Is it true that you can t get a divorce if you tear up your marriage certificate?

How is it possible, the marriage certificate means that you are registered and married, and there are legal benefits, and the Civil Affairs Bureau also has a backup! You can go to the Civil Affairs Bureau to get a reprint first! Then go through the normal divorce process!

It's like a driver's license, an ID card, can't you drive if you lose it, it's a black household?

Legal analysis: If the marriage certificate is torn up and the divorce cannot be filed, the marriage certificate should be reissued first, and then the divorce registration should be handled by the original marriage registration authority. Legal basis:

Article 1076 of the Civil Code of the People's Republic of China 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 children are 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 is not reached, the people's 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.

Legal analysis: Yes, but you need to reapply for a marriage certificate first.

According to Article 17 of the "Marriage Registration Regulations", if the marriage certificate or divorce certificate at the head of the chain is lost or damaged, the 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.

Where the marriage registration authorities verify the parties' marriage registration files and confirm that they are closed, they shall reissue the marriage certificate or divorce certificate to the parties. "The parties concerned shall apply in person to the marriage registration authority and fill in the Declaration Form for Application for Replacement of Marriage Registration Certificate.

After the marriage certificate is reissued, the divorce will be processed.

Legal basis: Civil Code of the People's Republic of China

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered.

Where the number of marriages registered in the booth has not been recorded, the registration shall be supplemented.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

You can get a divorce, generally speaking, there are two marriage certificates, tear one and there is another, and you can also use that to handle the divorce, so don't worry, after all, the marriage management center will take a look, and then check the system to verify, only one marriage certificate can also handle the divorce.

If your two marriage certificates are torn, it doesn't matter, you can apply for a new certificate in the past and apply for a new one, but the time will drag on for a longer time, and then the two people go to the marriage management center to sign the divorce together, which is also okay.

In short, if you want to divorce after tearing up the marriage certificate, there is always a way to leave.

When a couple who has gone through marriage registration but accidentally loses or tears up their marriage certificate, as long as they provide relevant supporting materials, they can directly go through the divorce formalities according to the legal procedures without reapplying for a marriage certificate, but before going through the divorce formalities, the parties need to make a written explanation to the marriage registration authority about the loss of the marriage certificate.

If the 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. 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.

If you can't get a divorce without a marriage certificate, you can get a marriage certificate first, and you can get a divorce while you're going through the divorce.