse with another person is a legal ground for divorce by the spouse of the spouse. Article 46 provides that a spouse who is not at fault in the event of a divorce due to cohabitation with another person may claim damages.

The Marriage Act does not provide for illegal cohabitation between persons without a spouse. However, Article 5 of the Supreme People's Court's Interpretation (1) = (hereinafter referred to as the "Interpretation (1)" of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law stipulates that: "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

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' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to make up the marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship. "Cohabitation under this article refers to unlawful cohabitation between persons without a spouse.

Article 1, paragraph 1 of the Interpretation (II) = of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law (II)) stipulates that "where a party sues and requests the dissolution of the cohabitation relationship, the people's court shall not accept it." However, where the parties request the dissolution of the cohabitation relationship falls within the category of "cohabitation of a person with a spouse with another person" as provided for in articles 3, 32, and 46 of the Marriage Law, the people's court shall accept it and dissolve it in accordance with law. "Based on the above-mentioned classification of illegal cohabitation as the basis for interpretation, the people's court will not accept a request from a person without a spouse to dissolve the cohabitation relationship.

However, the people's court shall accept the request of a person with a spouse and a spouse or a spouse to dissolve the illegal cohabitation relationship in accordance with law.

Although the people's court will not accept the request for the dissolution of the illegal cohabitation relationship between persons without a spouse, according to paragraph 2 of Article 1 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of Several Issues = (hereinafter referred to as the "Interpretation (II)"): "If the parties file a lawsuit due to a dispute over the division of property or child support during the period of cohabitation, the people's court shall accept it. In other words, if there is a request for property division or child support between unmarried persons during the period of illegal cohabitation, the people's court shall accept and handle it. ‍‍

Any marriage certificate is called an invalid marriage in law, and any husband and wife who have been together physiologically normal for more than two years and have not had a married sexual life are automatically divorced!

1. Illegal cohabitation is generally not punished. Illegal cohabitation is a common social phenomenon in today's society in our country, it is a special relationship between the sexes, how to deal with disputes between men and women, and there are few provisions in the current law, which is not conducive to the resolution of contradictions, can not better protect people's rights and interests, and is more difficult to give legal remedies to the weak. Depending on the specific circumstances of the cohabiting parties, if one of the parties is married and in the middle of the marriage and engages in public cohabitation in the name of husband and wife, he or she is liable for the crime of bigamy.

Such a charge is not charged, which means that it will only be accepted by the plaintiff's court.

2. Legal basis:

According to the Civil Code of the People's Republic of China

1) 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.

2) Article 1054? An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party.

The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. The provisions of this Law on parents and children shall apply to children born to the parties.

1. Does concealing medical history before marriage affect the effectiveness of marriage after marriage?

It is possible that the circumstances under which annulment of marriage is granted will have a direct impact on the validity of the marriage.

If one party suffers from a serious illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage.

A request for annulment of marriage shall be made within one year from the date on which the reasons for revocation are known or should have been known.

Marriage is null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

Article 1054 of the Civil Code.

Legal Consequences of Nullity and Annulment of Marriage] An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.

The provisions of this Law on parents and children shall apply to children born to the parties.

Illegal cohabitation is generally not punishable, but if one of the parties is married and engaged in public cohabitation in the name of husband and wife during the marriage, there is legal responsibility, i.e., 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.

Legal basis] Article 258 of the Criminal Law, a person who has a spouse and marries him, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

Legal analysis: 1. If a spouse cohabits with another person, the other party can file for divorce on this basis.

2. If a spouse cohabits with another person and causes divorce, the party who is not at fault may claim damages.

Legal basis: Article 1091 of the Civil Code of the People's Republic of China In any of the following circumstances, which leads to divorce, the innocent party has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

If a spouse cohabits with another person, the other spouse may file for divorce on this basis; If a spouse cohabits with another person and causes a divorce, the innocent party may claim damages, etc.