Notable Regulations Regarding the Case of a Man and a Woman Cohabiting as Husband and Wife Without Marriage Registration
A man and a woman who are eligible for marriage under the 2014 Law on Marriage and Family but cohabit as husband and wife without marriage registration shall not give rise to rights and obligations between husband and wife.
Settlement of property relations, obligations, and contracts in cases where a man and a woman cohabit as husband and wife without marriage registration:
– Property relations, obligations, and contracts between a man and a woman cohabiting as husband and wife without marriage registration shall be settled based on the agreement of the parties; in the absence of such agreement, they shall be settled in accordance with the Civil Code and other relevant laws.
– The settlement of property relations must ensure the lawful rights and interests of women and children; housework and other work related to the maintenance of the shared life shall be considered as income-generating labor.
In cases where there is no marriage registration but a request for divorce is filed, the Court shall accept the case and declare non-recognition of the husband-and-wife relationship; if there are requests concerning children and property, such matters shall be resolved in accordance with Articles 15 and 16 of the 2014 Law on Marriage and Family.
Note: In cases where a man and a woman do not have marriage registration but request a divorce, there shall be no conciliation procedure as applicable to legally registered marriages.
In cases where the parties agree not to continue cohabiting without requesting settlement by the Court, but one party later wishes to enter into marriage, a certificate of single status must be obtained. However, if they had previously been certified as cohabiting as husband and wife, the Court must be requested to declare non-recognition of the husband-and-wife relationship.
Legal Grounds:
Articles 14, 15, 16, and 53 of the Law on Marriage and Family 2014.
