-
Whether the household registration is merged together or not is not a condition for the family to judge. Whether two people form a family or not, look at the marriage certificate, as long as the two people have registered their marriage, it is considered a family. As for whether to move the hukou, it purely depends on personal wishes.
From a legal point of view, hukou and marriage are two different things in themselves, and there is no necessary connection between the two.
But then again, since the two parties have remarried, it is best to merge the hukou, and if there is a place for the hukou in the future, there is no need to go to the original hukou to handle it. This is also the reason why most people get married and merge their hukou, which can save a lot of trouble.
1. There is only one basis for judging whether the family and the marriage certificate form a family, and that is the marriage certificate. As long as there is a marriage certificate, the law recognizes the relationship between the two husband and wife, which is what we call a family. Of course, this refers to going to the relevant departments to register the marriage, and verbal remarriage is not counted.
According to the law, two people must register their marriage when they get married, and if they do not register, they are in a cohabitation relationship. To put it bluntly, a cohabitation relationship is a couple, and there are no legal rights and obligations between each other. In this case, it is the same whether the household registration is transferred or not, and the relationship between them is not recognized in the law anyway, so it is not considered a family.
2. Hukou has nothing to do with the family Under normal circumstances, a person's hukou follows marriage, and when two people get married, they will take the initiative to move their hukou over. This has caused people to have a misunderstanding, that is, to get married, you must move your household registration. In fact, there is no relationship between the two, marriage is two people forming a family, does not mean that the household registration must be together.
For example, people in some big cities may still keep their hukou in the same place after getting married. After all, the welfare in big cities is good, and it is easy to apply for settlement, and the social security enjoyed is much higher than that in ordinary cities. The only drawback is that it will be more troublesome to have children or handle related affairs in the future.
3. Advantages and disadvantagesThere are advantages and disadvantages of getting married and moving the hukou, and the advantage is that it will be more convenient to do things in the future, such as registering the child. The other is demolition, moving the household registration to the man's or woman's family, which is equivalent to an extra quota and can get additional demolition money. The disadvantage is relatively small, that is, after the divorce, two people want to move their hukou back to the original place, which may be more troublesome.
Relatives in many big cities also need to meet certain conditions for applying for household registration. This kind of thing generally does not happen, after all, it is not difficult for people who can leave their hukou in Shenzhen to move back again.
-
It is not considered a family, because the two people have divorced, and the hukou of the two people is also separated, so it is not a family.
-
As long as you get married, you belong to a family, and your hukou is not in a hukou.
-
Although it is said that the hukou is not together, it is also considered a family, because the two people have been resurrected, and it is also a legal husband and wife relationship.
-
Legal analysis: It is possible to go through the procedures for remarriage in the same way as for marriage registration. If the marital status of the registered family register is different from the actual situation of the parties, the parties can issue a written explanation of the situation, and the marriage registration authority can handle the remarriage procedures after the examination is correct.
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.
The 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.
-
If you divorce and have children after the separation, if the idea of having a child with a child is a leak in the birth of the original husband, it is recommended that you go through the remarriage procedures.
-
First, due to the differences in household registration policies in different places, there are no precise and detailed provisions on the issue of household registration after divorce. The parties should find a way according to their own situation and the local household registration policy.
Second, in principle, after the divorce, there will be many inconveniences for both parties to have a household registration in one household register, and the parties have the right to choose to separate the household or move out of the household registration. However, this right is not transferred by the will of the individual and must be in accordance with the hukou policy of the place of relocation. According to Article 10 of the Regulations on Household Registration, if a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall apply to the household registration authority of his or her habitual residence for the formalities of moving out of the household registration authority before moving out.
Citizens moving to border areas must obtain the approval of the public security organs of the county, city, or municipal district where they habitually reside.
Third, as the administrative organ of household registration, the public security organ has the right to go directly to the public security organ to learn about the household registration policy, and the public security organ has the obligation to inform it. According to Article 3 of the Regulations on Household Registration, the work of household registration shall be carried out by the public security organs at all levels. Cities and towns with public security police stations shall have the jurisdiction of the public security police station as the jurisdiction of the household registration; Townships and towns without public security police stations shall have the jurisdiction of the township or town as the household registration jurisdiction.
Township and town people's committees and public security police stations are the household registration organs.
-
The household registration books of both parties to the divorce certificate or judgment are transferred to the household registration office.
-
Remarriage is just a matter of getting a new marriage certificate, and the household registration has always been together, so there is no need to move. According to Article 19 of the Regulations on the Administration of Marriage Registration, if a divorced party restores the relationship between husband and wife, both parties must apply in person for remarriage registration at the marriage registration administration at the place where one of the parties is registered.
The marriage registration management organs shall handle the parties' applications for remarriage in accordance with the procedures for marriage registration, and may no longer conduct premarital health examinations.
The procedures are as follows: 1) application;
2) Fill in the declaration form;
c) Signature; 4) Review and registration;
5) Remarriage registration certificate.
2. The documents required for remarriage are: household registration certificate of both men and women; Resident identity card or military (including armed police) identity card; Proof of marital status issued by the unit, neighborhood (village) committee, or political organ at or above the level of the military or regiment; If you have been divorced, you should also hold a divorce certificate.
-
What to do, both men and women should bring the divorce procedures, then bring their ID cards, household registration booklets, and go to the civil affairs department to get a remarriage certificate again.
-
Both men and women can bring the divorce formalities and real-name ID card and household registration book to the civil affairs department to apply for a remarriage certificate.
-
If you want to remarry after divorce, go to the Civil Affairs Marriage Registration Office to go through the formalities for remarriage.
-
Then you have to go through the authentic legal procedures to go to the public security department, so what can you do?
-
Bring the household registration booklet, ID cards of both parties, and divorce certificate to the civil affairs bureau of the place of household registration to apply for a marriage certificate.
-
According to the provisions of China's Marriage Law, after divorce, if a man and a woman voluntarily resume their relationship as husband and wife, they should go to the marriage registration office to register their remarriage. Both parties must apply for remarriage in person at the marriage registration authority where one of the parties is registered, and must also issue a divorce certificate or court judgment (or mediation document). Only after completing the legal registration procedures for remarriage can one obtain the legal status of husband and wife and obtain legal protection.
Therefore, it is recommended that you go through the remarriage registration procedures as soon as possible in accordance with the provisions of the law to restore the relationship between husband and wife. Relevant legal provisions: Article 35 of the Marriage Law of the People's Republic of China provides that if a man and a woman voluntarily resume their relationship as husband and wife after divorce, they must go to the marriage registration authority to register their remarriage.
Article 26 of the Detailed Rules for the Implementation of the Marriage Registration Measures Article 26: After divorce, if a man and a woman voluntarily resume their relationship as husband and wife, they must apply in person to the marriage registration authority where one of the parties is registered for remarriage registration. The documents and certificates held by both the man and the woman who apply for the registration of remarriage are the same as those held when applying for marriage registration. Article 27 The marriage registration organs shall handle the registration of remarriage in accordance with the marriage registration procedures, issue a "marriage certificate," and withdraw the divorce certificates of both parties.
The "Marriage Certificate" and the "Marriage Application" for the registration of remarriage shall indicate the words "remarriage" in the number.
Those with high academic qualifications should pay attention to separating their lives from their careers. At work, you can stand up for your own opinions; But in the family, you need to humble your strong self so that you can hear the voice of your partner's heart and empathize with him or her.
First of all, understand each other, communicate more on the basis of both parties being calm, and communicate with each other sincerely. Because marriage needs a run-in period, the two often have awkward quarrels during the run-in period, and even a little thing will make a big fuss. When quarreling, both parties must refrain from doing their best, and consider the problem from the other party's point of view. >>>More
The end of the Cold War was all separation. That would destroy the family. When men and women come together, it is also fate that makes you a family in this life. >>>More
After a couple or two people quarrel, how to reconcile quickly? >>>More
Generally speaking, it is the boys who take the soft first. >>>More