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How to deal with divorce without marriage registration

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How to deal with divorce without marriage registration


        

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  • 2024-06-19 13:01:44

    This situation does not belong to de facto marriage, it belongs to illegal cohabitation, and there is no problem of divorce. Those who do not meet the requirements of de facto marriage or are unwilling to make up for it are cohabitation relationships, which can be dissolved by themselves without the need to terminate the relationship through the civil affairs department or the court. If there is a dispute over the division of cohabitation property, it may also bring a lawsuit to the court.
    According to Article 7 of the Opinions of the Supreme People's Court on the People's Court's Trial of the Case of Living Together in the Name of Husband and Wife without Marriage Registration, it is clearly stipulated that if one of the men and women who live together in the name of husband and wife without marriage registration requests for 'divorce' or dissolution of the cohabitation relationship, and it is verified that it is illegal cohabitation relationship, they shall all be dissolved by judgment.

    Legal basis:

    Article 1087 of the Civil Code: At the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party. The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.

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    2024-06-19 13:01:44

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