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Several Cases of People's Courts Adjudicating Cases of Cohabitation in the Name of Husband and Wife without Marriage Registration
Time:2025-09-01 Views:1859
(Law (Civil) No. 38 of December 13, 1989)
Local people's courts at all levels, military courts at all levels, intermediate and grassroots courts for railway transportation, and maritime courts throughout the country;
We are now sending you the "Several Specific Opinions on How People's Courts Determine the Termination of Marital Relationships in Divorce Cases" and "Several Opinions on People's Courts Adjudicating Cases of Cohabitation in the Name of Husband and Wife without Marriage Registration". Please follow the execution and pay attention to summarizing experience during the execution. If you have any opinions or problems, please report them to our court in a timely manner.
enclosure:
Regarding the People's Court's Trial of Unfinished Marriage Registration
Several opinions on cases of cohabitation in the name of husband and wife
(November 21, 1989)
The people's court should first seriously point out the illegality and harmfulness of the behavior of cohabiting in the name of husband and wife without obtaining marriage registration, and give criticism, education or civil sanctions according to the severity of the illegality. However, based on the complex reasons for the formation of such "marriage" relationships and the specific circumstances of the cases, in order to protect the legitimate rights and interests of women and children, promote the stability of marriage, and maintain stability and unity, it is practical to conditionally recognize the facts within a certain period of time. Therefore, based on legal provisions and judicial practice experience, we propose the following opinions on the trial of such cases:
Before the implementation of the Marriage Registration Measures on March 15, 1986, if a couple cohabited in the name of husband and wife without completing the marriage registration procedures, and the public also considered it a marital relationship, one party filed a lawsuit for "divorce" in the people's court. If both parties meet the court conditions for marriage at the time of filing the lawsuit, it can be recognized as a factual marriage relationship; If one or both parties do not meet the legal requirements for marriage at the time of prosecution, the illegal cohabitation relationship should be recognized.
After the implementation of the Marriage Registration Measures on March 15, 1986, if a person cohabits in the name of husband and wife without completing the marriage registration procedures, and the public also considers it a marital relationship, one party may sue the people's court for "divorce". If both parties meet the legal conditions for marriage during cohabitation, it can be recognized as a factual marriage relationship; If one or both parties do not meet the legal conditions for marriage during cohabitation, it should be recognized as an illegal cohabitation relationship.
From the implementation of the new Marriage Registration Management Regulations of the Ministry of Civil Affairs, cohabiting in the name of husband and wife without marriage registration shall be treated as an illegal cohabitation relationship.
If both parties have not remarried after divorce, have not completed the procedures for remarriage registration, and have lived together in the name of husband and wife, and one party sues for "divorce", their illegal cohabitation relationship should generally be terminated.
5. If one party to a registered marriage forms a de facto marriage relationship with a third party, or if one party to a de facto marriage relationship registers a marriage relationship with a third party, or if one party to a de facto marriage relationship forms a new de facto marriage relationship with a third party, and one party to the previous marriage relationship requests to be held accountable, regardless of whether their behavior constitutes bigamy, the subsequent marriage relationship shall be terminated. If one party to the previous marriage relationship requests to handle the divorce issue, mediation or judgment should be made based on the specific circumstances of their marriage relationship.
6. In the trial of divorce cases involving factual marriage relationships, mediation should be conducted first. If the marriage relationship is reconciled or the lawsuit is withdrawn through mediation, the validity of the marriage relationship should be confirmed and a mediation or ruling should be issued. If mediation fails to reconcile, divorce should be granted through mediation or judgment.
7. For men and women who live together in the name of husband and wife without marriage registration, if one party requests "divorce" or termination of the cohabitation relationship, and it is confirmed that it is an illegal cohabitation relationship, a judgment should be made to terminate it uniformly.
8. When the people's court hears cases of illegal cohabitation, if it involves custody and issues, they should be resolved together. When dividing property, consideration should be given to the interests of women and children, taking into account the actual situation of the property and the degree of fault of both parties, and dividing it properly.
When terminating an illegal cohabitation relationship, the child born out of wedlock to both parties shall be raised by either party through consultation. If consultation fails, a judgment shall be made based on the interests of the child and the specific circumstances of both parties. Children who are breastfeeding should generally be raised by the mother. If the father's conditions are good and the mother agrees, they can also be raised by the father. If the child is a person with limited capacity for civil conduct, the opinion of the child should be sought. If one party sends a minor child for adoption, the consent of the other party must be obtained.
10. When terminating an illegal cohabitation relationship, the income and property jointly acquired by both parties during the cohabitation period shall be treated as general shared property. Prior to cohabitation, property voluntarily gifted by one party to the other party may be treated similarly to a gift relationship; The property demanded by one party from the other party may be handled in accordance with the spirit stipulated in Article (18) of the Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws (84) Fa Ban Zi No. 112 of the Supreme People's Court.
11. When terminating a non consensual cohabitation relationship, any creditor's rights or debts formed during the cohabitation period for joint production and living may be treated as joint creditor's rights or debts. [page]
When terminating an illegal cohabitation relationship, if one party suffers from a serious illness that has not been cured during the period of cohabitation, appropriate care should be taken when dividing the property, or the other party should provide one-time economic assistance.
13. If one party dies during cohabitation and the other party requests to inherit the deceased's estate, and if a factual marriage relationship is established, the spousal status can be handled in accordance with the relevant provisions of the Inheritance Law; If it is determined that there is an illegal cohabitation relationship and it meets the requirements of Article 14 of the Inheritance Law, it can be handled according to the specific situation of mutual assistance.
When the people's court hears cases of cohabitation in the name of husband and wife without marriage registration, if the illegal circumstances are serious, appropriate civil sanctions should be given in accordance with the relevant provisions of the Marriage Law, the General Principles of Civil Law, the Opinions on Implementing the General Principles of Civil Law, and other laws and regulations.
15. This opinion shall come into effect from the date of its promulgation. Any past regulations of the Supreme People's Court that conflict with this opinion shall be executed in accordance with this opinion. Sichuan Faneng Law Firm is dedicated to serving you.