Husband died, want to remarry, need to go through divorce procedures?

Pursuant to Clause 2, Article 4 of Decree 123/2015/ND-CP regulating the contents of death certificate registration, specifically as follows:

When registering a death certificate according to the provisions of the Law on Civil Status, the death certificate must include the following information: Surname, middle name, first name, year of birth of the deceased; personal identification number of the deceased, if any; place of death; cause of death; hour, day, month, year of death according to the Gregorian calendar; nationality if the deceased is a foreigner.

The contents of death registration are determined according to the Death Certificate or documents replacing the Death Certificate issued by the following competent authorities:

a) For people who die at a medical facility, the Head of the medical facility shall issue a Death Certificate;

b) For those who die due to execution of the death penalty, the Chairman of the Death Penalty Execution Council shall issue a certificate of execution of the death penalty in lieu of a Death Certificate;

c) For a person declared dead by the Court, the Court's effective Judgment or Decision shall replace the Death Certificate;

d) For people who die in a vehicle, die in an accident, are murdered, die suddenly or die under suspicion, a confirmation document from the police or an examination result from a forensic examination agency replaces the Death Certificate;

d) For a deceased person who does not fall into one of the cases specified in Points a, b, c and d of this Clause, the People's Committee of the commune where the person died is responsible for issuing a Death Certificate.

In addition, Article 65 of the 2014 Law on Marriage and Family stipulates the time of termination of marriage as follows: Marriage is terminated from the time of death of the husband or wife; in case the court declares the husband or wife dead, the time of termination of marriage is determined according to the date of death recorded in the court's judgment or decision.

Thus, from the time the death certificate is issued, the marriage relationship has ended. The wife can remarry without having to go through divorce proceedings.

Minh Hoa (t/h)

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