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What to pay attention to when handling marriage notarization

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What to pay attention to when handling marriage notarization


        

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  • 2024-06-24 11:00:56

    When applying for notarization of marital status, the applicant generally applies to the notary office for notarization when preparing to marry and immigrate. The applicant should pay attention to the following aspects:
    (1) If the applicant intends to get married, he/she must have reached the marriage age specified in the Marriage Law;
    (2) The applicant must provide the corresponding proof of marital status (for example, the divorce certificate must be provided for the divorcee, and the widowed certificate must be provided for the widowed);
    (3) If the applicant's marriage certificate or divorce certificate is lost, he/she must provide the Certificate of Marital Relationship or the Certificate of Dissolution of Marital Relationship issued by the marriage registration authority, or the divorce judgment issued by the court;
    (4) The certificate authority generally does not issue the engagement certificate of the fiancee (husband);
    (5) If the applicant does not reach the legal age for marriage as stipulated in the Marriage Law of China, the notary office generally does not issue the unmarried notarization. If it is necessary to issue a certificate due to special circumstances outside the country (territory), the notary office can only issue a certificate that the applicant has not reached the legal age specified in the Marriage Law of China.
    3、 What are the procedures for notarization of foreign-related marriage
    (1) Evidentiary materials to be provided by the parties:
    1. The resident identity cards, household registers and their copies of both parties shall be submitted to the police station of the original place of residence.
    2. The original and photocopy of the party concerned and the photos of the couple.
    3. If the agent applies on his behalf, he must also submit the power of attorney, the agent's ID card and its photocopy.
    (2) Matters needing attention in applying for marriage notarization
    1. If the marriage certificate is lost, it shall be executed according to the relevant provisions of the Marriage Registration Measures issued by the Ministry of Civil Affairs on March 15, 1986, that is, notarization shall be issued according to the Marriage Relationship Certificate issued by the marriage registration authority submitted by the party concerned.
    2. For the so-called de facto marriage party who has not fulfilled the formalities and requests to apply for marriage notarization, the marriage registration formalities shall be completed first, and then a notarial certificate shall be issued with the marriage certificate.
    3. For those who got married according to local customs before the promulgation and implementation of the first Marriage Law of China (i.e. before May 1, 1950) and did not have a marriage certificate, they will be given a notarial certificate of marital relationship after examination and verification.
    4. For those who married according to local customs and habits before liberation, with a civil marriage certificate written and the marriage time and place specified in the marriage certificate, they can issue a marriage notarial certificate for the party concerned by means of replacement.
    5. For those who got married before the promulgation of the first marriage law in China, if the parties have been abroad for a long time and have no household registration and other archival data to check, more than two insiders can issue a declaration to understand their marriage, and the notary office will prove that the declaration is true with the signature and seal of the declarant.
    6. Both parties are Chinese students studying abroad at their own expense, who are registered to marry abroad. After returning to China, if they apply for marriage notarization in order to go to a third country, the notary office can issue a notarial certificate of marital relationship for them on the basis of the marriage certificate provided by the party concerned, certified by the Ministry of Foreign Affairs of the country where the marriage was originally concluded or an authorized institution, and certified by the Chinese embassy or consulate in that country, but cannot issue a notarial certificate of marriage.

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