Identification Standards and Legal Consequences of De Facto Marriage
Source:Judicial Case Research Institute
Author:First Civil Division of the Supreme People's Court
Release Time:2026-07-21
According to relevant judicial interpretations, before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on Marriage Registration Management" on February 1, 1994, if both parties have met the substantive requirements for marriage, it is treated as a de facto marriage. After this date, if parties meet the substantive requirements, the court shall inform them to complete marriage registration; those who fail to do so are treated as cohabitation relationships. Parties in a de facto marriage are subject to the provisions on the rights and obligations of spouses, while cohabitation relationships are not.