What should I do if I can t find a marriage certificate in a divorce, and what should I do if I can

If the marriage certificate is lost, the divorce formalities can be handled, and if one marriage certificate is lost, the marriage registration authority may handle the divorce registration on the basis of the other marriage certificate; If both marriage certificates of the parties are lost, the marriage registration authority may handle the divorce registration on the basis of the marriage registration file or the proof of marriage registration records provided by the parties.

According to the relevant provisions of the Ministry of Civil Affairs' "Opinions on Several Issues Concerning the Implementation" (Min Han [2004] No. 76):

5. On the issue of marriage certificate in divorce registration.

If a party applying for divorce registration has lost one marriage certificate, the marriage registration authority may register the divorce on the basis of another marriage certificate; If both marriage certificates of the parties are lost, the marriage registration authority may handle the divorce registration on the basis of the marriage registration file or the proof of marriage registration records provided by the parties. The parties concerned shall make a written explanation of the loss of the marriage certificate, which shall be filed by the marriage registration authority.

Where the name, date of birth, and ID number on the marriage certificate provided by the party applying for divorce registration are inconsistent with the ID card or household register, the parties shall explain the reasons for the discrepancy in writing.

If you can't find the marriage certificate, you can get a divorce, and you can go to the civil affairs department that handled the marriage registration before to apply for a certificate of marital relationship.

Since the Civil Affairs Bureau can't find the file, and you have lost your marriage certificate, then you can go to reapply for it, and you can get a divorce after reapplying.

What kind of divorce, find another one, it may not be the case, there is less and less happiness, and women can't stand the toss.

After three years of separation, you will automatically divorce, you go to the Civil Affairs Bureau to ask, I also heard from others, it seems that I want to apply.

Then don't get divorced! Divorce is not a good thing!

Marriage certificate is reissued, and then divorced.

First go to reissue the red book, and then go to the Lu book.

Legal analysis: If you can't find a marriage certificate in the divorce, you should go to the local area to apply for a marriage certificate, and submit an application for marriage registration and a review and processing form. In accordance with the relevant provisions of marriage registration, if the marriage certificate is lost or damaged, the parties may apply for a replacement with the household registration booklet and their ID card to the original marriage registration unit, or the marriage registration unit of the place where one of the parties has a permanent household registration.

If the marriage registration unit verifies the marriage registration materials of the parties and confirms that they are true, it shall issue a marriage certificate for the parties.

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 organization may conduct mediation or directly initiate divorce proceedings in 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 a child is 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 fails, the People's Heng Limb Court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth 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.

If you can't find a solution for divorce and can't find a marriage certificate, the parties can go to the marriage registration office to reapply for a marriage certificate. When handling the marriage registration, the marriage registration authority has established a marriage file, and the information of the parties will be stored in it, and if the marriage certificate is lost, you can bring your ID card to reapply for it, and then go to the divorce.

Legal basisArticle 17 of the Civil Code.

If the marriage certificate or divorce certificate is lost or damaged, the parties concerned may apply for a replacement with the household registration booklet or ID card to the original marriage registration authority or the marriage registration authority at the place where one of the parties has permanent residence.

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.

Summary. Hello dear, if you can't find a marriage certificate after divorce, you can first go to the original marriage registration authority to issue a certificate, and then go to the civil affairs department to reapply for a marriage certificate and then register for divorce.

Hello dear, if you can't find a marriage certificate in a divorce, you can go to the original marriage registration authority to open a certificate, and then go through the divorce registration or go to the civil affairs department to apply for a marriage certificate as soon as possible, and then register the divorce.

Article 17 of the Marriage Registration Regulations stipulates that "if 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 a permanent residence with the household registration booklet or SFZ for replacement." If the marriage registration authority is instructed to check the marriage registration files of the parties and confirm that it is true, they shall reissue the marriage certificate and divorce certificate to the parties. ”