Documents Required for Divorced Couples Who Wish to Re-marry
What documents do divorced couples need to remarry? Can individuals aged 18 get married?
What Documents Do Divorced Couples Need to Submit to Remarry?
Article 9 of the 2014 Law on Marriage and Family stipulates the registration of marriage as follows:
Marriage Registration
- Marriage must be registered and conducted by a competent state authority according to the provisions of this Law and the civil status law.
Marriage not registered under this provision shall have no legal value.
2. Divorced couples who wish to re-establish their marital relationship must register their marriage.
When divorced couples wish to remarry, they still need to re-register their marriage.
According to the Appendix issued with Decision 528/QD-BTP in 2023, amended by Article 1 of Decision 2466/QD-BTP in 2023, the following documents are required for marriage registration:
- A marriage registration declaration form, with complete information of both parties. Both parties can fill in a joint marriage registration declaration form (if the requester chooses to submit documents in person).
- An interactive electronic marriage registration form (provided by the requester according to the instructions on the Public Service Portal, if the requester chooses to submit documents online).
- The requester must submit/present (in-person) or upload (online) the following documents:
* Documents to be submitted upon remarriage:
- The original Marriage Status Certificate issued by the competent commune-level People's Committee in case the requester is not permanently residing in the commune, ward, or commune-level town where the marriage registration procedure is to be carried out. If the information about marital status is already available in the National Population Database (CSDLQGVDC) or the Electronic Civil Status Database (CSDLHTDT), it is unnecessary to present (in-person) or upload (online).
* Documents to be presented:
- Passport or Identity Card or Citizen Identification Card or other documents with a photo and personal information issued by a competent authority, valid for proving the identity of the requester. If the personal information in these documents is already available in the CSDLQGVDC or CSDLHTDT and auto-filled by the system, it is unnecessary to upload (online).
- Documents evidencing residential information if the civil status registration authority cannot retrieve the information on the citizen's residence as per the provisions in Clause 2, Article 14 of Decree 104/2022/ND-CP.
If the residence proof information has been retrieved from the National Population Database by these means, the requester does not need to present (in-person) or upload (online).
- Extract of Divorce Note for Vietnamese citizens permanently residing in the commune where the marriage registration procedure is carried out, who have had their divorce or marriage annulment settled by a foreign competent authority.
Note: The above marriage registration procedure applies to cases without foreign elements.
What Documents Do Divorced Couples Need to Submit to Remarry? (Image from the Internet)
Can an 18-Year-Old Male Register for Marriage?
Article 8 of the 2014 Law on Marriage and Family stipulates the conditions for marriage as follows:
Conditions for Marriage
- A male and female getting married must meet the following conditions:
a) The male must be from 20 years of age or older, and the female must be from 18 years of age or older;
b) The marriage is voluntarily decided by both parties;
c) Not losing the capacity for civil acts;
d) The marriage does not fall into any of the prohibited cases as specified in points a, b, c, and d of Clause 2, Article 5 of this Law.
- The state does not recognize marriage between individuals of the same sex.
Therefore, when getting married, the male must be 20 years old or older, and the female must be 18 years old or older. Consequently, an 18-year-old male is not old enough for marriage, whereas a female who is 18 years old is eligible to register for marriage.
Is Marriage Underage Considered Child Marriage?
Clause 8, Article 3 of the 2014 Law on Marriage and Family defines child marriage as follows:
Definition of Terms
...
- Child marriage is when one or both parties get married before reaching the marriageable age as stipulated in point a of Clause 1, Article 8 of this Law.
Hence, getting married before reaching the marriageable age is considered child marriage, which is prohibited under the provisions of the 2014 Law on Marriage and Family.
