Is the marriage relationship between husband and wife still valid?

Generally speaking, if one spouse emigrates, the marriage relationship is still valid.

Both men and women who want to get married go to the marriage registration office to register their marriage in person. Those who meet the statutory conditions shall be registered and issued a marriage certificate. Getting a marriage certificate means establishing the relationship between husband and wife, that is, establishing the marriage relationship.

First, the subject of marriage is gender law. If it is not the combination of physiological differences between men and women, it does not constitute a marriage law.

Second, marriage is a legal act. For example, both parties applying for marriage must abide by the provisions of the law and perform the procedures prescribed by the law, otherwise the marriage relationship will not have legal consequences, that is, the invalid marriage law is not protected by the law.

Three, the legal consequence of marriage is to establish the relationship between husband and wife, and bear the resulting responsibilities, rights and obligations. Such an established relationship between husband and wife, without legal procedures, no unit, individual or both husband and wife have the right to dissolve the relationship according to law.

The termination of marriage can only be caused by two legal facts.

(1) The marriage is terminated due to a legal event in which one spouse dies.

1. The marriage relationship is terminated due to the natural death of the spouse;

2. Termination of marriage due to the death of one spouse (in China, marriage is terminated from the date of death);

If one spouse is declared missing, the marriage relationship can only be terminated by divorce. On the issue of marriage, the declared missing person and his spouse shall not terminate their marriage relationship because of the declaration of disappearance, and neither party may remarry during the declaration of disappearance.

The death of one of them will inevitably lead to the termination or elimination of marriage. This is because marriage is the combination of life of men and women, and the relationship between husband and wife is a special personal relationship, which is based on the existence of life of both husband and wife. But in practice, death is different from natural death and declaration of death. Natural death is the actual death determined by one or both spouses. At this time, regardless of whether the law expressly stipulates or not, their marriage naturally terminates. Declaring death means that a person who meets certain conditions is presumed dead, and the people's court shall declare it upon the application of the interested party. It has the same legal consequences as natural death. Therefore, in the case of the death of one of the parties to the marriage, the marriage relationship will naturally terminate without the confirmation of the administrative organ, the issuance of a divorce certificate and the announcement of the people's court.

(2) The marriage is terminated due to the legal act of divorce.

Reasons for the termination of marriage

One is the death of one spouse; Second, the husband and wife divorced.

First, the death of the spouse terminates the marriage relationship:

1. The marriage relationship is terminated due to the natural death of the spouse; 2. Termination of marriage due to the death of one spouse (in China, marriage is terminated from the date of death); If one spouse is declared missing, the marriage relationship can only be terminated by divorce. On the issue of marriage, the declared missing person and his spouse shall not terminate their marriage relationship because of the declaration of disappearance, and neither party may remarry during the declaration of disappearance.