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There is no necessary connection between the relocation of the household registration and the division of property at the time of divorce. In the event of divorce, the disposition of marital property can be divided into two aspects: (1) Disposal of the property unique to one of the spouses:
The property of one of the spouses is owned by the individual. (2) Disposal of the joint property of the husband and wife: The joint property of the husband and wife shall be disposed of by agreement between the two parties, and the agreement reached by the parties on the division of property due to divorce shall be legally binding on both men and women.
If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
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OK. According to the Marriage Registration Regulations:
Article 4 When a mainland resident marries, 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 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, Taiwan 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.
Therefore, it is necessary to present the household registration booklet, ID card, divorce certificate, and signed statement that the person has no spouse and has no direct blood relationship with the other party or collateral blood relationship within three generations before the marriage can be registered.
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Handle the formalities well When you get divorced, you should also deal with all the formalities and try to ensure that it will not affect your future life, otherwise you will still have all kinds of troubles because of this marriage. After the divorce, it means that the two people do not want to live together, and there is no need to be together, at this time, they can move out of their hukou directly, instead of keeping the same hukou. Moving out will have no impact on your future pursuits, and it will also make you feel more at ease.
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There is no relationship between household registration and obtaining a marriage certificate, and it is necessary to provide the original ID card of both men and women (temporary ID card or military (including armed police) identity card), the original household registration book (household registration certificate collective household registration page), and three 2-inch recent bareheaded group photos.
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OK. The two people have divorced and have no relationship, and your hukou will not affect your marriage regardless of whether you are in **.
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It is also possible to get a marriage certificate with someone else, but you need to migrate the household registration book first, and since you have been divorced, you have the right to remarry.
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Then you can't get a marriage certificate with someone else, because your hukou is still on that side and you haven't moved out.
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Legal analysis: Hukou and obtaining a marriage certificate have nothing to do with each other, and it is necessary to provide the original ID cards of both men and women (temporary ID cards or military (including armed police) ID cards), the original household registration book (household registration certificate collective household registration page), and three 2-inch recent bareheaded group photos. The process of remarrying a marriage.
1. To accept, go to the marriage registration office hall of the civil affairs department where one party's household registration is located, and both parties will submit the above procedures in person. 2. Review and check the household registration book, ID card, to see if the ID card is expired, and whether it is the same as the party. 3. Registration, ask both parties whether they are voluntary, pay the registration fee of 9 yuan, write a declaration on both sides, sign and print the fingerprint, register the person number, register and print the marriage certificate, and fill it in.
4. After the certificate is issued, after the registration formalities are completed, the relevant registration procedures are archived, and the marriage certificate of both parties is issued on the spot, and the marriage relationship between the two parties is officially announced, and the marriage relationship of the two parties is confirmed by the law.
Legal basis: "Regulations on Marriage Registration" Article 5 A Mainland resident who goes through marriage registration shall present the following documents and supporting materials: (1) his or her 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, Macao residents, and Taiwan residents who go through marriage registration shall present the following documents and supporting materials: (1) their valid passes and identity cards; (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 of 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 that he has no direct blood relatives or collateral blood relatives within three generations with the other party, 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 relatives or collateral blood relatives within three generations with the other party. Foreigners who go through marriage registration shall present the following documents and supporting materials: (1) their valid passports or other valid international travel documents; (2) A certificate issued by a notary public or competent authority of the country where the person is located, certified 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, that person has no spouse, or a certificate issued by the embassy (consulate) of the country where he or she is located in China.
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If I don't move out of my household registration after the divorce, can I get a marriage certificate with someone else?
China's laws do not clearly stipulate the handling of household registration at the time of marriage and divorce. When getting married, it is not required to merge the household registration of men and women into one place, and there is no provision that Tan Zi must move and separate households when divorced. In real life, even some people who are not related by blood can be like a family, in a household register.
After the divorce, the woman is reluctant to move her hukou, because there are many factors, and sometimes she is helpless. For example, if the woman does not own a property and her employer agrees to move to a collective household, it is a feasible solution. However, if the employer does not have a household registration or does not agree, the woman's domicile registration when she moves her household registration becomes a problem.
Divorce has become a legal fact, and the hukou together will not affect the lives of both parties. Under the current household registration system, it is enough to bring the divorce documents and household registration book to the household registration department to change the relationship between husband and wife. In terms of law, the woman's non-removal of the hukou after the divorce has no impact on the husband's marriage.
If the man intends to remarry, he can do so with a divorce certificate, because his previous marriage no longer exists. Article 22 of the Judicial Interpretation (II) of the Marriage Law stipulates that if it is presumed to be a gift from the parents to the husband and wife, the property right house may be directly divided according to the joint property of the husband and wife in the event of divorce.
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It's just that you don't have to go through the divorce registration at the time of divorce, so even if you don't move out in time, you can still get a marriage certificate with other people. This actually doesn't have much impact, but it is still recommended that Fanna move out of his household registration after the divorce, after all, there is no substantive relationship between the two parties after the divorce, and if it is still on a household registration book at this time, there are some diaphragms for both parties. Therefore, after the divorce, you can move out of your household registration as soon as possible, and it will not affect other decisions in the future.
In fact, divorce is a very normal thing in today's society, and it will not be treated differently by others after divorce. Therefore, if you feel that your life is not going well, or if it is not the life you want, you can also choose to end this life and start a new life of your own. But at this time, we must deal with the relevant formalities, after all, the decision should be made in accordance with the laws of our country anyway.
Make a bold choice If you like someone else after marriage, you can actually choose to divorce your partner directly, and then choose to pursue your own happiness after the divorce, there is nothing particularly wrong with that. But such as.
It's very simple, if you are the head of the household, take the divorce certificate to the police station to open a single certificate, you can cancel her household registration, and you don't have to worry about her household registration for the rest.
According to Article 11 of the Regulations on the Administration of Marriage Registration, a Mainland resident who registers a divorce shall present the following documents and supporting materials: (1) his or her household registration booklet and identity card, (2) his marriage certificate, and (3) a divorce agreement signed by both parties. Therefore, when you go to the Civil Affairs Bureau to handle the divorce by mutual agreement, you cannot handle it without a household registration book. >>>More
First of all, there is no uniform provision on the writing format of the certificate, as long as the parties wish, the handwriting is neat and clear. Secondly, due to the different household registration policies in different places, there are no precise and detailed provisions on the issue of household registration of the parties after the divorce. The parties should find a way according to their own situation and the local household registration policy. >>>More
After a divorce, the procedures required to move the household registration back are basically as follows: household registration booklet, resident ID card of the original head of household, marriage certificate, divorce certificate or people's court's judgment on the separation of the house and the right to use, mediation, the people's court's judgment, ruling, decision, etc. on the division of house ownership and use rights (excluding the confirmation of rights between husband and wife), the certificate of private real estate ownership after property separation issued by the real estate management department at or above the county level, and the certificate of lease use of public housing after division (excluding the confirmation of rights between husband and wife), etc. Article 10 of the "Regulations on the Administration of Household Registration" If a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall apply to the household registration authority at his or her place of permanent residence for the formalities of moving out of the household registration office before moving out, and if he or she moves from the countryside to the city on a loose lease, he or she must hold a certificate of employment from the urban labor department, a certificate of admission to the school, or a certificate of permission from the urban household registration authority.
Taking Shanxi Province as an example, according to the "Shanxi Provincial Regulations on the Administration of Permanent Residence Registration": >>>More