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"Marriage certificate" means that you declare your marriage relationship to the civil affairs authorities and legal organs on your behalf, which means that you are legally husband and wife;
The traditional "setting up wine" means that you announce your marriage relationship to your social relationship, and receiving blessings also means that the marriage relationship is recognized by the social relationship.
Of course, neither of the two is a "real marriage", both are just a declaration process.
The current of thought in modern society tends to downplay social relationships, so the status of traditional weddings is slowly becoming less important. In this case, as a modern person who has accepted a weaker ideology of social relations, he does not have to mind the criticism of relatives and friends. Of course, criticizing other people's lives is a bad attack, and it has nothing to do with whether or not to have a wedding or even whether to get a license.
Personally, I think that the subject needs to be indignant about the unwarranted interference and responsibility of others in his own life, rather than the more important issue of getting a wedding ceremony and obtaining a license.
...... aboveIt may not be so helpful for the subject to accuse the "ignorant people" around him, if you don't want to hear such an answer, please ignore it.
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Hello! I'm glad to have your question, read the description of your problem, you only received a marriage certificate, and you haven't had a banquet, so whether you are married or not, in fact, as long as you have received a marriage certificate, then legally speaking, it is already a husband and wife relationship, even if you don't have a banquet, then you are already married, and the banquet is just a ceremony, it doesn't count, if you don't get a marriage certificate, even if you have a banquet, then it can't be regarded as a real marriage, all you say, if you get a marriage certificate, even if you are married, I hope mine can help you, I hope you can.
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Only getting a marriage certificate and not holding a banquet is already a legal husband and wife, as for the wine and the like, it is a formality.
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Since you have received a marriage certificate, but legally speaking, you have been married, but you have not held a banquet, it is for our people in the folk saying, I feel that if you don't have a banquet, you will not be married, but now people's concepts have changed a lot, marriage is a very happy thing, and it must be a very pleasant experience to run a banquet.
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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 for men and 20 years old 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. 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.
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.
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Not counted. Marriage registration is mandatory.
Article 1049 of China's 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. "Marriage registration is a legal and effective procedure for marriage, as long as the marriage registration formalities have been completed and the marriage certificate has been obtained, the marriage is established, and in law it is a legal husband and wife, and is protected by the law.
Regardless of whether the parties have a marriage or not, and whether the parties live together or not, the relationship between them already exists, and the divorce formalities must be fulfilled in order to dissolve the relationship. Guess the group quietly and once there is any dispute between them, they must deal with the problem as husband and wife. If the marriage is not registered, even if both parties consider each other to be husband and wife, including the fact that the marriage has been held, the two have lived together, and the property is shared, these are not recognized by the law, and of course they cannot enjoy the protection of the relationship between husband and wife under the law.
Therefore, although Xiaolin and Xiaoqing held a traditional marriage ceremony and held a banquet, they have not yet established a legal marriage relationship, and they should go through the marriage registration formalities.
Obtaining a marriage certificate should be carefully considered.
In real life, there is also such a situation: some parties have obtained a marriage certificate on the grass ear residue rate without fully understanding each other because of the division of the unit and the settlement of the household registration. After that, there is often a divorce in a short period of time because the parties are not suitable.
Here, we remind readers that obtaining a marriage certificate means that the marriage or bend is validly established, and marriage is a major event in life, and you must not leave the marriage in a hurry because of some material interests, causing misfortune to your married life. Therefore, obtaining a marriage certificate should be carefully considered.
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Holding a banquet without a marriage certificate is not a scumbag of marriage, and it is not protected by the law, it is just a cohabitation relationship, and it is not legal to say it, so it is a husband and wife in the true sense of the law who must get a marriage certificate.
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Only if both parties have received a marriage certificate, they are legal husband and wife, and if they do not receive a marriage certificate, they are not protected by the law. If the act of setting up the banquet is before February 1, 1994, the marriage is valid, and the de facto marriage is valid. After 1 February 1994, legal marriages were practiced, and marriage was not considered marriage without a marriage certificate.
If you want to get divorced, according to the interpretation of the Supreme People's Court, you must first get married, otherwise, it will be treated as the dissolution of the cohabitation relationship. At present, the definition of de facto marriage in China must have several elements: 1. There is a de facto husband and wife relationship; 2. There is a de facto husband and wife family life; 3. This kind of husband and wife relationship and husband and wife family life need to continue for more than 3 consecutive years.
Legal basis: Article 8 of the Marriage Law.
A married man and a woman must register their marriage in person at the marriage registration office. Where the sale complies with the provisions of this Law, it 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.
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If you don't get a marriage certificate after holding a banquet, legally speaking, it is not Hengqin's marriage.
Only when both parties obtain a marriage certificate can the marriage be protected by law, and holding a banquet is only a form of marriage and has no legal effect.
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It is not a formal marriage that only handles the wedding banquet without completing the formalities of the marriage registration bureau. Because only when both parties go to the marriage registration office of the civil affairs department to voluntarily apply for marriage registration and call the wheel clan formalities, and obtain a certificate of marriage, can they be protected by law.
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Legally, it does not belong to marriage, because without a marriage certificate, it is not recognized by the law, and the banquet is just a form and is not binding.
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Holding a banquet without a marriage certificate is not a marriage, and such a form of marriage is not protected by the law of trust. Once one party does not want to continue to maintain the marriage and regrets the marriage, it is difficult for the other party to defend his rights even if he goes to the court to sue him.
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Although it is said that you have not received a marriage certificate, but you have already formed a de facto marriage Maybe you have already lived together after holding a banquet, so it has become a de facto marriage. It's just that there is no marriage certificate.
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It is a marriage, and there is a de facto marriage. However, there is no legal protection without a certificate. It can also be married.
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It belongs to marriage. But you need to have time to get the certificate after that. can be regarded as a marriage protected by law.
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It does not belong to marriage, and a marriage certificate must be issued to count.
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If you only hold a banquet and don't get a marriage certificate, you don't get married. The Civil Code stipulates that both a man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. The marriage relationship is established after the marriage is registered.
A man and a woman who have not registered their marriage but live together as husband and wife are in a cohabitation relationship and are not protected by law.
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.
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Hello, this depends on the specific time of your banquet.
1.If it is before February 1, 1994 and both the man and the woman have met the substantive requirements for marriage, it shall be treated as a de facto marriage. The home-to-family lawyer reminds that de facto marriages only existed before February 1, 1994, and that de facto marriages did not exist after that.
2.If it is only a banquet after February 1, 1994 and does not obtain a license, it is not considered a marriage. At this time, a legal marriage relationship must be established, and the conditions must be met and the marriage must be registered.
Article 7 of the Interpretation of the Marriage and Family Section of the Civil Code (1): A man and a woman who have not registered their marriage in accordance with Article 1049 of the Civil Code and live together in the name of husband and wife shall be treated differently if they file a lawsuit for divorce
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 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, the people's court shall inform them to re-register the marriage.
Where marriage registration has not been completed, it is to be handled in accordance with article 3 of this interpretation.
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Legal analysis: Just holding a banquet without a license is considered marriage, in our country, just handling a banquet without a marriage certificate is not considered marriage, the basis for being married in my country is to go to the Civil Affairs Bureau or the marriage registration office of the town people ** for marriage registration. Therefore, a marriage will only be considered legally married if it has been licensed.
Marriages that are only held with a banquet are not recognized in the law of our country.
Legal basis: Article 1040 of the Civil Code of the People's Republic of China Article 9 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.
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