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How to reapply for marriage registration in 2022？
Time:2025-08-28 Views:1980
I. Is cohabitation before marriage illegal? Do I need to go through the marriage registration procedures again?
In contemporary society that fully respects individual freedom of love, as long as a man and a woman are in love and neither of them has a spouse, the law will not interfere with their cohabitation behavior. Therefore, cohabitation before marriage is not illegal. However, if one or both parties already have spouses, cohabitation between them is clearly an illegal act. In serious cases, it may even constitute the crime of bigamy and be subject to legal sanctions. To obtain a stable and completely legal marital relationship, both parties should still go through the marriage registration procedures as soon as possible. Because, although cohabitation before marriage is not an illegal act, it is still not a legal and valid marital relationship. Therefore, if the two sides break up in the future and disputes arise regarding property, children, etc., it will be rather troublesome to handle them.
After completing the marriage registration procedures, even if there are property disputes or other issues between the man and the woman in the future, their marital relationship will be calculated from the time they began cohabitation. In this way, the property during the cohabitation period can be regarded as joint property for distribution.
However, it should also be noted that if neither party is of the legal age for marriage (22 years old for men and 20 years old for women) when cohabiting, then after the marriage registration is completed, their marital relationship will be calculated from the day when both parties reach the legal age for marriage.
When does the effect of a supplementary marriage registration come into effect?
Supplementary registration is a supplementary provision for men and women who meet the marriage conditions but live together as husband and wife without registration. It is added to guide them to correctly understand the marital relationship and the legal status of the parties to the marital relationship. For such issues, they should be handled in a realistic and objective manner based on different circumstances. On December 24, 2001, the Supreme People's Court's Interpretation No. 30 stipulated:
Where a marriage registration is made up, the validity of the marital relationship shall be calculated from the time when both parties meet the substantive requirements for marriage as stipulated in the Civil Code.
2. Before the promulgation and implementation of the "Regulations on the Administration of Marriage Registration" by the Ministry of Civil Affairs on February 1, 1994, if both men and women had already met the substantive requirements for marriage but had not registered, they shall be treated as de facto marriages. After the promulgation and implementation of the "Regulations on the Administration of Marriage Registration" by the Ministry of Civil Affairs on February 1, 1994, if both men and women meet the substantive requirements for marriage, the people's court shall notify them to make up the marriage registration. If they fail to make up the marriage registration, it shall be treated as the dissolution of the cohabitation relationship.
The supplementary marriage registration has standardized the legally recognized de facto marriage and cohabitation phenomena of both men and women that meet the substantive requirements for marriage. For the de facto marriages left over from history, as long as they meet the requirements for de facto marriage as stipulated in the relevant judicial interpretations of the Supreme People's Court, they are still regarded as de facto marriages. For those that do not meet the requirements for de facto marriage, they are regarded as cohabitation.
Iii. How to Reapply for Marriage Registration?
Article 27 and Article 28 of the "Regulations on Marriage Registration" stipulate the conditions and procedures for the initial marriage registration, while Article 42 stipulates the procedures for supplementary marriage registration, that is, "When applying for supplementary marriage registration, the parties shall fill in the 'Declaration of Application for Supplementary Marriage Registration', and the marriage registration authority shall handle it in accordance with the marriage registration procedures." From this, it can be seen that the most obvious difference between initial registration and supplementary registration lies in the different application forms filled out. The former fills out the "Declaration of Application for Marriage Registration", while the latter fills out the "Declaration of Application for Supplementary Marriage Registration". According to the document examples provided in the attachment of the specification, the main difference between the two lies in the different contents of the declaration. The content that both parties should declare in the "Declaration of Application for Supplementary Marriage Registration" is as follows: I and the other party have been cohabiting as husband and wife since _____ year ___ month ___ day, and neither of us has married a third party or been cohabiting as husband and wife again. The two parties have no direct blood relationship or collateral blood relationship within three generations. They are aware of each other's physical health conditions. Now, in accordance with the provisions of the Civil Code of the People's Republic of China, we voluntarily become husband and wife. The content declared by both parties in the "Declaration of Application for Marriage Registration" is as follows: Neither I nor the other party have a spouse, no direct blood relationship or collateral blood relationship within three generations. We understand each other's physical health condition. Now, in accordance with the provisions of the "Civil Code of the People's Republic of China", we voluntarily become husband and wife. Sichuan Faneng Law Firm is dedicated to serving you.