What does de facto marriage mean?

De facto marriage refers to the fact that both men and women subjectively have the purpose of permanent life, and objectively have the fact that they live together in the name of husband and wife without being registered by the marriage registration authority and obtaining a marriage certificate. De facto marriage is a concept corresponding to legal marriage, that is, a sexual relationship established according to the agreement of the parties and the fact of living together, which is a factual state of marriage.

Legal marriage came into being after the marriage relationship was brought into its adjustment scope by law. Because the law stipulates the conditions for the conclusion of marriage, the content of marriage, the rights and obligations of marriage to both parties, and marriage has legal significance, only sexual relations that meet the legal conditions will be legally recognized as marriage relations. Marriage is a de facto marriage before it is regulated by law.

1, the characteristics of de facto marriage are as follows:

(1) Men and women in a de facto marriage should have no spouses, and those who have spouses will become de facto bigamy;

(2) The parties to a de facto marriage have the purpose of marriage and the form of living together. Whether men and women are spouses is an important difference in content between de facto marriage and other non-marital relationships;

(3) The marital status of men and women in de facto marriage is open. That is, living together in the name of husband and wife is recognized by people around;

(4) The parties to the de facto marriage failed to perform the marriage registration procedures. There is no statutory marriage registration requirement, which is the main symbol of the difference between de facto marriage and legal marriage.

Second, what is the effect of de facto marriage? The effects of de facto marriage are as follows:

1. The effect of de facto marriage in China has the same legal effect as that of registered marriage;

2. Those who live together in the name of husband and wife without marriage registration can be legally recognized and protected retroactively, that is, both men and women can re-register their marriage, and the marriage is valid after registration;

3. If the marriage is not registered, the de facto marriage is invalid, which can be treated as dissolution of cohabitation. What is a de facto marriage? What is the so-called de facto marriage?

At present, the law does not recognize de facto marriage, which means that this kind of marriage is not protected by law.

According to the law, people who live together in the name of husband and wife without marriage registration belong to cohabitation.

In case of property or other disputes between two people, the law will deal with them according to the cohabitation relationship.

Legal basis:

Article 1046 of the Civil Code of People's Republic of China (PRC) stipulates that marriage should be entirely voluntary by both men and women, and it is forbidden for either party to force the other, and no organization or individual may interfere.