Several Opinions on the Supreme Court's Trial of Cases of Marital Cohabitation without Registration of Marriage
Guide: When people's courts try to live together as husband and wife in the name of marriage without registering for marriage, they should first seriously point out the illegality and harmfulness of their actions to both parties, and give them criticism, education or civil sanctions according to their violations.
When a people's court tries a case where the couple lives together in the name of a husband and wife without registering for marriage, they should first seriously point out the illegality and harmfulness of their actions to the two parties, and give them criticism, education, or civil sanctions according to their violations. However, based on the reasons for the formation of such "marriage" relationships and the specific circumstances of the case, in order to protect the legitimate rights and interests of women and children, it is beneficial to the stability of marriage and family relations, to maintain stability and unity, and to conditionally recognize its facts within a certain period of time. Marriage relationship is in line with reality. To this end, we put forward the following opinions on the trial of such cases in accordance with legal regulations and trial experience:
》施行之前，未办结婚登记手续即以夫妻名义同居生活，群众也认为是夫妻关系的，一方向人民法院起诉“离婚”，如起诉时双方均符合结婚的法定条件，可认定为事实婚姻关系;如起诉时一方或双方不符合结婚的法定条件，应认定非法同居关系。 1. Prior to the implementation of the " Marriage Registration Measures " on March 15, 1986, the two people lived together in the name of a spouse without going through marriage registration procedures, and the masses also considered a spouse relationship. One party filed a lawsuit with the people's court for "divorce". Meeting the legal conditions for marriage can be considered a de facto marriage relationship; if one or both parties do not meet the legal conditions for marriage at the time of prosecution, an illegal cohabitation relationship should be determined.
2. After the "Marriage Registration Measures" came into effect on March 15, 1986, they lived together in the name of a spouse without going through marriage registration procedures. The masses also believed that they were in a spouse relationship. One party filed a lawsuit with the people's court for "divorce", as if both parties were Meeting the legal conditions for marriage can be regarded as a de facto marriage relationship; just as one or both of the parties in time do not meet the legal conditions for marriage, they should be regarded as illegal cohabitation relationships.
3. Since the implementation of the new Marriage Registration Management Regulations of the Ministry of Civil Affairs, cohabitation in the name of a husband and wife shall occur without marriage registration, and they shall be treated as illegal cohabitation.
4. After the divorce, the two parties have not remarried, failed to complete the remarriage registration procedures, and live together as husband and wife. If one party sues for "divorce", the illegal cohabitation relationship should generally be lifted.
5. The party who has registered marriage has formed a de facto marriage relationship with a third person, or the party who has registered a marriage with a third person has registered a marriage with the third person, or the party who has registered a factual marriage has formed a new de facto marriage relationship with a third person. If a party to the previous marital relationship asks for the crime of bigamy, whether the behavior constitutes a bigamy crime or not, the latter marriage should be terminated. If a party to the previous marital relationship requests a divorce, it shall mediate or make a judgment based on the specific circumstances of the marriage relationship.
6. In the case of divorce in factual marriage relationship, mediation should be conducted first. If the mediation is reconciled or withdrawn, the marriage relationship is confirmed to be valid, and a mediation or ruling letter is issued. After mediation cannot be reconciled, mediation or judgment shall be granted for divorce.
7. For men and women living together in the name of a husband and wife without registration of marriage, one party requests "divorce" or terminates the cohabitation relationship. If it is found to be illegal cohabitation relationship, they shall be released by judgment.
8. The people's courts should try to resolve cases involving illegal cohabitation, if they involve the raising of children born out of wedlock and the division of property. In the specific division of property, the interests of women and children shall be taken into consideration, the actual situation of the property and the degree of fault of both parties shall be taken into consideration to properly divide the property.
9. When the illegal cohabitation relationship is lifted, which of the children born out of wedlock will be raised by both parties, and the two parties negotiate. If the negotiation fails, the child's interests and the specific circumstances of the two parties shall be judged. In principle, the child during breastfeeding should be judged. If the parent is in good condition and the mother agrees, it can also be raised by the father. If the child is a person with limited capacity for civil conduct, the child's own opinion should be sought. One party will send the minor child for adoption, and the consent of the other party must be obtained .
10. When the illegal cohabitation relationship is lifted, the income and property purchased by both parties during the cohabitation life shall be treated as common property. Before cohabitation life, the property that one party voluntarily gifted to the other party may be treated in the same way as the gift relationship; Property can be handled with reference to the spirit of Article (18) of the Supreme People's Court (84) Fabanzi No. 112 "Opinions on the Implementation of Certain Issues in Civil Policies and Laws".
11. When the illegal cohabitation relationship is lifted, the claims and debts formed during the period of cohabitation for common production and living can be treated as common claims and debts.
12. When the illegal cohabitation relationship is lifted, if one party suffers from a serious illness during the common life and is not cured, the property shall be properly cared for or the other party shall provide one-time financial assistance.
13. When one party dies during the cohabitation life, the other party requires the inheritance of the deceased. If the factual marriage relationship is determined, the spouse status may be dealt with in accordance with the relevant provisions of the inheritance law. , Can be handled according to the specific circumstances of mutual assistance.
14. When a people's court is trying a case where the couple lives together in the name of a husband and wife without registering for marriage, the violation of the law is serious and should be in accordance with the Marriage Law, the General Principles of the Civil Law, the "Opinions on the Implementation of Several Issues" and other relevant laws and regulations Give appropriate civil sanctions.
15. This Opinion shall be implemented as of the date of promulgation. Any previous provisions of the Supreme People's Court that conflict with this opinion shall be implemented in accordance with this opinion.