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Is a marriage valid if one party fails to collect the marriage certificate in person？
Time:2025-08-28 Views:602
1、 Do both parties need to be present for marriage registration?
Both parties involved in marriage registration must be present in person and submit an application for marriage registration to the marriage registration authority. It is not allowed to entrust others to act as agents, nor can written opinions be used to represent oneself in person. If one or both parties are unable to submit a marriage registration application in person, the marriage registration authority shall not proceed with the marriage registration. The documents required for applying for marriage registration at night. When applying for marriage registration, the following documents should be held:
（1） My ID card and registered residence certificate;
（2） A certificate issued by the unit, village committee or residents' committee stating the date of birth and marital status (unmarried, divorced, widowed) of the individual;
（3） For those who apply for remarriage after divorce, they must also hold divorce documents (divorce certificate or divorce approval judgment, mediation agreement);
（4） In areas where premarital health check ups are implemented, a health check certificate issued by a designated healthcare institution must be presented;
（5） If the party applying for marriage is registered at the marriage registration authority in the place where one parent's registered residence is located, he or she must also hold a certificate of identity issued by the parent's unit or village or neighborhood committee.
2、 Is the marriage valid if one party is not present in person during marriage registration?
There are two different opinions on how to handle the situation where one of the parties to a marriage obtained a marriage certificate through finding a relationship without being present:
The first opinion is that Article 4 of the Marriage Registration Regulations stipulates that both men and women must be present in person when registering a marriage. Therefore, if one or both parties did not attend and instead registered their marriage through acquaintances, the procedure itself is illegal and the marriage should be declared invalid.
The second opinion holds that although marriage registration requires both parties to be present in person. But there is no explicit provision in the Marriage Registration Regulations on how to handle situations where one or both parties are not present, and the Marriage Law has strict limitations on the invalidity or revocability of marriages, so it cannot be automatically deemed invalid. The legal consequences caused by flaws in the marriage registration procedure cannot be automatically used as a necessary condition for determining the invalidity or revocability of a marriage, nor can it be used to determine that the parties are cohabiting. It is also not appropriate to use concepts such as "invalid marriage certificate" or "non-existent marriage relationship". Sichuan Faneng Law Firm is dedicated to serving you.