Wang Yuwen and Yang Le Reportedly Married and Divorced? Lawyer Analyzes the Legal Risks and Property Division Challenges Behind Celebrities' Secret Marriages and Divorces
Celebrities' secret marriages and divorces frequently trend on social media: How exactly are they legally determined?
近日,有娱乐博主爆料称演员王玉雯与杨玏曾秘密结婚后又离婚,消息迅速登上热搜榜。截至发稿时,双方均未对此作出正式回应。娱乐圈的”隐婚隐离”早已不是新鲜事,从早年的刘德华隐婚,到近年来多位流量明星被曝结婚生子又分手,公众在吃瓜之余,往往忽略了一个关键问题:如果这些婚姻关系从未在民政部门登记,法律上根本不承认其效力。作为执业律师,我们更关注的是——当一段感情关系以”结婚又离婚”的形式被曝光,当事人的财产、名誉、隐私将面临怎样的法律风险?普通人又能从中吸取哪些教训?
No Registration, No Marriage: Cohabitation Relationships Are Not Protected by the Marriage and Family Part of the Civil Code
Under Article 1049 of the Civil Code, a man and a woman who intend to marry shall apply in person to the marriage registration authority for marriage registration; upon completion of the registration, the marital relationship is established. This means that no matter how lavish a wedding a celebrity may hold in private or how many carats of diamond rings are exchanged, as long as they have not obtained a marriage certificate from the civil affairs bureau, no marital relationship exists in law.
实践中,很多当事人误以为”办了酒席就算结婚”,这是典型的法律认知误区。没有登记,双方只是同居关系。同居关系与婚姻关系的法律后果天差地别:婚姻关系中,夫妻共同财产原则上均等分割,一方在离婚时可以主张家务劳动补偿、经济帮助;而同居关系中,财产各自所有,只有能证明是共同出资、共同经营所得的财产,才可能按共有关系处理。
Taking celebrities as an example, if during cohabitation the parties jointly purchased real estate or vehicles, or jointly participated in the distribution of investment returns from film and television projects, once the relationship breaks down, the burden of proof falls on the party claiming division. In practice, because marriage registration—a key piece of evidence—is lacking, courts often require the plaintiff to provide bank transfer records, chat records, written agreements, and other materials to prove the facts of contribution, which significantly increases the difficulty of protecting their rights.
How Is Property Divided During Cohabitation? Three Key Points in Legal Practice
For cohabitation relationships in which marriage registration has not been completed, when courts handle property disputes, they mainly rely on the relevant provisions of the Property Rights Part and the Contract Part of the Civil Code. Specifically, three key points are worth noting:
First, personal property remains with the individual. During cohabitation, wages, bonuses, investment income, and the like under each party’s own name shall, in principle, belong separately to that party. Unless the other party can prove joint contribution of funds or joint business operation, the other party has no right to claim division.
Second, jointly purchased property is co-owned by shares. If both parties jointly contribute funds to purchase a house or a car, but the property is registered under one party's name, the other party must prove its contribution share in order to claim co-ownership by shares. In judicial practice, courts will comprehensively consider factors such as the contribution ratio, the agreement between the parties, and the use of the property when dividing it.
Third, the distinction between gifts and loans. During a romantic relationship, whether large-sum transfers and valuable gifts constitute gifts or loans is often the focus of dispute. Under Article 657 of the Civil Code, a gift contract is a contract whereby the donor gives the donor’s property to the donee without consideration, and the donee expresses acceptance of the gift. Once determined to be a gift, in principle, its return cannot be demanded; however, if the transfer was expressly noted as a loan at the time, or the parties had a mutual intent to create a loan, it shall be handled as private lending.
For high-income individuals, property dealings during cohabitation often involve substantial amounts, and entering into a written agreement in advance to clarify property ownership is the most effective means of preventing disputes.
The Boundary Between Disclosure and Privacy: How Is Infringement of Reputation Rights Determined
Entertainment bloggers who reveal celebrities’ private information: does this constitute infringement of the right of reputation? This needs to be discussed on a case-by-case basis. Under Article 1024 of the Civil Code, civil subjects enjoy the right of reputation, and no organization or individual may infringe upon another person’s right of reputation by means of insult, defamation, or other such methods. If the disclosed content is true and does not involve insulting language, it generally does not constitute infringement of the right of reputation; however, if the disclosed content is false, or derogatory expressions are used, causing the party’s social evaluation to be lowered, it may constitute infringement.
In addition, Article 1032 of the Civil Code clearly provides that natural persons enjoy the right to privacy, and no organization or individual may infringe upon another person's right to privacy by prying, intruding, leaking, publicizing, or other means. Marital status, the contents of a divorce agreement, details of property division, and the like all fall within the scope of personal privacy. Publicizing them without the party's consent, even if the content is true, may constitute an infringement of the right to privacy.
In practice, celebrities face a dilemma when defending their rights: on the one hand, having their privacy exposed does cause genuine distress; on the other hand, suing the person who leaked the information may attract wider attention and actually spread it further. As a result, many celebrities choose to issue lawyer's letters as warnings or settle privately, and cases that actually go to court are not common. But for ordinary people, if they suffer a similar privacy leak, they can fully file a lawsuit under the relevant provisions of the Civil Code, demanding cessation of the infringement, an apology, and compensation for losses.
From Celebrity Gossip to Ordinary People: Three Must-Know Legal Basics
Celebrities’ secret marriages and divorces may seem distant, but the legal issues involved are closely tied to ordinary people.
首先,结婚必须登记。无论感情多深、仪式多隆重,没有结婚证就没有法律保障。根据《民法典》第一千零四十六条至第一千零五十条的相关规定,婚姻关系的成立、效力、解除均有严格的法律程序,任何绕过登记的”事实婚姻”在1994年2月1日之后已不再被法律承认。
Second, cohabitation assets must be documented. If you choose to live together, for major assets purchased jointly, it is advisable to retain proof of contribution and sign a written agreement specifying each party’s share. Once the relationship breaks down, these materials will become key evidence for protecting your rights.
Finally, privacy protection must be proactive. Whether one is a celebrity or an ordinary person, personal marital status and property information fall within the scope of privacy. When infringement is discovered, evidence should be promptly preserved, and one's rights and interests should be safeguarded through legal channels.
The Marital and Family Affairs Team of Guangdong Zhiming Law Firm reminds you that marriage and family disputes often involve multiple factors such as emotions, property, and children, and improper handling may cause irreversible losses. Whether it is marriage registration, property agreements, divorce property division, or cohabitation disputes, it is advisable to respond rationally under the guidance of a professional lawyer and use the law as a weapon to safeguard your lawful rights and interests.