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You can ask for a return, and if you don't pay it back, you can go to court to sue.
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The marriage certificate is a legal document that effectively proves the existence of a legal marriage relationship between a man and a woman, in a marriage, if the woman thinks that the marriage relationship does not have the need to survive, she will file for divorce, but it is very likely to be opposed by the man, and even the man may hide the marriage certificate, so that the woman can not divorce smoothly, and set up obstacles for the woman to file a divorce lawsuit, so how to sue for divorce if the marriage certificate is taken away by the man? In this case, if the parties are still able to negotiate a divorce, then both parties may apply to the original marriage registration authority or the marriage registration authority 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 receiving the marriage certificate, if both parties reach an agreement on all matters related to divorce, 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 it is not possible to negotiate a replacement, the woman can go to the original marriage registration authority with the household registration book and ID card to request the issuance of a certificate of marital relationship, and the civil affairs bureau can check the marriage registration file, make a copy of it and seal it with the civil affairs bureau, and then the woman can take the certificate of marriage relationship to the people's court to file for divorce.
1. What should I do if I want to divorce but don't have a marriage certificate?
If a marriage has been registered but the marriage certificate is lost, the marriage registration shall be reissued, and both parties may present their household registration booklet and ID card to the original marriage registration authority;
or the marriage registration authority of the place where one of the parties has permanent residence applies for a replacement. 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 matter, they can go to the original marriage registration authority;
Or if one of the parties goes through the divorce registration at the marriage registration authority in the place where he or she has permanent residence, if he or she cannot reach an agreement on the divorce matters, he can only go to the people's court to file for divorce.
Article 17 of the Regulations on the Administration of Marriage Registration Article 17 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 a permanent residence with their household registration booklet or ID card. Where the marriage registration machine is to verify the parties' marriage registration files and confirm that they are true, the marriage certificate or divorce certificate shall be reissued to the parties.
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Legal analysis: The divorce certificate is the same as the marriage certificate, one certificate for both the man and the woman. If the woman's divorce certificate is taken away by the man, the woman can go to the local civil affairs department to apply for a replacement on the grounds that the marriage certificate was lost.
Legal basis: Civil Code of the People's Republic of China
Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:
a) bigamy; 2) cohabitation with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members;
5) There are other major faults.
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.
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The divorce certificate is the same as the marriage certificate, one certificate for each man and woman. If the woman's divorce certificate is taken away by the man, the woman can go to the local civil affairs department to apply for a replacement on the grounds that the divorce certificate is lost.
Civil Code of the People's Republic of China
Article 1091:In any of the following circumstances, resulting in a divorce, the party who is not at fault has the right to claim damages:
a) bigamy; 2) cohabitation with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members;
5) There are other major faults.
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 shall 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.
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1. Your situation falls within the scope of defective marriage registration, i.e. you did not apply for marriage registration and obtain a marriage certificate in person at the marriage registration office.
2 If you don't want to continue living now, you don't need to get a divorce, you just need to apply for an administrative reconsideration or file an administrative lawsuit on the grounds that the marriage registration procedure is flawed.
3 Legal basis: Interpretation of Several Issues of the Marriage Law of the People's Republic of China (3) Article 1 stipulates:
Where a party initiates a civil lawsuit on the grounds that there is a flaw in the marriage registration procedure and claims to revoke the marriage registration, inform them that they may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law.
Hope it helps.
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Go to the Civil Affairs Bureau to open a marriage registration certificate and sue for divorce.
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Really think about it carefully and act, they will understand.
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Then go to court and sue for divorce.
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Then you have to apply for a family visit visa or a tourist visa, and I think it is very troublesome to handle the specific application, so I applied for it when I studied in the middle and young people, and the visa came down quite quickly.