What formalities are required for divorce no marriage certificate .

Without a marriage certificate, there is no marriage relationship, and at the same time, it is not protected by the law, and it is free to come and go, and who will raise the child, and the two people will negotiate to decide.

There are no formalities, and you are not married without a marriage certificate.

The above ** content is the response of the male lawyer of the family law firm Marseille on "How to divorce without a marriage certificate when you divorce?" If there is no marriage certificate during divorce, the first thing to distinguish is whether you have not received a marriage certificate or a marriage certificate, because external factors cannot find a marriage certificate, and these two situations should be treated differently.

Just go back to your own house and find your own mother.

Do you still need a divorce without a marriage certificate? Just go straight away.

Legal analysis: If you do not have a marriage certificate, you cannot divorce according to the legal procedures, and you can only file a lawsuit to dissolve the illegal cohabitation relationship. According to the relevant laws and regulations, those who have not registered their marriage in accordance with the provisions of the Civil Code and file a lawsuit for divorce in the name of the husband and wife shall be treated differently

After the promulgation and implementation of the Ministry of Civil Affairs' Regulations on the Administration of Marriage Greetings on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to re-register the marriage. Where the marriage registration is not completed, it is to be handled in accordance with regulations.

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 it is forbidden for either party to coerce the other party into the meditation and tent, and it is forbidden for any organization or individual to 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 marriage registration has not been completed, the registration shall be re-registered.

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.

If a man and a woman who have not obtained a marriage certificate and live together in the name of husband and wife want to divorce, they shall be treated differently in two situations: 1. If the marriage was concluded before the implementation of the "Regulations on the Administration of Marriage Registration" on 1 February 1994, and both the man and the woman have met the substantive requirements for marriage, the de facto marriage is legal and protected by law, and should be carried out in accordance with the normal "divorce procedure." 2. If the marriage is concluded after the implementation of the "Regulations on the Administration of Marriage Registration" on February 1, 1994, and the marriage certificate is not obtained, the marriage relationship between the two parties is not protected by law, but belongs to the cohabitation relationship.

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 parties' marriage registration files and confirm that they are true, they shall reissue the marriage certificate or divorce certificate to the parties.

The procedures for divorce without a marriage certificate are as follows:

1. If the marriage certificate is lost, it can be applied for a replacement at the original marriage registration authority or the marriage registration authority at the place where one of the parties has a permanent residence; or go to the marriage registration authority to issue a certificate of marital status, and then go through the divorce registration or file a divorce lawsuit; However, if the substantive requirements for marriage are met, it shall be handled as a de facto marriage, and the divorce between the two parties shall be filed in the court of the defendant's domicile to handle the divorce by litigation;

2. If there is no marriage certificate, the two parties are in a cohabitation relationship and there is no problem of divorce;

3. However, if the parties did not obtain a marriage certificate before the implementation of the relevant laws of the Ministry of Civil Affairs on February 1, 1994; However, if the substantive requirements for marriage are met, it shall be handled as a de facto marriage, and the divorce between the two parties shall be filed in the court of the defendant's domicile to handle the divorce by litigation;

Documents required for divorce:

1. If you register a divorce, you need to bring your household registration booklet, ID card, and marriage certificate;

2. To go through the divorce procedures, you need to bring the divorce agreement signed by both parties, if there are fixed assets, you need to bring the relevant certificates of fixed assets, bring the household registration book, ID card, and the original marriage certificate of both parties, and you also need to bring a recent two-inch barehead**.

To sum up, if you do not have a marriage certificate, you can go to the marriage registration office to reapply for a marriage certificate. When the marriage is registered, the marriage registration authority has already established a marriage file, and the parties can bring their ID cards to reapply for a marriage file, and then go to the divorce. But if you don't have a marriage certificate because you haven't registered your marriage, you can't get a divorce because you're not married.

Legal basis]:

Article 17 of the Regulations on the Administration of Marriage Registration.

If the marriage certificate or divorce certificate 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 for a replacement with their household registration booklet or ID card. If the marriage registration authorities verify the parties' marriage registration files and confirm that they are true, they shall reissue the marriage certificate or divorce certificate for the parties.

Article 14. Where a divorced man and woman voluntarily resume their relationship as husband and wife, they shall go to the marriage registration office to register their remarriage. The provisions of these Regulations on marriage registration shall apply to the registration of remarriages.

Marriage registration file and marriage registration certificate.

According to the laws of our country, if the marriage is held before February 1, 1994 and the marriage certificate is not obtained, it will constitute a de facto marriage, and you can directly go to the court to sue for divorce; If you live together without a marriage certificate after February 1, 1994, it is a cohabitation relationship, and you can break up directly.

Before February 1, 1994, the parties lived together until now, and it was a de facto marriage, even if they did not obtain a license, they were husband and wife. If the two can't get by, they can go to the court to sue for divorce. After 1 February 1994, if there is no certificate, they are not husband and wife.

If the two cannot get along, the court will treat it as a dissolution of the cohabitation relationship.

If you don't have a marriage certificate, you are not legally married....You can leave at any time....There are no formalities....How easy it is to give the child to him, and how easy it is to be himself...

As long as you don't get a license, it's not legal, so you don't need to go through any formalities, I hope to help you,

The absence of a marriage certificate can only mean that they are in a cohabitation relationship.

There is no marriage at all.

Just separate from each other.

You don't need to go through any formalities.

There are 2 ways to get divorced: first.

1. Divorce by mutual agreement: After both parties reach an agreement on divorce, child support, property and debt settlement, etc., they should register the divorce with the civil affairs bureau where the husband or wife is registered. Bring their respective ID cards, marriage certificates, household registration books,**, and divorce agreements. Clause.

2. Sue for divorce: To sue for divorce in the court where the other party is located, you need to submit your ID card, marriage certificate, complaint, child's birth certificate, and property related information. Therefore, without a marriage certificate, the Civil Affairs Bureau will not accept it, and you can only sue for divorce, but you need to go to the Civil Affairs Bureau for marriage registration to obtain your marriage registration form.

If there is no marriage registration, there is no need to go through the divorce route to separate directly, and if there is a dispute over the property or children during the life period, you can file a separate lawsuit on the issue of the children or property.

If there is no marriage certificate, there is no marriage in the legal sense, that is, a "marriage" that is not protected by the law, and it is invalid, and the divorce procedure must have a marriage in the legal sense, that is, a marriage certificate is required, there is no marriage certificate, it is only a cohabitation relationship, not a legal husband and wife relationship, and the parties have no obligations and responsibilities for marriage. Naturally, divorce doesn't matter. If it is suitable, it will gather, and if it is not compatible, it will be scattered.

What materials do you need to prepare for divorce procedures?