Many men and women who are divorced are concerned about Remove spouse’s name from their birth certificate and want their birth certificate to be free of ex-spouse’s name, divorce and previous marriage. All the process of marriage and divorce or death of husband or wife, termination of marriage and annulment of marriage must be registered in official notaries, but in the birth certificate it is entered as follows:
The last marriage and divorce or the period of separation and in case of polygamy, the number of legitimate marriages is stated in the copy of the birth certificate of the man and woman. Divorce and non-marriage will not be arranged. Only married couples who are no longer involved after divorce are allowed to remove the name of the previous spouse as well as the related marriage and divorce from the duplicate birth certificate.
However, in order to apply the aforementioned legal article that includes men and women, the civil registration organization, in letter 4320/1 dated 10/14/1370, removed the previous marriage and divorce only from the copy of the birth certificate of the woman if she is a virgin, and if the couple is due to change the birth certificate, the court He applied, his request was rejected.
However, according to the decision of General Board 183 dated 10/6/81, this part of the letter was canceled.
The verdict of the general panel of the court is as follows: “The sentence prescribed in the last part of Article 33 of the country’s civil registration law, which despite the generality and application of the legal sentence, does not include unexpired marriage. Divorce in the copy of the couple’s birth certificate, thus the provisions of Circular No. 4320/1 dated 10/14/1370 of the Civil Registry Organization of the country, which accepted the lawmaker’s decision not to include uncontested marriage and divorce in the copy of the wife’s birth certificate, and as a result limited the scope of the law has done.”
Reasons for removing the name of the ex-wife from the birth certificate
Marriage is the most important and beautiful event that every person has in their life; But with the passage of time or due to lack of understanding and the existence of some micro-gross problems, it leads to separation of two people or separation due to death. In the meantime, the presence of your spouse’s name in the birth certificate can bring back painful memories for you. Even for job applications, a copy of the birth certificate from the first and second page is required. It may not be desirable for everyone to know about a marriage that has resulted in divorce. As a result, some people remove their spouse’s name from the birth certificate.
The conditions for removing the name of the wife (wife) from the birth certificate of the man
According to Article 33 of the Civil Registration Law, a man can remove his wife’s name from the birth certificate. This issue has two forms:
1- Divorce from spouse: In case of remarriage and official registration, a man can request to change his birth certificate and remove his ex-wife’s name. This work is also correct from a human point of view, because it is assumed that the second wife is aware of her husband’s marriage.
2- Death of wife: In case of death of wife, a man in remarriage can request to registry office or counter to remove his ex-wife’s name from birth certificate.
The conditions for removing the husband’s name from the woman’s birth certificate
According to Law 33 of Civil Registry, a woman can request that her husband’s name be removed from her birth certificate in one of the following three cases:
– Virginity of a woman: If a woman divorces her husband without having a marital relationship, with the consent of a legal practitioner, she goes to the civil registry or counter and removes her husband’s name from the birth certificate.
– If the woman is not a virgin: If the woman is not a virgin, she can remove her ex-husband’s name from the birth certificate only if she remarries and registers the new husband in the birth certificate.
– The woman has lost her husband: If the woman has lost her husband, she can remove the name of her deceased husband from her birth certificate in case of remarriage.
If a man and a woman have children, the conditions for removing the woman’s name from the birth certificate are slightly different; Therefore, a man and a woman can remove their ex-wife’s name from the birth certificate by registering a remarriage, but the name of the parents will remain in the child’s birth certificate. It is also not possible to remove the child’s name from the birth certificate of the parents.
Name removal conditions for remarriage
You can argue in court that you are going to marry someone else and you don’t want your spouse’s name to remain on the birth certificate. In fact, you declare that you think it is necessary to remove the name of the previous spouse from the birth certificate for psychological reasons or to prevent the interference of the new spouse’s family. Of course, this matter must be accepted by your suitor, but according to the prevailing culture of the parents, the court allows their family to be unaware of your previous marriage. In this case, you will complete your application by requesting a duplicate birth certificate.
The conditions for removing the spouse’s name due to the loss of the birth certificate
In addition to demanding a new birth certificate, you inform the court to delete the name of the ex-husband due to the loss of the birth certificate. In this case, you may not have a suitor at all or you may not intend to get married at all. But because it is a little difficult to accept this claim, it is better to participate in this meeting with the presence of a lawyer. If you have special circumstances that require you to remove the name of your ex-spouse from the birth certificate, the court will agree to this action.
Deletion of the name due to the death of the ex-spouse
According to the law, it is permissible to remove the spouse’s name from the birth certificate only if the parties are divorced, and it is not possible to remove the deceased spouse’s name from the birth certificate. The honor and closeness of the deceased spouse and numerous financial and non-financial effects that arise after divorce make it impossible to remove the name of the deceased spouse from the birth certificate, although it is possible in limited cases and considering the expediency of the woman.
Documents required to remove the spouse’s name from the birth certificate
When it comes to removing the husband’s name from the birth certificate, there are two options. The first is whether the wife is a virgin or not, which has its own rules.
1- Required documents for a virgin woman
– National card
– Birth certificate
– Prosecutor’s letter of introduction
– A document containing a divorce decree
– Certificate of virginity from forensic medicine
2- Required documents for a non-virgin woman
– National card
– A birth certificate is required to register a new marriage.
– Divorce documents from a previous marriage
3- Documents required for the condition that the man is no longer alive
– National card and birth certificate
– Death certificate of the man
– Marriage certificate
Examining the general principles of removing the spouse’s name
The first and most important reason for removing the spouse’s name from the birth certificate is to relieve one’s psychological stress. Short-term depression after divorce is common, especially when feelings are still raw and the cause of the divorce was minor. This allows these people to return to their normal lives more quickly.
The next thing to note is that people may reveal their identity to others for various reasons. This violates their privacy and is not pleasant at all.
The requirements to remove the spouse’s name from the birth certificate are designed in such a way that it will be impossible to hide the ex-spouse, especially if they have sex with each other. In this way, the custom of the society is preserved and the probability of second divorce is reduced; Because if the second woman finds out about her husband’s previous relationship with another person after marriage, she has the right to divorce and will almost certainly do so.
The cost of removing the ex-spouse’s name from the birth certificate depends entirely on your request and the services of a lawyer. It is possible to inquire about the cost. If you intend to remarry, you should be informed that your spouse must be aware of your past and after marriage you can remove your spouse’s name under certain conditions. Erasing a name from a birth certificate is done for many reasons, not just deception and is completely personal. You can use a celibacy certificate to determine if your spouse has been married before.
To get advice in this field and to know the conditions and documents required to remove the spouse’s name from the birth certificate, it is better to get help from experienced lawyers and solve this issue well with the help of a family lawyer. You can take help from the lawyers of Dadista Law Institute to remove your spouse’s name from the birth certificate. Dadista is one of the best law firms in Iran that has the most experienced lawyers in the field of family and other legal and criminal matters.