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The Marriage Procedure for Chinese Citizens Returning to China to Get Married
Time:2025-08-28 Views:773
Chinese citizens returning to China to register for marriage should first obtain a notarized "Declaration of No Spouse" from the embassy.
Chinese passport and photocopy
A copy of the Certificate of Items Recorded in the Registration Ticket (valid within 3 months) or the foreigner's registration certificate and its copy
The party concerned personally came to the embassy to fill out the "Declaration of No Spouse and No Direct Blood Relatives or Three Generations of Relatives", with clear handwriting and no alterations. The applicant signed the "Declaration" in front of the consular officer and wrote the date of the day.
Fill out the Notarization and Certification Application Form
Previously divorced or widowed individuals in China are required to provide copies and photocopies of the "Divorce Certificate" or the "Civil Mediation Agreement" issued by the Chinese court, or the "Judgment", "Effectiveness Certificate", or "Death Notarization Certificate".
Those who have been married in Japan, divorced or widowed in Japan, must provide the "Marriage Acceptance Certificate" and "Divorce Acceptance Certificate" or "Death Acceptance Certificate" issued by the Japanese city (district) office.
For those who have been married in China and divorced in Japan, they need to provide a copy and photocopy of the "Marriage Certificate", as well as a copy of the "Divorce Acceptance Certificate" issued by the Japanese city (district) office (valid for 3 months)
Basic fee (collected within 4 working days): 3000 yen
Urgent fee (collected within 2 working days): Basic fee+3000 yen
Hong Kong, Macao, Taiwan compatriots and mainland compatriots apply for marriage registration procedures
According to the relevant provisions of the Marriage Law of the People's Republic of China, Hong Kong, Macao, and Taiwan compatriots may have special requirements when applying for marriage registration.
Hong Kong compatriots
1. Hong Kong Resident Identity Card, Home Return Permit or Hai.
2. The marriage status certificate issued by the Hong Kong Marriage Registry and the declaration made by the applicant that the marriage has never been registered anywhere else, as verified by a Hong Kong lawyer commissioned by our judicial authorities;
3. Divorce certificate or spouse's death certificate for remarriage.
Compatriots in Macau
1. Macau resident identity card, home visit permit or seafarer's certificate;
2. Marriage qualification certificate issued by the Macao Marriage and Death Registration Bureau or no marriage registration certificate;
3. Divorce certificate or spouse's death certificate for remarried individuals.
Compatriots in Taiwan
1. Taiwan Compatriot Travel Permit or the "People's Republic of China Travel Permit" issued by our embassy or consulate abroad with the words "Taiwan Compatriot" added;
2. Copy of the registered residence issued by Taiwan notary office without spouse certificate or notarized;
3. Taiwanese compatriots who have divorced or lost their spouse also need to provide a notarized divorce certificate or spouse's death certificate. If they are unable to provide the above proof, they can provide a notarized declaration or announcement of the newlywed couple's divorce published in Taiwanese or Hong Kong/Macau newspapers. Unnotarized documents have no legal effect.
Marriage Procedures in Chinese Mainland
The marriage procedure, also known as the formal requirements of marriage, refers to the necessary methods stipulated by law for entering into a marriage. Both men and women who are required to get married must personally go to the marriage registration office to register their marriage. Those who comply with the Marriage 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.
Marriage registration is a system in which the state supervises and manages the establishment of marriage relationships. The registration system can ensure the implementation of marriage freedom and the principle of monogamy, guarantee the physical health of marriage parties and their children, and avoid illegal activities,
Prevent the occurrence of marital and family disputes.
legal procedures
1. Marriage is a formal act, and the marital relationship is only established when a marriage certificate is obtained.
2. Marriage has a personal nature, and the parties involved should handle it in person. Agency is not applicable.
3. Those who remarry should also register, otherwise there will be no marital relationship.
4. The provision that "for those who have not registered their marriage, they should apply for registration again." to a certain extent restores the recognition of factual marriage, that is, if two people live together in the name of husband and wife, meet the conditions for marriage, but have not registered their marriage, both parties should apply for registration again and obtain a marriage certificate. This regulation reaffirms the necessity of marriage registration from a positive perspective. Men and women who meet the marriage conditions stipulated by the Marriage Law, have held a marriage ceremony, or have lived together in the name of husband and wife, but have not registered their marriage, should apply for registration as soon as possible to legalize their marriage.
registration authority
1. The jurisdiction of the marriage registration authority is:
1) According to the Marriage Registration Regulations of the State Council, the civil affairs department of the State Council is responsible for the management of marriage registration nationwide;
2) The civil affairs departments of the people's governments at or above the county level are responsible for the management of marriage registration within their respective administrative regions;
3) The marriage registration management authority is the civil affairs department of the street office or the people's government under the jurisdiction of the city or not divided into districts in the city;
4) In rural areas, it is the people's government of the township, ethnic township, and town.
2. The responsibilities of the marriage registration authority are:
1) Handle marriage registration;
2) Provide proof of marital relationship;
3) Handle illegal marital behavior in accordance with the law;
4) Promote marriage laws and advocate civilized marriage customs. .
Registration Procedure
Marriage registration can be roughly divided into three stages: application, examination, and registration.
（1） Apply
1. Chinese citizens apply for marriage within the territory of China.
Both parties must personally apply for marriage registration at the marriage registration authority where one party's household registration is located. When applying, the following documents and certificates should be presented: (1) household registration (2) resident ID card;
Those who have been divorced should also hold a divorce certificate. If the parties involved in divorce wish to restore their marital relationship, both parties must personally apply for remarriage registration at the marriage registration authority in the place where one party's household registration is located.
2. Chinese citizens apply for marriage in China with foreigners (including foreigners residing in China and temporarily coming to China, Chinese foreigners, foreign nationals residing in China).
Both male and female parties must jointly apply for registration at the marriage registration authority designated by the people's government of the province, autonomous region, or municipality directly under the Central Government where one Chinese citizen's household registration is located. Chinese citizens and foreigners applying for registration must hold the following certificates respectively:
1) Chinese citizens must possess:
1) My registered residence certificate;
2) A certificate issued by the county-level government where my household registration is located or the county-level or higher government, school, institution, or enterprise where I work, stating my name, gender, date of birth, ethnicity, marital status (unmarried, divorced, widowed), occupation, nature of work, and who I am applying to marry.
2) Foreigners must hold:
1) My passport or other identification or nationality documents;
2) The Alien Residence Permit issued by the public security organ, or the identity certificate issued by the foreign affairs department, or the entry and residence certificate for temporary visit to China;
3) A marriage status certificate issued by a notary public in the country, authenticated by the Ministry of Foreign Affairs (or authorized agency of the Ministry of Foreign Affairs) and the Chinese embassy or consulate in the country, or a marriage status certificate issued by the Chinese embassy or consulate in China.
3) Foreign nationals must hold:
1) My passport or identity and nationality documents in lieu of a passport (stateless individuals are exempt from submission);
2) Alien Residence Permit issued by the public security organ;
3) A certificate issued by the county-level government where my household registration is located or the county-level or higher government, school, institution, or enterprise where I work, stating my name, gender, date of birth, ethnicity, marital status (unmarried, divorced, widowed), occupation, nature of work, and who I am applying to marry.
3. All Chinese citizens and foreigners who have complete certificates and meet the requirements of the law can apply to the marriage registration office with certificates and photos of both men and women.
4. The parties applying for marriage registration shall truthfully provide the prescribed relevant documents and certificates to the marriage registration authority, and shall not conceal the true situation.
（2） Review
The marriage registration management authority shall review the application of the parties to determine whether the marriage application meets the conditions for marriage. If there are any uncertainties, the authorities shall inquire with the parties and, if necessary, may require them to provide relevant supporting materials.
（3） Registration
1. Register it.
The marriage registration authority shall immediately register and issue a marriage certificate to those who meet the conditions for marriage; For those who have been divorced, their divorce certificate should be cancelled. However, Chinese citizens and foreigners should go through the registration procedures and issue marriage certificates within one month after receiving the application for registration. The marriage certificate of foreign-related marriage must be affixed with photos of both parties and stamped with the special seal for marriage registration of the people's government at or above the county level for handling foreign-related marriage registration.
When the parties applying for marriage registration are interfered by their units or others and cannot obtain the required proof, if the marriage registration management authority confirms that they do meet the marriage conditions, they shall be registered.
2. Not registered.
If the applicant falls under any of the following circumstances, the marriage registration authority shall not register:
1) Those who have not reached the legal age for marriage;
2) Involuntary;
3) Those who already have a spouse;
4) Belonging to direct blood relatives or collateral blood relatives within three generations;
5) Suffering from diseases that are medically considered unsuitable for marriage.
If the marriage registration authority refuses to register the marriage registration application of the parties, the reasons shall be explained in writing. If the parties concerned believe that the marriage registration conditions are met but the marriage registration authority refuses to register, they may apply for reconsideration in accordance with the provisions of the Administrative Reconsideration Law. If they are dissatisfied with the reconsideration, they may file an administrative lawsuit in accordance with the provisions of the Administrative Litigation Law.
Registering Marriage with Compatriots from Hong Kong, Macau, and Taiwan
With the return of Hong Kong and Macau, more Taiwanese businessmen are choosing to develop in mainland China. More and more people from Hong Kong, Macau, and Taiwan are coming to mainland China, whether for work or investment, and choosing mainland women as their lifelong partners. According to the relevant provisions of the Marriage Law of the People's Republic of China, Hong Kong, Macao, and Taiwan compatriots may have special requirements when applying for marriage registration.
Hong Kong compatriots
1. Hong Kong resident identity card, home visit permit or seafarer's certificate;
2. The marriage status certificate issued by the Hong Kong Marriage Registry and the declaration made by the applicant that the marriage has never been registered anywhere else, as verified by a Hong Kong lawyer commissioned by our judicial authorities;
3. Divorce certificate or spouse's death certificate for remarriage.
Compatriots in Macau
1. Macau resident identity card, home visit permit or seafarer's certificate;
2. Marriage qualification certificate issued by the Macao Marriage and Death Registration Bureau or no marriage registration certificate;
3. Divorce certificate or spouse's death certificate for remarried individuals.
Compatriots in Taiwan
1. Taiwan Compatriot Travel Permit or the "People's Republic of China Travel Permit" issued by our embassy or consulate abroad with the words "Taiwan Compatriot" added;
2. Copy of the registered residence issued by Taiwan notary office without spouse certificate or notarized;
3. Taiwanese compatriots who have divorced or lost their spouse also need to provide a notarized divorce certificate or spouse's death certificate. If they are unable to provide the above proof, they can provide a notarized declaration or announcement of the newlywed couple's divorce published in Taiwanese or Hong Kong/Macau newspapers. Unnotarized documents have no legal effect.
Procedure for remarriage
Conjugation is also a legal act, which refers to the voluntary restoration of the marital relationship between a man and a woman after divorce. The remarriage must also comply with the marriage conditions stipulated by law and register with the marriage registration authority, and the procedures are basically applicable to the marriage registration procedure.
Article 28 of the Marriage Law stipulates: "If both parties voluntarily restore their marital relationship after divorce, they shall register for remarriage at the marriage registration authority. The marriage registration authority shall register it
Article 8 of the Marriage Registration Measures stipulates: "After divorce, if both parties voluntarily restore their marital relationship, they must personally apply for remarriage registration at the marriage registration authority where one party's household registration is located. The marriage registration authority shall handle the registration according to the registration procedures, issue a Marriage Certificate, and revoke the Divorce Certificate
Only after completing the marriage registration procedures can the marital relationship be considered legally established.
In real life, there are many cases where some couples, after divorcing, do not register for remarriage and live together as husband and wife. This de facto remarriage does not comply with the provisions of the Marriage Law and is not protected or recognized by law.
The registration of remarriage and marriage is the same. It is an important measure for the state to review and supervise the establishment of citizens' marriage relationships, to ensure the freedom of marriage and the implementation of the principle of monogamy, to prevent arranged, bought and sold marriages and bigamy, to recognize the important legal procedures for the restoration of marriage relationships, and to protect the legitimate rights and interests of the parties involved. Sichuan Faneng Law Firm is dedicated to serving you.