Customer Cases
When was the marriage terminated due to the death of one party
Time:2025-09-01 Views:1433
1
If the spouse dies, the marital relationship shall be terminated upon death. For example, if a spouse is declared dead by a people's court, the marital relationship shall be terminated from the date of the declaration of death.
Civil Code of the People's Republic of China
Article 51: The marital relationship of a person who has been declared dead shall be terminated from the date of the declaration of death. If the death declaration is revoked, the marital relationship shall be restored on its own from the date of revocation of the death declaration. However, this does not apply to cases where the spouse remarries or declares in writing to the marriage registration authority that they do not wish to restore the marriage.
II
Fanneng Law Firm reminds you that proof of marital relationship should specify the following points:
1. Personal information of the female party, including name and identity information;
2. Personal information of the male party, including name and identity information;
3. Both husband and wife can prove that they are in a marital relationship. If both parties go to the marriage registration office to register their marriage and obtain a marriage certificate, the marital relationship has been established. Both husband and wife guarantee that the marital relationship exists truthfully without any concealment.
III
Marriage without a marriage certificate is generally not established. Living together as husband and wife without registration is actually a non marital status, and its form and content cannot be protected by law. Cohabitation between two individuals cannot be considered as a legal couple, nor can they enjoy the rights that couples can enjoy under the law when cohabiting.
Article 1046 of the Civil Code of the People's Republic of China
Marriage should be completely voluntary for both men and women, and it is prohibited for either party to force the other, or for any organization or individual to interfere.
Article 1048 of the Civil Code of the People's Republic of China
Marriage is prohibited for direct blood relatives or collateral blood relatives within three generations
Article 1049 of the Civil Code of the People's Republic of China
Both the man and woman who request marriage should personally apply for marriage registration at the marriage registration office. Those who comply with the provisions of this law shall be registered and issued a marriage certificate. Completing marriage registration establishes the marital relationship. Those who have not registered their marriage should apply for registration again. Sichuan Faneng Law Firm is dedicated to serving you.