Chapter 177: Cohabitation or de facto marriage (1)

"Do you know the real reason why Uncle Zhang wants to divorce?" Huang Yixi asked patiently.

Li Hongxia hesitated for a moment and shook her head.

Chen Lihua saw that Aunt Li couldn't tell the real reason why Lao Zhang wanted to divorce, so she began to exert her gossip spirit, "Is Lao Zhang leaving, and wants to be buried with his original partner?"

I heard that Lao Zhang and his former wife have a good relationship, and the relationship with Li Hongxia is getting weaker and weaker, and everyone knows it.

"If he wants to be buried with her, I have no objection, but he still wants a divorce. Li Hongxia felt very aggrieved, she didn't fight for anything, she just wanted to spend her old age quietly, so that her son and daughter-in-law had a place to live, why did Lao Zhang still be unwilling?

"Xiaoxi, he asked me to sign this, and it's the same if I don't sign it, we didn't register, and we weren't husband and wife. Li Hongxia lifted several layers of her jacket and took out a used portable handkerchief paper sleeve from her innermost pocket, placing cash on one side and a folded A4 paper on the other.

Li Hongxia carefully unfolded it and handed it to Huang Yixi, as if handing over all the hopes of her life, Huang Yixi took it speechlessly, it was a separation agreement, the terms in it were quite harsh, separation, leaving the house, Li Hongxia and her son and grandson moved immediately after signing the separation agreement.

Judging from this separation agreement, Zhang Zili and Li Hongxia did not register their marriage together, and Zhang Zili believes that they are only cohabiting.

Huang Yixi was stunned for a moment, he didn't expect Zhang Zili and Li Hongxia to be like this, you must know that de facto marriages are indeed like this in the countryside in the past, they admit secular weddings, and they don't value that piece of paper.

But in the city, there are few such situations, you must know that in the past, rice and cloth were all supplied with grain stamps and cloth stamps, and Huang Yixi also heard Lin Shufang talk about going to the grain station to buy grain with the household registration book.

It's not just about rice grains, such as Zhang Zili's son and Li Hongxia's son, they have filled in forms over the years, but they haven't filled in the names of their stepfathers and stepmothers?

Thinking of this, Huang Yixi also felt unlikely, she carefully verified, "When did you live together?"

Li Hongxia thought for a moment, "1989?1990?I don't remember the specific time, but my son was born in 1986, Lao Zhang's wife passed away in 1985, and my husband passed away in 1988. ”

"Must it have been before 1994?" Huang Yixi asked again.

Li Hongxia nodded affirmatively, "At that time, my son had just entered kindergarten, and in 1994, my son was in the second grade of primary school. Lin Shufang also nodded, helping to confirm, Chen Lihua also helped, "That's right, yes, I remember it seems to be 1989, just after the New Year is 1990, Xiao Xi'er, you don't know, you were just born at that time, and you haven't returned to your hometown yet, you are red all over, and there is diaper rash." ”

“......”

Huang Yixi felt that she must have stepped on the lid of Xie Yongchen's house when she was a child.

Huang Yixi endured his unhappiness, constantly admonished himself to maintain professional ethics, and asked Li Hongxia gently, "So, how did your son and his son fill out the form when they were studying? Also, why didn't they register their marriage at that time?"

According to him, after Li Hongxia's husband died of illness, Li Hongxia and her son could still receive a pension, and if the marriage was registered with him, then the pension would be cancelled by the government, so after the two lived together, they only went back to their hometown to treat a few tables and did not register their marriage.

The names of their biological parents are filled in on the forms of the two sons, and it can be said that their relationship is absolutely indistinguishable from the forms filled in by the two families over the years.

He also said that if we were husband and wife, then for so many years, my son and I had cheated so many pensions, and the government found that both of us would have to be arrested and imprisoned for more than ten years. ”

Before she finished speaking, Li Hongxia began to cry again.

Is that so? Chen Lihua looked at Huang Yixi nervously, she still took Lao Xie's pension for supporting relatives when he died, although she is very rich now, but it is Lao Xie's, she has not remarried, and she has more money and does not bite her hand.

Huang Yixi was speechless, "After so many years, you haven't asked others about the government's regulations?"

Li Hongxia shook her head nervously, how dare she, she and Zhang Zili's economy was originally separated, and that little money was not much, if she asked and was taken away, wouldn't she have to cry to death.

"I can tell you with certainty that, in accordance with Article 4 of the Regulations on the Scope of Supporting Relatives of Employees Who Die on the Job (Order No. 18 of the Ministry of Human Resources and Social Security), a pensioner shall cease to enjoy the pension benefits under any of the following circumstances: (1) he or she has reached the age of 18 and has not completely lost the ability to work, (2) he is employed or joined the army, (3) the spouse of the deceased employee remarries, (4) he is adopted by another person or organization, and (5) he dies. In other words, according to the regulations, your son can receive it until he is 18 years old, and whether you remarry or not, it does not affect his rights. ”

Li Hongxia swallowed her saliva, "That is, if I remarry....can't I get this money?"

Her voice was strange, as if she was relaxed knowing that she didn't have to go to prison, and she seemed to be entangled in whether she and Zhang Zili were husband and wife.

Huang Yixi nodded silently, if the relatives of the employees who died on the job lose the conditions for support, they will not be able to continue to receive pensions. "But if you don't register your marriage, legally, you don't remarry, so you haven't broken the law. ”

According to Article 5 of the "Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China", the following criteria have been determined for determining whether a man and a woman who have not completed marriage registration in accordance with Article 8 of China's "Marriage Law" and live together in the name of husband and wife constitute a de facto marriage:

(1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both a man and a woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage. ”

Li Hongxia was still puzzled, Huang Yixi could only explain in layman's terms, "You lived together before 1994, everyone knows that you are husband and wife, Uncle Zhang wants to dissolve the relationship between husband and wife, there are two ways, one is that you signed this divorce agreement and went to the Civil Affairs Bureau with him to get a divorce certificate, and the other is that if you don't agree to the divorce, he can only go to the court to sue you, it's not that Uncle Zhang kicked you out, you are not husband and wife." ”

"So, he and I are legally husband and wife?" Li Hongxia asked worriedly.

How to say it, Huang Yixi had a headache, "If you want the court to confirm that you are husband and wife, the court will not accept it, but if you want to dissolve the relationship, you still have to sue for divorce." ”

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