Does cohabitation for six years count as a de facto couple? Cohabitation for six years is not consid

Generally speaking, cohabitation for six years is not necessarily the same as a de facto couple, because whether or not to become a de facto couple depends not only on the length of cohabitation, but also on the wishes and actions of both spouses. The laws of some countries or regions stipulate that only under certain conditions, such as cohabitation for more than a certain number of years, will the relationship between husband and wife be automatically formed, and give rise to legal responsibilities and obligations similar to those in marriage, such as raising children and distributing property. Elsewhere, however, it may be necessary for the spouses to have a definite will and behaviour to show their marital relationship.

Therefore, six years of cohabitation is just a time period, and whether it is counted as a de facto couple depends on the specific situation.

1. How long cohabitation is recognized as a de facto marriage in the Civil Code.

The Civil Code stipulates that de facto marriage is no longer recognized in China, so no matter how long they live together, they will not form a de facto marriage relationship and will be treated as a cohabitation relationship.

Civil Code of the People's Republic of China

Article 1042: [Prohibition of Marriage and Family] Arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to solicit money or property under the pretext of marriage.

Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person.

Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.

Article 1054: [Legal Consequences of Nullity and Annulment of Marriage] An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.

The provisions of this Law on parents and children shall apply to children born to the parties.

If the marriage is invalid or annulled, the innocent party has the right to claim damages.

2. How to dissolve the cohabitation relationship.

1. Neither spouse has cohabitation between spouses, and it is dissolved by itself. Both parties do not need to go to the court to dissolve the cohabitation relationship, they can dissolve the cohabitation relationship on their own.

However, if the parties cannot reach an agreement on the division of property and child support after the dissolution of the cohabitation relationship, the lawsuit shall be brought to the court, and the court may hear the judgment.

A separate request for dissolution of the cohabitation will not be taken care of by the court.

2. The lawsuit shall be dissolved if the cohabitation between a spouse and a spouse is not married. As long as there is a spouse living with another person, and the cohabitation relationship is dissolved, he can go to the court to file a lawsuit for the dissolution of the cohabitation relationship, which is not limited to the scope of property division and child support.

3. If both spouses live together, they can go to the court to sue for the dissolution of the cohabitation relationship, the division of property, and the judgment on child support.

Is cohabitation considered husband and wife.

Not counted. 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, they 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 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.

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, if 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.

Article 1079 of the Civil Code of the People's Republic of China.

Where one of the spouses requests a divorce, the relevant organizations may conduct mediation 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 shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing; (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. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

China recognizes the legitimacy of de facto marriages within a certain scope. Before February 1, 1994, if both a man and a woman met the substantive requirements of the Marriage Law, it was treated as a de facto marriage, regardless of the length of time the parties had lived together, and regardless of whether the initial or certain stage of their life together met the substantive marital relationship requirements of the Marriage Law. After that, the registration must be re-registered, otherwise it is not protected by law.

How is a de facto marriage determined:

The so-called de facto marriage actually refers to a marriage formed by a man and a woman living together as husband and wife without registering their marriage with the marriage registration office in accordance with the law. In fact, a de facto marriage is also a way of existing, but it is not recognized and protected by the law.

de facto marriage - concept: de facto marriage refers to a man and a woman without a spouse, who live together as husband and wife without registering their marriage, and the masses also believe that it is a union of the sexes in the relationship between husband and wife. However, in consideration of China's actual national conditions, in order to maintain the stability of the marriage 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".

Divorce: 1) Both parties to a divorce by mutual agreement must have a common intention to divorce.

Divorce must be based on the equality and voluntariness of both parties, and on this basis, the divorce can only be validated if both parties voluntarily agree to divorce. That is to say, if one party is unwilling to agree on a divorce, but is deceived or coerced by the other party to reach a divorce agreement, the divorce agreement has no legal effect.

2) The parties must be legally husband and wife and have full capacity for civil conduct.

First of all, divorce is the dissolution of the relationship between husband and wife that is legally existent. If the relationship between the parties is not legal, then the divorce by mutual agreement has no legal effect. Secondly, both the man and the woman must have full civil capacity for a divorce by mutual agreement to have legal effect.

As long as there is no certificate, it has no legal effect. You are not legally recognized as husband and wife.

If property is divided, it will not be divided according to the relationship between husband and wife.

Cohabitation for six years is a de facto couple in life, but without a marriage certificate is not legally protected.

It is considered a de facto couple, but there is no marriage certificate, and it is not a legal husband and wife, and it is not protected by law.

Does cohabitation for six years count as a de facto couple? It doesn't matter how many years the two of them have been together. How much time have you been living together? However, he did not receive a marriage certificate. They can't be considered real husband and wife.

As long as it is not protected by law, it does not count.

Without a certificate, the state will not recognize it and it does not count legally.

Not counted. According to the Marriage Law of the People's Republic of China, de facto couples must go through a formal marriage registration before they can become husband and wife.

No, because only when you get a marriage certificate, can you be considered husband and wife, cohabitation is just two people falling in love with each other and living together, it does not mean that they are husband and wife, and no marriage certificate means that they can break up at any time, but with a marriage certificate it is different, and having a marriage certificate does not mean that they will break up.

A de facto marriage is not defined by the number of years of cohabitation, but a de facto marriage is a man and a woman who have the intention of marrying and have the essence of living together, and the public also recognizes that the cohabitant is husband and wife, but there is no legal marriage registration.

At present, in China, regardless of whether the parties have held a marriage ceremony or not, any marriage that has not been registered is not a legal marriage.

Legal analysis: Cohabitation generally does not become a de facto marriage, and only before 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 have met the substantive requirements for marriage, it will be treated as a de facto marriage.

Legal basis: "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 Regulations on the Administration of Marriage Registration 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 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 reapply for marriage registration. Where marriage registration has not been completed, it is to be handled in accordance with article 3 of this interpretation.

Cohabitation with one's girlfriend for six years will not constitute a husband and wife relationship, and only after marriage registration can there be a legal husband and wife relationship, and both men and women who wish to marry should apply for marriage registration in person at the marriage registration office. If it meets the requirements of the law, it shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered.

1. How to remarry after divorce.

If both parties remarry after the divorce, it is sufficient to go to the marriage registration authority to re-register the marriage. The law stipulates that a man and a woman who wish to marry shall apply for marriage registration 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.

The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered. Marriage shall be of complete voluntary consent between the man and the woman, and it is forbidden for either party to coerce the other.

2. Is it necessary to make an appointment for marriage registration?

Marriage registration does not require an appointment. Marriage registration can be done directly at the marriage registry office with the ID cards and household registration books of both parties. The marriage must be in the place where the family is registered.

A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. If the requirements are met, it 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. Where a marriage is registered, both the man and the woman shall personally go to the marriage registration authority at the place where one of the parties has a permanent residence to apply and submit the documents and supporting materials prescribed by law.

3. Failure to register marriage and premarital property.

Without marriage registration, there will be no post-marital property, and the relationship between the two parties is a cohabitation relationship, and if there is joint property, it will be treated as general joint ownership.

However, if the substantive requirements for marriage have been met before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, the marriage certificate has not been obtained, and the parties also have a legal marital relationship, and there will be marital property between them.

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.

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 office. 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. Those who have not completed the marriage registration with a record of malpractice shall be re-registered.

Article 1000.

After the 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 according to the agreement between the man and the woman.

Legal analysis: The cohabitation of a man and a woman must meet the substantive requirements for marriage to be a de facto marriage, that is, the man and woman have not applied for a marriage certificate, but have been living together in the name of husband and wife. According to the interpretation, with 1 February 1994 as the cut-off point, if the man and woman have met the substantive requirements for marriage before that, it will be treated as a de facto marriage, and after that, it is necessary to re-register the marriage, and the man and woman who have not completed the marriage registration shall not be recognized as a de facto marriage and shall still be treated as a dissolution of the cohabitation relationship.

Legal basis: Article 8 of the Civil Code of the People's Republic of China A man and a woman who wish to marry must go to the marriage registration authority in person to register their marriage. Those who meet the requirements of this Law 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.

Legal analysis: The so-called de facto marriage actually refers to a marriage behavior in which a man and a woman live together as husband and wife without registering their marriage with the marriage registration authority in accordance with the law. In fact, de facto marriage is also a way of existing, but it is not recognized and protected by the 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.