If I lose one copy of my marriage certificate, can I go through the divorce procedures if I have one

OK. If a party applying for divorce registration has lost one marriage certificate, the marriage registration authority may handle the divorce registration on the basis of another marriage certificate.

1. If the marriage certificate is lost, you can get a divorce. 2. If the party applying for divorce registration has a lost marriage certificate, the marriage registration authority can handle the divorce registration according to another marriage certificate; If both marriage certificates of the parties are lost, the marriage registration authority may handle the divorce registration on the basis of the marriage registration file or the proof of marriage registration records provided by the parties. The parties concerned shall make a written explanation of the loss of the marriage certificate, which shall be filed by the marriage registration authority.

Regulations on the Administration of Marriage Registration

Article 11. Mainland residents who have registered for divorce shall present the following documents and supporting materials:

1) Household registration booklet and ID card.

2) The person's marriage certificate.

3) A divorce agreement signed by both parties.

Regulations on the Administration of Marriage Registration

Article 17. If the marriage certificate or divorce certificate is lost or damaged, the parties concerned may apply to the original marriage registration authority or the marriage registration authority at the place where one of the parties has permanent residence with their household registration booklet or ID card. Where the marriage registration authorities verify the marriage registration files of the parties and confirm that they are true, they shall reissue the Tongji marriage certificate and divorce certificate for the parties.

If a marriage certificate is lost, the husband and wife can also get a divorce. If it is a divorce by mutual agreement, you need to apply for a marriage certificate first, and then apply for divorce procedures. If you choose to divorce through litigation, in fact, the loss of a marriage certificate has little impact, and the marriage certificate or other documents of the other party can prove the existence of a marriage relationship between the two parties, and it is not necessary to apply for a marriage certificate before divorcing.

1. Can I get a divorce if I lose a copy of my marriage certificate?

If you lose a copy of your marriage certificate, you can first apply for a marriage certificate and then register your divorce.

According to the provisions of the law, the divorce of the parties requires the cancellation of the marriage certificate in order to legally dissolve the relationship between the husband and wife. Therefore, if you lose a copy of your marriage certificate, you can first apply for a replacement marriage certificate at the marriage registration office before divorcing. According to Article 55 of the Ministry of Civil Affairs's "Interim Specifications for Marriage Registration Work":

If a party loses or damages a marriage certificate, he or she may apply to the original marriage registration authority or the marriage registration authority at the place where one party has permanent residence. According to this article, a person who loses or damages a marriage certificate may apply to the marriage registration authority for a replacement.

2. What is the procedure for divorce by mutual agreement?

If the husband and wife divorce voluntarily, after reaching a divorce agreement, they must go to the marriage registration authority to register the divorce in accordance with the provisions of the Civil Code and the Regulations on the Administration of Marriage Registration.

The procedure is as follows:

1. Application. When a man and a woman apply for divorce by voluntary agreement, both parties shall apply for divorce in person at the marriage registration authority where one of the parties is registered with their household registration certificate, resident identity card, letter of introduction issued by their unit, villagers' committee or residents' committee, divorce agreement and marriage certificate.

2. Review. The marriage registration authorities conduct a strict examination of divorce applications in accordance with the law, mainly to examine whether the parties are truly willing and whether they have reached an agreement on matters such as child support, financial assistance for one of the spouses, and property and debt disposal.

3. Approval. For those who meet the conditions for voluntary divorce as stipulated in the Civil Code, the registration authority shall approve the registration within one month from the date of acceptance of the application, issue a divorce certificate, and cancel the marriage certificate. The parties dissolve the relationship between the husband and wife from the time the divorce certificate is obtained.

Since there are two types of divorce in China, the relationship between husband and wife is dissolved in different ways, and the documents and materials required to be provided by the parties are different. Among them, the marriage certificate of both parties is required for a divorce by mutual agreement, so if one party loses it, it needs to be reissued first. However, if you divorce by litigation, the marriage certificate of one party can prove the marriage relationship of both parties, so there is no need to reapply for it, and you can directly file a divorce lawsuit with the people's court.

Only one marriage certificate can be used to obtain a divorce marriage certificate, and the husband and wife can use another marriage certificate to register for divorce. As long as both parties are willing to divorce and the staff finds that they meet the requirements for divorce after review, they will be registered for their divorce in accordance with the law after they have passed the cooling-off period for divorce. Or the party who has lost the marriage certificate can also go to the marriage registration office to reissue the marriage certificate, and then go to the marriage registration office with the spouse to go through the divorce procedures by agreement.