At the present stage, there is no statement of de facto marriage in China. Legally, de facto marriage is not protected by the relevant laws of China, and can be separated directly from matters within the cohabitation after consultation, without going to any department for divorce related procedures.
Interpretation of Marriage Law
（1） Article 5: Men and women who live together in the name of husband and wife without going through marriage registration in accordance with the provisions of Article 8 of the Marriage Law shall be treated differently if they sue to the people's court for divorce:
（1） Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration issued by the Ministry of Civil Affairs on February 1, 1994, if both men and women have met the substantive requirements of marriage, they shall be treated as de facto marriages;
（2） After the promulgation and implementation of the Regulations on the Administration of Marriage Registration issued by the Ministry of Civil Affairs on February 1, 1994, if both men and women meet the substantive requirements of 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 treated as the dissolution of cohabitation relationship.
