1, it is not illegal to get married without a marriage certificate. Only there is no marriage certificate, and there is no marriage relationship between the two parties, but a cohabitation relationship. Moreover, the registered marriage relationship is protected by China's marriage system, while the cohabitation relationship is not protected by China's laws, so the property relationship between the two parties cannot be well guaranteed.
2. Exceptionally, if one party has a legal spouse at this time, the "marriage" of both parties is illegal, and if the circumstances are serious, it may constitute bigamy, and the spouse also needs to bear criminal responsibility.
Prerequisites for marriage
1. Both men and women are completely voluntary.
The Civil Code stipulates that "marriage must be completely voluntary by both men and women, and neither party is allowed to force the other, nor is any third party allowed to interfere." This is the concrete expression of the principle of freedom of marriage on the issue of marriage. The completely voluntary demand of both men and women means that both men and women are voluntary, not wishful thinking; Men and women are voluntary, not necessarily with the consent of their parents or a third party; Both men and women are completely voluntary, not reluctantly agreed.
2. Reach the legal age for marriage
The legal age for marriage refers to the minimum age for marriage stipulated by law. The Civil Code stipulates that "the age of marriage shall not be earlier than 22 for men and 20 for women".
3, in line with the principle of monogamy
According to the principle of monogamy, both parties who apply for marriage need the original spouse, only unmarried, widowed or divorced. A man and a woman violate the union of monogamy and have no legal effect of marriage.
To sum up, it is generally not illegal to hold a wedding or cohabitation without registration, but there is no husband-wife relationship between men and women. But at this time, if one party already has a legal spouse, the "marriage" between the two parties is illegal.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1046
Marriage should be completely voluntary by both men and women, and it is forbidden for either party to force the other, and no organization or individual may interfere.
Article 1047
The age of marriage should not be earlier than 22 for men and 20 for women.
Article 1049
Both men and women who want to get married should apply for marriage registration in person at the marriage registration office. Those who meet the requirements of this law shall be registered and issued a marriage certificate. The marriage relationship is established when the marriage registration is completed. Those who have not registered for marriage shall re-register.