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Is a second marriage not registered protected by law
Time:2025-08-28 Views:1553
Article 8 of China's Marriage Law stipulates: "Both men and women who are required to get married must personally go to the marriage registration office to register their marriage. Those who meet the requirements of this law shall be registered and issued a marriage certificate, thus establishing the marital relationship. This regulation states:
(1) Registration is a mandatory legal procedure for marriage.
Only by registering a marriage can a legal marriage relationship be established, and the marriage relationship between both parties can take legal effect and be recognized and protected by the state and the law. An unregistered marriage is an illegal marriage.
(2) Registration is the only legal procedure for marriage.
(3) Implementing a marriage registration system is necessary for strictly enforcing the Marriage Law and protecting marital relationships.
(4) Implementing a marriage registration system can enhance the legal awareness of the parties involved, promote legal education and socialist moral education, reduce disputes, maintain stability and unity, and protect the legitimate rights and interests of the parties involved.
(5) Prevent and punish illegal marriage practices.
(6) Registering marriage is a guarantee for realizing the socialist marriage system.
Therefore, registration is a necessary procedure for marriage, and marriages that are not registered are not protected by law.
Article 8 of the Marriage Law of the People's Republic of China requires that both the man and the woman must personally go to the marriage registration office to register their marriage. Those who comply with the provisions of this law shall be registered and issued a marriage certificate. Obtaining a marriage certificate establishes the marital relationship. Those who have not registered their marriage should apply for registration again.
According to the Marriage Law, it can be processed in either party's registered residence. With the current marriage registration method, one can go to the marriage registration office of the Civil Affairs Bureau in the district where one party's household registration is located.
（1） Apply
Take the original ID cards (temporary ID cards) of both the male and female parties, the original household registration book (household certificate/collective household registration page), and three 2-inch recent bareheaded photos.
Please bring your divorce certificate or judgment for those who are remarried.
（2） Acceptance
Go to the marriage registration office hall of the civil affairs department where one party's household registration is located, and both parties will personally attend to submit the above procedures.
（3） Review
Check the household registration book and ID card to see if the ID card has expired and if the photo matches the person in question.
（4） Registration
Ask if both parties are willing to pay a registration fee of 9 yuan. Both parties should write a declaration, sign and fingerprint it, register the personnel number, print the marriage certificate, and fill out the Marriage Registration Review and Processing Form.
（5） Certificate issuance
After completing the registration procedures, the relevant registration procedures will be archived, and the marriage certificate will be issued to both parties on the spot, officially declaring the establishment of the marital relationship. The law will confirm the marital relationship between the two parties.
Is a second marriage not registered protected by law? The answer is that marriages that have not been registered are not protected by law. Second marriage is actually a type of remarriage. At this time, it is not enough for both parties to live together in the name of husband and wife. They still need to go through the marriage registration procedures and obtain the marriage certificate before they can be treated as husband and wife. Otherwise, it can only be regarded as a cohabitation relationship. If you have any other legal questions, please feel free to consult professional lawyers at Fanneng Law Firm online. Sichuan Faneng Law Firm is dedicated to serving you.