First, how to obtain evidence for illegal cohabitation within marriage
First of all, since the promulgation of 200 1 Judicial Interpretation of Marriage Law 1, the concept of "illegal cohabitation" has been withdrawn from the legal arena and replaced by the legal concept of "cohabitation relationship". Secondly, in practice, unless both parties agree to live together, the fact of cohabitation can be recognized. Otherwise, it is still very difficult. First of all, there must be evidence to prove that both parties live in the same place; Secondly, we have to prove that * * * has lived together for a long time, for example, two or three months. Generally consider starting from the following aspects:
1, cohabitation certificate issued by grassroots organizations (such as neighborhood committees) in the place of cohabitation.
2. Testimonies provided by neighbors of cohabitants, including the head of the rented house where cohabitants live together.
3 photos and audio-visual materials of cohabitants living together.
4. Other evidential materials (including correspondence and chat records, etc.). ) is enough to show that both sides live together.
Second, how to punish illegal cohabitation?
Illegal cohabitation means that both men and women live together in the name of husband and wife without going through the marriage registration formalities, and the masses also think it is a cohabitation behavior of husband and wife relationship.
Illegal cohabitation is generally not punished.
Of course, it depends on the specific situation of the cohabiting parties. If one party is married and openly cohabit in the name of husband and wife during the marriage, it will bear legal responsibility, that is, bigamy. Such allegations are not accepted without complaint, that is to say, the plaintiff needs to sue the court for acceptance.
If the above situation does not exist, it will not be sanctioned by law in our country at present.
Relatively speaking, illegal cohabitation and legal marriage simply mean that both men and women live together before going through formal marriage registration procedures.
In life, especially in the vast rural areas, it is quite common for men and women to live together only by virtue of their parents' wedding without marriage registration. In urban areas, it is manifested in the form of cohabitation under the guise of love, and of course it also includes some married men and women living with the opposite sex other than their spouses. In short, no matter what form, it is illegal cohabitation.
Some people think that illegal cohabitation is a terrible crime. This understanding is wrong, perhaps influenced by the word "illegal". In fact, illegal cohabitation is only a civil issue, and it has not risen to the level of criminal issues. It is precisely because of this misunderstanding that some parties who live together illegally often threaten criminal responsibility or demand huge amounts of property from each other. In order to safeguard their legitimate interests, as long as they have a "certificate" or a marriage certificate in time, everything will be fine.
The above is the whole content of "How to obtain evidence for illegal cohabitation in marriage at present". When collecting evidence, we must pay attention to the legality of the means, otherwise the evidence will be there, but it is also distressing for the judge not to use it. If you have any other legal questions, please consult the Legal Express, and we will have professional lawyers to help you.