1. The concept of living together as husband and wife

According to the provisions of Clause 5, Article 3 of the Law on Marriage and Family 2014, marriage is the fact that a man and woman jointly establish a husband and wife relationship through jointly carrying out the procedures for marriage registration as prescribed. under the law. Thus, only after completing the procedures and obtaining a marriage registration certificate will this marriage relationship be recognized and protected by law.

Therefore, organizations living together, treating each other as husband and wife without marriage registration is considered living together as husband and wife. Specifically, in Clause 7, Article 3 of this Law: “Cohabiting as husband and wife means that a man and a woman organize a common life and consider each other as husband and wife”. Cohabitation is proven through living together, having common property, having children together and being recognized as husband and wife by everyone around. The time when one of the above events occurs will be determined as the time when a man and a woman begin to live together as husband and wife.

2. Consequences of men and women living together as husband and wife

2.1. About marriage relationship

Based on the guidance in Joint Circular No. 01/2001/TTLT-TANDTC-VKSNDTC-BTP, it can be confirmed that not in all cases of man and woman living together as husband and wife are not recognized by law. , As follows:

Case 1: a husband and wife relationship established before January 3, 1987 (the effective date of the 1986 Family Law Law) but not yet registered for marriage, marriage registration is encouraged (marriage registration is not limited to time constraints).

– In case there is a request for divorce, it will be accepted and handled by the court in accordance with the divorce provisions of the Law on Marriage and Family 2000.

– In case after the husband and wife relationship has been established, they only apply for marriage registration, their husband and wife relationship will still be recognized from the date of establishment (the date they start living together as husband and wife), rather than being recognized only from the date of marriage registration.

Case 2: A man and a woman who live together as husband and wife from January 3, 1987 to January 1, 2001, but fully meet the conditions for marriage under this Law, are obliged to register their marriage. for a period of 2 years (from January 1, 2001 to January 1, 2003). Since January 1, 2003 if they do not register their marriage, the law will not recognize them as husband and wife.

– If the marriage is not registered within this time limit, but there is a request for divorce, the Court shall apply the Law on Marriage and Family 2000 to settle it.

– If the marriage is registered between January 1, 2001 and January 1, 2003, the marriage relationship will be recognized from the date on which the parties establish a husband and wife relationship or live together as husband and wife in fact. .

– For marriage registration after January 1, 2003, the husband and wife relationship is recognized as established from the date of marriage registration.

Case 3: a man and woman living together as husband and wife, starting from January 1, 2001 until now, without marriage registration, will not be recognized by law.

The fact that a man and woman fully meet the conditions for marriage as prescribed but live together as husband and wife without marriage registration does not give rise to rights and obligations between husband and wife. In terms of law, the parties are still unmarried; so one or both parties still have the right to register their marriage with another person if the conditions are met, but the other party has no right to object. When the parties have a conflict, violate their rights and obligations, this dispute will be resolved according to civil law like normal subjects.

2.2. About rights and obligations towards children

Although the marriage relationship is not recognized by law, the relationship between parents and children is always protected by law. Therefore, for men and women living together without registering their marriage will not affect their rights and responsibilities towards their children. They can still fully exercise their rights and obligations towards their children such as taking care of, raising and educating their children, etc., according to the provisions of Section I, Chapter V of the Law on Marriage and Family 2014 on rights and obligations. parent and child duties.

2.3. Regarding property relations, obligations and contracts

Property relations, obligations and contracts of men and women living together as husband and wife without marriage registration shall be settled by agreement between the parties; in case there is no agreement, the settlement shall be in accordance with the provisions of the Civil Code and other relevant provisions of law.

The settlement of property relations must ensure the legitimate rights and interests of women and children; Household work and other jobs related to maintaining the common life are considered as income earners.

Above is the advice of Law  Khoa Tin on the issue: “Consequences when men and women live as husband and wife without registering their marriage.”

In case customers have unclear issues or need to discuss further, please contact us at phone number 0983 533 005 for a free consultation.

Best regards./.