I married a Canadian woman, but I didn't immigrate. Do I need to apply for a marriage certificate in China?

1. Is it recognized in China to get a marriage certificate abroad?

Article 147 of the General Principles of Civil Law of People's Republic of China (PRC) stipulates that "when a citizen of China marries a foreigner, the law of the place of marriage shall apply". At the same time, according to the Reply of the General Office of the Ministry of Civil Affairs 1997 on the Certification of China Citizens' Overseas Marriage Certificates, "China citizens and foreigners who get married in foreign countries shall be handled according to the laws of the place of marriage as long as they do not violate the laws of People's Republic of China (PRC)".

According to the above provisions, if a China citizen marries a foreigner in a foreign country according to the laws of the place of marriage, their marriage relationship is valid in China as long as it does not violate the basic principles of the Marriage Law of the People's Republic of China and the interests of People's Republic of China (PRC). China citizens and foreigners, mainland residents and Hong Kong, Macao and Taiwan residents get married abroad, and their marriage relationship is valid in China, but it shall not violate the basic principles of marriage law in China and the public interests of China people and society.

The marriage place specified in it refers to the place where the marriage is established, which can be the place of registration or the place where the wedding is held, because the legal requirements in different countries are different. In China, the place of marriage is the place of marriage registration.

Second, do foreign marriage certificates need certification?

According to the Reply of the General Office of the Ministry of Civil Affairs 1997 on the Certification of China Citizens' Overseas Marriage Certificates, "the marriage relationship concluded in foreign countries is recognized as valid by the above provisions, and there is no need to go through the marriage registration or recognition procedures in China. Marriage documents married in accordance with the laws of the place of marriage shall be notarized by the Ministry of Foreign Affairs of the country or the organ authorized by the Ministry of Foreign Affairs at the place of marriage and certified by the Chinese embassy or consulate in the country. "

That is to say, marriage certificates obtained in foreign countries are generally valid in China as long as they do not violate the basic principles of China's marriage law and the interests of China people and the public, and there is no need to re-register or prove marriage in China. However, if you want to use the marriage certificate obtained abroad in China and need to apply for divorce in China, you should apply for notarization at the place of marriage, and be certified by the Ministry of Foreign Affairs of that country or the organ authorized by the Ministry of Foreign Affairs, and be certified by the Chinese embassy or consulate in that country.

It should be noted that foreign marriage registration certificates cannot be directly recognized by domestic courts, and relevant certification procedures need to be handled. Marriage certificates obtained by China citizens and foreigners abroad are valid, but if marriage certificates obtained abroad are used in China, they need to be certified. Moreover, the certification of marriage certificates obtained abroad is different from that obtained in Taiwan Province Province. It is recommended to consult a lawyer further.

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