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What documents and procedures are required for registering a second marriage
Time:2025-09-01 Views:1261
It can be processed at either party's registered residence. With the current marriage registration method, one can go to the marriage registration office of the Civil Affairs Bureau in the district where one party's household registration is located.
（1） Apply
Take the original ID cards (temporary ID cards) of both the male and female parties, the original household registration book (household certificate/collective household registration page), and three 2-inch recent bareheaded photos.
Please bring your divorce certificate or judgment for those who are remarried.
（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
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
Ask if both parties are willing to pay a registration fee of 9 yuan. Both parties should write a declaration, sign and fingerprint it, register the personnel number, register and print the marriage certificate, and fill it out<结婚登记审查处理表>.
（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.
If the dissolution of the first marriage relationship is handled in foreign countries through judicial procedures in accordance with local laws, the divorce certificate (referring to the divorce mediation statement and divorce judgment issued by the court) must be recognized by the people's court of our country, and if recognized by the ruling, it is deemed to be valid; Those rejected shall be deemed to have no legal effect; If the divorce is registered in the marriage registration authority when the marriage relationship is dissolved for the first time, the divorce certificate does not need to be recognized by the people's court of our country, but it must be authenticated by the Ministry of Foreign Affairs or an agency authorized by the Ministry of Foreign Affairs of the country where it resides, and by the Chinese embassy or consulate in that country.
China does not have specific regulations on pre marital property for remarriage, and the principles for determining pre marital property for remarriage are the same as those for determining pre marital property for first marriage.
Article 1063 of the Civil Code stipulates that the following property is the personal property of one spouse:
（1） One party's premarital property;
（2） Compensation or indemnification obtained by one party due to personal injury;
（3） Property determined in a will or gift contract to belong only to one party;
（4） Exclusive daily necessities for one party;
（5） Other assets that should belong to one party.
When determining premarital property, according to Chinese laws and regulations, the following assets belong to premarital personal property:
(1) The property owned by each spouse before marriage, including personal labor income before marriage, inherited or donated property, and other legal income. This also includes the property purchased by each party before marriage;
(2) Medical expenses and production subsidies for demobilized and transferred soldiers brought back from the military, as well as demobilization and transfer expenses for soldiers who have lived with their spouses for a short period of time after marriage;
(3) When divorcing, the clothing, daily necessities, and occupational items used by each spouse. Of course, except for valuable items;
(4) Property acquired after marriage that cannot be separated from personal identity during divorce, and intellectual property that has not received economic benefits;
(5) The agreement between husband and wife regarding property is binding on both parties. Both legal written agreements and factual oral agreements recognized by both parties are considered personal property.
The notarization of premarital property is not a matter that is legally required to be notarized in order to take effect. It follows the principle of voluntary consent of the parties, and the specific procedure is as follows: both parties to the agreement should jointly apply for notarization at a notary office with jurisdiction, fill out the notarization application form, submit the applicant's identity certificate, property rights certificate, premarital property agreement (if the parties have not written the agreement, a notary public can write it on their behalf at the request of the parties), and other supporting materials. In handling prenuptial property notarization, notaries should not only carefully examine whether the parties have the subject qualifications, whether their intentions are true, and whether the content of the agreement does not violate the law or public interest, but also pay attention to the following aspects:
1. Pay attention to reviewing the contents of the prenuptial property agreement, and ensure that the agreed upon property is uncontested by both parties. In real life, there are various ways for parties to obtain property rights, including accepting gifts, inheriting, and so on. But there is not always controversy over the ownership of property. In the process of handling such notarization, the author has encountered individual parties who have lived together for several years before marriage, jointly controlling and purchasing property (such as cars, real estate, stocks, etc.), but the property rights certificate only writes the name of one party, which appears to be one party's premarital property, but in reality it is jointly owned by both parties. Some individual parties, before preparing for marriage, jointly invested in purchasing a house, furniture, appliances, and other items, but only wrote one party's name on the property rights certificate. In fact, there are already problems with the ownership of such property. Therefore, when handling such notarization, notaries must pay attention to reviewing whether there are disputes between the parties regarding the agreed property ownership, whether the ownership of the property in the agreement, and whether the content of debt and credit processing is clear. Notarization can only be processed if both parties have no objections.
2. For pre marital property notarization without property ownership certificates, attention should be paid to collecting proof materials of the payment made by the parties when purchasing the property. In real life, some parties have actually occupied and used the house, but due to various reasons, they have not obtained the property ownership certificate of the house; Some parties have purchased a house and are preparing to get married before the house is delivered or the property ownership certificate is obtained, and have applied for pre marital property notarization. For such parties, notaries should pay attention to understanding the source of the house, the payment situation of the house, the current situation of the use and decoration of the house, and collect relevant proof materials. At the same time, they should verify with the other party. As long as the other party agrees that the situation of the other party's premarital property is true and has no objection to the agreement on property ownership, I believe that this type of premarital property agreement can be notarized.
3. Pay attention to reviewing the reasons for the parties' application for prenuptial property notarization. Applications that do not meet the requirements will not be accepted. Some parties apply for prenuptial property notarization unilaterally at the notary office before marriage, and they believe that requiring the other party to go to the notary office for prenuptial property notarization is emotionally damaging. Such notarization applications should not be accepted. At the same time, the notary should patiently explain to the parties involved the purpose and significance of handling premarital property, and encourage them to break away from traditional marriage concepts; Notify them that notarization requires both parties to personally handle it at the notary office; Notify them to apply for pre marital property notarization before or after marriage.
4. Pay attention to reviewing the property rights certificates provided by the remarried party or the other party who is a remarried party, and ensure that there are no property disputes regarding the agreed property rights. In prenuptial property notarization, some parties are particularly cautious about remarriage due to their experience of failed marriage. In order to avoid property disputes caused by divorce again, they apply for notarization of prenuptial property. When handling such notarization, notaries should pay attention to checking whether the property notarized by the parties belongs to them and whether there are any property disputes. Require the parties to provide divorce certificates and divorce agreements, and review the ownership of property. Only by clarifying the ownership of property and ensuring that the agreed upon property is free from disputes and property rights disputes, can notarized agreements play a preventive role.
5. For unmarried couples applying for prenuptial property notarization, it is important to note that the agreement and notarization document should specify the effective time of the agreement, which is after both parties sign (or sign, notarize) and complete the marriage registration. Because the subject of such property agreements is a specific entity, only after both parties have registered their marriage can their marital relationship be protected by law, and the signed prenuptial property agreement is binding on both parties. Otherwise, vice versa.
The above are the legal issues related to what documents and procedures are required for second marriage registration collected by the editor of Fanneng Law Firm for you. We believe that after reading the above content, everyone has a certain understanding. In summary, there is no difference between second marriage registration and other marriage registrations. If you have any other legal questions, please feel free to consult our professional lawyers at Fanneng Law Firm for answers. Sichuan Faneng Law Firm is dedicated to serving you.