Family conflicts lead to divorce between husband and wife.

Husband and wife divorced due to family conflicts, can the de facto marriage relationship continue to exist? Case description: The husband and wife divorced due to family conflicts. It was found through trial that the original defendant lived together by ceremony after being introduced, but did not register for marriage. Gave birth to her daughter Lu Mouyi, gave birth to her second daughter Lu Mouding and gave birth to her son Lu Mobing. * * * At the same time, the two sides had disputes over trivial matters of life, which led to disharmony in marriage. Now the plaintiff sued for divorce from the defendant to solve the problems of child support and property. The court ruled that the plaintiff and the defendant should not divorce. We believe that the plaintiff and the defendant are de facto married, living together for more than 20 years and having two daughters and one son. The relationship between husband and wife is relatively solid. Although there are contradictions between husband and wife due to family chores, they are not enough to lead to a complete breakdown of feelings. If the husband and wife understand each other and properly handle the contradictions, it is still possible to reconcile, and the plaintiff failed to provide evidence to prove that the relationship between husband and wife has indeed broken down, and the defendant did not agree to divorce. Lawyer's statement: Can the de facto marriage relationship continue to exist? For the constituted de facto marriage, the relevant judicial interpretations of Chinese laws stipulate the determination of de facto marriage: before the promulgation and implementation of the Regulations on Marriage Registration Management of the Ministry of Civil Affairs in February 1994, both men and women have met the essential requirements of marriage, it shall be treated as de facto marriage. 1 994 February1After the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs, if both men and women meet the substantive conditions for marriage, the people's court shall inform them to re-register their marriage before accepting the case. If the marriage is not re-registered, it shall be handled as dissolution of cohabitation. In this case, the parties got married 94 years ago and lived together. If the relevant provisions of de facto marriage are applied, de facto marriage can continue to exist and is legal. De facto marriage is a kind of marriage relationship. In a broad sense, it means that both men and women have the subjective purpose of permanent life, and objectively live together in the name of husband and wife without being registered by the marriage registration authority and obtaining a marriage certificate. In a narrow sense, it means that both men and women without spouses live together in the name of husband and wife without marriage registration. Because of 1 994 February1,although the marriage law of our country no longer recognizes de facto marriage, it does not mean that the law will completely deny de facto marriage, such as the crime of bigamy in criminal law. Even if the spouse forms a de facto marriage with others or knows that others have a spouse, even if they are not registered with the civil affairs department, they can still be regarded as bigamy. Family conflicts lead to divorce between husband and wife. The root of family conflicts is to put the relationship between husband and wife in the first place, love children with the other half and honor the elderly together. This family relationship is the most stable. Do you love your husband or children best? Parent-child or husband and wife? The Bible says that a man should leave his parents and marry his wife, and the two will become one. Love and separation are two eternal themes in life. A healthy family is full of love and knows how to separate. Parents of healthy families love their children deeply and bring them up not to share this result with themselves, not to stick with them forever, but to push him out of the house and into the wider world, so that he can live an independent life. He, on the other hand, will definitely find the other half and have children of his own. When the child grows up, he will also learn from his parents and push the child to the wider world. Love, in this way, is constantly passed on, from the family where we came from to our newborn family. Children should not be your favorite family, but the carrier of love, from parents to children, and then from children to children. However, the first thing in the family should not be the parent-child relationship, but the husband-wife relationship. In a "it runs in the family" family with in-laws, couples and children, if the relationship between husband and wife is the core of the family and has the first say, then the family will be rock solid. On the contrary, if the parent-child relationship (including in-laws and husbands, husbands and children, wives and children) is above the relationship between husband and wife, there will be two most common problems: 1, the relationship between mother-in-law and daughter-in-law is poor; 2. Serious Oedipus complex. These two points complement each other. In fact, if the relationship between mother-in-law and daughter-in-law is not good in the new family, it can generally be inferred that the relationship between mother-in-law and daughter-in-law is not good in the "new family" before mother-in-law. And that bad relationship between mother-in-law and daughter-in-law has established a very close relationship between mother-in-law and son. For this mother-in-law, her son, not her husband, is the closest person to her and the one she can't give up. Therefore, how sad she will be as a mother-in-law when her son wants to separate, find a lover and set up a new family of her own. She will feel that she has lost the most important person in her life, so she will intentionally or unintentionally prevent her son and daughter-in-law from establishing the closest relationship. And that son, he knew before, he is the most important person in his mother's mind, and he is more important to his mother than his father. In the past, he was complacent about it. Now, he wants to repay his mother. So he couldn't bear to "betray" his mother and establish the closest relationship with his wife. This is a psychological secret that many mother-in-law and daughter-in-law relationships are difficult to get along with. On the contrary, if the most important person in a mother-in-law's heart is always her husband rather than her son, then the separation of her son is not so uncomfortable. On the contrary, she will be delighted to see that her son has found the person he loves most, and he can have his family and his life. At this time, the mother-in-law will bless her daughter-in-law, and wish her daughter-in-law and son an early journey of happiness that she and her husband have taken. Unhealthy family relationship pattern 1. Annoying husband, loving son mode 2. "No" husband, love son mode 3. Too stupid and filial, it is inevitable to be separated from his wife, which is not what he likes. In order to establish a healthy family system, you must put the relationship between husband and wife in the most important position in the family. However, our cultural tradition does have a tendency to attach importance to parent-child relationship rather than husband-wife relationship. It seems that the relationship between husband and wife is only a tool to complete the family bloodline, but also a carrier to serve the elders and the younger generation. However, no matter how much you love your parents, you will leave them and live your own life. No matter how much you love your children, they will leave you and live their own lives. And your spouse is the one who will really accompany you all your life. Moreover, for the sake of parents' health, we should not be too attached to one of our parents and think that our relationship with him or her is better than theirs. For the sake of children's health, we should not love them too much, thinking that we love them more than our spouses. Because the people we love most must be the hardest to give up. Therefore, it is bound to give up, don't let it become a favorite. Of course, this does not mean that we should leave most of our resources to our spouses. On the contrary, when the elderly and children need to be taken care of, we must give them more resources. However, we must understand that the spouse is the partner who really accompanies us all our lives and is our most important psychological sustenance. If it's a son, you should tell yourself that dad is mom's favorite person, but he's not. If you are a daughter, you must say to yourself that the person my father loves most is my mother, but she is not. If it is a father, I must tell my daughter that I love you, but my mother is the one who can accompany me for a lifetime; If you are a mother, you should say to your son, I love you, but my father is the one who can accompany me all my life. This is the road to a healthy family. Family conflicts lead to divorce between husband and wife. 3 How to mediate the contradiction between marriage and family? 1. Raise awareness of family disputes. The privacy protection of family disputes makes "honest and upright housework difficult to break" become everyone's mission since ancient times. When mediating family disputes, we usually adopt a neutral attitude of not commenting and making peace, while family and marriage disputes often have many emotional entanglements, and some even accumulate for months. If they lose instant mediation, second, pay attention to the mediation method of marriage disputes. When mediating cases of family and marriage disputes, mediators must carefully study the basic marriage life, feelings after marriage, causes of disputes and current situation of daily life of each case. In addition, they should pay attention to mediation methods and improve the quality of mediation. For example, for some disputes caused by family debts, it is beneficial to solve contradictions and handle disputes by adopting the way of reward and encouragement, and arousing the defendant's mentality according to praise, praise and encouragement; For the dispute cases caused by paying too much attention to individuality, the fault analysis method is used to point out their respective faults, so that the defendant can make his own estimation on the settlement of the dispute cases; In the family where the relationship between husband and wife was basically strong before, the method of arousing former lovers was adopted to find out the differences and influence points, and the sincerity that still exists between them was used to arouse each other's conscience and rationality and solve contradictions; 1, Accusing Education Method and Listening Seriously For the dispute cases caused by the obvious violation of the law and obvious social and moral responsibility of the other party, the Accusing Education Method can not only promote the defendant's self-reflection, but also give full play to the role of mediators in shaping good morality; In the case of disputes caused by trivial matters at home, listen carefully and let the defendant vent his resentment first. After the defendant fully expresses his opinions, his anger will be reduced by more than half. At this time, he can correctly guide them to analyze their personal behavior. Usually, the defendant is self-reflective, and the other party will sink down the stairs when they see the other party's mistakes. In this way, the mediation work is completed. Third, to improve the mediation mechanism, we must improve the linkage mechanism. Family marriage disputes are characterized by richness, diversity and collectivity. Some only rely on 1 unit, but they are generally powerless by themselves, such as domestic violence and extramarital affairs. It is necessary to create a "great mediation" work plan in which relevant departments cooperate with each other, carry out collaborative mediation on difficult problems and the most important dispute cases, and continuously improve the actual effect of mediation. The second is to improve the punishment system. Because the laws and regulations at this stage have the necessary difficulty coefficient in actual implementation, extramarital affairs and domestic violence have not been reasonably discouraged, but have intensified. We must resolutely implement the standards of "freedom of marriage" and "monogamy" and severely reprimand third parties for intervening, cohabitation and domestic violence. Those who disrupt marriage life should be given political discipline, political disciplinary action or huge fines, public security detention and other penalties according to the seriousness of the case. It is necessary to severely investigate and punish illegal and criminal activities such as pornography, gambling and drugs, ban pornographic service project sites according to law, purify the gas of social development, and ensure family harmony, physical and mental health and stability.