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How to obtain a marriage certificate for remarriage after losing a spouse
Time:2025-08-28 Views:566
1
To obtain a marriage certificate after remarriage after losing one's spouse, one should first go to the police station to obtain the spouse's death certificate, then change the marital status in their household registration book to 'widowed', and then register and obtain the certificate. The required documents for marriage include ID card, household registration book, etc. Both men and women who want to get married can apply for marriage registration at the marriage registration office where one party's household registration is located by presenting their ID card, household registration book, and four two inch photos.
It should be noted that the required materials need to be original and photocopies, and the household registration book requires an index page, household homepage, and personal information page, all of which are indispensable. If both parties meet the conditions for marriage, a marriage certificate will be issued immediately, and the marriage relationship will be established.
II
The requirements for obtaining a marriage certificate are that both the man and the woman must be completely voluntary and express their true intentions; At the time of marriage, men shall not be earlier than 22 years old, and women shall not be earlier than 20 years old; Both men and women are not direct blood relatives or collateral blood relatives within three generations.
Article 1046 of the Civil Code of the People's Republic of China
Marriage should be completely voluntary for both men and women, and it is prohibited for either party to force the other, or for any organization or individual to interfere.
Article 1047 of the Civil Code of the People's Republic of China
The age for marriage shall not be earlier than 22 years for men and 20 years for women.
III
The dowry for divorce without a marriage certificate usually has to be refunded. According to relevant laws and regulations, if a party requests the return of the dowry paid according to customs, and it is found that the parties have not completed the marriage registration procedures, or if the pre marital payment has caused difficulties in the life of the payer, the people's court shall support it.
Fanneng Law Firm reminds you that if a party requests the return of the dowry paid according to customs in accordance with Article 5 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China (1), and it is found that the following circumstances exist, the people's court shall support it:
（1） Both parties have not completed the marriage registration procedures;
（2） Both parties have completed the marriage registration procedures but have not yet lived together;
（3） Pre marital payment leads to financial difficulties for the payer.
The application of the provisions of the second and third items of the preceding paragraph shall be conditional on the divorce of both parties. Sichuan Faneng Law Firm is dedicated to serving you.