Is there a need for divorce when one spouse dies and the other spouse remarries?

If one of the spouses dies, the marriage is terminated naturally, and there is no need for "divorce". I don't know if one of the spouses that LZ said died a natural death or how. If it is not a natural death, it is necessary to apply to the people's court for a declaration of death.

Article 23 of the General Principles of the Civil Law of the People's Republic of China Where a citizen has any of the following circumstances, the interested party may apply to the people's court for a declaration of his death: (1) His whereabouts have been unknown for four years; (2) Where the whereabouts of the accident are unknown, and two years have elapsed since the date of the accident. Where their whereabouts are unknown during the war, the period of their whereabouts is unknown is calculated from the date on which the war ends.

Article 24: Where a person who has been declared dead reappears or truly knows that he is not dead, the people's court shall revoke the death declaration upon application by the person or interested parties. Civil juristic acts carried out by a person with civil capacity during the period when he is declared dead are valid. Article 25: A person whose death declaration has been revoked has the right to request the return of property.

A citizen or organization that acquires his property in accordance with the inheritance law shall return the original property; If the original does not exist, appropriate compensation shall be given. 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 (II) provides that if one or both of the spouses dies within one year after the death of one or both spouses, the people's court shall accept the application for a declaration of nullity of marriage in accordance with the provisions of Article 10 of the Marriage Law. Article 6: Where an interested party applies to a people's court to declare a marriage invalid on the basis of article 10 of the Marriage Law, the interested party is the applicant, and both parties to the marriage relationship are the respondents.

If one of the husband and wife dies, the surviving party is the respondent. If both husband and wife are deceased, the respondent shall not be listed. If you die normally, if you die in the hospital, you should have a death certificate, right?

What kind of certificate can I issue when I go to the police station to cancel the household registration? Or LZ went to the Marriage Management Registration Office of the Civil Affairs Bureau to inquire.

According to the provisions of the Marriage Act, a marriage is terminated by the death of one of the parties and no divorce is required. The procedure for remarriage is the same as for the first marriage.

When one of the husband or wife dies, the marriage is automatically extinguished. When you remarry, you need to go to the police station to issue a death certificate.

After the death of one of the spouses, the other spouse must go through the divorce procedures when he or she remarries, and the death certificate given directly to the other party can prove that the relationship between the husband and wife is dissolved, and then the marriage procedures can be completed.

1. Both parties need to be present in the divorce procedure, and the normal procedures for divorce in the country require both parties to be present together and take the relevant materials before the divorce procedures can be handled. Since one of the parties has died, there is no need to go through the divorce formalities at all, and the other party is no longer alive, it is impossible to go to the Civil Affairs Bureau to handle it, and being able to go through the divorce procedures proves that he is still alive.

2. The death of one party can only go through the special procedure After the death of one of the spouses, it is okay for one party to want to dissolve the marriage relationship, and only need to bring the death certificate of the other party and the documents of both parties to directly dissolve the marriage relationship of both parties. Since he has died, there is no point in going through the divorce procedures again, and he only needs the staff to directly close the account and explain the death, and there is no need for a complicated process. Nowadays, we are trying to do things simply and efficiently, rather than complicating simple things, which will only delay each other's time.

3. Registration in accordance with the procedures of the State, whether it is marriage or divorce, shall be carried out in accordance with the relevant laws and procedures of the State, and no special treatment shall be given. Remarriage is a person's freedom, but it should also be handled on the basis of the previous marital relationship before going through the marriage procedures, and you can't skip marriage directly, which does not meet the regulations, and it is also impossible to do business.

Marriage is a sign of happiness for a person, but remarriage is also a person's right, and we should respect everyone's attitude towards marriage. Many times in marriage, there will always be a person who dies first, we should face this situation correctly, and it is understandable to remarry, but we must deal with the relationship of the previous marriage in order to give others a guarantee.

If you don't believe it, you can go to the Civil Affairs Bureau to ask about the situation.

When one of the spouses dies and the other spouse remarries, there is no need for divorce procedures, and the death certificate can be provided directly.

No, you just need to change the corresponding information to prove that the other half is dead, then you can remarry, basically there will be no effect.

If one party dies due to an accident, the other party does not need to go through divorce registration and divorce procedures, and the parties need to provide their relevant identity documents and the death certificate of their ex-spouse when they remarry.

Legal analysis: With the death certificate of one party, go to the household registration department to change the registration, and then you can register the marriage again.

Legal basis: Civil Code of the People's Republic of China

Article 1046:Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to coerce the other party, and it is forbidden for any organization or individual to interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049:A man and a woman who wish to marry shall apply for marriage registration at the marriage registration office in person. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After marriage is registered, the woman may become a member of the man's family and the man may become a member of the woman's family in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

No, after the death of the spouse, the marriage relationship between the husband and wife has been automatically dissolved, bring the household registration certificate, resident ID card, and spouse's death certificate to the place where the household registration is located to cancel the household registration.

If you need to handle it, you need to issue a death certificate at this time, and then take these certificates to the local civil affairs bureau to apply for a widow certificate, so that you can register your marriage with other people.

If one party dies due to an accident, the other party does not need to go through the divorce registration, and when remarrying, the person concerned needs to provide the death certificate of the former spouse. Secondly, you also need your household registration book and ID card; A signed statement that I have no spouse and no direct blood relatives or collateral blood relatives within three generations with the other party. If you have a history of marriage, you need to provide proof that you have no spouse.

Legal basis] Article 5 of the Regulations on Marriage Registration stipulates that mainland residents who go through marriage registration shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card;

2) A signed statement that he or she has no spouse and no direct blood relatives or collateral blood relatives within three generations with the other party.

The divorce certificate of a person with a history of marriage is the "certificate of no spouse" as stipulated in paragraph (2).

There is no need for divorce procedures, and it is not possible to go through the divorce procedures if one of the parties has died.

When remarrying, it is sufficient to hold the death certificate of the other party or other materials proving death.

When one of the spouses dies and the other spouse remarries, only the death certificate is required, and there is no need for divorce procedures, because there is no divorce fact.

Is there a need for divorce when one spouse dies and the other spouse remarries? If one spouse dies and the other spouse remarries, there is no need for divorce procedures, and if you are afraid that the other party may lie, you need a death certificate.

A living person and a living person who meet the requirements for marriage registration between a man and a woman may register marriage or divorce, and where there is no marriage or divorce between a living person and a dead person, one of the husband and wife dies for any reason, and the other party may remarry, and there is no such thing as divorce first and then remarriage.

If one of the spouses dies, in case of death. When the other party remarries. Issuance is required. Death certificate of the ex-husband. In this way, the marriage can be registered. There is no need to go through divorce procedures.

According to the provisions of the Marriage Law, the death of one of the spouses during the marriage is equivalent to the dissolution of the marriage, and the other spouse is single, and no divorce procedures are required when remarrying.

There is no need for divorce procedures, and there will be a mark of the death of the other party in the household register, which can be seen when applying for a marriage certificate.

If one of the husband and wife dies and the household registration has been cancelled, it is a single life, and no divorce procedures are required for remarriage.

If one of the spouses has died, the other spouse does not need to be divorced if he or she remarries.

In principle, there is no need, one party dies, and the other party has already returned to singleness.

No, you can consult your local civil affairs bureau for details.

Answer: Death? If there is a death record, there is no need for divorce procedures when remarrying, and then get married.

What is not needed, all are dead, and what is not needed.

You are legally illiterate, one of the husband and wife died, you are widowed, take your husband's death certificate to the public security bureau to issue a certificate and then consult the civil affairs bureau.

The other party is "widowed", that is, single. That is, the state that you can remarry.

With the death certificate of one party, go to the household registration department to change the registration, and then you can register the marriage again.

1. How long does it take for the wife to die and remarry.

1. If there is a death certificate issued by the police station, you can remarry. You don't need to go to the civil affairs department, if you don't have a death certificate, you can bring the deceased's ID card and the certificate issued by the village (neighborhood) committee to the police station to reopen it. When you get married again, you can bring your ex-wife's death certificate with you.

If you have time, you can first take the death certificate to the civil affairs department to cancel the marriage between you and your ex-wife. Then, go to get a marriage certificate.

2. There is no need to go through divorce procedures, and the marriage relationship has been dissolved. The following materials are required: (1) proof of household registration; (2) Resident ID card; (3) Proof of the death of the former spouse.

2. Can I register my marriage again if I have not separated my household after divorce?

If the two parties have divorced but have not divided the household, it will cause them to be unable to remarry or use the household registration booklet, and the other party can hold his or her ID card;

If you go to the police station where your household registration is located, you can go through the remarriage formalities by going to the police station where your household registration is located and requesting a new large print of your household registration booklet. You can also apply for a replacement of the household registration book or go to the household registration department to issue a household registration certificate.

3. Can a copy of the death certificate be remarried?

It is not necessary to bring a copy of the death certificate; If your husband dies, you need to go to the household registration department to cancel your household registration, and at the same time, the household registration department will change the marriage status of your spouse to widowhood, which means that your household registration book reflects the widowhood, which can prove that you can remarry. You can go directly to the Civil Affairs Bureau to go through the marriage registration procedures.

Civil Code of the People's Republic of China

Article 1046:Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to coerce the other party into imitation holes, and it is forbidden for any organization or individual to interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049:A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

One of the spouses can remarry after death. When one of the husband or wife dies, the marriage is automatically extinguished. When you remarry, you need to go to the police station to issue a death certificate.

Remarriage requires the following procedures: 1. The application must submit the original ID card (temporary ID card) of both men and women, the original household registration book (household registration certificate, collective household registration page), and three 2-inch recent bareheaded group photos. It should be noted that:

If you have been divorced, please bring a divorce certificate or judgment. 2. Accept the marriage registration office hall of the civil affairs department where one party's household registration is located, and both parties will be present in person to submit the above procedures. 3. Review the staff of the marriage registration office to check the household registration book and ID card to see whether the ID card is expired and whether it is the same as the parties.

4. The staff of the registration marriage registration office asks both parties whether they are voluntary, pays the registration fee of 9 yuan, and both parties write a statement, sign and print their fingerprints, register the person number, register and print the marriage certificate, and fill in the marriage registration review and processing form. 5. After the issuance of the certificate and the registration procedures, the relevant registration procedures shall be archived, and the marriage certificate of both parties shall be issued on the spot, and the marriage relationship between the two parties shall be officially announced, and the marriage relationship of the two parties shall be confirmed by the law.

Civil Code of the People's Republic of China

The first honor is bright one thousand and fifty-one.

In any of the following circumstances, the marriage is invalid:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1).

Article 14. After the death of one or both husband and wife, the surviving party or interested parties request confirmation of the invalidity of the marriage in accordance with the provisions of article 1051 of the Civil Code, the people's court shall accept it.