If one of the spouses dies unexpectedly, how can the other spouse go through the divorce procedures?

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

    If one of the spouses dies unexpectedly, the other spouse does not need to go through the divorce formalities, and the marriage relationship is automatically terminated from the date of death. If a natural person's capacity for civil rights begins at birth and ends with death, and if one of the spouses dies, his or her capacity for civil rights is terminated and he no longer has the capacity for civil rights to have a marital relationship, and his marital relationship is automatically extinguished from the date of his death, and there is no need to go through divorce formalities.

    Article 13 of the Civil Code of the People's Republic of China: From the time of birth to the time of death, natural persons have the capacity for civil rights, enjoy civil rights in accordance with law, and bear civil obligations.

    Article 51: The marital relationship of a person who has been declared dead shall be terminated from the date on which the death is declared. 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. However, this does not apply to the spouse who remarries or declares in writing to the marriage registration authority that he is unwilling to reinstate.

    Therefore, from the above provisions, we can see that if one of the spouses dies unexpectedly, his or her civil rights capacity will be automatically terminated, and the other spouse can terminate the relationship without going through divorce procedures.

  2. Anonymous users2024-02-12

    If one of the spouses dies unexpectedly, then there is no need for divorce, and the marriage is terminated because of his death. The other party can marry as he pleases. If he remarries, his death certificate will need to be provided.

  3. Anonymous users2024-02-11

    There is no need for divorce, and if a person dies, the marriage will be automatically dissolved. Take the death certificate, household registration book, and cancel the household registration.

  4. Anonymous users2024-02-10

    If one of the spouses dies, then the relationship between the husband and wife will be terminated naturally, and there is no need to go through the divorce procedures, and there is no way to go through the divorce procedures. This is a widow, and if you want to get married again in the future, you can handle it with your previous death certificate and other relevant materials.

  5. Anonymous users2024-02-09

    If one of the spouses dies unexpectedly, how can the other spouse go through the divorce procedures? Accidental death of one of the spouses. It needs to be cut off. And the divorce procedure was naturally dissolved.

  6. Anonymous users2024-02-08

    This friend, the spouse died, this is widowed, it is impossible to go to the divorce.

    It is possible to inherit the estate of the spouse in accordance with the law.

  7. Anonymous users2024-02-07

    If one of the husband and wife dies, there is no need to go through the divorce procedures, take the death certificate to the police station to cancel the household, the deceased party will disappear in the household register, and the remaining party's marital status is widowed, so that you can justifiably fall in love and get married again, without going through divorce, and even the object of divorce is not divorced.

  8. Anonymous users2024-02-06

    People are dead, they are widowed, the relationship between husband and wife no longer exists, the other party has become single, and there is no need to go through divorce procedures.

  9. Anonymous users2024-02-05

    If one party has no intention of dying, the other party only needs to bring the death certificate and household registration book to the police station where he or she lives to cancel the household registration, and then fill in the widowhood on the personal page of the marital status.

  10. Anonymous users2024-02-04

    Accidental death of one of the spouses. Then what kind of divorce procedures do you need? You're directly widowed. What materials to directly give the other party's death certificate to the police station. The deceased's account was cancelled. You're free.

  11. Anonymous users2024-02-03

    Civil Code on the termination of marriage relationship:1death of one of the spouses; 2. The marriage relationship is annulled; 3. Divorce. That is to say, when there is a statutory circumstance of the death of one of the spouses, the marriage relationship is terminated, and the other party does not need to go through any formalities.

  12. Anonymous users2024-02-02

    This kind of thing is not a divorce, you need to go to the local police station to go through the death cancellation procedures, the household registration will be marked with the word death cancellation, even if you remarry will not be affected, and there is no need to provide a divorce certificate.

  13. Anonymous users2024-02-01

    If one of the spouses dies unexpectedly, the surviving spouse has legally become widowed and returns to single, and there is no need to go through divorce procedures.

  14. Anonymous users2024-01-31

    The people are gone. Who is still getting married? Do you want to divorce a ghost?

    Welcome relationships include: Fewer divorces. Words in the morning.

    Naturally, I became single. Can be as big as you like. Looking for the other half, there is no need to go through any divorce procedures.

  15. Anonymous users2024-01-30

    You don't need a divorce in this case, the widow is single, you can get married, there is no need to go through the divorce!

  16. Anonymous users2024-01-29

    If one party dies, you don't need to go through the divorce procedures, the marriage relationship of one party who died does not exist, and you can remarry with a death certificate of one party.

  17. Anonymous users2024-01-28

    There is no way to handle the divorce procedures for the other party who has died in general, and it will be automatically dissolved if it is dissolved, and there is no need to handle it.

  18. Anonymous users2024-01-27

    If one of the spouses dies due to an accident, then their marriage no longer exists. If it is necessary to prove marital status, it is sufficient to issue an accidental death certificate.

  19. Anonymous users2024-01-26

    If one of the husband and wife dies unexpectedly, the relationship between husband and wife will naturally be terminated, and there is no need to go through divorce procedures.

  20. Anonymous users2024-01-25

    If one party dies, there is no need to go through divorce procedures, only a death certificate is required, and his household registration will be cancelled naturally.

  21. Anonymous users2024-01-24

    One party has died unexpectedly, and the marriage relationship will automatically disappear, and I am really helping you look forward to it

  22. Anonymous users2024-01-23

    In this case, you don't need to go through the divorce procedures, you just need to take the death certificate and go to the police station where your household registration is located to cancel your account.

  23. Anonymous users2024-01-22

    Since one of the husband and wife has died, why should he go through the divorce, as long as one of the spouses is dead, although he has to go through the divorce, he is a single child.

  24. Anonymous users2024-01-21

    If one of the spouses dies unexpectedly, the other party does not need to go through the divorce procedures, now you are already alone, the other party is not there, you can also choose to get married, if the other party is still together, you can divorce, the other party is dead and no longer exists, now even if you want to get married, you can, because you are now single.

  25. Anonymous users2024-01-20

    Accidental death of one of the spouses. How does one party go through the divorce procedures? You just take your other's.

    Well, cremation proof. Well, take that. Relevant departments.

    If you are widowed, you don't need to go through the divorce procedures, and you can change it to widowhood directly in the divorce column.

  26. Anonymous users2024-01-19

    If one of the spouses dies unexpectedly, how can the other spouse go through the divorce procedures? If one of the spouses dies unexpectedly, the other spouse does not have to go through the divorce procedures, because the divorce still has the opportunity to meet, and death leaves forever.

  27. Anonymous users2024-01-18

    Legal analysis: If one party dies, the other party does not need to go through the divorce registration. The marriage is terminated by the death of one of the spouses and no divorce is required. When remarrying, the person concerned will need to provide the death certificate of the ex-spouse.

    Legal basis: Article 1080 of the Civil Code of the People's Republic of China The marriage relationship shall be dissolved when the registration of divorce is completed, or the divorce judgment or mediation document takes effect.

  28. Anonymous users2024-01-17

    Legal analysis: After the Civil Code came into effect, due to the addition of the cooling-off period system for divorce, the procedure for divorce by agreement was changed to:

    1) Prepare a divorce settlement. Both men and women must sign a written divorce agreement, which must include the voluntary divorce and agreement on matters such as child support, property and debts.

    2) Application acceptance. Both men and women need to go to the Civil Affairs Bureau in person to apply for divorce registration with their ID cards, household registration booklets, marriage certificates, written divorce agreements and other materials.

    3) Cooling-off period. Within 30 days from the date of application for divorce registration, if either party is unwilling to divorce, he or she may go to the Civil Affairs Bureau to withdraw the application for divorce registration. This is known as the "30-day cooling-off period".

    4) Review and issuance. If the 30 days are over, from the 31st day to the 60th day, both the man and the woman must go to the Civil Affairs Bureau in person to apply for a divorce certificate.

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

    Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

    The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

    Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

    People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

    In any of the following circumstances, if mediation fails, a divorce shall be granted:

    1) bigamy or cohabitation with another person;

    2) Committing domestic violence or abusing or abandoning family members;

    3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

    4) Separated for two years due to emotional discord;

    5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

    Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

    Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

  29. Anonymous users2024-01-16

    If one party dies in distress, the other party does not need to register for divorce. The marriage is terminated by the death of one of the spouses and no divorce is required. When remarrying, the person who believes in the fight is required to provide the death certificate of the ex-spouse.

    Legal basis: Article 1080 of the Civil Code of the People's Republic of China dissolves the marriage relationship when the divorce registration is completed, or the divorce judgment slips and the mediation document takes effect.

  30. Anonymous users2024-01-15

    Legal analysis: If one party dies, the other party does not need to go through divorce registration. The marriage is terminated by the death of one of the spouses and no divorce is required. When remarrying, the person concerned will need to provide the death certificate of the ex-spouse.

    Legal basis: Article 1080 of the Civil Code of the People's Republic of China The marriage relationship shall be dissolved when the divorce registration is completed, or the divorce judgment or mediation document takes effect.

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