Is it a real marriage to have a child without a marriage certificate?

What about marriage? You are not protected by the law, including the division of property, but you are obligated to raise and educate your children. So, the marriage certificate is not just a piece of paper, it is the greatest protection and maintenance of your rights in life, you have a child without getting married, how reckless you should be, how naïve and naïve, when you encounter something, you know, Once a man changes his mind, how painful and helpless he is.

A legal relationship between husband and wife can only be established if a marriage certificate is obtained. After giving birth to a child, they can only be the parents of the child, and living together can only be a cohabitation relationship. A child can only be considered illegitimacy, but can inherit the inheritance of his or her biological parents in the future.

If it is legally, we only recognize the marriage certificate, and only the marriage certificate can prove that the two of you are a real husband and wife. There is a marital relationship. But some places don't look at this place, like those mountainous areas, they only look at whether you have a banquet or not, whether you invite someone else.

When you set a banquet for others, it means that you have to tell everyone. We're married. At this time, everyone will recognize that you are a real husband and wife.

But this is just a folk tradition. Therefore, I want to legally recognize your relationship, so I also need you to get a marriage certificate.

Where a man and a woman who have not completed marriage registration in accordance with the provisions of the Marriage Law and live together in the name of husband and wife, and file a lawsuit with the people's court for divorce, they shall be treated differently:

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 a man and a woman have met the substantive requirements for marriage, it shall 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 the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to make up the marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

Now the law does not recognize de facto marriages, but child support is required.

Legal analysis: This situation of unmarried childbirth is not considered a de facto marriage, there is no such concept of de facto marriage in China's marriage registration system, as long as the marriage certificate is not obtained, even if a child is born, it is an illegal cohabitation, and the child is an illegitimate child, and a citizen who has not reached the age of marriage cohabits in the name of husband and wife, or a party who meets the conditions for marriage cohabits in the name of husband and wife without registration, and its marriage relationship is invalid and not protected by law.

Legal basis: Civil Code of the People's Republic of China

Article 1046: Marriage should be completely voluntary between a man and a woman, and neither party is allowed to coerce the other, nor is it forbidden for any organization or individual to 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.

As long as a marriage certificate is not obtained, even if a child is born, it is illegal for God to live together, and if a child is born out of wedlock, a citizen who has not reached the age of marriage cohabits in the name of husband and wife, or a party who meets the conditions for marriage cohabits in the name of husband and wife without registration, and his marriage relationship is invalid and is not protected by law. ”

1. Conditions for marriage registration.

1. Both men and women must be completely voluntary.

Article 1046 of the Civil Code (effective as of January 1, 2021) stipulates that marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to force the other party or any organization or individual to interfere.

This provision is the embodiment of the principle of freedom of marriage and is a necessary and primary condition for marriage. The six words "both parties are completely consensual" between men and women are an inseparable whole. First of all, marriage must be consensual, not wishful thinking, and one party is not allowed to force the other; secondly, it is the transfer of one's own volition, not according to the will of others, and parents and other third parties are not allowed to arrange it; Thirdly, it is completely voluntary, rather than reluctantly agreed, which excludes a situation where one or both parties are semi-voluntary and semi-accommodating.

There shall be no coercion by either party or interference by any third party", which is a complement and emphasis on "the complete voluntariness of both men and women". The former provision affirms the positive side, while the latter stipulates the restriction from the negative side.

2. Must reach the legal age of marriage.

Article 1047 of the Civil Code: The age of marriage shall not be earlier than 22 years old for men and 20 years old for women.

The legal age of marriage refers to the minimum age at which a man and a woman can get married. If one of the parties is below the legal age of marriage, they shall not marry; Marriage is not allowed until it is at or above the legal age of marriage. Such a stipulation has a full scientific basis and is completely in line with China's actual situation.

3. Must conform to monogamy.

Article 1041 of the Civil Code: Marriage and family are protected by the State. Freedom of marriage, monogamy, and equality between men and women are practiced. Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.

Therefore, when examining the marriage application, it is necessary to strictly grasp this condition and carefully verify it. To apply for marriage, you must be unmarried or widowed or divorced to avoid bigamy.

Legal Analysis]: Having children without a marriage certificate is not a de facto marriage. At present, there is no such thing as a de facto marriage in China, and if there is a child without marriage registration, it is not a de facto marriage, but an illegal cohabitation relationship, and the parties need to go through the marriage registration procedures or make up the marriage registration.

Whether a de facto marriage without a marriage certificate and having children is still a matter of fact, it still needs to be analyzed on a case-by-case basis. The conditions for a de facto marriage to be established are as follows:

1. Cohabitation of both men and women. 2. Cohabitation is carried out in the name of husband and wife. 3. The cohabiting parties have met the substantive requirements for marriage at the time of cohabitation before February 1, 1994.

The so-called substantive elements of marriage are the conditions that must be met by both men and women to establish a husband and wife relationship, including: 1. Both parties have reached the legal age of marriage (22 males and 20 females), both parties are willing to marry, neither party has a spouse and does not belong to the direct blood relatives or collateral blood relatives within three generations, and does not suffer from diseases that Zheng Biqin medically believes should not be married.

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 in person to the marriage registration authority for registration of marriage. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued.

The completion of the marriage registration means that the marriage relationship is established. Where marriage registration has not been completed, the registration shall be re-registered.

In order to constitute a de facto marriage, several elements must be met: neither party has a spouse, otherwise it constitutes de facto bigamy and not a de facto marriage; The parties shall live together in the name of husband and wife for a long time and stably; Both parties have the necessary conditions to establish a relationship between husband and wife, such as reaching the legal age of marriage, etc.; As long as the above provisions are met, the existence of a de facto marriage can be legally established.

Legal basis: Article 200 of the Criminal Law of the People's Republic of China Article 58 Whoever has a spouse and marries him, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

Article 1054 of the Civil Code of the People's Republic of China 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 the agreement fails, the People's Court shall make a judgment in accordance with 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.

Legal analysis: If you have a marriage certificate and give birth to a child in Wuluwan, you will not be protected by the law, that is, there is no de facto marriage. Because the law stipulates that a man and a woman who are married should apply for marriage registration in person at the marriage registration office, there is no marriage without marriage registration.

Legal basis: Article 1049 of the Civil Code of the People's Republic of China stipulates that both men and women who wish to marry shall apply for marriage registration in person at the registration authority before the marriage. 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.