What should I do if I get a divorce if I don t have a marriage certificate, what should I do if I do

If you don't have a marriage certificate, you don't need to go through divorce procedures, you can just separate. If the property and children cannot be negotiated, they can sue the court. The custody of the two children shall be resolved through negotiation between the two parties, and if the negotiation is inconsistent, they may apply to the court for settlement.

Generally, the interests of the children will be the main priority, depending on the living conditions of both husband and wife. If you want to fight for child custody, you must provide a certificate that you can raise the child well, then you will be primarily responsible and the other party will be responsible for supplemental liability. Division of child custody 1. The issue of child support in divorce by agreement is based on the provisions of China's Marriage Law on custody

In the case of a divorce by mutual agreement, the spouses may negotiate and decide on the issue of child support at the time of the divorce, and the divorce agreement shall specify in the divorce agreement which party the children wish to live with. 2. Article 36, paragraph 3 of the Marriage Law of the People's Republic of China stipulates that "after divorce, the child who is breastfeeding shall be raised by the breastfeeding mother in principle.

If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the interests of the child and the specific circumstances of both parties. ”

Yes, you can go directly to the window of the Civil Affairs Bureau and you will be asked to write a certificate.

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.

Couples who have registered their marriage in the past two years only need to bring their household registration booklets, ID cards, and group photos to the initial certificate office to reissue them, and then they can handle the divorce agreement. Whether you go to the Civil Affairs Bureau to handle a divorce by agreement or go to the court to sue for divorce, you must have a marriage certificate. When going to the Civil Affairs Bureau to handle a divorce by agreement, both parties should be present at the same time and bring two marriage certificates for two people.

When suing for divorce in court, one party should file a marriage certificate, a divorce petition and the identity card of the plaintiff who sued. When reapplying, you need to bring your ID card and household registration booklet, issue a letter from the unit, village committee or neighborhood committee, and go to the civil affairs bureau that originally handled the marriage certificate to check the marriage file, and after the file is retrieved, you can reapply for a marriage certificate according to the marriage registration file. If the marriage file of the Civil Affairs Bureau is transferred to the archives, you should first go to the local archives to check the files, copy and seal the certificate to be consistent with the original, and then go to the Civil Affairs Bureau to supplement the marriage certificate.

If one of the parties has lost one marriage certificate, the marriage registration authority may register the divorce on the basis of another marriage certificate. If both marriage certificates are lost, the marriage registration authority may register the divorce on the basis of the marriage registration file or the marriage registration record certificate provided by the parties.

Article 1076 of the Civil Code of the People's Republic of China Where a 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.

How to judge the custody of children in the divorce of husband and wife.

When deciding on child custody, the court mainly considers the age of the child, the economic status of the husband and wife, the education level of both parties, the child's living habits, and the circumstances of the grandparents who are willing and able to support the child. The relationship between parents and children after divorce is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children. Children under the age of two years are generally awarded to the woman. For children over the age of two, both parents request direct support.

In the event of a dispute over the life of a minor child over the age of 10 with his or her father, the child's own opinion shall be taken into account.

If you want to divorce without a marriage certificate, there are roughly three situations: first, there is no marriage registration at that time, so there is no marriage certificate; Second, the marriage registration was completed, but the marriage certificate was lost; The third is that the marriage certificate was hidden by the other party.

1. If a marriage certificate cannot be provided because the marriage registration has not been completed, it can be divided into two situations: one is that the time of cohabitation occurred before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, and it is treated as a de facto marriage, and in this case, unless both parties are willing to make up the marriage registration, they can only file a lawsuit in the people's court. The other is that the time of cohabitation occurred after the promulgation and implementation of the Regulations on the Administration of Marriage Registration issued by the Ministry of Civil Affairs on February 1, 1994, which is not a de facto marriage, but an illegal cohabitation, and there is no issue of divorce.

2. Where a marriage registration has been completed but the marriage certificate is lost, the marriage registration shall be reissued, and both 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 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 a permanent residence to register the divorce.

If the other party does not cooperate to obtain a marriage certificate, he or she can go to the original marriage registration authority with his household registration book and ID card to request a certificate of marriage relationship, and then go to the people's court to file for divorce.

If the marriage time is too long and the registration information at that time cannot be found, the marriage registration authority will not issue a certificate, and in this case, the divorce can only be filed. When filing a case, you may provide supporting materials issued by the unit or police station.

1. How to deal with the law that the marriage certificate has not been handled.

For marriage without a marriage certificate, how to deal with the law should be analyzed according to the situation:

1. If the marriage certificate is lost after the parties have completed the marriage registration, the two parties still have a legal marriage relationship and are protected by the law. Both parties or one of the parties may go to the original marriage registration authority to reapply for a marriage certificate.

2. If there is no marriage registration, the relationship between the two parties shall generally be treated as a cohabitation relationship, which is not protected by law; If, before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, the man and the woman have met the substantive requirements for marriage but have not gone through the marriage registration, then the relationship between the two parties shall be treated as a de facto marriage, and such a relationship is protected by law.

Article 10 of the Marriage Registration Regulations stipulates 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 a permanent residence to register the divorce.

Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with 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 divorce registration.

Answer: There are two ways to collapse: (1) First reapply for a marriage certificate and then divorce.

It's a coherent process. Legal basis: Article 17 of the Marriage Registration Regulations stipulates:

If the marriage 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 Changze ID card. 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. (2) Go to the Civil Affairs Bureau to make a written explanation of the loss of the marriage certificate, which shall be filed by the marriage registration authority.

Then ask the staff to issue a certificate of the existence of the marital relationship before the divorce. 2.The matter of marriage certificate is simple, but divorce is very troublesome.

It involves the division of property, the maintenance and visitation of children, the payment of child support, the claim for damages if one party is at fault, and the issue of proof.