On February 1, 1994, the "Regulations on the Administration of Marriage Registration" came into effect, clarifying that the civil affairs departments of local people's governments at or above the county level shall be in charge of the administration of marriage registration within their respective administrative areas, and make provisions on matters related to marriage registration. If a man and a woman who have not registered their marriage in accordance with the law but live together in the name of husband and wife sue the people's court for "divorce", will they all be treated as de facto marriages?
Accordingly, Article 7 of the Judicial Interpretation I of the Civil Code of the Supreme People's Court clearly states that it should be treated differently: before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, if both the man and the woman have met the substantive requirements for marriage, it shall be treated as a de facto marriage. After the promulgation and implementation of the Ministry of Civil Affairs' Regulations on the Administration of Marriage Registration on February 1, 1994, if both a man and a woman meet the substantive requirements for marriage, the people's court shall inform them to re-register the marriage. Where the marriage registration has not been completed, it is to be handled in accordance with the cohabitation relationship. Whether or not a de facto marriage is recognized as a de facto marriage without marriage registration and living together is determined by February 1, 1994.
Since de facto marriages are recognized by law, are de facto marriages treated the same as registered marriages?In fact, there are fundamental differences between the two, which are mainly reflected in the following:
1. The difference in divorce methods.
If the parties to a de facto marriage need to divorce, they can only handle it through litigation, while if the parties to a registered marriage need to divorce, they can first agree to divorce, go through the divorce registration formalities at the Civil Affairs Bureau, or they can directly handle it through litigation.
2. The way in which the court handles the litigation is different.
Article 6 of the Several Opinions of the Supreme People's Court on the Trial by the People's Courts of Cases of Living Together in the Name of Husband and Wife without Marriage Registration (repealed) stipulates that in the trial of divorce cases involving de facto marriage, mediation shall be conducted first, and if the marriage relationship is reconciled or withdrawn through mediation, the validity of the marriage relationship shall be confirmed and a mediation document or ruling shall be issued.
The main reason for the repeal of the above-mentioned provisions is that some of the provisions contradict the existing law, but the people's court's handling of de facto marriages in the judicial interpretation does not conflict with the Civil Code, so the handling of de facto marriages in the above-mentioned judicial interpretations can still be applied by reference. That is, for the parties to a de facto marriage, if the people's court mediates and reconciles in the litigation, the people's court shall issue a mediation document, and if the mediation cannot be reconciled, and one party resolutely requests a divorce, a judgment shall be made to grant the divorce.
However, when handling divorce proceedings related to registered marriage, if the people's court finds that the relationship between the husband and wife has not completely broken down, it will generally rule that the divorce will not be granted in accordance with the law, and if the plaintiff insists on requesting a divorce, he can only sue for divorce for the second time after six months.