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Hello, I want to ask my parents how to apply for a marriage certificate if they do not apply for a household registration certificate

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Hello, I want to ask my parents how to apply for a marriage certificate if they do not apply for a household registration certificate


        

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  • 2024-06-20 08:00:01

    If the household registration is not given, it can only be handled through prosecution, which is an act of interference with the freedom of marriage. According to Article 3 of the Marriage Law of the People's Republic of China, arranged marriages, commercial marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to ask for property through marriage. Bigamy is prohibited. Persons with spouses are prohibited from cohabiting with others. Domestic violence is prohibited. Abuse and abandonment among family members are prohibited.
    Article 5: Marriage must be completely voluntary, and neither party is allowed to force the other or any third party to interfere. Extended information: legal conditions for marriage Marriage Law
    Article 6: The age of marriage shall not be earlier than 22 for men and 20 for women. Late marriage and late childbirth should be encouraged.
    Article 7 Marriage is prohibited under any of the following circumstances:
    (1) Direct blood relatives and collateral blood relatives within three generations;
    (2) Suffering from a disease that is medically considered unfit for marriage. Registration requirements: (Basis: Marriage Registration Regulations) Article 6: The marriage registration authority shall not register a party who has gone through marriage registration under any of the following circumstances: (1) under the legal age for marriage; (2) Non voluntary;
    (3) One or both parties have spouses;
    (4) Being directly related by blood or collateral related by blood within three generations;
    (5) Suffering from a disease that is medically considered unfit for marriage. The Guiding Opinions of Shenzhen Intermediate People's Court on Trial of Marriage Cases in 2006 (for trial implementation) 17. The following elements should be identified as the substantive elements of marriage as stipulated in the Marriage Law:
    1. Both spouses must marry voluntarily;
    2. Both spouses must reach the legal age;
    3. Both spouses are not direct relatives by blood or collateral relatives within three generations;
    4. Neither spouse has any disease that is medically considered not to be married. Article 17 and Article 17 of the 2006 Shenzhen Intermediate People's Court's Instruction on the Trial of Marriage Cases (Trial) are explanatory provisions on how to understand the substantive elements of marriage. Article 8 of the Marriage Law, supplemented by the law, stipulates the system of supplementary marriage registration. Article 4 of the Interpretation of the Marriage Law (I) clearly stipulates that after supplementary marriage registration, the effect of registration should be traced back to the cohabitation period when both parties have the substantive elements of marriage. Therefore, understanding the substantive essence of marriage is the key to determining the effectiveness of marriage. The main purpose of this article is to solve the practical problem of whether premarital cohabitation meets the substantive requirements of marriage. Articles 5, 6 and 7 of the Marriage Law stipulate the substantive elements of marriage, including (1) positive elements:
    (1) Both men and women must marry voluntarily;
    (2) Must reach the legal age of marriage: (2) Negative elements: (1) Has a spouse; (2) Belonging to direct blood relatives or collateral blood relatives of three generations;
    (3) Suffering from a disease that is medically considered unfit for marriage. The common situation in trial practice is premarital cohabitation, which is just a factual state of cohabitation. The two parties have not reached an agreement to become a husband and wife, so this kind of cohabitation relationship does not meet the substantive requirements of marriage. The act of registering marriage after cohabitation for a period of time does not belong to the act of supplementary registration, and the effect of marriage relationship cannot be traced back to the period of cohabitation. The most important difference between such cohabitation relationship and de facto marriage is that de facto marriage refers to the cohabitation of men and women who have no spouse and live in a conjugal relationship without marriage registration, which is considered by the public as a conjugal relationship. However, the premarital cohabitation relationship does not live together in the name of husband and wife, and the premarital cohabitation relationship does not fall within the scope of legal adjustment and is not protected by law. If the party concerned files a lawsuit to terminate the premarital cohabitation relationship, the people's court shall not accept it, except for the cohabitation of a spouse with another person.

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