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Thread: A British wife sues her husband for bigamy in China
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[quote=CHERRY07,494533]Dear Wan, I spent some time digging information about “bigamy in China” on the internet. Now I’d like to share it with you. In fact, it is too complicated and I am not sure if I can state it clearly. There are legal bigamy and de facto bigamy in Chinese juridical system. People who conduct the following two acts commit legal bigamy: 1. A person who has a lawful husband or wife enters a marriage with another person who doesn’t have a lawful wife or husband. 2. A person who doesn’t have a lawful wife or husband enters a marriage with another person who already has a lawful husband or wife. PS: here “enters a marriage” refers to register their marriage at the civil affairs bureau according to Chinese marriage law. What is de facto bigamy? De facto bigamy has something to do with de facto marriage. The de facto marriage refers to “a man and a woman who don’t have a lawful wife or husband cohabit together as a couple but don’t register at the civil affairs bureau according to Chinese law.” How can we judge a marriage is de facto marriage or illegal cohabitation? De facto marriage has the following characteristics: First, both sides must not have a lawful wife or husband. If any of them have a lawful wife or husband, they commit de facto bigamy. Second, both sides must treat each other as a couple (meaning they do what couples do). Third, they have public husband and wife identities. It means that they live as a couple and people around them regard them as a couple. Forth, they meet the marriage requirements but didn’t register their marriage at the civil affairs bureau. Apparently, Jerry doesn’t commit legal bigamy because he doesn’t register with Miss Luo at the local civil affairs bureau. Does he commit de facto bigamy? Yes. Pay attention to the “first” in the above paragraph. If any of them have a lawful wife or husband, they commit de facto bigamy. Jerry has a lawful wife in the UK. Thus, I think Jerry commits de facto bigamy. [/quote]
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