How to go through divorce procedures if the marriage certificate is lost

Both parties to the application for divorce registration shall hold:

1. My household registration book (95 new household registration booklet). If you do not have a household registration booklet, you need to go to the police station where your household registration is located to issue a household registration certificate.

2. Resident ID card (should be within the validity period).

3. Marriage certificate. If the marriage certificate is damaged or lost, or one party forcibly keeps the marriage certificate for some reason, it is necessary to go to the original marriage registration authority to check the marriage file, and the marriage registration authority will issue a marriage certificate.

5. Two 2-inch recent half-length bareheaded certificates for each side (the same bottom plate). Some registration offices will be 1 inch larger, some marriage registration agencies will provide photo services, or there will be shops near them to take pictures, so it is very convenient to take snapshots.

6. Declaration of Application for Divorce Registration (sample provided by the marriage registry office, which can be filled in on the spot).

The marriage certificate of one party can be used, and if the marriage certificate of both parties is lost, it can be replaced.

Marriage Registration Ordinance

Article 11 Mainland residents who go through divorce registration shall present the following documents and supporting materials:

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

2) The person's marriage certificate;

3) A divorce agreement signed by both parties.

Article 17: Where a marriage certificate or divorce certificate is lost or damaged, the parties may apply to the original marriage registration organ or the marriage registration authority for the place where one of the parties has permanent residence with their household registration booklet or identity card for a replacement. Where the marriage registration organs verify the marriage registration files of the parties and confirm that they are true, they shall reissue the marriage certificate or divorce certificate to the parties.

Go back to the original marriage registry office to go through the formalities!

If the certificate is gone, it can be reissued! However, if the human heart is gone, it is not easy to make up for it!

The civil affairs department is generally the marriage registry office of the district-level administrative licensing center!

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Go to the marriage registry office and ask.

If the marriage certificate is lost, the marriage certificate can be replaced first, and then the divorce can be processed.

If the marriage certificate is lost or damaged, the parties 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 for a replacement.

Where the marriage registration authorities verify the parties' marriage registration files and confirm that they are true, they shall reissue the marriage certificates for the parties.

Both parties shall apply to the original marriage registration authority or the marriage registration authority where one of the parties has a permanent residence in Fenggao to apply for a replacement marriage certificate with their household registration booklet and ID card. If the marriage registration authority verifies the marriage registration file and confirms that it is true, it shall reissue the marriage certificate. After the marriage certificate is replaced, if both parties can reach an agreement on the divorce matters, they can go to the original marriage registration authority or the marriage registration office where one of the parties has permanent residence to register the divorce.

Legal basis: Article 10 of the Marriage Registration Regulations 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 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 where the mainland resident permanently resides in the place where Wang Jibei has a household registration to complete the divorce registration.

Article 17 of the Regulations on Marriage Registration Where a 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 for replacement. Where the marriage registration organs verify the parties' marriage registration files and confirm that they are true, they shall reissue the marriage certificate or divorce certificate to the parties.

If you get a divorce after the marriage certificate is lost, you need to apply for a marriage certificate before you can go to the marriage registration office to register the divorce.

According to the "Marriage Registration Work Specifications", if a party loses or damages a marriage registration certificate, he or she may apply to the original marriage registration authority that handled the marriage registration or the marriage registration authority where one of the parties has permanent residence to reissue it. Provinces with the capacity may allow residents of their own provinces to apply to the authorities responsible for the registration of marriages of mainland residents within their jurisdictions for replacement of marriage registration certificates.

The conditions for accepting an application for divorce registration are:

1. The marriage registry office has jurisdiction;

2. The husband and wife who request a divorce jointly apply to the marriage registry office;

3. Both parties have full capacity for civil conduct;

4. The parties hold a divorce agreement, which contains the expression of intent of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal;

5. The parties concerned hold a marriage certificate issued by the marriage registration authority in the mainland or the Chinese embassy (consulate) abroad.

Legal basis

Marriage Registration Work Specifications

Article 55.

The conditions for accepting an application for divorce registration are:

a) The marriage registry office has jurisdiction;

2) The husband and wife who request a divorce jointly apply to the marriage registry office;

3) Both parties have full capacity for civil conduct;

4) The parties hold a divorce agreement, which clearly states the parties' intention to divorce voluntarily and the opinions reached through consensus on matters such as child support, property and debt handling;

5) When the person involved in the marriage is in possession of a marriage certificate issued by the marriage registration authority of the Mainland or the Chinese embassy (consulate) in a foreign country;

6) The parties each submit two 2-inch single recent half-length bareheaded **;

7) The parties hold valid identification documents provided for in articles 29-35 of these Norms.

1. If the marriage certificate is lost, how to go through the divorce procedures.

1. The procedures for divorce after the marriage of both parties are as follows:

1) The parties shall first go to the marriage registration authority to reapply for a marriage certificate;

2) After getting the marriage certificate, if you choose to divorce by agreement, you can go directly to the marriage registration authority to register the divorce and get the divorce certificate;

3) If the parties choose to file for divorce, they will directly go to the people's court with the marriage certificate and complaint to file a divorce lawsuit, so that the people's court can make a judgment on the divorce lawsuit, and if the relationship between the husband and wife has completely broken down, the people's court will make a judgment for divorce.

2. Legal basis: Article 1079 of the Civil Code of the People's Republic of China.

Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) Bigamy or cohabitation with others;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

2. What kind of property can be divided in divorce.

The property that can be divided in a divorce is as follows:

1. Wages, bonuses and other labor remuneration;

2. Income from production, operation and investment;

3. Income from intellectual property rights;

4. Inherited or donated property, except for property determined in the will or gift contract to belong to only one party;

5. Other property that shall be owned by the Communist State.