Is divorce and remarriage considered a second marriage, and is a divorced remarriage considered a se

Updated on society 2024-08-14
11 answers
  1. Anonymous users2024-02-16

    Remarriage is not considered a second marriage.

    Second marriage, there is no clear concept in law, second marriage refers to a marriage and another marriage, the emphasis is on the number of marriages, and the object of marriage is generally not the ex-wife or ex-husband. Remarriage emphasizes that the later marriage partner is the previous marriage partner, who is the ex-wife or ex-husband. Where a man and a woman have previously divorced due to a breakdown of their relationship, and after the divorce, if the man and woman voluntarily resume their marital relationship, they shall go to the marriage registration authority to re-register the marriage, which is the so-called remarriage.

    Remarriage refers to the act of a divorced man and a woman voluntarily resuming their relationship with each other and going to the marriage registry office to go through registration formalities together and re-establish their marital relationship.

    Remarriage means that two people who have been married together go through the marriage registration again, and the object is the same at this time, and if they marry different marriage partners, they are remarried. Divorce and remarriage are considered second marriages. The two are not the same.

    Remarriage is a legal act, and the choice to remarry indicates that the relationship between the parties has not completely broken down, or that the cause of divorce has disappeared. In such cases, the law allows the parties to remarry and re-establish the marriage.

    Because marriage is a legal relationship, whether it is marriage or remarriage, it must go through the legal procedures, and the procedures for both are the same, and they must go to the marriage registration office to go through the registration procedures. The difference is that after the remarriage is registered, the original divorce certificate or court judgment or mediation document must be revoked, and then the remarriage certificate will be issued, so that it can have legal effect. Remarriage must be voluntary between the man and the woman, without coercion or interference from others.

    In the event of remarriage, both the man and the woman must go to the marriage registry office with the relevant certificates to go through the formalities for remarriage. Generally, the marriage registry office will conduct a review, and only if the relevant legal conditions are met will a remarriage certificate be issued, so that the legal couple is the couple. If the parties do not register their remarriage and live together in private, they will not be able to obtain a legal relationship and will not be protected by the law.

    Remarriage is the act of remarrying another partner after the death of a partner or after both parties have divorced. Remarriage is premised on the termination of the original relationship between husband and wife, and if the relationship between the original husband and wife is not terminated and the relationship is remarried, the crime of bigamy is constituted.

    [Legal basis].

    Civil Code of the People's Republic of China

    Article 1083:After divorce, where both men and women voluntarily resume their marital relationship, they shall go to the marriage registration office to re-register the marriage.

    The above is only the current information combined with my understanding of the law, please refer to it carefully!

    If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

  2. Anonymous users2024-02-15

    Divorce and remarriage are considered second marriages. Because remarriage generally refers to the act of a divorced man and woman voluntarily resuming the relationship between husband and wife, going to the marriage registration office where one of the parties has a household registration, going through registration formalities, and re-establishing the marriage relationship. Unlike remarriage, remarriage is when a divorced or widowed person remarries.

  3. Anonymous users2024-02-14

    In the legal sense, remarriage refers to the resumption of the relationship between husband and wife, which is classified as a second marriage in some places and not within the scope of second marriage in some places.

    Legal basis: Marriage registration barcode cavity Tong Case

    Article 14: Where a divorced man and woman voluntarily resume their relationship as husband and wife, they shall go to the marriage registration authority to register their remarriage. The provisions of these Regulations on marriage registration shall apply to the registration of remarriages.

  4. Anonymous users2024-02-13

    Divorce and remarriage are considered second marriages. Because remarriage generally refers to the act of a divorced man and a woman voluntarily resuming their relationship as husband and wife, going through the registration formalities at the marriage registration authority where one of them has a household registration, and re-establishing the marriage relationship. Unlike remarriage, remarriage is when a divorced or widowed person remarries.

    What materials do you need to prepare for remarriage after divorce?

    The following documents need to be prepared for remarriage after divorce:

    1. Proof of household registration;

    2. Resident ID card or military ID card;

    3. Proof of marital status issued by the unit, neighborhood committee, or political organ at or above the regimental level.

    [Legal basis].Article 1083 of the Civil Code of the People's Republic of China.

    After divorce, if both the man and the woman voluntarily resume their marriage relationship, they shall go to the marriage registration office to re-register the marriage.

    Article 1084.

    The relationship between parents and children is not eliminated by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

    After divorce, parents still have the right and obligation to raise, educate and protect their children.

    In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

  5. Anonymous users2024-02-12

    Divorce and remarriage, theoretically not counted!

    But the procedure is secondary.

    This is the same as not being legally registered, but having lived together for many years.

  6. Anonymous users2024-02-11

    It's not a second marriage, it's a reunion.

  7. Anonymous users2024-02-10

    Remarriage after divorce is not considered a second marriage, and remarriage with the same person after divorce is not a second marriage. If the divorce is not made by the same person, it is a second marriage.

  8. Anonymous users2024-02-09

    Second marriage is a folk saying, what you mention is not a second marriage, and the cheerful point is a joke in marriage.

  9. Anonymous users2024-02-08

    A second marriage, of course.

    As long as the marriage certificate is obtained for the second time, it is a second marriage, which is also recorded in the marriage registration office and the marriage certificate.

  10. Anonymous users2024-02-07

    According to the Marriage Registration Regulations, the registration of a second marriage and a second marriage is the same as the normal marriage registration, but in fact, the parties to the remarriage are still the partners of the previous marriage, and the parties to the second marriage are generally not ex-wives or ex-husbands.

    [The basis of the law pants is good].Article 5 of the Marriage Registration Regulations.

    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.

    Article 14 of the Regulations on the Registration of Marriage Reform and Marriage Reform Hu Zhan Lead.

    Where a divorced man and woman voluntarily resume their relationship as husband and wife, they shall go to the marriage registration office to register their remarriage. The provisions of these Regulations on marriage registration shall apply to the registration of remarriages.

  11. Anonymous users2024-02-06

    Legal Analysis: Remarriage after divorce is counted as a second marriage. Where a divorced man and woman voluntarily resume their relationship as husband and wife, they shall go to the marriage registration office to register their remarriage. The provisions of these Regulations on marriage registration shall apply to the registration of remarriages.

    The basis for the law of law renting:

    Marriage Registration Ordinance

    Article 14: Where a divorced man and woman voluntarily resume their relationship as husband and wife, they shall go to the marriage registration organ to register their remarriage. The provisions of these Regulations on marriage registration shall apply to the registration of remarriages.

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