Both parties in the name of husband and wife cohabiting time before February 1, 1994, and meet the essential requirements of marriage, is a de facto marriage, the parties can agree to divorce (reapply for a marriage certificate and then divorce), can also Sue for divorce (to the court). Both parties in the name of husband and wife cohabitation time after February 1, 1994, and meet the essential requirements of marriage, belong to the cohabitation relationship, can obtain a marriage certificate after divorce, can also separate.
Divorce without a marriage certificate needs to be analyzed according to the facts.
(1) If the parties only cohabit in the name of husband and wife, did not receive a marriage certificate, and the cohabitation time before February 1, 1994, the two parties are de facto marriage relationship. In this case, the two parties want to divorce there are two solutions - litigation divorce, that is, directly submit the proof of the relationship between the two parties to the court to Sue for divorce; Divorce by agreement, that is, both parties first apply for a marriage certificate and then go through the divorce procedures.
(2) If the time of cohabitation in the name of husband and wife is after February 1, 1994, the two parties only belong to the cohabitation relationship, not within the scope of the protection of the marriage law, the two parties do not need to divorce, can separate themselves; You can also apply for a reissued marriage certificate first, and then handle a divorce with a marriage certificate.