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Why do we need to register for marriage？ How to handle marriage registration？
Time:2025-09-01 Views:1516
Why is it necessary to register for marriage?
Article 8 of the Marriage Law of our country stipulates: "Both men and women who are required to get married must personally go to the marriage registration office to register their marriage. Those who meet the requirements of this law shall be registered and issued a marriage certificate, thus establishing the marital relationship. This regulation states:
(1) Registration is a mandatory legal procedure for marriage.
(2) Registration is the only legal procedure for marriage.
(3) Implementing a marriage registration system is necessary for strictly enforcing the Marriage Law and protecting marital relationships.
(4) Implementing a marriage registration system can enhance the legal awareness of the parties involved, promote legal education and socialist moral education, reduce disputes, maintain stability and unity, and protect the legitimate rights and interests of the parties involved.
Does holding a traditional wedding without obtaining a marriage certificate constitute a de facto marriage?
This situation does not constitute a legal marriage relationship. In this regard, Article 8 of the revised Marriage Law on April 28, 2001 stipulates: "Both men and women who are required to get married must personally go to the marriage registration office to register their marriage. Those who meet the requirements of this law shall be registered and issued a marriage certificate. Obtaining a marriage certificate establishes the marital relationship. Those who have not registered their marriage shall apply for registration." This means that although traditional weddings have been held, they do not belong to legal marriage relationships and are not protected by law because they have not registered or reissued their marriage.
Secondly, the two are not part of a de facto marriage. On December 24, 2001, Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Part 1) stipulated that "If a man or woman who lives together in the name of husband and wife without registering their marriage in accordance with Article 8 of the Marriage Law sues the people's court for divorce, they shall be treated differently:
（1） Prior to the implementation of the Marriage Registration Management Regulations by the Ministry of Civil Affairs on February 1, 1994, if both parties had already met the substantive requirements for marriage, they would be treated as a de facto marriage;
（2） After the promulgation and implementation of the Marriage Registration Management Regulations by the Ministry of Civil Affairs on February 1, 1994, if both parties meet the substantive requirements for marriage, the people's court shall inform them to apply for marriage registration before accepting the case; Those who have not completed the marriage registration shall be treated as terminating the cohabitation relationship. ”Due to their cohabitation occurring after February 1, 1994, it does not constitute a de facto marriage but rather an illegal cohabitation relationship. Thirdly, illegal cohabitation cannot be terminated through litigation. On December 26, 2003, Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) stipulated: "If a party files a lawsuit requesting the termination of a cohabitation relationship, the people's court shall not accept it. However, if a party files a lawsuit due to property division or child custody disputes during the cohabitation period, the people's court shall accept it
How to handle marriage registration?
Documents submitted for marriage registration:
1. My permanent household registration book and resident ID card.
2. I hereby declare that I have no spouse and no direct blood relationship or collateral blood relationship within three generations with the other party.
3. The parties involved submit three 2-inch recent half body color photos without a crown.
The procedure for marriage registration:
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 reviews the documents and statements submitted by both parties, and if they meet the conditions for marriage registration, they are allowed to register.
Note: The Ministry of Civil Affairs' opinions on several issues concerning the implementation of the Marriage Registration Regulations, if the party concerned is unable to issue a household register, the marriage registration authority can handle the marriage registration with the registered residence certificate stamped with the seal issued by the public security department or the relevant registered residence registration management agency. Sichuan Faneng Law Firm is dedicated to serving you.