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Hello! Article 9 of the Regulations on the Administration of Marriage Registration stipulates that if the parties get married, both parties must apply for marriage registration in person at the marriage registration authority where one of the parties has a household registration, and the following documents and proofs shall be presented when applying: (1) household registration certificate; (2) Resident identity card; (3) Proof of marital status issued by the unit or village (resident) committee, and a divorce certificate must be held in case of divorce; Note:
In places where the premarital health examination system is implemented, the parties applying for marriage registration must go to a designated health care institution for a premarital health examination and submit a certificate of premarital health examination to the marriage registration authority. In terms of implementation, many places only need a household registration certificate and a resident ID card to register a marriage, in view of this, in order to save trouble and worry, it is recommended to consult the man's marriage registration authority.
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Men must be at least 22 years old and women must be at least 20 years old. 3. Neither party has a spouse (unmarried, divorced, widowed). 4. There is no direct blood relationship between the two parties and collateral blood relatives within three generations (independent prompting).
2. Documents to be submitted for marriage registration 1. Household registration booklet and resident ID card. 2. I have no spouse. 3. The parties submit 3 2-inch recent half-length bareheaded color photos** (can be taken on the spot).
III. Procedures for Marriage Registration 1. Both men and women who require marriage registration shall jointly apply to the marriage registration authority of the district or county-level civil affairs bureau (or town people**) where one party has permanent residence with the required documents. 2. Both parties shall apply in person to the marriage registration authority, and each shall fill in a "Declaration of Application for Marriage Registration". 3. Both parties must sign or fingerprint in person in the "Declaration of Application for Marriage Registration" in front of the marriage registrar.
4. The marriage registration authority shall examine the documents and declarations submitted by both parties, and if the conditions for marriage registration are met, the registration shall be approved. 4. Time limit and fee standard for marriage registration 1. Time limit for registration: If the documents and materials are complete, they shall be registered on the spot and a marriage certificate shall be issued.
Opinions of the Ministry of Civil Affairs on Several Issues Concerning the Implementation of the "Marriage Registration Regulations" If the parties concerned are unable to produce a household registration booklet, the marriage registration authority may handle the marriage registration with a household registration certificate with a seal issued by the public security department or the relevant household registration management agency; If the parties belong to a collective household registration, the marriage registration authority may handle the marriage registration with the household registration card of the person in the collective household registration book or a copy of the household registration book with the seal of the unit recording the household registration situation. If you are remarried, you must go through the above procedures, and you must also bring a divorce certificate or court judgment. Remarriages are not subject to a marriage examination, but must bring a valid legal document.
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You don't need to bring it. Because remarriage is like when you first got married. You should bring your household registration booklet.
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You don't have to get a divorce certificate to get a divorce. If it is a litigation divorce, do not apply for a divorce certificate. The court granted a divorce.
After the judgment takes effect, it is equivalent to a divorce certificate. If both parties agree to divorce, both parties should go to the marriage registration office where one of the parties has permanent residence to register the divorce. After a cooling-off period of 30 days, both parties should apply in person to the marriage registration authority for the issuance of a divorce certificate.
Article 1077 of the Civil Code of the People's Republic of China provides that within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.
Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
Article 1076 of the Civil Code of the People's Republic of China provides that 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.
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Divorce must be accompanied by a divorce certificate, and a divorce certificate is required for a divorce after divorce. One party remarries or double-leases and the other party must bring a divorce certificate to go through the marriage registration procedures. You can go to the marriage registration office hall of the civil affairs department where the man's and women's household registration is located, and both men and women must be present to submit materials.
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Where both men and women voluntarily divorce Huiwei, they are allowed to train before the divorce. Both parties must apply for divorce at the marriage registration office. When the marriage registration authority ascertains that the parties are indeed willing and that the children and property issues have been properly dealt with, the marriage registration authority issues a divorce certificate.
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In this way, it is not necessary to take it again, because there are two ways of divorce, one is litigation divorce, and the other is divorce by mutual agreement, which means that the parties to the marriage cannot agree on some divorce matters.
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The first thing to be sure is that a divorce certificate is required for divorce and remarriage, if it is not the remarriage of both parties after the divorce, but the divorced party marries someone else, you also need to bring a divorce certificate to prove that you are single. There are two situations in which a person remarries after divorce:
1. Normally, if a man and a woman are originally husband and wife, and now want to remarry (remarry) after passing the divorce registration with the Civil Affairs Bureau, when they go to the marriage registration authority to perform the marriage (remarriage) registration, the marriage registration authority will withdraw the divorce certificate of both parties and issue the marriage transport certificate.
2. If the marriage relationship is dissolved through divorce registration through the Civil Affairs Bureau, the Civil Affairs Bureau will issue a divorce certificate to both parties; If the result is filed for divorce (litigation divorce) through the court, the parties do not have a divorce certificate, and only the relevant divorce judgment or divorce mediation letter from the court is used as the divorce certificate.
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A divorce certificate is required to remarry. If the two parties want to remarry after the divorce, they need a divorce certificate, if they do not remarry after the divorce, but the divorced party and others remarry, you also need to bring a divorce certificate to prove that you are single. There are two situations in which a person remarries after divorce:
1. Generally, if both the man and the woman were originally husband and wife, and now want to re-marry (remarry) after passing the divorce registration of the Civil Affairs Bureau, when they go to the marriage registration authority to perform the marriage (remarriage) registration, the marriage registration authority will withdraw the divorce certificate of both parties and issue the marriage certificate. 2. If the marriage relationship is dissolved through divorce registration through the Civil Affairs Bureau, the Civil Affairs Bureau will issue a divorce certificate to both parties; If the divorce is filed through the court (litigation divorce), the parties do not have a "divorce certificate", and only the relevant divorce judgment or divorce mediation document of the court is used as the divorce certificate.
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When the parties go through the marriage registration process, they must show proof that they do not have a spouse.
Article 5 of the Regulations of the People's Republic of China on Marriage Registration.
Mainland residents who go through marriage registration shall present the following documents and supporting materials: (1) their household registration booklet and identity card; (2) A signed statement that the person has no spouse and has no direct blood relatives or relatives within three generations with the other party.
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If the two parties after the divorce want to remarry, they need a divorce certificate, if it is not the divorce after the two parties to remarry, but the divorced party marries someone else, you also need to bring a divorce certificate to prove that you are single.
There are two situations in which a person remarries after divorce:
1. Normally, if a man and a woman were originally husband and wife, and now want to remarry (remarry) after passing the divorce registration with the Civil Affairs Bureau, when they go to the marriage registration authority to perform the marriage (remarriage) registration, the marriage registration authority will withdraw the divorce certificate of both parties and issue the marriage certificate.
2. If the marriage relationship is dissolved through divorce registration through the Civil Affairs Bureau, the Civil Affairs Bureau will issue a divorce certificate to both parties; If the divorce is filed through the court (litigation divorce), the parties do not have a "divorce certificate", and only the relevant divorce judgment or divorce mediation document of the court is used as the divorce certificate.
So what is the procedure required for remarriage?
1. Both men and women jointly apply for remarriage registration at the marriage registration authority where one of the parties has permanent residence;
2. The marriage registration authority shall examine the documents and supporting materials issued by the parties to the marriage registration.
If it is confirmed that it is correct and meets the registration requirements, a marriage certificate will be issued on the spot.
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A divorce certificate is required for remarriage. Remarriage refers to the act of a married party forming a new family through the formal legal channels of the state through marriage procedures with another person on the premise of divorce from the original spouse or the death of the former spouse. As with the marriage procedure, both men and women need to prepare relevant materials and go to the marriage registration office for marriage registration, and if they remarry, they need to bring a divorce certificate or judgment, and the marriage registration staff will issue a marriage certificate after review.
[Legal basis].Article 1049 of the Civil Code stipulates that a man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered, and a marriage certificate shall be issued for any deficiency. The marriage relationship is established after the marriage is registered.
Where marriage registration has not been completed, the registration shall be re-registered.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you sort out the relevant information and communicate with a professional in detail.
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Without a marriage certificate, there is no need to apply for a divorce certificate.