Why is this marriage legally recognized? 50

Hello, because of the marriage between your brother and your sister-in-law:

Article 32 of the Marriage Law applies to a divorce between a man and a woman, and the relevant departments may mediate 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 after repeated attempts; (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. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

See the first and fourth cases. You'll have the answer. Your brother is missing, and your sister-in-law has been waiting for four years.

Four years is equivalent to a gap of four years of separation, and the conditions for divorce have been met. Because of the loss of contact for four years, you can't contact your brother, that is, the marriage between your brother and your sister-in-law can be dissolved by itself, which is a legal interpretation. Naturally, it is legal for your sister-in-law to remarry.

If the missing person exceeds a certain number of years, he or she may apply for a unilateral divorce in China.

If the relevant state departments conduct a review and meet the national requirements, you can file for unilateral divorce.

Remarriage after divorce, marriage in accordance with national regulations, of course, is protected by law.

Your sister-in-law should have applied for a unilateral divorce, otherwise it would be impossible to get a marriage certificate again.

If she uses another household registration to do it, she can sue her for bigamy.

The law will recognize de facto marriages under certain conditions. However, under normal circumstances, a legal marriage relationship requires the parties who meet the conditions for marriage to register their marriage and obtain a marriage certificate before they are legally married. Those who only establish a cohabitation system are generally not protected by law.

1. What should I do if I want to divorce without getting a license when I get married?

If you do not have a marriage certificate, legally speaking, the parties do not have the rights and obligations between husband and wife, and you can dissolve the cohabitation relationship on your own. If a dispute arises over the division of property or child support during the period of cohabitation, a lawsuit may be filed with the court, and the court shall make a judgment in accordance with the law. where it has already been accepted, a ruling is made to reject the lawsuit.

According to the relevant provisions of China's Civil Code, there is no such thing as de facto marriage in our country now. Before February 1, 1994, if a man and a woman meet the substantive requirements of the Civil Code, it shall be treated as a de facto marriage, regardless of the length of time the parties have lived together, and regardless of whether the initial or certain stage of their life together meets the substantive marital relationship requirements of the Civil Code. After that, you must re-register, otherwise you will not be protected by the law.

In other words, no matter how long they have lived together, the parties who have not registered their marriage will not have the status of legal spouses, and their cohabitation relationship will not be effectively protected by the law.

2. How to divorce without a marriage certificate and what to do if you have a household registration book.

Men and women who have not obtained a marriage certificate but live together in the name of husband and wife and want to divorce shall be treated differently in two situations:

1. If the marriage was concluded before the implementation of the Regulations on the Administration of Marriage Registration on February 1, 1994, and both the man and the woman have met the substantive requirements for marriage, the de facto marriage is legal and protected by law, and should be carried out in accordance with the normal divorce procedure.

2. If the marriage is concluded after the implementation of the "Regulations on the Administration of Marriage Registration" on February 1, 1994, and the marriage certificate is not obtained, the marriage relationship between the two parties is not protected by law, but belongs to the cohabitation relationship.

Legal analysis: Generally not recognized, but the law recognizes the de facto marriage in which the man and woman cohabited in the name of husband and wife before February 1, 1994 (excluding February 1), and after that, to establish a husband and wife relationship, they must go to the marriage registration authority to go through the marriage registration formalities.

Legal basis: Article 4 of the Regulations on Marriage Registration of a Mainland resident shall go through the marriage registration registration at the marriage registration authority at the place where one of the parties has a permanent residence. Where a Chinese citizen marries a foreigner in Chinese mainland, or a mainland resident marries a Hong Kong resident, a Macao resident, a Taiwanese resident or an overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the marriage registration.

Legal Analysis: The concept of de facto marriage is divided into broad and narrow senses. De facto marriage in a broad sense generally refers to a man and a woman with the intention of marriage, who have the substantive conditions for living together as husband and wife, and the masses generally recognize the relationship between their husbands and wives, but have not fulfilled the statutory form of marriage registration.

There are two types of de facto marriages that meet the substantive conditions for marriage but are not registered, and de facto marriages that do not meet the substantive conditions for marriage. China's law conditionally recognizes de facto marriages that meet the substantive conditions for marriage. That is, de facto marriages that were formed before February 1, 1994 and met the substantive conditions for marriage.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where 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, and if the relationship has truly broken down and mediation is ineffective, they shall grant a divorce.

In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person, 2) domestic violence, or abuse or abandonment of family members, 3) gambling, drug abuse, and other vices that have repeatedly been taught and not changed, 4) due to emotional intolerance and separation for 2 years, 5) other circumstances that lead to the breakdown of the relationship between the 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, and the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Legal analysis: After February 1, 1994, there is no longer a de facto marriage in which they have lived together, and can only be a cohabitation relationship.

Legal basis: "China quietly accompanies the people to call for chaos and the Civil Code of the People's Republic of China".

Article 1049: Both men and women who wish to marry shall apply for marriage registration in person at the Qilian 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.

A de facto marriage means that a man and a woman already have the substantive requirements for marriage, but they lack the formal requirements for marriage registration. In the event of a dispute over a de facto marriage, there is a difference in the determination of the validity of the de facto marriage law in our national law, and the promulgation and implementation of the "Marriage Registration Regulations" of the Ministry of Civil Affairs on February 1, 1994 is the dividing line. A man and a woman after 1 February 1994 who meet the substantive requirements for marriage can only be treated as a "cohabitation relationship" and need to be re-registered before they can be recognized by law.

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1).

Article 7. Where a man and a woman who have not completed marriage registration in accordance with Article 1049 of the Civil Code and live together in the name of husband and wife, and file a lawsuit 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 the man and the woman had met the requirements for substantive marriage, it was to 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, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to reapply for marriage registration. Where the marriage registration has not been completed, it is to be handled in accordance with the provisions of Article 3 of this Interpretation.

A de facto marriage means that a man and a woman already have the substantive requirements for marriage, but they lack the formal requirements for marriage registration. With the promulgation and implementation of the "Marriage Registration Regulations" of the Ministry of Civil Affairs on February 1, 1994 as the dividing line, if a man and a woman meet the substantive requirements of marriage before February 1, 1994, it will be treated as a de facto marriage; A man and a woman after 1 February 1994 who meet the substantive requirements for marriage can only be treated as a "cohabitation relationship" and need to be re-registered before they can be recognized by law.

Legal basis

Article 4 of the Marriage Registration Regulations does not provide that when a mainland resident gets married, both the man and the woman shall jointly go to the marriage registration authority in the place where one of the parties has destroyed the permanent residence of the party to complete the marriage registration.