Can I apply for a divorce certificate without a marriage certificate?

Without a marriage certificate, there is no need to apply for a divorce certificate.

If there is a marriage certificate, it does not belong to the relationship between husband and wife, and the cohabitation relationship can be automatically dissolved. For further research on legal issues related to divorce.

You can ask the legal workers in this area in detail.

If you divorce peacefully, how can you divorce if you are not married.

If you don't have a divorce certificate, you can get a marriage certificate. If the parties have lost or destroyed the Divorce Certificate, they may go to the marriage registration authority at the place of household registration to inquire about the status of the marriage and apply for it with their household registration and identity certificate.

Legal basis: Article 1049 of the Civil Code of the People's Republic of China A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued.

The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Legal Analysis: You can't get a divorce without a marriage certificate. To register a divorce, you must bring your household registration booklet and ID card; Marriage certificate of the applicant; A divorce agreement signed by both parties. Even if it is a litigation divorce, it is necessary to carry a marriage certificate to prove the existence of a legal marriage relationship between the parties.

Legal basis: Civil Code of the People's Republic of China

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

If you do not have a divorce certificate, you can also apply for a marriage certificate. The divorce certificate is not a necessary document for marriage, and the marriage requires a certificate that the person has no spouse, his household registration booklet, ID card, and a statement that he has no direct blood relatives and collateral blood relatives within three generations with the parties to the Hexian Zhou side. Bring these documents to the civil affairs bureau where one of the men and women is registered to register the marriage.

[Legal basis].

When a Mainland resident marries in Paragraph 1 of Article 4 of the Marriage Registration Regulations, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence. Mainland residents who go through marriage registration in the first paragraph of Article 5 shall present the following documents and supporting materials: (1) their household registration booklet and identity card; (2) A signed statement that the person has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party.

It is possible to apply for a marriage certificate without a divorce certificate, as long as there is relevant proof. The specific handling methods are as follows: 1. If the divorce of the husband and wife is a litigation divorce, then there will be no divorce certificate, but the court's judgment or mediation letter can play the role of a divorce certificate.

You can take the "Judgment" and the "Certificate of Effectiveness of the Divorce Judgment" issued by the court, or the mediation letter, to the marriage registration authority to go through the remarriage registration formalities; If there is no judgment yet, you can only go to the Civil Affairs Bureau with your ex-wife or ex-husband with the divorce agreement to go through the divorce registration procedures, and then go through the remarriage registration; 2. If the divorce certificate is accidentally lost, you can apply for a replacement divorce certificate with the original divorce registration authority or the marriage registration authority where one of the parties has permanent residence with the household registration booklet, ID card and other supporting materials, and then go through the remarriage registration procedures at the marriage registration authority; 3. If the divorce certificate of Brother Jingguo is accidentally lost, the parties can apply to the original marriage registration authority with their household registration certificate and the "Certificate of Marital Status" issued by their unit or the Chashen Village (Resident) Committee, and the original marriage registration authority will verify that the parties have indeed handled marriage registration in the organ in accordance with the law after verifying the marriage registration file.

[Legal Analysis].In principle, you cannot get a marriage certificate without a divorce certificate, but if there is a judgment issued by the court that has taken effect, you can take the judgment and the certificate of effectiveness of the divorce judgment issued by the court to the marriage registration authority to go through the remarriage registration procedures; If there is no judgment, you can only go to the Civil Affairs Bureau with your ex-wife or ex-husband with the divorce agreement to go through the divorce registration procedures, and then go through the remarriage registration.

[Legal basis].Article 5 of the Regulations on Marriage Registration: Mainland residents who apply for marriage registration shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card; (2) A signed statement that the person has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.