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Freedom of marriage, there is no restriction on divorce after remarriage.
What documents do you need to bring to the Civil Affairs Bureau for divorce.
1. Hukou book;
2. Resident ID card;
3. Marriage Certificate;
4. Divorce agreement. (The agreement shall contain the parties' intention to divorce voluntarily and the consensus on matters such as child support, property and bond disposal);
5. With the same background color, two of the recent frontal color bareheaded two-inch singles.
What are the formalities required for a divorce by mutual agreement?
If the parties divorce by agreement, the divorce registration shall be handled in accordance with the procedures of preliminary examination, acceptance, examination, registration (issuance).
The specific materials and procedures required for divorce by mutual agreement are as follows:
1) The parties submit their documents and supporting materials;
2) The marriage registrar shall inspect the corresponding documents and supporting materials;
(iii) The marriage registrar shall explain to the parties the conditions of the Marriage Law for the registration of divorce;
(4) The marriage registrar asks the parties about their willingness to divorce and their wishes regarding the contents of the divorce agreement;
5) If both parties voluntarily divorce and reach a consensus on matters such as child support, property and debt handling, both parties shall fill in the Declaration of Application for Divorce Registration and sign it in front of the oath keeper;
6) Both spouses sign the divorce agreement in person; The Registrar of Marriages is the Commissioner of Oaths. One copy of the agreement for each spouse and one copy for filing at the Marriage Registry;
7) The marriage registrar shall review the documents submitted by the parties, the declaration of application for divorce registration, and the divorce agreement, and if the conditions for divorce are met, fill in the "Divorce Registration Review and Processing Form" and the divorce certificate;
(viii) Issuance of a divorce certificate.
The issuance of a divorce certificate shall be carried out in the presence of both parties in accordance with the following steps:
1. Verify the name, date of birth, and willingness to divorce with both parties;
2. Inform the parties of the legal relationship after receiving the divorce certificate, the relationship with the children after the divorce, and the obligations they should fulfill;
3. Witness the parties themselves to sign in the column of "Signature or Fingerprint of the Parties" in the "Divorce Registration Review and Processing Form"; Where the parties do not know how to write their names, their fingerprints shall be pressed.
4. Affix a strip-type seal on the marriage certificate of the parties, which indicates that "both parties are divorced, and the certificate is invalid." Marriage Registry". The cancelled marriage certificate will be returned to the parties.
5. Issue the divorce certificate to both parties to the divorce, and announce to both parties: obtain the divorce certificate and dissolve the relationship between husband and wife.
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Yes, you are free to marry and divorce freely.
As long as your wife wants to.
There is a 30-day cooling-off period for divorce starting next year, and the formalities cannot be completed immediately.
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Freedom to marry, you can choose to divorce or get married. But there is one point, your income after remarriage belongs to the joint property of the husband and wife, and the other party can ask for division if you divorce again.
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Yes, the freedom to marry does not restrict divorce after remarriage.
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After remarriage, there should be a period of time before divorce This kind of thing should be considered clearly It is not easy to remarry.
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Hello this friend! Well, unless there are some special circumstances for special reasons. Otherwise, it is not allowed.
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Legal Analysis: Guess the Quarrel.
After divorce, if both the man and the woman voluntarily resume their relationship as husband and wife, they shall register their remarriage with the marriage registration office. "After a divorce, a man and a woman can remarry at any time, without time limit. However, remarriage is not just a matter of two people living together, and it is also necessary to go through marriage procedures just like marriage.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant group 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 another person;
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.
Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable request to the parents to disturb either party in excess of the amount originally set in the agreement or judgment when necessary.
Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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Divorce can be remarried. If both the man and the woman voluntarily resume their marriage after divorce and meet the conditions for remarriage, they may remarry at any time, and the law does not stipulate a specific time limit for remarriage. According to the law, if a man and a woman voluntarily resume their marriage relationship after divorce, they shall go to the marriage registration office to re-register the marriage.
After the marriage is registered, the woman becomes a member of the man's family again, and the man becomes a member of the woman's family again.
1. What procedures are required for remarriage.
The procedure required for remarriage is as follows:
1. To apply, both the man and woman who are required to register their marriage should apply to the civil affairs bureau of the district or county-level or the marriage registration authority of the town with the required documents;
2. Fill in the declaration form, both parties apply to the marriage registration authority in person, and each fill in the declaration form of remarriage application;
3. Signature, both parties must sign or fingerprint in person in front of the marriage registrant in the column of the declaration of application for remarriage registration;
4. Review and registration, the marriage registration authority will review the documents and declarations submitted by both parties, and if the conditions for remarriage registration are met, the registration shall be approved;
5. Remarriage registration certificate: After going through the remarriage registration formalities, the original divorce certificate or court judgment or mediation document shall be revoked, and the remarriage registration certificate shall be issued, which shall take legal effect.
The law stipulates that if a man and a woman voluntarily resume their marriage relationship after divorce, they shall go to the marriage registration office to re-register the marriage.
Article 1083 of the Civil Code.
After divorce, if both the man and the woman voluntarily resume their marriage relationship, they shall go to the marriage registration office to re-register the marriage.
Article 1000.
After the 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, according to the agreement between the man and the woman.
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Of course, it is possible to remarry after divorce. 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. Therefore, as long as both the man and the woman are voluntary, they can go to the marriage registration office at any time to go through the marriage formalities.
Legal basis: Article 1046 of the Civil Code of the People's Republic of China stipulates that marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to force the other party or any organization or individual to interfere.
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 office. 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.
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Legal Analysis: Yes. Freedom of marriage is a fundamental right of the Constitution, and no one can infringe on the principle of freedom of marriage, so if the parties reach an agreement, at least at the legal level, there is no obstacle to the parties, and the parties are free to remarry.
If both parties reach an agreement, they can bring their ID cards, household registration booklets, **, and divorce certificates to the Civil Affairs Bureau where either party's household registration is located to get the marriage certificate again.
Legal basis: Article 1049 of the Civil Code 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. If the marriage registration has not been completed, it shall be re-registered.
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1. Can I remarry after divorce?
1. You can remarry after divorce. Method of remarriage: Both men and women provide the original divorce certificate or court judgment (or mediation document), Pei Maokong ID card, household registration book and other materials, and jointly apply to the marriage registration authority for registration procedures, and if the conditions are met, a marriage registration certificate will be issued to restore their legal relationship between husband and wife.
2. Legal basis: "Marriage Registration Regulations".
Article 4 When a Mainland resident marries, both the man and the woman shall jointly go to the marriage registration authority for the place where one of the parties has a permanent residence and blind household registration 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 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.
Hong Kong residents and Macao residents who go through marriage registration shall present the following documents and supporting materials:
1) Valid pass and ID card;
2) A statement notarized by a notary public at the place of residence that the person has no spouse and that he or she has no direct blood relatives or collateral blood relatives within three generations with the other party.
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 in 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 relationship with the other party or collateral blood relationship within three generations, 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 relationship with the other party or collateral blood relationship within three generations.
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.
Article 7: Marriage registration organs shall conduct a review of the documents and supporting materials issued by the parties to the marriage registration and inquire about the relevant circumstances. Where the parties meet the requirements for marriage, they shall be registered on the spot and a marriage certificate shall be issued; Where the parties do not meet the requirements for marriage and are not registered, the reasons shall be explained to the parties.
2. What is the process of remarriage registration?
1) Both parties must apply for marriage registration in person at the marriage registration authority where one party's household registration is located, and the statutory materials need to be brought when applying.
2) The marriage registration management organ shall examine the application of the parties, ascertain whether the parties to the marriage application meet the statutory requirements for marriage, and shall interrogate the parties for their misunderstandings and give answers.
c) Registration. Remarriage is very common in judicial practice, and the staff of the marriage registration agency also normally examines the marriage registration requests of the parties.
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Legal analysis: It is possible to remarry after divorce, freedom of marriage is a basic right of the Constitution, and no one can infringe on the principle of freedom of marriage, so if both parties reach an agreement, at least at the legal level, there is no obstacle, and both parties can freely remarry.
Legal basis: Article 49 of the Constitution of the People's Republic of China stipulates that marriage, family, motherhood and children shall be protected by the state.
Both husband and wife have the obligation to practice family planning. Parents have the obligation to raise and educate their minor children, and adult children have the obligation to support and support their parents. It is forbidden to undermine the freedom of marriage, and it is forbidden to abuse the elderly, women and children in rented positions.
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