What if you want a divorce without a certificate?
1. What should I do if I don't get a marriage certificate? If you don't get a marriage certificate, there is no marriage relationship between the two parties, which belongs to cohabitation and there is no divorce. Two. How to dissolve the cohabitation relationship According to Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II), if a party requests to dissolve the cohabitation relationship and bring a lawsuit, the people's court will not accept it. If the husband and wife live together, and one party is worried about the entanglement of the other party and brings a lawsuit to the court to dissolve the cohabitation relationship, the people's court will not accept it and can only resolve it through consultation. However, if one or both parties are married, that is, "a spouse lives with others", the people's court shall accept it; In addition, the court will also accept the lawsuit brought by the parties for property division or child support disputes during cohabitation. III. How to Divide the Property When dissolving the cohabitation relationship, cohabitants can generally divide the property according to the following steps: The first step is to count and evaluate all the property. First determine which belongs to private property and which belongs to * * * owned property. Then the value of the property is estimated and recognized by both parties. The second step is to confirm the property rights of each property, that is, to find out who each property belongs to. In order to live together, and after starting to live together, both parties will buy or own some property together. The most common are furniture, household appliances, real estate, automobiles, bank deposits, stocks, futures, bonds, artworks, antiques, precious pets and flowers. When * * * buys these properties, if the two parties did not make any agreement at that time, theoretically, the property rights should be confirmed as follows: in whose name the property rights are registered and settled, the property rights will belong to whom (such as real estate, cars, bank deposits, artworks, antiques, etc.). ). If registration is not required, in principle, whoever buys it will take care of it. If both parties * * * jointly purchase, use, take care of and keep the property, which is inseparable (such as household appliances, furniture, pets, etc.). ), it should be decided through negotiation that one party will get the property completely and the other party will get the corresponding value compensation (cash, creditor's rights, equity, options, other property ownership, physical objects, etc. ). If the above principles are not applicable, it shall be settled by both parties through consultation. The third step is to divide the property reasonably. If the state reflected by the property right is unreasonable or untrue, both parties should adjust and divide the property right reasonably according to the actual situation. In fact, the best way to solve disputes is to avoid disputes. If the two sides agreed on the ownership of property at the beginning of cohabitation, many disputes in the future can be avoided. In reality, although some people had a wedding, they didn't get a marriage certificate as required. Such a relationship cannot be regarded as a marriage relationship, but can only be treated as a de facto marriage or cohabitation relationship, which means that there is no divorce at this time, and both parties only need to dissolve the current relationship. As far as de facto marriage is concerned, it is also possible to divorce if a marriage certificate is reissued.