Remarriage is not a second marriage
Remarriage is not a second marriage. In daily life, some people confuse the concepts of "remarriage" and "remarriage". In fact, it is a misunderstanding of the two. What is the legal concept of remarriage and remarriage? Let’s take a look at whether remarriage is a second marriage. Remarriage is not a second marriage. 1
Remarriage is not a second marriage. marriage. There is no clear concept of second marriage in law. Second marriage refers to being married once and then again. The emphasis is on the number of marriages, and the person getting married is generally not the ex-wife or ex-husband. Remarriage emphasizes that the person you marry is the person you were married to before, your ex-wife or ex-husband. If the man and woman have previously divorced due to a breakdown in their relationship; after the divorce, if the man and woman voluntarily resume their marriage, they must go to the marriage registration authority to re-register their marriage, which is the so-called remarriage.
According to the provisions of Article 1,083 of the Civil Code that will take effect in 2021, after divorce, if both men and women voluntarily resume the marriage relationship, they should go to the marriage registration office The agency will re-register the marriage.
Legal Basis
Article 1083 of the Civil Code
After divorce, if both men and women voluntarily resume their marital relationship, they shall go to the marriage registration office The agency will re-register the marriage. Does remarriage count as second marriage 2
Does remarriage count as second marriage (the "Marriage Law" is valid until December 31, 2022)
It does not count. There are actually differences between remarriage and remarriage. The most obvious one is that remarriage is when two people who have been married before apply for marriage registration again. The person at this time is fixed. If you marry someone different from the last marriage partner, is a remarriage. Remarriage after divorce is considered a second marriage. Remarriage refers to the act of a divorced man and woman voluntarily resuming their relationship as husband and wife, going through the registration procedures with the marriage registration authority, and re-establishing the marriage relationship.
1. What are the differences between remarriage and remarriage
Remarriage refers to the act of a divorced man and woman voluntarily resuming their relationship as husband and wife, going through the registration procedures with the marriage registration authority, and re-establishing the marriage relationship. . Remarriage is a legal act. If a man and a woman voluntarily request to resume their relationship after divorce, it means that the relationship between the two parties has not completely broken down, or the reasons for the divorce have been eliminated. In this case, the law allows the parties to re-establish the marriage relationship.
However, marriage is a legal relationship, and its creation and elimination must go through legal procedures. The procedures for remarriage are the same as for marriage, and must be registered with the marriage registration agency.
The difference is that after the remarriage registration procedures are completed, the original divorce certificate or court judgment (or mediation letter) must be revoked and a remarriage registration certificate will be issued before it can be legally effective. Remarriage must be voluntary for both men and women, and not forced or interfered by others. When remarriage occurs, both men and women must go to the marriage registration office with relevant certificates to complete the remarriage registration procedures.
The marriage registration agency will conduct an examination and issue a remarriage registration certificate to those who meet the legal conditions. At this time, the legal relationship between husband and wife will be restored. However, if both parties live together privately without remarriage registration, they cannot obtain legal status as husband and wife and cannot receive legal protection.
Remarriage refers to the act of one party marrying another person again after the death of his spouse or the divorce of both parties. Remarriage is prerequisite for terminating the original marriage relationship. If the person remarries without terminating the original marriage relationship, it constitutes bigamy.
?Do I need a divorce certificate for remarriage?
Do I need a divorce certificate for remarriage? If the two parties after divorce want to remarry, they need a divorce certificate. If the divorced party marries someone else, he or she also needs to bring a divorce certificate to prove that you are single. There are two situations for remarriage after divorce:
1. Generally, if the man and woman were originally husband and wife, and now want to remarry (remarry) after passing the divorce registration with the Civil Affairs Bureau, they must go to the marriage registration authority to perform the marriage. When registering (remarriage), the marriage registration agency will take back the divorce certificates of both parties and issue a marriage certificate.
2. If you apply for divorce registration through the Civil Affairs Bureau to dissolve the marriage, the Civil Affairs Bureau will issue a "Divorce Certificate" to both parties; if the divorce is filed through the court (litigation divorce), both parties will not have a "Divorce Certificate" 》, only the relevant divorce judgment or divorce mediation letter from the court will be used as the divorce certificate.
Article 35 of the "Marriage Law of the People's Republic of China" After remarriage and divorce, if both men and women voluntarily resume the relationship as husband and wife, they must register the remarriage with the marriage registration authority.
Latest information (Civil Code)
Article 1083 of the Civil Code: After remarriage is registered and divorced, if both men and women voluntarily resume the marriage relationship, they shall The registration authority shall re-register the marriage.