The interpretation of marriage law is so complicated, who can explain it briefly to better understand it?

The Marriage Law stipulates that men and women who are not registered for marriage should re-register for marriage, but the law does not clearly stipulate how to deal with those who sue for divorce in court but fail to re-register for marriage. From the original intention of legislation, it should be treated differently according to different situations. Therefore, the Interpretation adheres to the principle of conditional recognition of de facto marriages in previous judicial interpretations, and treats those who do not belong to de facto marriages differently according to specific circumstances. If both men and women are unregistered and file a lawsuit for divorce in a people's court, they shall be informed to re-register their marriage before accepting the case. If it is reissued, the relationship between husband and wife will be recognized from the time when both parties meet the substantive conditions for marriage, and it will be handled according to divorce proceedings; If it is not reissued, it shall be handled as dissolution of cohabitation. This is different from the previous practice of dissolving illegal cohabitation except de facto marriage.

The Marriage Law adds invalid marriage system and revocable marriage system. According to the legislative intent, the interpretation makes specific provisions on the right subject who has the right to apply for annulment of marriage and the right subject who requests annulment of marriage respectively. An application for annulment of marriage on the grounds of bigamy can be made by the close relatives of the parties and grassroots organizations, and an application for annulment of marriage on other grounds can only be made by the close relatives of the parties.

As for the property jointly owned by husband and wife, the interpretation stipulates that both parties have the right to dispose of it. If a punishment decision is made due to the needs of daily life, the decision of either party certainly means that both parties have the same meaning. When a heavy penalty is imposed on * * *, the property is not needed for daily life; Both parties should reach an agreement through consultation. If the other party has reason to believe that the husband or wife's will is the will of both husband and wife, the other party shall not object to a bona fide third party on the grounds of disagreement or ignorance. According to article 18 of the Marriage Law, the premarital property of one spouse is personal property. The Interpretation clearly points out that unless otherwise agreed by the parties, the property legally owned by one spouse will not be converted into the joint property of the husband and wife due to the continuation of the marriage relationship. This is different from the original judicial interpretation.

Visiting right belongs to a substantive right newly granted to the parties in the Marriage Law. If the parties file a separate lawsuit on this issue, the people's court shall accept it according to law. In line with the principle of being conducive to the physical and mental health development of minor children, if it is legally necessary to suspend and resume the exercise of visiting rights, the people's court may, at the request of the obligee, solve it in the form of ruling or notice in the execution procedure.

Article 46 of the Marriage Law stipulates that if one party is at fault and leads to divorce, the innocent party has the right to claim damages. How to exercise this right of claim is clearly stipulated in the Interpretation. First of all, such a request can only be made by an innocent person to his legal spouse, but not to anyone outside the marriage relationship. Secondly, divorce must be caused by the fault of the other party. If you don't file a divorce request or the people's court decides that divorce is not allowed according to law, you have no right to file such a claim for damages or your request cannot be supported. Procedurally speaking, if the divorce is filed by the innocent party, the request must be filed at the same time as the divorce proceedings, otherwise it will be regarded as a waiver of rights. In divorce proceedings in which the innocent party is the defendant, this issue can be raised separately within one year after the divorce or in response to the divorce. If the innocent party makes a request only when the divorce case enters the second instance, the judge should mediate first. If mediation fails, the parties concerned may be informed that they can file another lawsuit within one year after divorce.

Article 1 Domestic violence as mentioned in Articles 3, 32, 43, 45 and 46 of the Marriage Law refers to the behavior that the perpetrator causes certain harm to the body and spirit of his family members by beating, binding, maiming, forcibly restricting personal freedom or other means. Persistent and frequent domestic violence constitutes abuse.

Article 2 The situation of "spouses living together with others" as stipulated in Articles 3, 32 and 46 of the Marriage Law refers to the continuous and stable cohabitation of spouses with the opposite sex outside marriage, not in the name of husband and wife.

Article 3 If a party brings a lawsuit only on the basis of Article 4 of the Marriage Law, the people's court will not accept it; If it has been accepted, it shall be ruled to dismiss the prosecution.

Article 4 If a man and a woman make up the marriage registration in accordance with Article 8 of the Marriage Law, the validity of the marriage relationship shall be counted from the time when both parties meet the substantive conditions for marriage as stipulated in the Marriage Law.

Article 5 If a man and a woman who are not registered for marriage according to Article 8 of the Marriage Law but live together in the name of husband and wife file a lawsuit in a people's court for divorce, they shall be treated differently:

(1) 1 994 February1Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs, if both men and women have met the necessary conditions for marriage, they shall be treated as de facto marriages;

(2) After the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs in February 1994, if both men and women meet the necessary conditions for marriage, the people's court shall inform them to re-register their marriage before accepting the case; If the marriage registration is not handled, it shall be handled as dissolution of cohabitation.

Article 6 If one of the men and women living together in the name of husband and wife dies and the other spouse claims the right of inheritance as stipulated in Article 8 of the Marriage Law, it shall be handled according to the principle of Article 5 of this Interpretation.

Article 7 For a marriage registered in accordance with Article 10 of the Marriage Law, the subjects who have the right to apply to the people's court for cancellation include the parties to the marriage and interested parties. Stakeholders include:

(1) Those who apply for annulment of marriage on the grounds of bigamy shall be the close relatives and grassroots organizations of the parties concerned.

(2) A person who applies for annulment of a marriage on the grounds that he has not reached the legal age for marriage is a close relative of the person who has not reached the legal age for marriage.

(3) A person who applies for annulment of a marriage on the grounds that there is a kinship that prohibits marriage is a close relative of the party concerned.

(4) Those who apply for annulment of marriage on the grounds that they suffered from diseases that are medically unsuitable for marriage before marriage and were not cured after marriage are close relatives who live with the sick.

Article 8 If the parties concerned apply to the people's court for annulment of marriage in accordance with Article 10 of the Marriage Law, and the legally invalid marriage situation has disappeared at the time of application, the people's court shall not support it.

Article 9 The people's court shall make a judgment according to law when trying a case of annulment of marriage, and mediation is not applicable to the trial of the validity of marriage. Once the judgment on the validity of marriage is made, it will take legal effect.

If it involves the division of property and child support, mediation can be conducted. If an agreement is reached through mediation, a mediation agreement shall be made separately. If a party refuses to accept the judgment of property division and child support, he may appeal.

Article 10 "Coercion" as mentioned in Article 11 of the Marriage Law refers to the behavior of the actor who threatens to cause damage to the life, health, reputation and property of the other party or his close relatives, so as to make the other party get married against his true will.

The person who asks for the cancellation of marriage because of coercion can only be the party in the coerced marriage relationship.

Article 11 The people's court shall apply summary procedure or ordinary procedure to the trial of cases in which the parties to a marriage request to cancel their marriage due to coercion.

Article 12 The term "one year" as stipulated in Article 11 of the Marriage Law shall not apply to the suspension, interruption or extension of the statute of limitations.

Article 13 "Ineffective ab initio" as stipulated in Article 12 of the Marriage Law means that an invalid or revocable marriage shall not be protected by law before it is declared invalid or revoked according to law.

Article 14 If, upon the application of the parties, the people's court declares the marriage invalid or annuls the marriage according to law, it shall confiscate the marriage certificates of both parties and serve the effective judgment on the local marriage registration authority.

Article 15 In a marriage that is declared invalid or revoked, the property acquired by the parties during cohabitation shall be regarded as * * * and * * *. Unless there is evidence that it is owned by one party.

Article 16 When a people's court tries an invalid marriage case caused by bigamy, which involves the disposal of property, it shall allow the parties to a legal marriage to participate in the proceedings as a third party with independent claims.

Article 17 Article 17 of the Marriage Law stipulates that "husband and wife have equal rights to dispose of the property owned by husband and wife", which should be understood as:

(1) Husband or wife have equal rights in dealing with marital property. Due to daily needs, either party has the right to decide whether the husband and wife have joint property.

(2) If one of the spouses makes an important decision on the common property of the husband and wife due to the needs of daily life, the husband and wife shall reach an agreement through equal consultation. Others have reason to believe that it was expressed by both husband and wife, and the other party shall not oppose a bona fide third party on the grounds of disagreement or ignorance.

Article 18 The "agreement known by a third party" mentioned in Article 19 of the Marriage Law shall be borne by one of the spouses.

Article 19 The property owned by one spouse as stipulated in Article 18 of the Marriage Law shall not be converted into the joint property of the husband and wife due to the continuation of the marriage relationship. Unless otherwise agreed by the parties.

Article 20 "Children who cannot live independently" as stipulated in Article 21 of the Marriage Law refers to adult children who are still receiving education below senior high school, or who have lost or not completely lost their ability to work due to non-subjective reasons and cannot maintain a normal life.

Article 21 The alimony mentioned in Article 21 of the Marriage Law includes children's living expenses, education expenses, medical expenses and other expenses.

Article 22 When trying a divorce case, the people's court shall comply with the provision of "divorce shall be allowed" in the second paragraph of Article 32, and shall not decide not to divorce because the parties are at fault.

Article 23 As mentioned in Article 33 of the Marriage Law, "one of the soldiers has a major fault" can be judged according to the first three provisions of the second paragraph of Article 32 of the Marriage Law, as well as the situation that the relationship between husband and wife is broken due to other major faults of the soldiers.

Article 24 The effective divorce judgment made by the people's court does not involve the right to visit, and the people's court shall accept it if the parties file a separate lawsuit on the right to visit.

Twenty-fifth during the execution of an effective judgment, ruling or conciliation statement, if the parties request to suspend the exercise of visiting rights, the people's court shall make a ruling according to law if it deems it necessary to suspend the exercise of visiting rights after consultation with both parties. After the suspension of visiting disappears, the people's court shall, upon the application of the parties concerned, notify them to resume the exercise of visiting rights.

Twenty-sixth minor children, parents who directly raise children and other legal guardians who are responsible for raising and educating minor children have the right to request the people's court to suspend the right to visit.

Article 27 The term "one party's life is difficult" as mentioned in Article 42 of the Marriage Law refers to the inability to maintain the local basic living standard by relying on personal property and property distributed during divorce.