In our daily life, sometimes we encounter some special circumstances, such as holding a banquet but not receiving a marriage certificate. In this case, what should the parties do if they want to dissolve the marriage?Falicha will answer this question for you in a popular way. Obtain a marriage certificate
According to Article 8 of the Marriage Law of the People's Republic of China, "a man and a woman who wish to marry must apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate establishes the relationship between husband and wife. "As a result, a man and a woman who have not received a marriage certificate are not legally established as husband and wife, and their marriage relationship is not protected by law.
1.Negotiated termination
Since a man and a woman who have not received a marriage certificate are not legally established as husband and wife, the dissolution of their marriage relationship depends mainly on the negotiation of the parties. The parties may negotiate on issues such as the division of property and child support, and after reaching an agreement, the marriage can be dissolved.
2.Dismissal of Litigation
If the parties cannot reach an agreement on the dissolution of the marriage, they may file a lawsuit with the people's court. According to Article 64 of the Civil Procedure Law of the People's Republic of China, "in the event of a dispute over their rights and obligations, the parties may file a lawsuit in the people's court. "In the course of the litigation, the court will make a judgment on the dissolution of the marriage in accordance with the law according to the actual circumstances of both parties.
1.Division of property
Since a man and a woman who have not received a marriage certificate are not legally established as husband and wife, the property acquired by them during the marriage is not part of the joint property of the husband and wife. At the time of dissolution of marriage, the parties shall divide the property in proportion to their respective actual contributions.
2.Child support
If a man and a woman who have not received a marriage certificate give birth to a child during the marriage, the issue of child support needs to be resolved through negotiation between the parties after the dissolution of the marriage. According to Article 36 of the Marriage Law of the People's Republic of China, "after divorce, the nursing child shall be raised by the mother in principle. Children after breastfeeding shall be settled by both parties through negotiation;If negotiation fails, the people's court is to make a judgment based on the rights and interests of the children and the specific circumstances of both parties. ”
In short, the marriage relationship of the banquet without a marriage certificate is not protected by law, and the parties can dissolve the marriage relationship through negotiation or litigation. After the dissolution of the marriage, the parties should deal with issues such as the division of property and the maintenance of children in accordance with the law. I hope that through the introduction of this article, we can help you better understand the method of dissolving the marriage relationship without a marriage certificate.