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What are the requirements and regulations for one party to marry a soldier
Time:2025-08-28 Views:1008
Soldiers are a very noble profession, responsible for safeguarding the security of our country and protecting the lives of the people. It is precisely because they are such an important industry that the country treats this special group differently. Let's take a look at the requirements and regulations for military marriages, as discussed by the editor of Fanneng Law Firm.
1、 What are the requirements and regulations for one party to marry a soldier
As citizens of the country, soldiers should first follow the marriage conditions and procedures stipulated in the Marriage Law when getting married. At the same time, due to the nature of the military, the tasks and professional characteristics undertaken by soldiers are different from those of ordinary citizens. The General Political Department has made
The Interim Provisions on the Implementation of the Marriage Law of the People's Republic of China by the Military.
According to the regulations, soldiers should actively respond to the call of the Party and the government for late marriage and not fall in love or get married too early. After a soldier gets married, both husband and wife should actively fulfill their obligation of family planning.
Regarding the marriage of military officers, the General Political Department stipulates that the spouse chosen by military officers must be a citizen of the People's Republic of China with a clear history, progressive ideology, reliable politics, upright work style, and no serious infectious diseases. After establishing a romantic relationship, military officers should proactively report to the organization and have their romantic partners undergo necessary political scrutiny by the political authorities. Military officers below the battalion level applying for marriage shall be approved by the political organs of the regiment, while military officers above the regiment level applying for marriage shall be approved by the political organs at the next higher level. Military officers who have been approved to get married shall obtain a certificate of their birth date, ethnicity, and marital status from the political organ at or above the regimental level of their unit, and go to the local marriage registration management authority to complete the marriage registration procedures.
Regarding the issue of soldiers getting married, the General Political Department has stipulated that conscripts are not allowed to find a partner within the unit or at their base, and non commissioned officers are generally not allowed to find a partner within the unit or at their base. During their active service, conscripts are not allowed to get married, and conscripts and non commissioned officers who have exceeded their service period can use their family visit leave to return to their hometown to get married; When getting married, it is generally necessary for the political organ at or above the regimental level of the unit to issue a certificate of one's birth date, ethnicity, and marital status, and then go to the local marriage registration management agency to handle the marriage registration procedures. However, some conscripts or volunteers who have served beyond their term may apply for marriage during their family visit and cannot obtain a certificate from their original military unit. They can also obtain a certificate from the local county, city, or district People's Armed Forces Department and go to the local marriage registration management agency to handle the marriage registration procedures.
The General Political Department also stipulates that no active servicemen are allowed to marry foreigners. Han Chinese soldiers require a cautious attitude towards marrying ethnic minority citizens who have different customs of intermarriage with Han Chinese. Marriage can be done while respecting and not violating the marriage customs of ethnic minorities.
2、 Requirements for military marriage registration
In order to combine with the actual situation of the military and implement the revised Marriage Law in April 2001, the General Political Department issued the "Provisions on Several Issues Concerning the Implementation of the Marriage Law in the Military" in November of the same year. In August 2003, the State Council promulgated the new Marriage Registration Regulations. According to the above two regulations, the requirements for active duty military personnel to apply for marriage registration are:
Firstly, a written marriage application should be submitted to the party organization or political organ of the unit one month in advance. After examination and approval, the political organ will issue a "Certificate of Marital Status" as the basis for registering the marriage.
Secondly, choose a marriage registration agency. The Ministry of Civil Affairs has released the "Opinions on Several Issues Concerning the Implementation of the Marriage Registration Regulations", which stipulates in Article 9 that "the authority for handling the marriage registration of active duty military personnel can be the marriage registration authority in the place where the active duty military unit is stationed, or the place where the permanent residence is located before the cancellation of the household registration, or the marriage registration authority in the place where the permanent residence of the non active duty military personnel is located." Therefore, you can choose one of the above marriage registration authorities to handle the marriage registration.
Thirdly, when applying for marriage registration, the following documents and proof materials should be provided: "Military Officer Certificate" or "Soldier Certificate", "Marriage Status Certificate", and a signed statement stating that there is no direct blood relationship or collateral blood relationship within three generations with the other party.
Soldiers only hold military officer certificates and do not have ID cards or household registration books, so when applying for registration, the military needs to provide proof of marital status. After the implementation of the "New Marriage Registration Regulations", if one party to the marriage is a military personnel and the other is a local personnel, the local personnel party does not need to obtain a marriage status certificate from the unit, but the military party still needs to handle it according to the original regulations.
Military marriage registration requires the following documents
(1) Household registration;
(2) Resident ID card;
(3) Proof of marital status from the employer or a certificate issued by the neighborhood committee and stamped with the (street) marriage registration seal;
(4) Certificate of Pre marital Examination Qualification (Reference);
(5) Four color photos of both parties taking a group photo;
(6) Military personnel holding a certificate of marital status issued by a political institution at or above the regimental level.
In special circumstances, please add:
(1) Those who have been divorced must present the original divorce certificate, and the first instance judgment must provide a valid certificate;
(2) Widows must present a death certificate of their original spouse.
Registration age
The Marriage Law stipulates that the legal age for marriage for male citizens is 22 years old. In response to the national call, the military advocates for late marriage, that is, advocating for marriage at the age of 25.
3、 Regulations on Military Marriage Policy
The Chinese Criminal Law stipulates the crime of sabotaging military marriages and provides special protection for military marriages. The crime of disrupting military marriages refers to the act of knowingly cohabiting or marrying the spouse of an active duty soldier.
Article 259 of the Criminal Law of the People's Republic of China stipulates: "Whoever knowingly cohabits or marries the spouse of an active duty soldier shall be sentenced to fixed-term imprisonment of not more than three years
In terms of divorce, Article 33 of the Marriage Law of the People's Republic of China stipulates that "the spouse of an active duty soldier who requests divorce must obtain the consent of the soldier, except in cases where the soldier has significant fault." The Supreme People's Court has repeatedly issued judicial interpretations of this provision, stating that in divorce cases where both parties are soldiers or where the soldier requests divorce, the political organ of the military unit where the parties are located should first review and mediate. If it is invalid, the political organ of the military unit should propose a handling opinion, and then the people's court should hear and make a judgment. If the non military party requests divorce, the consent of the military personnel must be obtained; If the military does not agree, and the original marriage foundation and marital relationship are good, and the non military party has no important or legitimate reasons, the non military party should be persuaded, educated to cherish the marital relationship with the military, and the divorce should not be allowed through mediation or judgment; If the marital relationship has indeed broken down, or if one of the military personnel has made significant mistakes and the marriage cannot continue to be maintained, and mediation and reconciliation are ineffective, ideological work should be done to the military personnel through the political organs at or above the regimental level of the military personnel's unit, and divorce should be granted through mediation or judgment.
The crime of disrupting military marriages refers to the act of knowingly marrying or cohabiting with the spouse of an active duty soldier.
The above is the complete content of the requirements and regulations for a military spouse brought to you by the editor of Fanneng Law Firm. Although soldiers are a special group, they are still citizens of our country, so they must abide by the laws of the country. If you have any further legal questions, please feel free to consult with the relevant lawyers at Fanneng Law Firm, who will provide you with professional answers. Sichuan Faneng Law Firm is dedicated to serving you.