If the husband is dead and the woman wants to remarry, do I need to go through the divorce procedure

Updated on society 2024-07-19
31 answers
  1. Anonymous users2024-02-13

    No, a death certificate is sufficient.

    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 are required to be present in the divorce procedure.

    According to the normal procedure of divorce in the country, both parties need to be present together and take the relevant documents before the divorce procedure can be processed. 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 special procedures.

    After the death of one of the spouses, it is okay for one party to dissolve the marriage relationship, as long as the death certificate of the other party and the documents of both parties can directly dissolve the marriage relationship of the two 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.

  2. Anonymous users2024-02-12

    1. No, you don't. 2. This situation is widowed.

    3. Go to the police station to close the account and change the record in the household registration book to be widowed.

    4. Then go to the Civil Affairs Bureau to submit a new household registration booklet, ID card and other materials.

  3. Anonymous users2024-02-11

    If one of the spouses dies due to an accident, the other spouse does not need to go through the divorce registration, and when remarrying, the parties need to provide the death certificate of the former spouse.

  4. Anonymous users2024-02-10

    No, it's a widow, not a divorce, so you don't need to go through a divorce, you should have done a death certificate transfer at that time.

  5. Anonymous users2024-02-09

    No, you don't. Because after the death of either husband and wife, the other party is alone, and there is no longer a marriage, and the living party wants to remarry, so naturally there is no need to divorce.

  6. Anonymous users2024-02-08

    No. If you have a death certificate issued by the police station, you can remarry without going to the civil affairs department, and if you do not 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 reissue it. When you get married again, you can bring your ex-husband's death certificate with you.

    The Chinese Tujili, so, when you have time, you can first take the death certificate to the civil affairs department to cancel your marriage relationship with your ex-husband. Then, take your current boyfriend to get a marriage certificate.

    Addendum: If you have a death certificate, you can just go to the boyfriend to register it, because the marriage law stipulates that the marriage is automatically dissolved because one of the parties to the marriage dies or because one of the parties is sentenced to life imprisonment. Your ex-husband also passed away, so you are no longer responsible for the marriage.

  7. Anonymous users2024-02-07

    No, widowhood automatically dissolves the marriage.

  8. Anonymous users2024-02-06

    If your husband is dead, there will be no such thing as divorce, who do you go to divorce, the dead person's household registration is gone, and he has disappeared from this world, and there is no need to go through divorce procedures.

  9. Anonymous users2024-02-05

    A widowed woman does not need to go through a divorce because the marriage is automatically dissolved after the death of the man. Of course, you need to go to the public security bureau to cancel your household registration.

  10. Anonymous users2024-02-04

    Since the husband is dead, the woman does not need to go through the divorce procedures when she remarries, because from the day the husband died, you are already single.

  11. Anonymous users2024-02-03

    The husband is dead, and the woman does not need to go through the divorce procedures if she wants to remarry. If one of the spouses dies, the marriage will be terminated naturally, and if you remarry, you don't need to go through other procedures, just in case, you can bring the death certificate of the deceased party.

  12. Anonymous users2024-02-02

    According to your description, you don't need a divorce, your husband dies and the marriage relationship is dissolved.

  13. Anonymous users2024-02-01

    No, but if you are unmarried in your previous household registration book, you may need to change your unmarried to married first, and then to widowed, so that the marriage procedures will be simpler, so you should pay attention to the part of your household registration book marital status, otherwise it will be very troublesome if it involves household registration issues at that time.

  14. Anonymous users2024-01-31

    Divorce procedures must be handled first, first go to the local civil affairs bureau to register for divorce, and then remarry someone else, then it is okay, otherwise you may have this kind of bigamy.

  15. Anonymous users2024-01-30

    No, you don't. If your husband dies, your marriage with your husband will be automatically dissolved, and you do not need to go through the divorce registration procedures. If you want to remarry, you can go directly to the Civil Affairs Bureau to register your marriage according to the regulations.

  16. Anonymous users2024-01-29

    No, there is no marriage if you are widowed, and you don't need to go through divorce procedures if you want to remarry, even if you want to remarry, you don't need to go through the divorce procedures with your deceased husband and you need to go through new marriage procedures.

  17. Anonymous users2024-01-28

    In this case, there is no need to go through the divorce formalities. All you need to do is take the man's death certificate, as this is a widowhood, not a divorce.

  18. Anonymous users2024-01-27

    If the husband dies and the woman wants to remarry, she does not need to go through divorce procedures.

    Because one of the spouses dies, the marriage relationship between the two parties is naturally dissolved, and there is no need to go through divorce procedures.

    When you remarry, you can provide proof of your husband's death.

  19. Anonymous users2024-01-26

    No, this is a widow, you need to take the death certificate to the household registration office to change the marital status to widowed, and you can apply for a marriage certificate.

  20. Anonymous users2024-01-25

    If the husband dies and the woman wants to remarry, she does not need to go through the divorce procedures, because if the husband dies, the marriage will be automatically dissolved.

  21. Anonymous users2024-01-24

    If the husband dies and the woman wants to remarry, there is no need to go through the divorce procedures, and according to the relevant laws and regulations, if one of the husband and wife dies, the marriage relationship between the two parties will be terminated by themselves.

  22. Anonymous users2024-01-23

    If I'm going to have this problem, if that's the case. Since the husband is dead, and the woman wants to get married, does she need to go through the divorce procedures? In my opinion, if a woman wants to remarry, she should not need to go through divorce procedures.

    Because her husband is no longer in the world, the woman does not need to accompany her husband, she can be free, and she does not need any constraints, so she can choose her own life, and she can also go to the man she likes.

  23. Anonymous users2024-01-22

    The husband is dead, and the woman can remarry, and there is no need to go through the divorce procedures, because everyone is dead, as long as the woman has the will to marry, she can remarry.

  24. Anonymous users2024-01-21

    If the husband dies and the woman wants to remarry, does she need to go through the divorce procedures? No, because your husband is dead and his hukou has been cancelled. You are widowed. With your own hukou, you can register your marriage.

  25. Anonymous users2024-01-20

    If the husband is dead, the woman does not need to go through the divorce procedures if she wants to remarry, but she needs to produce a death certificate to remarry.

  26. Anonymous users2024-01-19

    If the husband dies and the woman wants to remarry, she does not need to go through the divorce procedures, which is a widow. Hope.

  27. Anonymous users2024-01-18

    No, you don't. When one of the spouses dies or is declared dead, the relationship between husband and wife is automatically dissolved and there is no need to go through divorce procedures. Therefore, if the husband dies, the marriage relationship is automatically dissolved, and he can directly remarry and need to go through divorce procedures.

  28. Anonymous users2024-01-17

    Legal analysis: For the death of the spouse and remarriage, if the household has been closed, the marriage registration can be done in the same way as the first marriage; If the spouse's household registration has not been cancelled, then you need to bring the death certificate, cremation certificate and other relevant documents to the local police station to go through the household registration cancellation procedures, and then you can get the marriage certificate.

    Legal basis: Article 5 of the Regulations on the Administration of Marriage Registration Mainland residents who apply for 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.

    Hong Kong residents, Macao residents, and Taiwan residents who have gone through marriage registration shall present the following certificates and supporting materials:

    1) Valid pass and ID card of the applicant.

    2) A statement notarized by a notary public at the place of residence that the person has no spouse and that he or she has no direct blood relatives or collateral blood relatives within three generations with the other party.

    Overseas Chinese who go through marriage registration shall present the following documents and supporting materials:

    1) Valid passport of the applicant.

    2) A certificate issued by a notary public or competent authority of the country of residence and certified by the embassy (consulate) of the People's Republic of China in that country that the person has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party, or a certificate issued by the embassy (consulate) of the People's Republic of China in that country that he has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party.

    Foreigners who go through marriage registration shall present the following documents and supporting materials:

    1) A valid passport or other valid international travel document of the applicant.

    2) A certificate issued by a notary public or competent authority of the country where the person is located, authenticated by the embassy (consulate) of the People's Republic of China in that country or authenticated by the embassy (consulate) of that country in China, or a certificate issued by the embassy (consulate) of the country where the country is located that he has no spouse.

  29. Anonymous users2024-01-16

    The person concerned will need to provide a death certificate of the ex-spouse. Secondly, it is also necessary to sign a statement that I have no spouse in my household registration booklet, ID card, 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.

    If there is no death certificate, you can bring the deceased's ID card and the certificate issued by the village committee or neighborhood committee to the police station to reissue it.

    1. What are the requirements for widowed remarriage registration?

    1. Both men and women must marry voluntarily (independently).

    2. Age of marriage: 22 years old for men. Female: 20 years of age or older.

    3. Neither party has a spouse (unmarried, divorced, widowed).

    4. There is no direct blood relationship between the two parties and collateral blood relatives within three generations (independent prompt).

    2. What are the documents to be submitted for widow remarriage registration?

    1. My permanent residence booklet and resident ID card (one generation and two generations are acceptable).

    2. Provide proof of cancellation of household registration of the deceased party.

    3. The parties submit 3 2-inch recent half-length bareheaded color photos** (can be taken on the spot).

    4. I have no spouse and no direct blood relatives and collateral blood relatives within three generations with the other party (fill in on the spot).

    3. What is the procedure for the registration of widows and remarriages?

    1. Both men and women who require marriage registration shall jointly apply to the marriage registration authority of the district or county-level civil affairs bureau (or town people**) of one party's permanent residence with the required documents.

    2. Both parties shall apply in person to the marriage registration authority, and each shall fill in a "Declaration of Application for Marriage Registration".

    3. Both parties must sign or fingerprint in person in the "Declaration of Application for Marriage Registration" in front of the marriage registrar.

    4. The marriage registration authority shall examine the documents and declarations submitted by both parties, and if the conditions for marriage registration are met, the registration shall be approved.

    To sum up, if one party has not cancelled the household registration of the deceased party, then one party needs to bring the other party's death certificate, cremation certificate and other relevant certificates to the local police station to go through the household registration procedures, and then go through the marriage registration procedures with the current lover.

    Legal basis

    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. Where the declaration of death is revoked, the marital relationship shall be restored on its own on the date on which the declaration of death is revoked. Except where the spouse remarries or declares in writing to the marriage registration authority that he is unwilling to reinstate.

  30. Anonymous users2024-01-15

    When one of the spouses dies, the marriage between the two spouses is automatically dissolved, and there is no need to go through the divorce registration formalities. If you want to marry someone else, you only need to follow the following procedures:

    1. Both parties apply for marriage registration in person at the marriage registration authority where one of the parties is registered;

    2. Each party fills in a "Declaration of Application for Marriage Registration", and signs or presses a fingerprint in the "Declaration of Marriage Application" in front of the marriage registrar in person;

    3. If the marriage registration authority examines the documents and statements submitted by both parties and meets the conditions for marriage registration, it shall register and issue a marriage certificate on the spot.

    To remarry, you need to go through the following steps:

    1. Application: Take 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;

    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 be present in person to submit the above procedures;

    3. Review: check the household registration book, ID card, see if the ID card is expired, and whether it is the same as the party;

    4. Registration: ask both parties whether they are voluntary, pay the registration fee of 9 yuan, write a statement on both sides, sign and fingerprint, register the person number, register and print the marriage certificate, and fill in the "Marriage Registration Review and Processing Form";

    5. Issuance of certificates: After going through the registration procedures, the relevant registration procedures will be archived, and the marriage certificates of both parties will be issued on the spot, and the marriage relationship between the two parties will be officially announced, and the law will confirm the marriage relationship of the two parties with the divorce certificate.

    Legal basis

    Article 1046 of the Civil Code.

    Marriage shall be completely voluntary between the man and the woman, and neither party shall be allowed to coerce the other, and it shall be 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.

  31. Anonymous users2024-01-14

    Legal analysis: The woman needs to go to the police station with her spouse's death certificate to change the marital status column on the household registration book to "widowed". Then go through the marriage registration formalities with the death certificate.

    The specific documents required and the process are the same as those for ordinary marriage registration, and only the additional spouse's death certificate needs to be submitted.

    Legal basis: Article 4 of the Marriage Registration Regulations provides that when a mainland resident marries, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register the marriage. Where a Chinese citizen marries a foreigner in Chinese mainland, or a mainland resident marries a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the marriage registration.

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