What should I do if I regret my divorce, and what should I do if I regret my divorce

Divorce mediation refers to the mediation of divorce disputes when the parties to the marriage claim divorce and the other party does not agree to the divorce. It is an effective and important way to deal with marital disputes. Divorce mediation in China is divided into out-of-litigation mediation and mediation in litigation.

The former is the mediation of divorce disputes by relevant departments; The latter is the mediation of divorce proceedings by the people's courts, and divorce mediation is a necessary procedure in divorce proceedings in China. Under normal circumstances, mediation of divorce refers to the mediation of the divorce proceedings by the people's court, the conclusion of a mediation agreement, and the preparation of a mediation document. Pursuant to Article 97 of the Civil Procedure Law:

Where an agreement is reached through mediation, the people's court shall draft a mediation document. The mediation document shall clearly state the litigation demands, the facts of the case, and the mediation results. The mediation document is to be signed by the adjudicators and clerks, affixed with the seal of the people's court, and served on both parties.

The mediation statement shall have legal effect after it is signed and received by both parties. That is, if the parties have signed the mediation agreement, then the divorce mediation agreement has taken effect. The law stipulates that a mediation document shall take legal effect once it is signed, and no application for retrial shall be made for a mediation document on the dissolution of marriage that has already taken legal effect.

If the parties return before signing the mediation letter and refuse to sign the mediation agreement, the mediation agreement will have no legal effect and the court will resume the hearing for judgment. Legal basis: Article 97 of the Civil Procedure Law of the People's Republic of China provides that when an agreement is reached through mediation, the people's court shall draft a mediation document.

The mediation document shall clearly state the litigation demands, the facts of the case, and the mediation results. The mediation document is to be signed by the adjudicators and clerks, affixed with the seal of the people's court, and served on both parties. The mediation statement shall have legal effect after it is signed and received by both parties.

Article 99 of the Civil Procedure Law of the People's Republic of China: Where an agreement is not reached through mediation or the party repents before the mediation document is served, the people's court shall make a judgment in a timely manner.

The remarriage registration formalities should be handled through consultation with the other party.

According to the Marriage Law of the People's Republic of China:

Article 35: After divorce, where both a man and a woman voluntarily resume their relationship as husband and wife, they must go to the marriage registration office to register their remarriage.

According to the Marriage Registration Regulations:

Article 4 When a mainland resident marries, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to complete the marriage registration.

Where a Chinese citizen marries a foreigner in Chinese mainland, or a mainland resident marries a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the marriage registration.

Article 5 Mainland residents who go through marriage registration shall present the following certificates and supporting materials:

1) The person's household registration booklet and ID card;

2) A signed statement that he or she has no spouse and no direct blood relatives or collateral blood relatives within three generations with the other party.

Article 14: Where a divorced man and woman voluntarily resume their relationship as husband and wife, they shall go to the marriage registration authority to register their remarriage. The provisions of these Regulations on marriage registration shall apply to the registration of remarriages.

When repudiating a divorce agreement that has already taken legal effect, an application shall be made to the original marriage registration authority for resolution. Article 32 of the Marriage Law stipulates that if a man and a woman request a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court.

If you regret the divorce, you can discuss with your spouse and ask for a remarriage, which can be done, but the spouse's side must agree.

If the answer is helpful to you, o

The original partner did not regret it until after the divorce, how to solve the impulsive divorce of a woman?

1. If both parties regret it after receiving the divorce certificate, they can remarry. Remarriage refers to the act of a divorced man and woman voluntarily resuming the relationship between husband and wife, going through registration formalities at the marriage registration office, and re-establishing the marital relationship. The procedures include review of application materials, filling in forms, health checks, acceptance, approval, fees, and issuance of certificates.

The procedure for remarriage is the same as for marriage.

2. If the parties remarry, both men and women shall hold the following documents and certificates:

1) Proof of household registration;

2) Resident ID card or military (including armed police) ID card;

3) Proof of marital status issued by the unit, neighborhood (village) committee, or political organ at or above the regimental level; If you have been divorced, you should also hold a divorce certificate;

The marriage registration authority shall handle the application for remarriage of the parties in accordance with the marriage registration procedures, and indicate the words "resumption of marriage" on the "Application for Marriage Registration" and the marriage certificate, and withdraw the divorce certificate at the same time. The parties applying for registration of remarriage shall resume their relationship as husband and wife from the date of obtaining the marriage certificate.

Marriage Registration Ordinance

Article 5 Mainland residents who go through marriage registration shall present the following certificates and supporting materials:

1) The person's household ID card and ID card.

2) The person has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party.

Hong Kong residents, Macao residents, and Taiwan residents who have gone through marriage registration shall present the following documents and materials to prove that they are carrying the state:

1) Valid pass and ID card of the applicant.

2) The sound of the bridge who has no spouse and who has no direct blood relatives or collateral blood relatives within three generations with the other party notarized by a notary public in the place of residence.

Overseas Chinese who go through marriage registration shall present the following documents and supporting materials:

1) Valid passport of the applicant.

2) A certificate issued by a notary public or competent authority of the country of residence and certified by the embassy (consulate) of the People's Republic of China in that country that the person has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party, or a certificate issued by the embassy (consulate) of the People's Republic of China in that country that he has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party.

Foreigners who go through marriage registration shall present the following documents and supporting materials:

1) A valid passport or other valid international travel document of the applicant.

2) A certificate issued by a notary public or competent authority of the country where the person is located, authenticated by the embassy (consulate) of the People's Republic of China in that country or authenticated by the embassy (consulate) of that country in China, or a certificate issued by the embassy (consulate) of the country where the country is located that he has no spouse.

After the divorce, if the husband voluntarily divorces and obtains the divorce certificate as required, that is, his marriage relationship will be officially dissolved from that moment. At this time, it is no longer possible to ask for a divorce, because divorce has become a fact. If both parties agree and are willing again, they can go through the procedures for remarriage and become husband and wife again.

If the divorce is a reversal on the issue of property division within one year, you can request that the property division agreement be changed or revoked.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II).

Article 9. Where a man and a woman repent on the issue of division of property within one year of divorce by mutual agreement, and request that the agreement on division of property be modified or revoked, the people's court shall accept it. Where, after trial, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.

If the parties regret it after the divorce, at this time the two parties have already received the divorce certificate or the court has made a divorce judgment or ruling, and the marriage relationship between the two parties has been dissolved, and the parties can only re-establish the marriage relationship by going through the registration of remarriage.

Legal basis: Article 10 of the Regulations on the Administration of Marriage Registration provides that if a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce. Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.

Article 14 of the Regulations on the Administration of Marriage Registration provides that if a divorced man and a woman voluntarily resume their relationship as husband and wife, they shall go to the marriage registration authority to register their remarriage. The provisions of these Regulations on marriage registration shall apply to the registration of remarriages.

If the other party agrees, you can go through the remarriage procedures, and the procedures and documents required for remarriage are as follows:

1. Documents required for remarriage:

1) ID cards of two people;

2) Hukou booklet;

3) Divorce certificate or court judgment.

2. Procedures for remarriage:

2) Acceptance: Both parties fill in the Declaration of Application for Marriage Registration (provided by the registration authority);

3) Examination: Review the "Declaration of Application for Marriage Registration" and other relevant materials, and the parties shall sign and press their fingerprints in front of the marriage registrar;

4) Registration: If the conditions for marriage are met, they will be registered on the spot and a marriage certificate will be issued. If the requirements for marriage are not met, registration shall not be made and the reasons shall be explained to the parties on the spot.

Problems to be aware of in remarriage:

1. The degree of acceptance of family members, whether they are sincerely accepted. Unblessed marriages often do not last long, and the same is true for remarriage. Before remarrying, you need to communicate with your children, and at the same time, you also need to communicate with your mother-in-law.

2. Before remarriage, it is recommended to sign an agreement to write down the ownership of various rights and interests, such as child dependency rights, guardianship rights and income distribution rights, etc. At the same time, we also make relevant agreements on matters that may cause disputes to prevent problems before they occur.

3. Whether the issues that led to the divorce have been resolved.

To sum up, if the other party does not agree, it is useless to regret it, and the divorce agreement has already taken effect.

Legal basis]:

Article 36 of the Marriage Registration Work Specification.

Marriage registrars shall follow the following procedures when accepting an application for marriage registration:

1) Inquire about the parties' willingness to marry;

2) Inspect the corresponding documents and materials provided for in articles 29 to 35 of these Specifications;

3) Each of the parties who voluntarily marries fills in a Declaration of Application for Marriage Registration; The signature in the "Declarant" column of the Declaration of Application for Marriage Registration must be completed by the declarant in front of the oath administerer and fingerprinted;

4) The parties shall restate the contents of the declaration on the spot, and the marriage registrar shall act as the oath keeper and sign in the oath officer's column.