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Can one still remarry after the death of one party
Time:2025-08-28 Views:1892
1
If one party dies, they can remarry, but if the husband or wife dies, the marriage relationship automatically ends. When remarrying, you need to obtain a death certificate from the police station. Remarriage requires the following procedures:
1. Application
Both men and women need to submit their original ID cards (temporary ID cards), original household registration books (proof of household registration, collective household registration page), and three 2-inch recent bareheaded photos. Please note that those who have been divorced should bring their divorce certificate or judgment.
2. Acceptance
Go to the marriage registration office hall of the civil affairs department where one party's household registration is located, and both parties will personally attend to submit the above procedures.
3. Review
The staff at the marriage registration office check the household registration book and ID card to see if the ID card has expired and if the photo matches the person in question.
4. Registration
The staff at the marriage registration office asked if both parties were willing to pay a registration fee of 9 yuan. Both parties wrote a declaration, signed and fingerprinted it, registered the personnel number, printed the marriage certificate, and filled out the marriage registration review and processing form.
5. Certificate issuance
After completing the registration procedures, the relevant registration procedures will be archived, and the marriage certificate will be issued to both parties on the spot, officially declaring the establishment of the marital relationship. The law will confirm the marital relationship between the two parties.
Is the marriage still in existence after one party's death? After one party's death, the marriage relationship automatically disappears, and the law will also assume that the marriage relationship disappears and handle it according to relevant regulations.
II
Remarriage has custody of children. Fanneng Law Firm reminds you that after remarriage, the parties still have a legal obligation to raise their children. If the children live with the remarriage parties during the existence of the marriage relationship, the rights and obligations of their stepparents and children are the same as those of their biological parents and children, and therefore have a legal obligation to raise them.
III
The distribution of property after remarriage belongs to the joint property of husband and wife, and is equally divided between husband and wife. If there is an agreement between the two parties during the marriage, it shall belong to one party or each party, and shall be subject to their agreement; If there is no clear agreement, it shall be handled through negotiation between both parties.
According to Article 1087 of the Civil Code, in the event of divorce, the joint property of the couple shall be disposed of by mutual agreement; If the agreement cannot be reached, the people's court shall make a judgment based on the specific situation of the property and the principle of taking care of the rights and interests of the children, the female party, and the innocent party. Sichuan Faneng Law Firm is dedicated to serving you.