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The latest regulations on remarriage in 2022
Time:2025-08-28 Views:980
How to handle the procedures for remarriage?
After divorce, if a man and a woman voluntarily remarry, they can restore their marital relationship by going through the procedures for re-marriage registration. The procedures for remarriage registration are basically the same as those for marriage registration. Both the man and the woman should personally apply for remarriage registration at the marriage registration authority of the place where one of them is registered. When applying for remarriage registration, the original divorce certificate should be submitted for review by the marriage registration authority.
Secondly, the marriage registration authority shall handle the remarriage registration in accordance with the marriage registration procedures. During the process of remarriage registration, the divorce certificates of both parties should be retrieved and a new marriage certificate should be issued. The purpose of retrieving the divorce certificate is to prevent the parties from committing bigamy. For remarried parties, premarital health check-ups are generally no longer required.
Finally, the "Regulations on the Administration of Marriage Registration" of our country stipulates: "Chinese citizens who marry, divorce or remarry within the territory of China must register in accordance with the provisions of these regulations." Therefore, for those who cohabit after divorce without going through the registration procedures for remarriage, it can be said that the law does not recognize the validity of their marriage. The legal consequences that will arise from such cohabitation include: First, the law does not recognize their relationship as a legal marital relationship. The second reason is that since they have not gone through the remarriage procedures, they have no right to inherit each other's estates or no obligation to support each other.
In addition, the parties involved in remarriage also need to hold the following documents: (1) Household registration certificate; (2) Resident identity card or military (including armed police) identity document; (3) A certificate of marital status issued by the employer, the neighborhood (village) committee or the political organ at or above the regimental level of a military unit; Those who have been divorced should also present their divorce certificates.
How is property determined after remarriage?
After a divorce and remarriage, the property divided at the time of divorce is considered pre-marital property. Because divorce terminates a marital relationship, the marital relationship formed by remarriage does not have legal continuity. It is two separate acts, and they are two independent marital relationships. According to the new judicial interpretation, the property divided upon divorce shall belong to the individual once it takes effect. Unless the parties voluntarily agree, it will remain the individual's property in the next marriage. Remarriage is actually a second marriage, and the property divided during divorce is considered pre-marital property. Property acquired after remarriage, in the absence of a special agreement, belongs to the joint property of the couple.
The property of one spouse shall be the property of any of the following circumstances:
(1) The pre-marital property of one party;
(2) Medical expenses, living allowances for the disabled and other expenses received by one party due to bodily injury;
(3) Property determined in a will or gift contract to belong solely to either the husband or the wife;
(4) Daily necessities exclusively used by one party;
(5) Other properties that should belong to one party. Article 19 The husband and wife may agree that the property acquired during the marriage and the property owned before the marriage shall be owned separately, jointly, or partly separately and partly jointly. The agreement shall be in written form. Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply. The agreement made by a couple regarding the property acquired during the marriage and the property owned before marriage shall be binding on both parties. Where a husband and wife agree that the property acquired during their marriage shall be owned separately by each of them, any debt incurred by either spouse to a third party shall be settled with the property owned by that spouse if the third party is aware of such agreement. Sichuan Faneng Law Firm is dedicated to serving you.