Legally, does the wife need to get a divorce certificate after the death of the husband?

1. Regarding the procedures for remarriage, the first choice is to go to the police station with the death certificate of the spouse 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.

2. Article 29 of the Norms for Registration under the Marriage Law: Mainland residents shall submit their valid resident identity cards and household registration booklets for marriage registration, and may issue valid temporary identity cards if they are unable to submit their identity cards for any reason.

1. The name, gender, date of birth, and citizenship number on the resident ID card and household registration book shall be consistent; Where there are inconsistencies, the parties shall first go to the relevant departments to correct them.

2. The marital status on the household register shall be consistent with the declaration of the parties. In case of inconsistency, the parties shall provide the registration authorities with effective judicial documents of the court that can prove the authenticity of their statements, medical certificates (inferences) of the death of spouses and residents, and other materials; Where there are inconsistencies and the relevant materials cannot be provided, the parties shall first go to the relevant departments to make corrections.

3. If the marital status declared by the parties is inconsistent with the records in the marriage registration file, the parties shall provide the registration authorities with effective judicial documents of the court, medical certificates (inferences) of the death of spouses and residents, and other materials that can prove the authenticity of their declarations.

Legally, if my husband dies, can I get a divorce certificate again? No, if your husband dies, there is no such person, and you don't need to get a divorce certificate.

After being widowed, the relationship between the two parties naturally does not exist. In this case, there is no need for a divorce certificate. Because the marital status automatically becomes "widowed".

There is no need for a divorce. The spouse of the person concerned has died and his marital status is widowed. After the person is widowed, the marital relationship between the person and the spouse is also extinguished with the death of the other party.

The parties do not need to go through the divorce registration formalities, and the death certificate of their spouse is the certificate of their absence of a spouse. When one of the spouses dies naturally or is declared dead, the legal consequences of the termination of the marriage will occur. In the case of natural death, the marriage is automatically terminated from the moment of death.

A declaration of death, on the other hand, is extinguished from the date on which it is declared dead. Since the marriage relationship is extinguished, there is no need to divorce the other party again.

1. Will the death of the spouse be automatically divorced?

1. If one of the husband and wife dies, if it is not registered with the civil affairs department, the divorce will not be automatic.

2. The other party needs to register with the civil affairs department with the death certificate to be considered a divorce.

2. How to divide the property of one of the spouses after death.

1. When one of the husband and wife dies, all the marital property cannot be used as his inheritance, but the joint property of the husband and wife shall be recognized first.

2. Only when half of the property is owned by the surviving party and the other half is the joint property of the husband and wife can it be recognized as the personal property of the deceased party.

3. How is the issue of custody of children after widowhood regulated?

1. After being widowed, the other party can apply to the court to change the custody rights, and after the court accepts it, the court investigates and determines that the facts are clear, and the custody rights of the children will be changed.

2. Custody is a personal right of parents to their children, and there is a distinction between legitimate and illegitimate support, and in real life, due to the emergence and occurrence of various reasons, the parents' custody of their children is not well protected.

3. Parents are the first guardians of children, if the father dies, the mother is the first guardian, and if the mother has intellectual disability or remarriage, her grandparents and maternal grandparents can be the guardians.

To sum up, according to the laws of our country, there is no such thing as automatic divorce, and after the death of the husband, it only means that the other party has died, and the marital relationship formed has also disappeared, and it is not an automatic divorce.

Legal basis

Article 46 of the Civil Code of the People's Republic of China:

In any of the following circumstances, the interested party may apply to the people's court for a declaration of death of the natural person:

1) Whereabouts have been unknown for four years;

2) Due to an accident, the whereabouts have been unknown for two years.

Where the whereabouts of the natural person are unknown due to an accident, and it is proved by the relevant authorities that it is impossible for the natural person to survive, the application for a declaration of death is not subject to the two-year time limit.

Article 47.

Where some interested parties apply for a declaration of death for the same natural person, and some interested parties apply for a declaration of disappearance, and the requirements for a declaration of death as provided for in this Law are met, the people's court shall declare the person dead.

Legally, after the death of the husband, the wife does not need to get a divorce certificate. Because he is not divorced. He died of natural causes.

What is the purpose of getting a divorce certificate? It's such a joke, I haven't heard of a husband who has died. If you have a divorce certificate, this is not appropriate, this is not in line with common sense.

There is no such provision in the law. He died of natural causes, not divorce.

Legally, the Marriage Law stipulates that after the death of the husband, the wife does not need a divorce certificate, but can only provide some documents of the other party to the relevant departments and go to the public security department to eliminate the household registration.

Legally, after the death of the husband, does the wife need to get a divorce certificate? Legally, after the death of the husband, does the wife need to get a divorce certificate? Legally, after the death of the husband, the wife does not need to apply for a divorce certificate, and there is no marriage relationship automatically.

Legally, when the husband dies, the wife does not need to apply for a divorce certificate.

As long as you have your husband's death certificate issued by the local civil affairs bureau or police station, you can do it.

No, there is naturally no marriage relationship between the two people when one of them dies, anything such as buying a house, remarriage can be handled as long as there is a death certificate of one party.

The husband has passed away and has a death certificate, so the wife does not need to apply for a divorce certificate, even if the wife remarries, she does not need to apply for a divorce certificate.

If you need to get a divorce certificate, if there is such a situation, you must get a divorce certificate.

No, when your spouse dies, legally your marriage relationship with him has ended, and the marriage status of the household registration book has changed from "married" to "widowed".

It shouldn't be necessary, because people are no longer in the world, and even if they remarry, they don't need to get a divorce certificate.

Yes, if you want to hit that divorce certificate, it should seem like writing that kind of widowhood!

If you don't need it, go to the police station to cancel his household registration and apply for a death certificate!

You can be funny if you go through the divorce procedures for the living and the dead. If you have a death certificate, you can do things.

Hello, if one of the husband and wife dies and one party wants to remarry, he or she should go to the civil affairs department to cancel the previous marriage registration procedures before it can be handled again.

In this case, as you said, you don't need to get a divorce certificate, because your husband died, not divorced you. In this case, you are widowed and will be marked on your household register.

Divorce and widowhood are not the same concept in law, widowhood means that after a person's death, all his civil rights and obligations are lost, then his so-called marriage no longer exists, and the other person becomes widowed. Therefore, after the death of the husband, the wife does not need to get a divorce certificate.

If a husband has passed away and all the husband's information has been cancelled, there is no need for the wife to issue a divorce certificate at this time, just change it to widowhood on the household registration, and then you can continue to look for the happiness of your other half.

Legally, after the death of the husband, the wife does not need to get a divorce certificate. Go to the household registration department of the local police station with the husband's death certificate to go through the procedures for closing the household, and mark the widow on the marriage column on the front page of the personal household registration. Divorce and widowhood are two different concepts.

You don't need to, because the other person has passed away, so you already belong to the unaccompanied couple. So there is no need to divorce, everything belongs to him, and then if you want to remarry, you can still care that you are a free person.

The husband has passed away, the wife does not need to apply for a divorce certificate, and their relationship between husband and wife no longer exists. Now if the wife needs to get married, it's okay, there is no need to divorce anymore, no one is gone.

The husband has passed away, and legally speaking, the wife does not need to file a divorce certificate anymore, which is already the death of the husband, and she already has no husband.

Legally, after the death of the husband, does the wife need to get a divorce certificate? You don't need to get a divorce certificate for this, you belong to a widower, you don't need to get a divorce certificate, you can change it again, you can look for it again or not.

Since your husband has passed away, you don't need to get a divorce certificate at all, because there is no such thing as your husband's hukou, and it has been cancelled. So there is no need to get a divorce certificate.

This is not needed, once a person dies, then the marriage is automatically invalid, that is, single.

Summary. Hello dear, I am happy to answer for you whether you still need to get a divorce after your husband dies; There is no need for divorce after the death of the husband, because according to the Civil Code, it is clearly stipulated that if one of the parties to the marriage is declared dead, the marital relationship between the spouse and the spouse shall be extinguished from the date of the declaration of the death.

Hello, my husband died suddenly, do I need to get a divorce?

Hello dear, I am happy to answer for you whether you still need to get a divorce after your husband dies; There is no need for divorce after the death of the husband, because according to the Civil Code, it is clearly stipulated that if one of the parties to the marriage is declared dead, the marriage relationship between Zhiliang and his spouse will be extinguished from the date of the declaration of death.

Legal basis: Article 46 of the Civil Code of the People's Republic of China Where a natural person has any of the following circumstances, the interested party may apply to the people's court for a declaration of the natural person's death: (1) the whereabouts are unknown for four years; 2) Due to an accident, the whereabouts have been unknown for two years.

If the whereabouts of the person are unknown due to an accident, and it is proved by the relevant authorities that it is impossible for the natural person to survive, the application for a declaration of death is not subject to the two-year time limit. Article 51 The marriage relationship of a person who has been declared dead shall be terminated from the date of the declaration of death. If the declaration of death of the SI is revoked, the marital relationship shall be restored on its own from the date of the revocation of the declaration of the death of the SI.

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.

Do I need any proof to remarry or other things in the future?

Kissing, you only need to provide proof of the death of your spouse.

Does that need to be revoked here because the husband died abroad.

Dear relatives, you can learn about the reason for the death of Si and the situation of the relics (will) through the consul friend Chong**, and obtain the certificate of death of the Si from the relevant local departments. The Chinese embassy or consulate in the country can authenticate the above documents at your request. You don't need to revoke anything locally.