Interpretations of "Title Five Marriage and Family" of the Civil Code (Article 7)
Article 7 Where a man and a woman who have not registered their marriage in accordance with Article 1049 of the Civil Code and have been living together as husband and wife file a divorce lawsuit, the case shall be handled as follows:
(1) If the basic elements of a marriage had been satisfied before the entry into force of the Administrative Regulations for Marriage Registration (the "Regulations") issued by the Ministry of Civil Affairs on February 1, 1994, their relationship shall be deemed as a de facto marriage; and
(2) If the basic elements of a marriage had been satisfied after the entry into force of the Regulations, the people's court shall inform them to complete the marriage registration procedure. Where they fail to complete the marriage registration procedure, the case shall be handled in accordance with the provisions of Article 3 of these Interpretations.