Customer Cases
How to handle the marriage certificate if the second marriage household registration has not been moved out
Time:2025-09-01 Views:602
1
The fact that the second marriage household registration has not been moved out will not affect the application for the marriage certificate. The normal procedures for obtaining the marriage certificate can be followed.
1. Both the man and the woman who are required to register their marriage must present the necessary documents and jointly apply to the marriage registration authority of the district or county-level civil affairs bureau (or town government) where one party has a permanent household registration.
2. Both parties shall personally apply to the marriage registration authority and fill out a "Declaration of Application for Marriage Registration".
3. Both parties must personally sign or fingerprint in the "declarant" column of the "Application for Marriage Registration Declaration" in front of the marriage registrar.
4. The marriage registration authority shall review the documents and statements submitted by both parties, and if they meet the conditions for marriage registration, they shall be allowed to register.
II
The conditions for applying for marriage registration are as follows:
1. Marriage should be fully voluntary for both the man and the woman;
2. Both parties have reached the age of marriage, which means the male must be at least 22 years old and the female must be at least 20 years old;
3. Both men and women shall not be direct blood relatives or collateral blood relatives within three generations.
Fanneng Law Firm reminds you that according to Article 1046 of the Civil Code of the People's Republic of China, marriage should be completely voluntary for both men and women. It is prohibited for either party to force the other, and any organization or individual to interfere.
Article 1047: The age of marriage shall not be earlier than 22 for males and 20 for females.
Article 1048: Marriage is prohibited for direct blood relatives or collateral blood relatives within three generations.
III
According to the current Marriage Law, a marriage certificate can generally prove that there is a marital relationship between two people and that they have legal rights and obligations as husband and wife. However, if a marriage falls under the category of invalid or revocable marriages under the Marriage Law (such as concealing the fact that the legal marriage age has not been reached and registering the marriage, or obtaining a marriage certificate by deceiving the marriage registration authority due to prohibited family relationships, etc.), although there is a marriage certificate, the marriage is invalid from the beginning and will not have the legal effect of marriage. There are also no legal rights and obligations between the parties as husband and wife. Sichuan Faneng Law Firm is dedicated to serving you.