News
What is remarriage？ How to register for remarriage？
Time:2025-08-28 Views:1374
Introduction: Rebirth refers to the voluntary restoration of the marital relationship between a divorced man and woman, and the act of going to the marriage registration office to complete registration procedures and re-establish the marital relationship.
1、 What is remarriage
（1） Registration of remarriage refers to the administrative procedure for restoring the marital relationship between a divorced man and woman through voluntary application, in accordance with the Marriage Registration Measures, at the marriage registration authority. According to the Chinese Marriage Law and the Marriage Law Registration Measures, if both parties voluntarily restore their marital relationship after divorce, they should personally apply for remarriage registration at the marriage registration authority in the place where one party's household registration is located. The marriage registration authority shall handle the registration according to the marriage registration procedure, issue the marriage certificate, revoke the divorce certificate, and annotate the words "restoration of marriage" on the application for remarriage.
（2） If both parties voluntarily remarry after divorce, they can restore their marital relationship by applying for the restoration of marriage registration. The procedures for remarriage registration are basically the same as those for marriage registration. Both men and women should apply for remarriage registration in person at the marriage registration office in the place where one party's registered residence is located. When handling the registration of remarriage, the original divorce certificate should be submitted for review by the marriage registration authority.
（3） The marriage registration authority shall handle the registration of remarriage in accordance with the marriage registration procedures. When handling the registration of remarriage, the divorce certificates of both parties should be retrieved and a new marriage certificate should be issued. The purpose of revoking the divorce certificate is to prevent the parties from bigamy. For parties involved in remarriage, pre marital health check ups are generally no longer required.
（4） The Marriage Registration Management Regulations of our country stipulate that "Chinese citizens who marry, divorce, or remarry within the territory of China must register in accordance with the provisions of this regulation." Therefore, for those who cohabit without completing the registration procedures for restoring their marriage after divorce, it can be said that the law does not recognize their marital validity. The legal consequences of such cohabitation include: firstly, the law does not recognize their relationship as a legal marriage relationship. Secondly, due to the lack of remarriage procedures, there is no right to inherit each other's estate and no obligation to support each other.
Conjugation is a legal act, and if both parties voluntarily request to restore their marital relationship after divorce, it indicates that their relationship has not completely broken down or the reasons for divorce have been eliminated. The remarriage must go through the legal procedures and go through the registration procedures at the marriage registration authority. The original divorce certificate or court judgment (or mediation agreement) must be returned and revoked, and a remarriage registration certificate must be issued to restore the legal marital relationship. The parties to a divorce who cohabit privately without registering for remarriage cannot obtain legal marital status or receive legal protection. The Marriage Law stipulates that "if both parties voluntarily restore their marital relationship after divorce, they should go to the marriage registration authority to register for remarriage." The Marriage Law Registration Measures stipulate that both parties must personally apply for remarriage at the marriage registration authority in the place where one party's household registration is located, and must also provide a divorce certificate or court judgment (or mediation agreement). After examination and meeting the statutory conditions, the marriage registration authority will issue a "marriage certificate" and revoke the "divorce certificate" or divorce legal documents.
2、 What are the necessary procedures for remarriage?
To handle the procedures for remarriage, both the male and female parties need to provide proof of their household registration; Resident ID card or military (including armed police) ID card; Proof of marital status issued by the unit, neighborhood (village) committee, or political institution at or above the regimental level of the military; Those who have been divorced should also hold divorce documents.
3、 How to register for remarriage?
The procedures for handling remarriage registration and marriage registration are the same. When handling the registration of remarriage, the parties first need to prepare household registration certificate, resident identity card or military identity certificate, marriage status certificate issued by their unit, village (neighborhood) committee or political organ above the military regiment level, and divorce certificate if divorced; Then both parties need to personally apply for remarriage registration at the marriage registration authority where their household registration is located; After the marriage registration authority reviews the proof materials provided by the parties and the application is approved, it shall handle it in accordance with the marriage registration procedures, and indicate the words "restoration of marriage" on the "Marriage Registration Application Form" and marriage certificate, while also revoking the divorce certificate.
The parties applying for remarriage registration will no longer undergo medical examinations.
The parties applying for remarriage registration shall restore their marital relationship from the date of obtaining the marriage certificate.
The fee standards for handling remarriage registration are the same as those for handling marriage registration, although there may be slight differences in fees due to different regulations in different regions.
In summary, people have gained a preliminary understanding of the procedures required for handling remarriage and how to register for remarriage. However, in reality, handling remarriage involves how to distribute property. If there are procedures for remarriage, the property before remarriage belongs to personal property, and the property after remarriage belongs to the joint property of husband and wife. If the division cannot be negotiated, the court will divide it equally according to the joint property of husband and wife (note that only the property generated after remarriage procedures is joint).
If you want to learn more about marriage law related issues, the editor recommends:
Financial restructuring of remarried families, implementing the AA system model
Financial restructuring of remarried families, implementing the AA system model
Latest regulations on remarriage and second child birth Sichuan Faneng Law Firm is dedicated to serving you.