Is there a de facto marriage in the new marriage law of 2019?

There are still de facto marriages in many remote mountain areas. A de facto marriage refers to a man and a woman without a spouse who live together in a spouse relationship without registration of marriage, and the masses also consider it to be a union between the sexes. De facto marriages have long been abundant in our country. In the vast rural areas, especially in remote areas, de facto marriages even account for 60% to 70% of the total number of local marriages. The main reasons for this situation are :

(1) The influence of traditional customs. Many folks in our country have popular ritual marriages. As long as a wedding is held and their relatives and friends recognize it, they are married, and there is no need to perform legal procedures.

(2) Marriage registration is inconvenient. According to the Regulations on the Administration of Marriage Registration, the marriage registration management organ is a civil affairs department of a street office or a municipal people s government with no districts in the city and a township, ethnic township, and town people s government in the countryside. However, China has a vast territory, and it is difficult to register marriages in areas with remote locations and inconvenient transportation.

(3) The registration system is not complete. For example, some parties can t register due to the absence of clerks at the marriage registration authority. Some raise the legal age of marriage without authorization, so that the parties legal rights cannot be realized.

(5) Legal propaganda is not enough. People have a weak concept of the legal system and lack of understanding of the importance of marriage registration. Some people do not have the marriage conditions stipulated by the law. In order to evade the state s management and supervision of marriage, they intentionally fail to register, resulting in a de facto state of marriage.

The effectiveness of de facto marriage has always been an important issue in legal circles. Some people believe that the recognition of de facto marriage will inevitably undermine the marriage registration system. Therefore, those who do not register marriage should be clearly defined as invalid marriages . The Several Opinions of the People s Court on Hearing of Cohabitation in the Name of Husband and Wife without Hearing Marriage Registration promulgated by the Supreme People s Court stipulates: Before the implementation of the marriage registration measures on March 15, 1986, cohabitation in the name of husband and wife without marriage The masses also believe that it is a spouse relationship. If both parties meet the legal conditions for marriage at the time of prosecution or prosecution, they can be regarded as de facto marriages; if they do not meet the legal conditions of marriage at the time of prosecution or prosecution, they should be considered illegal cohabitation. Relationship. From the date of the implementation of the new marriage registration management regulations (October 1, 1994), they lived together in the name of a spouse without marriage registration, and were treated as an illegal cohabitation relationship.

Marriage is not a one-man show. We must understand life and understand and tolerate each other. True love is just two simple people, just watching each other slowly grow old.

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