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Is the marriage certificate still valid in China when one of the husband and wife emigrates abroad?
Both men and women who want to get married must go to the marriage registration office to register their marriage in person. Those who meet the requirements of this law shall be registered and issued a marriage certificate. Getting a marriage certificate is tantamount to establishing a relationship between husband and wife. Those who have not registered for marriage shall re-register.
Article 1049 of the Civil Code requires both married men and women to apply for marriage registration in person at the marriage registration office. Those who meet the requirements of this law shall be registered and issued a marriage certificate. The marriage relationship is established when the marriage registration is completed. Those who have not registered for marriage shall re-register.
What is the effect of foreign-related marriage?
According to the General Principles of Civil Law, the validity of marriage shall be subject to the law of the place of marriage. As long as it is legal in the place where the marriage is concluded, Chinese courts generally recognize its legality.
However, Chinese courts require the certification of marriage certificates registered abroad.
1. Certification procedures for foreign marriage certificates The parties concerned notarize the marriage certificates registered abroad in their own countries (local notary offices or law firms with notarization rights), and then go to Chinese embassies and consulates in their own countries for certification.
2. The certification procedure of marriage certificate in Taiwan Province Province is notarized by the Notary Office of Taiwan Province Province. The Taiwan Province Notary Office sent the copy of the certificate to the Shanghai Notary Association, and the mainland brought the copy of the certificate to the Shanghai Notary Association for verification.
3. The authentication procedure of Hong Kong marriage certificate is notarized by a notary lawyer appointed by the Ministry of Justice of China, and then sent to China Legal Service Hong Kong Company.
4. The authentication procedure of Macao marriage certificate is notarized by China Legal Service Macau Company.
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