has been divorced, remarriage to apply for a marriage certificate to show the household registration

In real life, there are often parties who apply for a declaration of annulment of marriage on the grounds that there are flaws in the marriage registration procedure, such as one party does not appear in person to complete the marriage registration, borrows or fraudulently uses another person's identity certificate for registration, the marriage registration authority exceeds its authority, and the marriage registration materials submitted by the parties are defective. When there are flaws in the marriage registration procedure, if the substantive elements of marriage are lacking at the same time, the people's court may declare it invalid within the circumstances prescribed by law, but there is no clear legal provision on the legal effect of marriage registration with only procedural flaws. If a party applies for a declaration of annulment of marriage on the basis of defects in the marriage registration, the court can only make a judgment to reject the application of the parties as long as it does not meet one of the four provisions of Article 10 of the Marriage Law on the invalidity of marriage.

If a marriage that meets the substantive requirements for marriage but has flaws in the marriage registration procedure is declared invalid, it not only expands the scope of invalid marriage, but also does not conform to the original legislative intent of establishing an invalid marriage system.

Accordingly, under the current legal framework of our country, marriage registration is a specific administrative act in nature, that is, an administrative confirmation act. Although it is not within the scope of the court's review of civil cases, the parties may apply to the civil affairs department for resolution or file an administrative lawsuit if they raise objections to the validity of the marriage certificate they have already received. Paragraph 2 of Article 1 of the Interpretation (III) of the Marriage Law provides:

Where a party initiates a civil lawsuit on the grounds that there are flaws in the marriage registration procedure and claims to revoke the marriage registration, it shall inform it that it may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with the law."

Marriage registration with a false household registration is invalid.

Marriage registration with a fake household registration is definitely invalid.

You can get a marriage certificate here.

Hello. You do not need to go through divorce procedures in this case. Because, if the marriage certificate is fake, it is not legally binding, it proves that the two parties are not married, and there is no problem of divorce, and you do not need to go through divorce procedures, you can just break up and deal with child custody and property, and the dissolution of cohabitation does not need to go through judicial procedures.

If you are in a de facto marriage, you still have to go through the legal process. Just like before the national marriage law, many families have been formed and do not have a marriage certificate, but they have been together, this is called a de facto marriage, and if the de facto marriage is recognized by law, if you divorce, you have to go to the local civil affairs bureau to go through the divorce procedures. In the case of child custody and property division, if no agreement is reached, a lawsuit can be filed for division.

China's marriage law stipulates that both men and women who wish to marry must register with the marriage registration office. If the requirements are met, it shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate establishes the relationship between husband and wife.

Where marriage registration has not been completed, the registration shall be re-registered. Therefore, if the marriage certificate of both parties is fake, then the relationship between husband and wife has not been established, and those who want to separate do not need to go through the divorce procedures like husband and wife. If there is no marriage, the cohabitation of a man and a woman together is in essence a cohabitation relationship.

If there is no dispute over the property of the children, the dissolution of the common-law relationship only requires the unilateral will of the other party and does not require the consent of the other party. Cohabitation is precarious and not protected by marriage law. Therefore, if one of the cohabiting parties sues the people's court for instructions to dissolve the cohabitation relationship, the people's court will not accept it at all.

However, if the parties to the cohabitation can reach an agreement on the division of property and child support during the period of cohabitation, it will be handled according to the agreement of both parties. If the two parties cannot reach an agreement, a lawsuit is initiated, and the people's court shall accept it and divide it in accordance with law. I hope my answer is helpful to you!

The so-called fake is that I haven't gone to the civil affairs department to apply for a marriage certificate! So you're not married at all! Then there is no such thing as divorce!

The fake marriage certificate has no legal effect, and the state does not recognize it, and no one recognizes that you two are husband and wife, so it is okay to reconcile and disperse.

Even if the previous marriage certificate is fake, but you are a fact, if the husband and wife want to divorce, they must first get the marriage certificate, get the real marriage certificate, and then go to the divorce.

Let's start with a little bit. It's illegal for you to get a fake marriage certificate. You are not bound by marriage. In other words, there is no law on your fake marriage certificate. You live together in a cohabitation relationship. To separate, it is only to dissolve the cohabitation relationship, not to divorce.

Legal analysis: according to the national regulations on second marriage and marriage leave, the first marriage and the second marriage and third marriage are the same, you can enjoy the national statutory marriage leave, the treatment is the same, but according to the different local regulations on the number of days, basically three days, China's relevant laws and regulations, marriage leave does not depend on the number of marriages, as long as it meets the conditions for marriage stipulated by law.

Legal basis: Article 25 of the Chinese Population and Family Planning Regulations Citizens who marry late and have children late may receive rewards or other benefits for extended marriage leave, maternity leave, or other benefits to be celebrated.

Legal analysis: According to the national regulations on second marriage and marriage leave, the first marriage and the second marriage and third marriage are the same, Du Minsui can enjoy the national statutory marriage leave, and the treatment is the same, but according to the different local regulations, the bridge is basically three days, China's relevant laws and regulations, marriage leave depends on the number of marriages, as long as it meets the conditions for marriage stipulated by law.

Legal basis: Article 25 of the Regulations on the Chinese Population and Family Planning Citizens who marry late and give birth late may receive rewards or other benefits for extended marriage and birth leave.

Where the conditions for invalid marriage as provided for in Article 10 of the Marriage Law are met, a lawsuit for annulment of marriage may be filed with the people's court.

Where a person is coerced to use a false identity card to register a marriage, he may request the marriage registration machine or the people's court to revoke the marriage; If a person claims to revoke the marriage registration on the grounds that there are flaws in the marriage registration procedure, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law; If the marriage is valid, relief can be obtained through divorce proceedings.

There is only one form of establishment of marriage relationship in China, that is, the registration model is adopted, and the applicant recorded on the marriage certificate is the party to the marriage approved by the administrative organ to enter into marriage and recognize the marriage relationship.

The issuance of a certificate of marriage by an administrative organ is actually a valid legal document of the relationship between the husband and wife of the person who has borrowed the identity document and the person who holds the real identity document, which has the effect of public disclosure and public trust, and is a formal and legal marriage relationship, and its validity cannot be directly denied without the revocation of the legal procedure by the statutory authority.

Legal Analysis: There is a holiday for divorce and remarriage. The legal status of the remarried person is the same as that of the first marriage, and the employer shall refer to the relevant provisions of the state and enjoy the same marriage leave for the remarried employee.

Specifically, couples who give birth to children in accordance with the provisions of laws and regulations may receive incentives or other benefits for extended maternity leave.

Legal basis: Article 51 of the Labor Law of the People's Republic of China provides that the employer shall pay wages to employees on statutory holidays, marriage and funeral leave, and during the period of participating in the activities of the Social Welfare Association in accordance with the law.

Summary. Hello, dear, the process of remarriage and marriage registration that needs to be presented with a divorce certificate: 1. Application:

If a Chinese citizen applies for marriage in China, both parties must apply for marriage registration in person at the marriage registration authority where one of the parties has a household registration; 2. Examination: The marriage registration authority shall examine the application of the parties to find out whether the marriage application meets the conditions for marriage; 3. Registration: The first case:

To register, the marriage registration authority shall immediately register and issue a marriage certificate to those who meet the requirements for marriage; For those who have been divorced, their divorce certificates shall be cancelled. The second circumstance: refusal to register, if the applicant has one of the following circumstances, such as an involuntary marriage, the marriage registration authority will not register.

If the marital status of the household register is blank, but the actual person is married and divorced, if I remarry, do I need to show a divorce certificate?

Hello, dear, you need to show the divorce certificate Chan Youzheng's remarriage process for marriage registration: 1. Application: Chinese citizens apply for marriage in China, and both parties must apply for marriage registration in person at the marriage registration authority where one party's household registration is located; 2. Review:

The marriage registration management organs shall conduct a review of the parties' applications to ascertain whether the marriage application meets the requirements for marriage; 3. Registration: In the first case, the marriage registration authority shall immediately register and issue a marriage certificate to those who meet the conditions for marriage; For those who have been divorced, their divorce certificates shall be cancelled.

The second circumstance: refusal to register, if the applicant has one of the following circumstances, such as an involuntary marriage, the marriage registration authority will not register.

Do I need a divorce certificate to remarry? If the two parties want to remarry after the divorce, they need a divorce certificate, if they do not remarry after the divorce, but the divorced party marries someone else, you also need to bring a divorce certificate to prove that you are single. There are two situations in which a person remarries after divorce:

1. Generally, if both the man and the woman were originally husband and wife, and now want to remarry (remarry) after passing the divorce registration with the Civil Affairs Bureau, when they go to the marriage registration authority to perform the marriage (remarriage) registration, the marriage registration authority Yunbi will withdraw the divorce certificate of both parties and issue the marriage certificate. 2. If the marriage relationship is dissolved through the divorce registration of the Civil Affairs Bureau, the Civil Affairs Bureau will issue a "Divorce Certificate" to both parties; If the divorce is filed through the court (litigation divorce), the parties do not have a "divorce certificate", and only the relevant divorce judgment or divorce mediation document of the court is used as the divorce certificate.

Summary. Those who falsify divorce certificates and are suspected of the crime of forging certificates from state organs will be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights. where the circumstances are serious, they will be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

How to distinguish the authenticity of a divorce certificate from a fake: At present, there is no information on marriage and divorce on the Internet. You can go to the Civil Affairs Bureau to check the authenticity of the divorce certificate and marriage certificate, but you must be a party to the marriage or an interested party to check.

Legal basis. Paragraph 1 of Article 280 of the Criminal Law stipulates: "Anyone who forges, alters, buys or sells, or steals, snatches, or destroys official documents, certificates, or seals of State organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights."

where the circumstances are serious, the sentence is between 3 and 10 years imprisonment.

Is the marriage certificate handled by the civil affairs department with a fake divorce certificate valid?

Those who falsify divorce certificates and are suspected of the crime of forging certificates from state organs will be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights. where the circumstances are serious, they will be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. How to distinguish the authenticity of a divorce certificate from a fake:

At present, there is no information on marriage and divorce on the Internet. You can go to the Civil Affairs Bureau to check the authenticity of the divorce certificate and marriage certificate, but you must be a party to the marriage or an interested party to check. The legal basis is Article 280, paragraph 1, of the Penal Code:

Whoever forges, alters, buys, sells, or steals, snatches, or destroys official documents, certificates, or seals of state organs shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention, controlled release, or deprivation of political rights. where the circumstances are serious, the sentence is between 3 and 10 years imprisonment.

Is the marriage certificate issued later valid?

After all, the person who got married later didn't know that the other party had faked it.

I've already reported your violation of the law, and I hope you don't have that kind of thought. Thank you, the above has answered the legal responsibility for this illegal behavior for you. I hope my sailfinch can pretend to help you, thank you.

You didn't face my problem.

Is it effective?

Those who falsify divorce certificates and are suspected of the crime of forging certificates from state organs will be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights. where the circumstances are serious, they will be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. How to distinguish the authenticity of a divorce certificate from a fake:

At present, there is no information on marriage and divorce on the Internet. You can go to the Civil Affairs Bureau to check the authenticity of the divorce certificate and marriage certificate, but you must be a party to the marriage or an interested party to check. The legal basis is Article 280, paragraph 1, of the Penal Code:

Whoever forges, alters, buys, sells, or steals, snatches, or destroys official documents, certificates, or seals of state organs shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention, controlled release, or deprivation of political rights. where the circumstances are serious, the sentence is between 3 and 10 years imprisonment.

It depends: its.

1. The parties to a fake divorce remarry after going through the divorce formalities, which is equivalent to remarriage, and they are on "marriage leave." That.

2. If the parties to a fake divorce only declare their divorce to the outside world and have not gone through the divorce procedures, and there is no situation of remarrying after that, there is no marriage leave.

Article 3 of the Labor Law stipulates that workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.