-
There is no such thing as a fraudulent marriage.
Looking at your description, people can still sue you, you maliciously slander and beat people. It's too bad to be a man.
It's useless for you to be angry, you're not right yourself. In other words, whoever will break up with you will not be able to break up with her family, even if her family is wrong, it is her relatives, and you beat her, not only.
She has her own family to help her.
-
Judging from the whole incident, the prosecution of fraudulent marriage is not established, and the fraudulent marriage will be criminally responsible, which is at most an internal conflict within the family, and a civil correction if it is bigger. Because there is no marriage certificate, there is no equal division of property after the breakup. If you insist on getting the bride price back, have you ever thought about it, the woman gave birth to a child for you, and you have to compensate the woman for mental damages more than the bride price.
It can only be said that your marriage is too immature, and there must be hidden secrets in this. If you really have a good relationship, then why is her mother causing a fight? Why do you still agree when you get married?
You didn't mention any of these reasons. And why didn't I get a marriage certificate at that time? This is the crux of the matter.
It is difficult for a Qing official to decide family affairs, because there is no marriage certificate, and there is no way to judge it from the law. If you can find unrelated witnesses who are actually married, then there is still the problem of dividing the family property and so on.
Who are the people in her family, fainting to death. On the surface, it is really hateful, but the law does not tolerate mercy, and legally speaking, all the wishes of this matter you can't show are evidence that her mother instructed her to do it. Therefore, if there is no infringement, there is no way to establish it.
-
Legal Analysis:1It is enough to leave directly, and there is no need to go through legal procedures to dissolve the cohabitation relationship.
2.If you can't agree on child custody and property division, you can file a lawsuit in court.
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.
-
Summary. Dear, I'm glad to answer your <>
For unmarried cohabitation, that is, both unmarried men and women living together, the Marriage Law does not support or encourage it, and it is not within the scope of legal mediation. This is their choice of their living situation, and the law does not interfere with the existence of the cohabitation relationship, whether it is dissolved or not, and their lawsuit for the dissolution of the cohabitation relationship will not be accepted by the people's court. However, since the parties have given birth to a child, the issue of custody is involved, and the court can accept it.
If you have children without a marriage certificate, you will be dissolved from cohabitation.
Dear, I'm glad to answer your <>
For unmarried cohabitation, that is, both unmarried men and women living together, the Marriage Law does not support or encourage them, and is not within the scope of the law. This is their choice of their own living situation, and the law will not interfere with the existence of the cohabitation relationship, whether it is dissolved or not, and the people's court will not accept their lawsuit to dissolve the cohabitation relationship. However, since the parties have given birth to a child, the issue of custody is involved, and the court can accept it.
Legal basis: According to the interpretation (2) of several issues in the Marriage Law of the People's Republic of China, the people's court will not accept the request of the parties to dissolve the cohabitation relationship.
However, where a party's request to dissolve 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. Where parties initiate litigation for the division of property or child support during the period of cohabitation, the people's court shall accept it. In other words, the parties can take the form of litigation to resolve the child custody issue.
Can you help me draw up a contract?
Is it still there. What kind of contract do you want to propose?
It's that my husband and I live together and have a child, but they are not of legal age, so they don't have a marriage certificate.
We're getting divorced now.
Help me draft a divorce contract.
That's not right... You and your husband are not married. The divorce contract is null and void.
The only agreement you can get is one that is for the custody of the child.
How to divide the bride price at the time of marriage?
This ah, the bride price of marriage is the gift money given by the man to the woman, without receiving the marriage certificate, the bride price can also be returned, the man and woman have not received the marriage certificate after living together, there is no problem of divorce, and the cohabitation relationship can be directly dissolved, but if the cohabitation time has exceeded two years, the other party cannot be asked to return the bride price, if the cohabitation time has not exceeded two years, you can file a lawsuit with the court to ask the other party to return the bride price.
Try to negotiate with both parties.
With regard to the return of the bride price, since the parties failed to go through the marriage registration formalities, in view of the fact that the parties had already held a wedding ceremony in accordance with the custom and had lived together for a period of time, combined with the expenses that would inevitably arise in the course of the joint relationship between the parties after the marriage. At least two-thirds of the bride price should be returned.
-
After the dissolution of the cohabitation relationship, the children born out of wedlock shall be determined by agreement between the parents which party will raise them. The Civil Code stipulates that children born out of wedlock shall enjoy the same rights as children born in wedlock, and no organization or individual may harm or discriminate against them. Children born out of wedlock are also entitled to maintenance, subsistence and education, and have the same rights as legitimate children.
[Legal basis].
Article 1060 of the Civil Code of the People's Republic of China states that parents have the right and duty to educate and protect their minor children. Where minor children cause harm to others, parents shall bear civil liability in accordance with law. Article 1071:Children born out of wedlock enjoy the same rights as children born in wedlock, 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 be responsible for the maintenance of the minor child or the adult child who is unable to live independently.
-
Legal Analysis: Not Breaking the Law. If you do not have a marriage certificate, you will not be married according to the provisions of the current law, and you will not be able to get a divorce. It is now a cohabitation relationship, and if a lawsuit is filed to dissolve the cohabitation relationship, the court will not accept it.
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 weeks for men and 20 years for women.
Article 1048:Marriage is prohibited for lineal 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. After knowing that Cong guessed that the marriage was registered, that is, the marriage relationship was established.
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.
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. Zheng Zheng.
The law cannot solve a civil case... Tell you what to do,。。 On the same day,. Whoever is in the hands of the child is his,。。
Without a marriage certificate, the child does not necessarily need to go to the woman's house to register for the hukou. If you have a child out of wedlock, you need to provide corresponding documents according to your own situation. >>>More
1. Does the man have a job? What are the economic conditions? >>>More
Married? If you are married, you are a legal husband and wife and should be legally responsible. Because the baby belongs to two people. >>>More
Summary. Hello, if there is no marriage certificate, then the man has no right to compensation. >>>More