4 real judgments, tell you what to do if you are in a big marriage

■ Gui Fangfang Chen Qian

"He has a family, do we commit the law together?" "My husband has formed a new family with others outside, what should I do?" ...

Nowadays, there are more and more derailment in marriage, and even a big marriage is not unusual. So what is legal in law? What should I do if I find that the other party is getting married or being married? Look at the following 4 real cases, you will find the answer.

Judgment 1: The third party sued the man to be married.

After Ms. Zheng divorced, she pursued Lu, and she established a relationship with her and lived in the name of her husband and wife. Ms. Zheng repeatedly urged Lu to register for marriage. Lu Mou pushed away for various reasons. Even when Ms. Zheng gave birth to her daughter to get a hukou for her daughter, Lu Mou refused to apply for marriage registration on the grounds of his non -child father. After Ms. Zheng applied for a parent -child identification to determine the parent -child relationship, Lu Mou only agreed to get a hukou for the child, but still refused to apply for marriage registration.

Later, Ms. Zheng saw Lu and a woman who came forward intimately and asked, but Lu Mou beat Ms. Zheng with the woman. After that, Lu Mou beat Ms. Zheng for no reason, and began to ignore him, and deleted all contact information. In the end, Ms. Zheng learned from many parties that Lu Mou was not divorced. The woman she had met before was Lu Mou's wife.

Ms. Zheng sued to the court and asked the court to sentence Lu to a crime of being a recreational. She provided the medical records of the maternal and children's hospital, proved that when Ms. Zheng was hospitalized in the hospital, the contact person recorded was Lu Mou, which stated that the relationship was coupled; there was a copy of the judicial appraisal opinion. Father, also provides evidence of video, audio, photo bur Dedicades, picture printing and WeChat, SMS chat screenshots, etc. to prove that the two parties live together.

Lu Mou argued that the two met when they sent their children to kindergarten, and later developed into a relationship between men and women. Ms. Zheng fictional facts, she did not divorce she knew when she met, and knew her wife and children. Although the two developed into a relationship between men and women and giving birth to a girl, they did not live together in the name of husband and wife.

The court believes that the marriage experience that combines Ms. Zheng's full civil behavior and has a divorced marriage is enough to determine that Ms. Zheng has a full understanding and understanding of marriage and love. The existing facts and evidence can neither prove that Lu Mou registered with Ms. Zheng, nor can it prove that Lu and Ms. Zheng lived together in the name of husband and wife.

Judgment 2: The woman and the third party's marriage certificate, the court determined to be a crime of getting married

Both men and women are young couple registered after freedom of love, and have two children after marriage. Later, due to the disagreement of the husband and wife, the woman returned to her mother -in -law for a long time. During the period, the woman met with a third party and provided false marriage status information with the man without going through the divorce procedures with the man. Later, the woman lived together with her third party with her husband and wife relationship, and had two children with her. The men's organs reported the case, and the procuratorate filed a public prosecution to the court.

The court believes that the woman deliberately concealed the marriage registration authority to obtain a marriage certificate with the marriage registration authority without the relationship between the husband and wife's relationship without the legal procedure. The facts of the crime are clear, the evidence is indeed and sufficient, and it has constituted a crime of marriage.

After the case, the woman can truthfully confess the facts of the crime, voluntarily confess and confess, and punish it from the law according to law. The female party is now raising a 8 -month -old child. She is still breastfeeding. After investigation and evaluation of community correction agencies, community correction can be applied to announce the probation.

In summary, the court ruled that the female party was criminal and sentenced to three months of detention, and the suspended sentence was four months.

Judgment 3: The man and the third party have lived together in the name of husband and wife for a long time.

Both men and women registered for marriage on June 5, 1986. During the duration of the marriage relationship between the two, the man and the third party publicly lived together to operate a company together. Later, the woman called the police and the public prosecution agency filed a public prosecution to the court.

In addition, the third party confessed that it had a boy who knew with the man, lives together, worked together, and gave birth to a boy. In 20 years, the two sides took the children to eat and live together, and the customers knew that they were a family. The two have always visited relatives and friends in the name of husband and wife.

The court believes that the man has a spouse and a big one with others, and his behavior has constituted a crime of marriage. The woman expressed her understanding of the man and was punished as appropriate. Based on this, the man was convicted of heavy marriage and sentenced to six months in prison.

The third party knows that others have a spouse and live together in the name of husband and wife, and their behavior has constituted a crime of marriage. The third party is the first offender, and you can punish it from light as appropriate. According to Article 258 of the Criminal Law of the People's Republic of China, the third party was sentenced to 8 months in prison for the crime of marrying a third party.

Decision 4: The one who crime of a heavy marriage causes mental pain to the other party, and the condolences of the compensation of the compensation for compensation

Both men and women are remarried and have no children after marriage. From August 2011 to March 2013, the woman lived in a third party's home and lived together with the third party in the name of husband and wife. In March 2013, the women's direction court sued the divorce, but the court believed that the relationship between the two parties was not broken and the decision was not allowed to divorce. On August 26, 2013, the procuratorate filed a public prosecution, accusing the woman offending the crime of getting married. On October 31, 2013, the court made a judgment. The current woman sued the divorce again, and the man asked the woman to compensate her mental damage to place.

The court believes that after the woman filed a divorce lawsuit for the first time and the decision was not allowed to divorce, the two sides failed to reconcile, and the relationship between the husband and wife did not improve. The current woman has once again filed a divorce lawsuit, with a resolute attitude and invalid after mediation. In addition, during the duration of the marriage relationship with the man, the woman and the third party lived together in the name of husband and wife, which also showed that they had no intention of reconciled with the man. The man argued that the relationship between the two sides did not break, but failed to provide evidence to prove that the court did not accept it. Based on the above -mentioned facts, the relationship between the husband and wife of the two parties has indeed been completely ruptured and there is no possibility of harmony, so the court allows divorce.

According to the law, if the divorce leads to divorce, there is no right to ask for damage compensation. In the case, during the period of the marriage relationship with the man, the woman lived together in the name of a husband and wife, and constituted a big marriage. The woman's behavior did cause some mental damage to the man. Therefore, the man requested the plaintiff to compensate for the spiritual damage of the comfort and reason, and the court supported it. Considering the woman's economic income level and compensation capability, the court decided that the woman would compensate the man's spiritual damage to 2,000 yuan.

Lawyer tip

Combined with the above four different judgments, the responsibility for the crime of being married and the crime of marriage, the author gives the following tips:

How to determine a big marriage? What is the difference between being married and living together?

The crime of recreation mainly refers to the two situations: unmarried, and also married others or live with others in the name of husband and wife.

Different from living together, although both men and women continue to live together, the big marriage requires the name of husband and wife.

What should I do if I find that the other party is getting married?

If the other party is suspected of being a big marriage, you can collect relevant evidence first, such as the marriage certificate obtained by the other party and the third party and the materials provided when registering for marriage; the man signed in the name of his father when the woman gave birth; The full moon or photos and videos of the event in the name of the husband and wife, etc. In addition, the witness testimony around the residence can also be used as evidence of "living in the name of husband and wife". The core requirement of evidence is to prove that the two live together in the name of husband and wife.

Can "Little Three Er" constitute a crime of getting married?

The premise of the crime of being a big deal is subjective and intentional, that is, knowing that the other party has a spouse or a spouse and a spouse deliberately marry the other party. Then whether it is a spouse or a third party, it can constitute a crime of marriage. Of course, if the third party does not know that the other party has a spouse, it does not constitute a crime of getting married, and a spouse constitutes a crime of marriage.

What rights can the spouse get married?

The big marriage is a serious fault in marriage. According to Article 1091 of the Civil Code, the party who has no fault in the marriage has the right to request damage compensation. In addition, when divorce dividing property, there are no faults to ask for the wrong party and less property. The court will also take care of the interests of the wrong party during the judgment.

(The author is a lawyer of Shanghai Family and Family Law Firm)

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