1. Cohabitation time before the implementation of the Marriage Registration Management Regulations in 1994
This situation needs to be handled according to factual marriage. If both parties are unwilling to apply for a new marriage certificate, they need to file a divorce lawsuit in the people's court instead of reaching an agreement for divorce at the marriage registration office.
2. After the promulgation and implementation of the Marriage Registration Management Regulations in 1994, cohabitation time
This situation does not belong to a de facto marriage and can only be considered as illegal cohabitation. Both parties can handle it on their own and separate directly without the need to terminate the cohabitation relationship through the civil affairs department or court. Regarding the issue of child custody, both parties need to negotiate and decide. If they cannot reach an agreement, they can apply to the court for judgment.
