If there is a divorce decree, it must not be registered without a certificate of validity?

The Supreme People's Court stipulates that a certificate of validity is required for divorce judgments, which is set up to facilitate the examination by the marriage registration department when the parties go through the marriage registration registration again. Therefore, if you want to remarry, you will need to issue a valid certificate. The relevant legal provisions are the Notice of the Supreme People's Court on the Issuance of Certificates after the First-Instance Divorce Judgment Takes Effect

According to Article 141 of the Civil Procedure Law of the People's Republic of China, after the expiration of the appeal period, the original people's court shall issue a certificate of effectiveness of the judgment to the parties and affix the seal of the court to the parties in a first-instance divorce case in which the parties have not appealed, so as to confirm that the judgment has taken legal effect. There are three types of divorce in the legal sense: divorce by litigation, divorce by agreement, death of one party or being declared dead Article 258:Whoever has a spouse and marries another person, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

If cohabitation with another person during your marriage will constitute the crime of bigamy, and you cannot apply for a marriage certificate without dissolving the previous marriage. If you apply for a marriage certificate due to the mistake of the clerk, you may be suspected of bigamy.

Hello, the Supreme People's Court stipulates that a divorce judgment needs to issue a certificate of validity, which is set up to facilitate the review by the marriage registration department when the parties go through the marriage registration again. Therefore, if you want to remarry, you will need to issue a valid certificate.

Relevant legal provisions: The Notice of the Supreme People's Court on the Issuance of a Certificate of Approval after the First-Instance Divorce Judgment Takes Effect stipulates that, according to Article 141 of the Civil Procedure Law of the People's Republic of China, after the divorce judgment of the first-instance divorce case in which the parties have not appealed takes legal effect upon the expiration of the appeal period, the original people's court shall issue a certificate of effectiveness of the judgment to the parties and affix the seal of the court, so as to confirm that the judgment has taken legal effect.

You may first apply to the court of judgment for the issuance of a certificate of validity.

Yes, otherwise it constitutes bigamy.

Yes, otherwise who knows if the verdict will take effect.

At present, there will be a divorce certificate after a divorce in China, but before receiving the divorce certificate, there must be relevant agreements and certificates to take effect, which needs to be prepared after the divorce of every couple, so if you want to get a divorce certificate, you must prepare the corresponding information.

1. Divorce certificate.

Then the divorce judgment is also a certificate, which is generally made by the people's court for the parties to the divorce case to prove that the facts of the divorce of the parties to the divorce case are true, and the written proof is different from the court's judgment and mediation document, and only the names of the parties on this kind of certificate, ID number, case number and case effective date are removed from the judgment documents and other contents, which effectively protect the privacy of the parties, of course, there are only two ways to divorce, one is to go to the Civil Affairs Bureau to directly register your divorce certificate, Another way is to go to the court to fight a lawsuit, and you need to obtain the judgment and certificate issued by the court, and with these two copies, you can go to the Civil Affairs Bureau to obtain a divorce certificate.

2. Divorce certificate.

Then the divorce certificate is a legal document for both men and women and the dissolution of marriage relations, which is generally issued by the marriage registration authority and the people's court, basically to submit a written application for divorce and present the certificate, and then the two parties reach a written agreement on the disposal of family property, child support, parental support, creditor's rights and debts and other issues to fill in, apply for divorce registration declaration, divorce agreement to fill in the divorce registration application and divorce registration application processing form. Finally, you can go to the relevant agency to get a divorce certificate, and the divorce certificate can prove that the husband and wife <> after the divorce

3. What are the requirements for obtaining a divorce certificate?

If the divorce certificate is decided by the court, it is necessary to have a divorce judgment and a certificate of effective divorce, not that there is only a divorce. After all, the divorce judgment can only prove that there is a judgment of the court, but it does not prove that the effective time has an effective time, so it can determine which day your divorce takes effect, so if it is a litigation divorce, the divorce certificate must be obtained with the divorce judgment and the divorce judgment effective certificate, and these two documents can be obtained.

Because the divorce judgment has an appeal period, which is generally 15 days, if the other party appeals during this period, then the divorce judgment is invalid and needs to be further processed.

Hello! Because there is an appeal period for divorce decrees, which is generally 15 days. If the other party appeals within the appeal period, the judgment will not take effect.

Therefore, the date of the judgment is not the effective date, and a certificate of entry into force is required. As a party to a divorce case, if you do not receive the certificate of the effective judgment, you cannot apply to the court to enforce the payment obligations in the judgment, and if you do not receive the effective judgment certificate, the Civil Affairs Bureau will not go through the marriage formalities when you go through the marriage formalities. 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.

Questions. It has been ten years since the divorce decree and the certificate of effectiveness can I get it.

Yes, you can ask the presiding judge to issue a certificate of entry into force of the judgment.

This can reduce a lot of ambiguity, but also reduce a lot of contradictions, and through this proof can prove that the two people no longer have any problems, and the marriage has ended.

Because there is still a certain period of appeal after the judgment is handed down, if the other party appeals, the judgment may not take effect.

What happens if I don't get the certificate of validity of the judgment after the divorce is decided? If they appear in court to participate in the proceedings, they should go to the court to sign and receive the judgment when the judgment is announced. If the lawsuit is not filed in court, but is served by public notice, the judgment can be obtained from the court.

If the judgment is made in the first instance, if the marriage or remarriage is registered, a certificate of the validity of the judgment needs to be issued. It is not necessary to issue an effective certificate in the second instance trial Article 148 of the Civil Procedure Law of the People's Republic of China: People's courts are to publicly announce judgments in all cases that are tried in public or not in public. Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced.

Article 84: The service of litigation documents must have proof of service, and the person to be served is to indicate the date of receipt and sign or affix a seal on the receipt of service. The date of receipt on the receipt of the receipt is the date of delivery. Article 88: Where there is difficulty in directly serving litigation documents, other people's courts may be entrusted to serve them on their behalf, or service may be mailed.

If it is delivered by mail, the date of receipt indicated on the receipt shall be the date of delivery. Article 92: Where the whereabouts of the recipient are unknown, or it cannot be served by other means provided for in this section, service is to be announced by public notice. Sixty days from the date of issuance of the announcement shall be deemed to have been served.

Where the public notice is served, the reasons and process shall be noted in the case file. Is this an easy explanation?