-
Anonymous users2024-02-13The new Marriage Law has abolished de facto marriages, which means that the law now does not recognize de facto marriages, but only marriages that have been registered with legal formalities. Therefore, there is no clear provision in the constituent elements of a de facto marriage as to how long a cohabitation can be a de facto marriage.
A de facto marriage refers to a man and a woman who do not have a spouse and live together as husband and wife without registering their marriage, and it is also considered by the public to be a union between the sexes of husband and wife.
However, in consideration of China's actual national conditions, in order to maintain the stability of the marital relationship within a certain range, especially among the vast number of rural people, the state conditionally recognizes the relationship between a man and a woman who live together in the name of husband and wife without marriage registration, which gives rise to the concept of de facto marriage.
A de facto marriage is a form of existence of a marital relationship, which in a broad sense refers to the fact that both men and women subjectively have the purpose of living permanently and objectively have the fact that they live together in the name of husband and wife without registering with the marriage registration authority and without obtaining a marriage certificate. In a narrow sense, it refers to a man and a woman who do not have a spouse and live together as husband and wife without marriage registration.
Since February 1, 1994, although China's "Marriage Law" no longer recognizes de facto marriages, this does not mean that the law will completely not recognize de facto marriages, for example, the crime of bigamy in the Criminal Law, if you have a spouse and form a de facto marriage with another person, or know that another person has a spouse and form a de facto marriage with you, even if you do not go to the civil affairs department to register the marriage, it can still be recognized as bigamy.
Therefore, there is no clear provision in the constituent elements of a de facto marriage as to how long a cohabitation can be a de facto marriage.
-
Anonymous users2024-02-12Before the promulgation and implementation of the "Marriage Registration Regulations" of the Ministry of Civil Affairs on February 1, 1994, if both the man and the woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage; After that, a person who cohabits together is not considered married, regardless of how long they have cohabited, and the man and woman who wish to marry must register the marriage in person at the marriage registration office.
Legal basis
Article 1049 of the Civil Code stipulates that 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.
-
Anonymous users2024-02-11Legal analysis: No matter how long they have lived together, they cannot be considered married. Only by registering with the marriage registration office and obtaining a marriage certificate can the marriage relationship be recognized by law.
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.
-
Anonymous users2024-02-10Cohabitation does not count as marriage no matter how long it is. According to Chinese law, only those who have registered their marriage at the Civil Affairs Bureau are legally married to each other.
Legal basis] 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.
-
Anonymous users2024-02-09Legal analysis: If the marriage registration has not been completed, the marriage registration shall be re-registered.
Legal basis: Civil Code of the People's Republic of China
Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual 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 direct 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. Pickpocketing.
Article 1051 Marriage shall be 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.
Recently, in the process of handling the case, a client has consulted me about the issue of how many years of cohabitation can be counted as a legal couple, and I will share it with you here today. Nowadays, more and more people are cohabiting together without registering their marriages, and various legal problems arising from cohabitation are also increasing. After years of experience, I personally believe that apart from the provisions of the law on de facto marriage, the length of cohabitation is not necessarily related to whether it is a legal couple. >>>More
It doesn't count, but morality doesn't allow it.
You have the opportunity to take your husband to the hospital to see if your husband has a disease, such as impotence**, etc., otherwise, how can he not touch you?
If you don't like it, why do you still marry someone! If you don't like to marry, it's not fair to you. If you are married but do not have a round house, it is still right, of course it is not illegal. Don't break someone's heart!
In China, de facto marriage is not defined by the number of years of cohabitation, and its composition is first of all that a man and a woman have the intention of marriage and the essence of living together, which is manifested in the fact that they are generally recognized as husband and wife in society. >>>More