Living together as husband and wife and having children seems to be a trend in today's modern society. Many famous people also apply this form as a way to reduce the constraints of marriage such as singer Hoa Minzy, singer Ho Ngoc Ha, etc. So the question is, is living together like this? Is it a violation of the law if a husband and wife do not register their marriage?
Concept of living together as husband and wife
According to Clause 7, Article 3, Law on Marriage and Family 2014 stipulates “Living together as husband and wife is the act of men and women organizing their lives together and considering each other as husband and wife.”
In Clause b, Article 2, Joint Circular No. 01/2001/TTLT-TANDTC-VKSNDTC-BTP also defines that a man and a woman are defined as living together as husband and wife, qualified for marriage and belonging to the same family. In the following cases:
- There is a wedding ceremony when they come to live together;
- The fact that they live together is accepted by their families (one or both sides);
- The fact that they come to live together is witnessed by other people or organizations;
- They really live together, care for each other, help each other, and build a family together.
However, Joint Circular No. 01/2001/TTLT-TANDTC-VKSNDTC-BTP also provides 03 times to determine the legality of men and women living together as husband and wife:
- Men and women living together as husband and wife without being married before January 3, 1987: According to Clause 2, Article 44 of Decree No. 23/2015/ND-CP, the marriage relationship of this case is recognized from the date the parties Establish a relationship of living together as husband and wife. At that time, men and women were encouraged and facilitated to register for marriage.
- Men and women living together as husband and wife without being married from January 3, 1987 to before January 1, 2001. In this case, a man and a woman living together are eligible for marriage but have not yet registered their marriage and are living together as husband and wife, then they are obliged to register their marriage from January 1, 2001 to ending January 1, 2003 (according to point b, clause 3 of Resolution No. 35 of the National Assembly).
- After January 1, 2003, if a man and a woman have not registered their marriage, they will not be recognized as husband and wife.
Thus, if a man and woman currently live together as husband and wife without registering their marriage, they will not be considered husband and wife.
Is it illegal to not register a marriage but live together as husband and wife and have children?
Currently, the Law on Marriage and Family does not prohibit men and women from living together as husband and wife without marriage registration, but in some cases, men and women living together will be prohibited.
Specifically, according to Article 59, Decree 82/2020/ND-CP stipulates fines from 3,000,000 VND to 5,000,000 VND for the following acts:
“a) Being married or having a husband but marrying someone else, being unmarried or unmarried but marrying someone who you clearly know is married or has a wife;
- b) Being married or having a husband living together as husband and wife with another person;
- c) Not married or unmarried but living as husband and wife with someone you clearly know is married or married;
- d) Marriage or living together as husband and wife between a person who was once an adoptive father or mother with an adopted child, father-in-law with daughter-in-law, mother-in-law with son-in-law, stepfather with the wife's stepchild, stepmother with the husband's stepchild ”
For case 02 cases: “Marriage or living together as husband and wife between people of the same direct blood line or between people who are related within three generations;” or “Marriage or living together as husband and wife between adoptive parents and adopted children” will be fined from 10,000,000 VND to 20,000,000 VND.
In short, the act of living together as husband and wife without registering marriage is not illegal except in certain cases. However, living together without registering marriage will bring certain risks regarding shared assets and children, therefore, when men and women intend to live together as husband and wife without registering marriage, they need to consider and evaluate carefully.
