Is it illegal to get married without a marriage certificate
Time:2025-08-28 Views:1238
1
Marriage without a marriage certificate is not illegal. Without obtaining a marriage certificate, the two parties do not have a marital relationship and instead form a cohabitation relationship. And registered marriage relationships are protected by China's marriage system, while cohabitation relationships are not protected by Chinese law.
Fanneng Law Firm reminds you that according to Article 1049 of the Civil Code of the People's Republic of China [Marriage Registration], both the man and the woman who get married should personally apply for marriage registration at the marriage registration authority. Those who comply with the provisions of this law shall be registered and issued a marriage certificate. Completing marriage registration establishes the marital relationship. Those who have not registered their marriage should apply for registration again.
II
Conditions for obtaining a marriage certificate:
Both men and women must voluntarily marry;
2. The male party must be at least 22 years old, and the female party must be at least 20 years old;
3. There are no legal circumstances prohibiting marriage, including direct blood relatives, collateral blood relatives within three generations, and those who suffer from diseases that are medically considered unfit for marriage.
Article 1046 of the Civil Code of the People's Republic of China stipulates that marriage shall be fully voluntary for both men and women, and it is prohibited for either party to coerce the other or for any organization or individual to interfere.
Article 1047: The age of marriage shall not be earlier than 22 for males and 20 for females.
Article 1048: Marriage is prohibited for direct blood relatives or collateral blood relatives within three generations.
III
The procedure for obtaining a marriage certificate:
1. Application. Both parties shall apply to the marriage registration authority in the place where either party's permanent household registration is located for processing;
2. Review. The registration authority reviews the marriage application of both parties;
3. Registration. After examination by the marriage registration authority, if it is deemed that the marriage conditions are met, registration is allowed and a marriage certificate is issued.
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