How to divorce if you don t have a marriage certificate but have children

If not a de facto marriage, then:

1. Since there is no marriage certificate, it is a cohabitation relationship, which does not have the legal effect of marriage, and can be arbitrarily dissolved at any time, and there is no divorce problem. Property disputes and child support issues can be sued in court.

2. If you have met all the conditions required for marriage registration and go to the court to file a lawsuit for divorce, the people's court will inform you that you should apply for marriage registration before the case is accepted. If it is reissued, it will recognize the relationship between husband and wife from the time when both parties meet the substantive requirements for marriage and will be treated as a divorce lawsuit; If it is not reissued, the court will treat it as a dissolution of the cohabitation relationship.

1. The Civil Code of the People's Republic of China stipulates: "A man and a woman who wish to marry must register their marriage in person at the marriage registration office. Where the provisions of this Law are met, 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 registration shall be re-registered. ”

2. For those who sue for divorce without a marriage certificate, they shall be dealt with differently according to different circumstances in accordance with the provisions of the law.

In the case of a de facto marriage, the man and the woman may dissolve the de facto marriage by way of litigation and ask the court to deal with the issues of joint property and child support. In the case of a cohabitation relationship, the man and the woman may dissolve the cohabitation relationship by agreement and negotiate the division of property and the maintenance of children during the cohabitation period. A man and a woman who are not married form a de facto marriage or cohabitation relationship by living together.

In the case of a de facto marriage, the man and the woman may dissolve the de facto marriage by way of litigation and ask the court to deal with the issues of joint property and child support. In the case of a cohabitation relationship, the man and the woman may dissolve the cohabitation relationship by agreement and negotiate the division of property and the maintenance of children during the cohabitation period. Where both men and women only request the dissolution of the cohabitation relationship, the people's court will not accept it, but where a lawsuit is raised due to a dispute over the division of property or child support during the period of cohabitation, the people's court shall accept it.

Where the nature and ownership of the property acquired by a man and a woman during the period of non-marital cohabitation can be clearly distinguished at the time of the dissolution of the cohabitation relationship, it is to be determined to be owned by the individual; Where the nature of the property and its ownership cannot be distinguished, it is to be handled and divided with reference to the common property. Legal basis: Article 5 of the Supreme People's Court's Interpretation (1) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China Article 5 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 shall be treated differently if they sue the people's court for divorce

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 Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where 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. Article 1 of the Supreme People's Court's "Interpretation (II) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China" provides that where a party sues to request the dissolution of a cohabitation relationship, the people's court will 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.

Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's courts shall accept it.

If you don't get a marriage certificate, it's not a husband and wife relationship, but a cohabitation relationship, and you don't need to divorce, just break up and divide the property.

As for the custody of children, children born out of wedlock are subject to the rules for legitimate children, and children under the age of two are promoted to daughters, and the principle is that they are directly raised by their mothers. Where the parents of a child who has reached the age of two cannot reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Legal basis: Civil Code

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 1071: Children born out of wedlock enjoy the same rights as legitimate children, and must not be harmed or discriminated against by any organization or individual.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Summary. Hello dear. I've found the answer for you and I'm back, and here's how it is:

If you do not have a marriage certificate but have children and do not need to divorce, you can only be regarded as dissolving the cohabitation relationship. The parents of the child are the legal guardians of the child, and the party who does not raise the child needs to pay child support, if there is no agreement on the child support, child support, property division issues, etc., only one party can sue in the court, and the cause of action is to dissolve the cohabitation relationship, and then the court will decide on the child support and property distribution and other issues.

Hello dear. I've found the answer for you and I'm back, and the correct solution is as follows: I didn't get a marriage certificate but I didn't need a divorce if I had children, so I could only be regarded as dissolving the cohabitation relationship.

If there is no agreement on child support, child support, property division issues, etc., one party can only sue in court, and the cause of action is to dissolve the cohabitation relationship, and then the court will decide on issues such as child support and property distribution.

How to divorce if you don't have a marriage certificate but have children and have a banquet.

Legal basis: Article 8 of the Marriage Law of the People's Republic of China stipulates that "both men and women who wish to marry must register their marriage in person at the marriage registration authority.

Those who meet the requirements of this regulation shall be registered and issued a marriage certificate. Obtaining a marriage certificate establishes the relationship between husband and wife. Where marriage registration has not been completed, the registration shall be re-registered.

Dear, please describe the specific situation, and I will conduct a comprehensive analysis for you<>

It is possible to dissolve the relationship through the court!

Change how to do it. It is possible to apply to the court.

Do you want to get child support?

How to apply.

It's that I don't want to talk to the man.

I can give you a ** indictment here, and you can submit it to the court!

Do you need to fight for the custody of your child?

I want to fight for it. Do you have a joint property here?

Hello, how is the man's attitude!

I didn't have a marriage certificate, but I bought a car, and I was about 10,000

Dear, I suggest you take a picture of the link here, and we can learn more about your situation!

Including divorce, the man needs to pay child support!

How much is the amount of the vehicle?

This vehicle also needs to be assigned to you!

There are too many powerful relationships involved in divorce, and it is recommended that you take a picture of the link, so that you can learn more about your situation and better solve it for you!