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Don't have a marriage certificate? How can you get a divorce.
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Many people wonder if the marriage is automatically dissolved after two years of separation. Separation (separation) for 2 years in China is only a way to judge the breakdown of the relationship between husband and wife, as long as the marriage between the two parties continues to exist without going through the statutory divorce procedures, if either party marries a third party at this time, it constitutes the crime of bigamy. At present, the separation recognized by the court refers to the fact that the two parties live separately due to the discord between the husband and wife.
Although they don't live together, it's not because of emotional discord, but because of other reasons. Separation is not a legal separation due to the place of work, or for other objective reasons. Many people do not understand whether a husband and wife are legally separated if they live in different places for many years.
Legal separation is marked by the fact that the spouses do not have a sexual life together because of emotional discord and do not fulfill their marital obligations to each other. If you live in the same apartment and do not sleep in the same bed, but the relationship is not harmonious, and you do not fulfill the mutual obligations between husband and wife, is it considered separation in the legal sense? In this case, it is difficult for the judge to determine cohabitation at **time**, for example, once one party denies sleeping in separate beds, the other party is not able to provide evidence to prove the fact of sharing beds or the fact that there is no sexual life, so it is not recognized as separation.
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This divorce after separation for more than two years will generally be divorced, because it proves that the relationship has broken down, and the divorce procedures must be handled as usual. If you have any legal questions about property division or divorce, it is recommended that you answer the following legal partners.
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The law provides that a divorce can be automatically granted if a husband and wife have been separated for more than three years.
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Separation does not mean divorce, only one of the parties disappears for no reason, and the other party does not get the news, so the person who was left can apply for divorce, automatic divorce You can't leave, you have to go through the divorce procedures like getting married. If you really don't have feelings, why separate! Just go straight to the divorce.
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6 months of separation is enough to carry a child and cannot be divorced.
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Two years! However, there is still a divorce procedure.
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It used to be two years! Now the new marriage law is not known!
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Summary. Kiss Sorry to keep you waiting, I'm glad to answer for you, what to do if you get a divorce after being separated for twenty years after getting a marriage certificate: the way to divorce after twenty years of separation is as follows:
1. If you have been separated for more than two years and it is determined that the two parties have no feelings, you need to divorce. If both parties agree, they may go to the marriage registration office to go through the formalities for divorce; 2. If the negotiation fails, the party requesting divorce can directly sue the court for divorce. If both a man and a woman divorce voluntarily, the divorce shall be granted.
Kiss Sorry to make you wait for a long time, I am happy to answer for you, I have received a marriage certificate and have been separated for 20 years, what should I do if I divorce now: The way to divorce after 20 years of separation is like guessing: 1. If you have been separated for more than two years and it is determined that the two parties have no feelings, you need to divorce.
If both parties agree to it, they can go to the marriage registration office to go through the divorce formalities; 2. If the negotiation fails, the party requesting divorce can directly sue the court for divorce. If both a man and a woman divorce voluntarily, the divorce shall be granted.
Kissing and expanding knowledge: The process of divorce by agreement is as follows: 1. The parties apply; 2. Preliminary examination of marriage registration authorities; 3. Issue the "Receipt of Acceptance of Divorce Registration Application" and apply for the issuance of a divorce certificate upon the expiration of the divorce cooling-off period; 5. Examination by the marriage registration authority; 6. Register the letter and issue a marriage certificate to Litan.
Hope it helps you <>
The best way to do that is one.
If the settlement of harmony is definitely the first type, and the premise of not adopting the first type of divorce by agreement, it is closed to the second step, and the second step is that only after one party does not agree can you sue.
One thing to note is that because you have been separated for 20 years, you have no feelings, and the court will definitely grant a divorce. What we have to pay attention to is the division of our own brother's property.
The property is not common from the beginning of separation, and it is given to the woman before marriage.
Do you still want to divide it?
It is recommended that when you divorce by mutual agreement, you must clearly indicate that the property belongs to each individual.
Well, there is a child who has graduated from college, and it has always been the man's education and living expenses. The child has been at Grandma's house.
It's okay to do this, and the child's belonging can also be clearly written, but the child has graduated, so it doesn't have that much impact.
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Summary. Hello dear, glad to answer your <>
If the time of marriage occurred before the promulgation and implementation of the Regulations on Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, it shall be treated as a de facto marriage, and in this case, unless both parties are willing to re-register the marriage, they can only file a lawsuit in the people's court, and cannot go to the marriage registration department to handle the divorce by agreement.
What should I do if the husband and wife have not received a marriage certificate and have been separated for more than ten years.
In. Hello dear, glad to answer your <>
If the time of marriage occurred before the promulgation and implementation of the Regulations on Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, it shall be treated as a de facto marriage, and in this case, unless both parties are willing to re-register the marriage, they can only file a lawsuit in the people's court, and cannot go to the marriage registration department to handle the divorce by agreement.
Legal basis: Article 1079 of the Civil Code If one of the husband and wife requests a divorce, the relevant organization 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.
Can you tell the teacher about the situation?
There are two children between us.
But I haven't gotten a marriage license, right?
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Hello, it's a pleasure to serve you! Husband and wife who have not obtained a marriage certificate and have been separated for more than ten years can negotiate and terminate it on their own.
Legal analysis: Divorce procedures cannot be handled without a marriage certificate. If they are not married, the relationship between the two is a cohabitation relationship, which can be dissolved through negotiation on their own, and the property acquired during the existence of the cohabitation relationship is joint property, and the two can divide it through negotiation, and if the negotiation fails, the court shall make a judgment in accordance with law.
According to Article 55 of the Norms for Marriage Registration Work, the conditions for accepting an application for divorce registration are: (1) the marriage registry office has jurisdiction; (2) The husband and wife who request a divorce jointly apply to the marriage registry office; (3) Both parties have full capacity for civil conduct; (4) The parties hold a divorce agreement, which clearly states the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt handling; (5) The parties hold a marriage certificate issued by the Mainland marriage registration authority or a Chinese embassy (consulate) abroad; (6) Each of the parties submits 2 2-inch single recent half-length bareheaded**; (7) The parties hold valid identity documents provided for in articles 29 through 35 of these Norms.
For Jiusan who lives together as husband and wife and meets the conditions for marriage registration, even if they have not received a marriage certificate, the relationship between the parties and husband and wife is protected by law.
Supreme People's Court.
Interpretation of Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (2) Article 1: Where a party sues to request the dissolution of a cohabitation relationship, the people's court will not accept it. However, the cohabitation relationship requested by the parties to be dissolved falls under the provisions of Articles 3, 32 and 46 of the Marriage Law"A person who has a spouse cohabits with another person"and the people's court shall accept it and lift it in accordance with law. >>>More
Male lunar calendar).
Woman (Gregorian calendar). >>>More
1. Conditions for marriage registration.
1. Both men and women must marry voluntarily (independently). >>>More
Dizzy, you can move the woman's hukou without a marriage certificate, it's really too powerful. If you don't have a marriage certificate, you can't be protected by the law, but if both parties recognize it, the law will recognize you as a de facto marriage, just go to the Civil Affairs Bureau to make up for a marriage certificate. >>>More