Whether a de facto marriage of more than five years can be officially recognized as a legal couple

You were married in 2004, but the marriage was not registered, and the relationship between you was a common-law relationship. You can sue the court to dissolve your cohabitation relationship, because the cohabitation relationship is not protected by law, and the court will definitely order the dissolution of your cohabitation relationship. You can claim custody of your children.

Children under the age of 10 are generally more likely to be raised by the woman, but not necessarily absolutely by the woman, and the court should consider the financial ability of the parent raising the child and the child's future living environment.

You belong to a common-law relationship, the recognition of a de facto marriage is conditional, the marriage formalities have been completed after cohabitation, the marriage start date is calculated from the beginning of cohabitation, and the period from cohabitation to marriage is defined as a de facto marriage.

It's not a husband and wife relationship.

After the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, those who live together without completing marriage registration shall be treated as cohabitation.

However, it does not affect the parties' claim for custody of the children.

With regard to the confirmation of child custody, the court will refer to the following provisions.

The Supreme People's Court on the trial of the people's courts.

Some specific opinions on the handling of child support issues in divorce cases.

November 3, 1993, Fa Fa [1993] No. 30).

3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

3) There are no other children, and the other party has other children;

4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.

Re: You are not married, and you are not protected by the marriage law!

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.

Judicial Interpretation I of the Marriage Law stipulates that if a man and a woman have met the substantive requirements for marriage before the promulgation and implementation of the Marriage Registration Regulations of the Ministry of Civil Affairs on February 1, 1994, it shall be treated as a de facto marriage. The Marriage Law stipulates that a man and a woman who wish to marry must register their marriage in person at the marriage registration office, and if they meet the requirements of the Marriage Law, they shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate establishes the relationship between husband and wife.

Where marriage registration has not been completed, the marriage registration shall be supplemented. From the perspective of the law, in addition to the legally recognized de facto marriage, no matter how long they have lived together, they will not be counted as a legal husband and wife, and if they want to become a legal couple, they must go to the marriage registration department to go through the marriage registration formalities or make up the marriage registration procedures. Legal basis:

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (1) Article 5 of the Supreme People's Court Article 5 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 sue the people's court for divorce, they shall be treated differently: (1) Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, where both the man and the woman have met the substantive requirements for marriage, it shall be treated 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 apply for marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

After the amendment of the Marriage Law, the term de facto marriage has been abolished, so no matter how many years they have lived together, they are in a cohabitation relationship, and they cannot become legal husband and wife.

If you are already living together, it is advisable to reapply for a marriage certificate immediately.

If the cohabitation relationship is to be dissolved, it is sufficient to do so directly, without going through the civil affairs organs or courts, and the property or children during the cohabitation period can be resolved through negotiation, and if the negotiation fails, the property or children may be brought to the people's court in accordance with the law.

As long as you live together without obtaining a marriage certificate, it is illegal cohabitation, no matter how many years you have lived together, you are not a legal couple, and there is no such thing as a de facto marriage.

Cohabitation for more than three years is not considered a legal husband and wife under the Marriage Law.

Since the implementation of the Regulations on the Administration of Marriage Registration in 1993, there has been no such thing as a de facto marriage. Cohabitation for three years. Even if they have lived together for 30 years, they are not legally married according to the current regulations. However, if you have made legal registration in time during the period of cohabitation, you will be legally married.

With regard to marriage registration organs, in urban areas, the people's civil affairs departments of cities without districts, and in rural areas, they are county-level people's civil affairs departments or township (town) people.

After carefully examining the application of the parties, the registration authority shall approve the registration and issue a marriage certificate to those who meet the legal requirements for marriage; Otherwise, no registration will be granted. If the parties do not agree with the decision of the registration authority, they have the right to submit it to the competent authority at the next higher level for resolution.

No, it can only be regarded as illegal cohabitation. According to the law, there are two types of circumstances for a man and a woman who have not registered their marriage in accordance with the provisions of the Marriage Law and live together in the name of their husband and wife

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 substantive requirements for marriage, it was to be handled as a de facto marriage;

(2) After the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, they shall apply for a supplementary marriage registration; If the marriage registration has not been completed, it shall be handled as a cohabitation relationship.

In other words, even if you meet the conditions for marriage, if you have not registered your marriage until now, you can only be treated as illegal cohabitation.

Prior to 1 February 1994, de facto marriages were recognized by law, and no further ones were recognized.

If they have been together after 94 years, no matter how long they have lived together, they are not considered legal couples.

My husband and her ex-wife didn't get a marriage certificate in 1989 and had a child, and they left in 1995 without any documents, is this legal?

Even if you have a marriage certificate, you don't have a marriage certificate and you are living together illegally, no matter how long it takes...

After the implementation of the Marriage Registration Regulations in 94, there was no such thing as de facto marriage, and it was all a cohabitation relationship.

Guangzhou lawyer:

No, a marriage certificate is required.

It should be said that illegal cohabitation for three years! Still legitimate?

The following elements are required for a de facto marriage to be constituted:(i) The act of cohabitation (i.e. the continuous and stable cohabitation of a man and a woman) began before 1 February 1994;

(2) The cohabitation is carried out in the name of husband and wife; 3. The cohabiting parties had met the substantive requirements for marriage at the time of cohabitation prior to 1 February 1994.

Therefore, you have just lived together for two years now, and you do not fall under the category of de facto marriage, and you are not legally married.

No. China's current marriage law does not recognize de facto marriages, nor does it protect de facto marriages.

If you are not registered in the court, you are not considered a legal couple, and in the court, the police station does not count.

Definitely not considered a legal couple.

After 94 years, as long as there is no legal marriage certificate, they are not legal husband and wife, and cohabitation until death is also a cohabitation relationship.

Of course not, it doesn't matter how many years you have lived together, only those who have received a marriage certificate are formal and legal couples.

Sorry I didn't look carefully, it should be like this

The new "Marriage Law" has abolished the provision of de facto marriage, and any person who lives together in the name of husband and wife without registering the marriage will not be established as a husband and wife, regardless of how long they have lived together

In the past, it was considered a de facto marriage, and it was legal. You go and look at the marriage law, the new marriage law abolishes de facto marriages. Not now, only getting a certificate is considered legal.

Babies can make soy sauce, right?

Cohabitation bed and board refers to two people out.

Compound for a purpose and temporarily inhabited together, present.

It is generally used between people of the opposite sex. Cohabitation is different from marriage, marriage is recognized by law, and the relationship cannot be dissolved casually, and the dissolution of marriage must go through certain legal procedures; Cohabitation, on the other hand, is an act that is not recognized by law, and the relationship can be terminated at any time according to the will of the person at the time, which has a great degree of freedom for both parties.

The Marriage Act does not provide for illegal cohabitation between persons without a spouse. However, Article 5 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law (hereinafter referred to as the Interpretation (I) of the Marriage Law) stipulates that: "If a man and a woman who have not registered their marriage in accordance with Article 8 of the Marriage Law and live together in the name of husband and wife and sue the people's court for divorce, they shall be treated differently

After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both a man and a woman meet the substantive requirements for marriage, the people's court shall inform them to apply for 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.

According to the above, your relationship is limited to a common-law relationship and is not a legal couple. Only those who have completed the marriage relationship can be legally married.

How can there be people who ask such questions.

Is there still such a person in our country who does not understand the law?

There is still a long way to go to popularize the law.

At best, it's a "shameless", not a husband and wife, if you want to get other purposes from this simple cohabitation for 6 months, don't think about it, and if things get bigger, it's at most a compensation.

No...

How long they live together will not become a legal couple.

Only you can register with the civil affairs department.

is protected by law.

If you are a lady.

I hope you. Get out of this cohabitation life as soon as possible.

Not counted. The new "Marriage Law" has abolished the provision of de facto marriage, and any person who lives together in the name of husband and wife without registering the marriage will not be established as a husband and wife, regardless of how long they have lived together

No, legally speaking, it is legal to be married, and legal is to have legal rights.

What is legal or not to talk about cohabitation, the two are willing.

I didn't get a license, and I didn't live together for a hundred years.

That is, 6 years, and if you don't get married, you're not a legal couple.

No matter how long you have been living together, whether you have children or not, as long as you do not have a marriage certificate, you are not a legal husband and wife, and you can only be counted in law.

Common-law relationship.

Of course, there is a difference, now the law only recognizes de facto marriages that began before 1 February 1994, and subsequent marriages are only based on cohabitation, and cohabitation relationships cannot inherit from each other.

There is a difference, a big difference.

Since you two have been together for another 30 years after the divorce, why haven't you gone through the remarriage, you should be considered a legal husband and wife in such a situation, and you should have a de facto marriage.

Legally, it is not legal to live together after divorce. After an agreed divorce, 30 years together can only be considered a de facto marriage.

Oh, although the agreed divorce is not considered a legal couple, but if it is said that the two people re-register after the agreed divorce, they are still considered a legal couple, and if they are no longer registered, this is a legal couple that is not protected by the state and does not comply with the Marriage Law of the People's Republic of China.

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.

A man and a woman in a de facto marriage should have no spouse, and if they have a spouse, they become de facto bigamy. De facto bigamy: refers to the fact that the previous marriage has not been dissolved, and the person lives together in the name of husband and wife, but the marriage registration formalities have not been completed.

As long as the parties openly live together in the name of husband and wife, even if the marriage is not registered, it constitutes bigamy.

The parties to a de facto union have the purpose of marriage and the form of living together. Whether a man and a woman treat each other as spouses is an important difference in content between de facto marriages and other non-marital relationships. Because, all illegal sexual acts have no purpose for marriage and no form of living together.

A man and a woman in a de facto marriage are openly husband and wife. That is, they live together in the name of husband and wife, and they are recognized by the surrounding people. In other words, not only should there be the whole content of conjugal life on the inside, but also on the outside there should be a socially recognized conjugal identity.

This is an important formal distinction between de facto marriages and other non-marital relationships. All illegal sexual relations and acts do not have the name of husband and wife, and the masses will not recognize them as husband and wife.