Can a woman get a divorce without a marriage certificate?

According to Article 10 of the Marriage Registration Regulations, 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.

At the same time, if both parties have a township household registration, they should go to the civil affairs department of the township where one party's household registration is located. According to Article 5 of the Norms for Marriage Registration, the jurisdiction over marriage registration is divided according to administrative regions.

1) The civil affairs department of the people's ** of a county, a city not divided into districts, or a municipal district shall handle the registration of marriage between two or one of the mainland residents whose permanent residence is within the administrative region.

2) The provincial-level people** may, according to the actual situation, stipulate that the township (town) people** shall handle the marriage registration between the two parties or one of the mainland residents with permanent residence in the township (town).

In addition, according to Article 13 of the Regulations on Marriage Registration, the marriage registration authority shall examine the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances. Where the parties are truly voluntarily divorced and have reached a consensus on issues such as child support, property, and debts, they shall be registered on the spot and a divorce certificate shall be issued.

A marriage certificate is required for divorce by mutual agreement;

In the case of divorce by litigation, if there is no marriage certificate, the marriage file is also acceptable.

A marriage certificate is required for a divorce.

Yes, if you need an ID card, household registration certificate, etc., please consult the Civil Affairs Bureau for reference Article 11 Mainland residents who have gone through divorce registration shall present the following documents and supporting materials: (1) Their household registration booklet and ID card; (2) The person's marriage certificate; Bureau acres and.

Article 17 of the Regulations on Marriage Registration Where 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 permanent residence with their household registration booklet or ID card for replacement. Where the marriage registration authorities verify the marriage registration files of the parties concerned and confirm that they are true, they shall reissue the marriage certificate or divorce certificate to the parties.

1. Can I get a divorce without a marriage certificate?

According to the law, a couple who has not received a marriage certificate is not a legal husband and wife and cannot be divorced. Because since they are not legally husband and wife, they naturally do not need to go through the divorce procedure stipulated by law. If the relationship had commenced before February 1994, it would still be a de facto union.

And whether it is cohabitation or de facto marriage, if you want to "divorce", it is different from a normal couple.

Where a man and a woman who have not completed marriage registration in accordance with the provisions and live together in the name of husband and wife sue the court for divorce, they shall be treated differently:

Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, the man and woman who have met the substantive requirements for marriage shall be treated as a de facto marriage.

After the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" was promulgated and implemented on February 1, where both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to apply for marriage registration before accepting the case; Where the marriage registration is not completed, it is to be handled as an illegal cohabitation relationship.

2. How to divide the property during the period of cohabitation?

In China, the establishment of a marriage relationship is based on "registration" as a legal requirement.

In the case of the division of property during the period of cohabitation, when the illegal cohabitation relationship is dissolved, the income and property acquired jointly by both parties during the period of cohabitation shall be treated as ordinary common property. Accordingly, in judicial practice, when the court hears a case of division of cohabiting property, it applies the provisions on the division of marital property by analogy, and treats it as general common property, which has become a common practice for the division of cohabiting property.

To apply this provision, it is necessary to grasp three key points:

First, the period during which the parties live together.

Second, "common gains". To constitute joint income, two conditions must also be met: first, the two parties live together, which is the basis for the formation of a common relationship; The second is that the two parties work together, operate or manage, which is a prerequisite for the emergence of a common relationship.

Only when these two conditions are met at the same time can joint income be constituted, otherwise it should be regarded as individual income.

Third, "general commons". That is, in the case of cohabitation, the income and the real estate purchased jointly obtained by both parties during the period of cohabitation, regardless of the amount of capital contributed by both parties, both parties enjoy the ownership of the property equally and without shares, and the two parties shall divide equally when the cohabitation relationship is terminated.

However, if the co-owners have not agreed on the joint ownership of the immovable or movable property as joint ownership by shares, or the agreement is not clear, it shall be deemed to be jointly owned by shares, unless the co-owners have a family relationship. This provision, although not for the division of property during cohabitation, is not regulated.

To sum up, if there is no marriage certificate, then there is no marriage relationship between the man and the woman, there is no divorce, it can only be said that the cohabitation relationship is dissolved, and if the two parties have joint property during the cohabitation period and want to divide this part of the property, then it will also be determined by the specific property division.

Legal Analysis: There will be no question of divorce. A marriage certificate is a legal document issued by the marriage registration authority to prove that the marriage relationship is validly established. The original is to be made in duplicate, one for each man.

1.As of the date of implementation of the Ministry of Civil Affairs' new regulations on the administration of marriage registration, men and women who do not have a spouse live together as husband and wife without marriage registration shall be treated as illegal cohabitation.

2.Where the parties have not remarried after the divorce, have not completed the registration formalities for remarriage, and live together in the name of husband and wife, and one party sues for "divorce", the illegal cohabitation relationship shall generally be dissolved.

3.When an illegal cohabitation relationship is dissolved, the income and property acquired jointly by both parties during the period of cohabitation shall be treated as ordinary common property.

Legal basis: Several Opinions of the Supreme People's Court on the Trial of Cases of Living Together in the Name of Husband and Wife by the People's Courts without Marriage Registration

Article 1: As of the date of implementation of the Ministry of Civil Affairs' new regulations on the administration of marriage registration, men and women who do not have a spouse live together in the name of husband and wife without registering their marriage, and are to be treated as illegal cohabitation.

Article 2: Where after divorce, the parties have not remarried, have not completed the formalities for registration for remarriage, and live together in the name of husband and wife, and one party sues for "divorce", their illegal cohabitation relationship shall generally be dissolved.

Article 3: When an illegal cohabitation relationship is dissolved, the income and property purchased jointly by both parties during the period of cohabitation shall be treated as ordinary common property.

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.

1. Without a divorce certificate, in principle, you cannot get a marriage certificate. 2. If there is no divorce certificate, it is a situation where the divorce certificate is lost and disappears, and you can first reissue or issue a certificate of marriage relationship, and then obtain a marriage certificate with others. 3. If you do not have a divorce certificate, but have an effective divorce mediation letter or divorce judgment, you can close it to another person to obtain a marriage certificate.

Article 258 of the Criminal Law: Whoever has a spouse and marries another person, or clearly knows that another person has a spouse and marries him, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.