Even after the wedding and the banquet, go and get the marriage certificate: without registration you are not spouses in law, and if the other person dies you have no spouse’s right of inheritance

After February (2) 1994, holding only a wedding without registering is not marriage in law; it only counts as cohabitation. If the other person dies, you cannot inherit the estate as a spouse. If you want to separate, the court does not handle it as divorce. Making up the registration fixes it, and the effect can be counted back.

Cost

No money. The two of you go to the marriage-registration office together; a few tens of minutes.

Benefit

The Civil Code provides that “upon completion of marriage registration, the marriage relationship is established. Where marriage registration has not been handled, it shall be made up.” The Supreme People’s Court’s interpretation splits people who have not registered but live in the name of spouses into two kinds. Those who already met the conditions for marriage before 1 February (2) 1994 are treated as a de facto marriage. After that date, the court “shall inform them to make up the marriage registration.” If they do not make it up, it is handled as cohabitation. If one side dies and the other wants to inherit as a spouse, the same principle applies. A spouse is a first-order heir, so the side that never registered is not in that line. For the cohabitation itself, the court does not accept a request to “dissolve” it. It only accepts disputes over dividing property and raising children. After the registration is made up, the marriage takes effect “from the time both parties met the substantive requirements for marriage provided in the Civil Code.” Children are not affected. “Children” in the Civil Code inheritance book expressly includes children born outside marriage, who are first-order heirs the same as children born in marriage.

Notes

If the other person dies before you have registered, you are not an heir, but you do not get nothing. The Civil Code provides that a person who “provided more support” to the person who died “may be given an appropriate share of the estate.” You have to take evidence and argue for that yourself. If you cannot agree, you have to sue. Ordinary first-instance procedure starts at 6 months; lawyer fees are yours; how much is allotted is set by the judge. So while both of you are still here, go and make up the registration. Making it up is the same as a first registration: both must appear in person; materials are in item 13 of this section (registering needs only an identity card). Betrothal money can be demanded back when there is no registration — see Section 8, item 24 (send betrothal money by transfer). The beneficiaries are you and your spouse.

Sources · 2

1. 全国人大 (2020). 民法典（第一千零四十九、一千一百二十七、一千一百三十一条）. spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
2. 最高人民法院 (2020). 关于适用《民法典》婚姻家庭编的解释（一）（法释〔2020〕22 号，第三、六、七、八条）. court.gov.cn/fabu/xiangqing/282071.html