Factual marriage, as a form of marriage relationship, refers to the marriage formed by the cohabitation of husband and wife without marriage registration according to the law. If the cohabitation relationship between the two parties began 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, and both parties have met the substantive requirements of marriage before February 1, 1994, it shall be treated as a de facto marriage. The cohabitation relationship refers to the gender relationship formed by both men and women without spouses living together in the name of husband and wife or cohabiting with others when they have not gone through marriage registration and do not meet the substantive conditions for marriage. The cohabitation relationship includes two situations: one is that both parties have no spouse, do not go through marriage registration, and do not meet the substantive conditions of marriage, and cohabit in the name of husband and wife; The second is the cohabitation of a married person with another person, that is, a spouse and the opposite sex outside marriage, not in the name of the husband and wife, live together continuously and stably. It must meet five conditions: with the opposite sex outside marriage, not in the name of the husband and wife, continue for a long time, be stable in state, and live together.
2、 The law stipulates that the Supreme People's Court's Interpretation of Several Issues Concerning the Application of the Marriage Law
（1） Article 5 of the Marriage Law stipulates that "men and women who live together in the name of husband and wife without going through marriage registration in accordance with Article 8 of the Marriage Law shall be treated differently if they sue to the people's court for divorce:
（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 has not been completed, it shall be treated as the dissolution of the cohabitation relationship. "
