Can a divorced person get a marriage certificate without bringing a divorce certificate?

It is possible to get married without a divorce certificate. There is no requirement that the parties must carry the divorce certificate when they register their remarriage after the divorce.

According to the laws of the People's Republic of China, mainland residents who go through marriage registration shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card;

2) A signed statement that he or she has no spouse and no direct blood relatives or collateral blood relatives within three generations with the other party.

When registering a marriage, the parties must show proof that they have no spouse.

You can get a marriage certificate without a divorce certificate. However, if there is an effective judgment of the court, the remarriage registration formalities may be completed at the marriage registration authority with the judgment and the certificate of the effective nature of the divorce judgment issued by the court; If there is no judgment, they can only go to the Civil Affairs Bureau with their ex-wife or ex-husband to go through the divorce registration formalities with the divorce agreement, and then go through the remarriage registration. If the divorce certificate is lost, the applicant may apply for a replacement at the original divorce registration authority or the marriage registration authority at the place where one party has permanent residence with the household registration booklet, ID card and other supporting materials.

Legal basis. Article 1076 of the Civil Code of the People's Republic of China 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. With the development of society, the blending of multiple cultures, people's thinking changes are changing with each passing day, each generation has different ideas, in the context of the times, each era has its own trend direction, in this open era, divorce or remarriage is no longer an unspeakable thing. When people end their last relationship without getting a divorce certificate, can they get a marriage certificate to start the next marriage?

Let's find out.

According to the provisions of China's Marriage Law, there are two ways of divorce, one is divorce by mutual agreement and the other is divorce by litigation.

1. The Civil Affairs Bureau will issue a "Divorce Certificate" for divorce by mutual agreement.

2. If the divorce is divorced or mediated by the court, the divorce judgment or mediation document shall be served by the court, and the court shall only give the judgment and no longer issue the Divorce Certificate. The divorce judgment or mediation document of the court is a powerful evidence to prove that the marriage relationship has been dissolved, and the legal documents of the Civil Affairs Bureau or the people's court only serve as a proof to prove the existence or dissolution of the relationship between husband and wife. With the judgment, you can go through the procedures for remarriage.

If you have a marriage certificate in your previous marriage, you cannot get married without a divorce certificate after the divorce, and it is bigamy. Article 258 of the Criminal Law stipulates: Whoever has a spouse and bigamy, 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 you are in a period of marriage, according to the provisions of the Marriage Law of our country, you cannot go to the Civil Affairs Bureau to register your marriage again. If you want to start a new marriage, you must end your existing marriage relationship, divorce includes divorce by agreement and divorce by litigation, divorce by agreement is a relatively simple and easy way to deal with, after negotiation between the two parties, with the divorce agreement, marriage certificate, ID card to the original marriage registration of the civil affairs department to obtain the divorce certificate, it is recommended to give priority. If you want to go through the process of litigation divorce, there are many issues such as property division and custody that need to be understood in detail before you can make specific measures, and it is recommended that you legally protect your rights and interests.

In fact, in the face of this kind of problem, we need to analyze it in two situations, and not every situation requires a divorce certificate.

1. Marriage for the first time.

Relatively speaking, in this case, we do not need to bring a divorce certificate, because there is no fact of divorce in advance, so there is no need to bring a divorce certificate at all. All it takes is two like-minded people who are willing to marry each other. Of course, we also need to go directly to the Civil Affairs Bureau to get married according to the laws of some countries, such as reaching a marriageable age, and there is no blood relationship between two people, etc.

2. Remarriage. In fact, in most cases, you need to bring a divorce certificate to get married, but in fact, you still need to look at the situation in various places, when choosing a second marriage, you can go to the relevant authorities and units to learn about it, or call ** to inquire.

Article 5 of the Marriage Registration Regulations stipulates that the person has no spouse and has no direct blood relatives or collateral blood relatives within three generations. The divorce certificate is a certificate of non-spouse, so the divorce certificate must be presented for the second marriage.

Legal Analysis: Yes.

If both marriage certificates of the parties are lost, the marriage registration authority may handle the divorce registration on the basis of the marriage registration file or the proof of marriage registration records provided by the parties. The parties concerned shall make a written explanation of the loss of the marriage certificate, which shall be filed by the marriage registration authority.

Legal basis: "Opinions of the Ministry of Civil Affairs on Several Issues Concerning the Implementation of Implementation" Article 5: Where a party applying for divorce registration loses one marriage certificate, the marriage registration authority may handle the divorce registration on the basis of another marriage certificate; If both marriage certificates of the parties are lost, the marriage registration authority may handle the divorce registration on the basis of the marriage registration file or the proof of marriage registration records provided by the parties. The parties concerned shall make a written explanation of the loss of the marriage certificate, which shall be filed by the marriage registration authority.

Where the name, date of birth, and ID number on the marriage certificate provided by the party applying for divorce registration are inconsistent with the ID card or household register, the parties shall explain the reasons for the discrepancy in writing.

Whether a divorce can be divorced without a marriage certificate needs to be determined according to the method of divorce. They are:

1. When going through divorce by agreement, both parties should bring their resident ID cards, household registration booklets, marriage certificates, children's household registration certificates, divorce agreements and relevant property ownership certification materials to the marriage registration authority to go through the divorce formalities;

2. If the other party does not cooperate to reissue the marriage certificate, he can go to the original marriage registration authority with his household registration book and ID card to request a certificate of marriage relationship, and then go to the people's court to file for divorce.

What is the process of suing for divorce.

1. Write a divorce complaint;

2. Prepare the evidence required for litigation and divorce;

3. Submit the divorce complaint and evidence to the court with jurisdiction;

4. The court decides whether to accept the divorce lawsuit;

5. After the court accepts the divorce lawsuit, it shall send a copy of the complaint to the other party within the statutory time;

6. The court arranges the first time and sends a summons to both parties;

7. **: Both parties can entrust a lawyer or other professionals to file a divorce lawsuit.

Legal basis. Article 1079 of the Civil Code of the People's Republic of China.

Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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.

Legal analysis: You can apply for a marriage certificate without a marriage certificate, as long as you provide a divorce agreement or court judgment with the same legal effect. If there is a divorce and divorce marriage certificate before, but it is damaged or lost due to various reasons, you need to take the state of the household registration book and ID card to the Civil Affairs Bureau to reapply for it.

If the marriage certificate is not reissued, it can also constitute the crime of bigamy, and the marriage registration authority will not handle it.

Legal basis: Article 5 of the Regulations on the Administration of Marriage Registration A Mainland resident who has registered a marriage shall present the following documents and supporting materials: (1) his/her household registration booklet and ID card, and (2) a signed statement that he has no spouse and no direct blood relationship with the other party within three generations.

You can't get a divorce without a marriage certificate, and a marriage certificate is one of the necessary documents for divorce procedures. If both husband and wife want to register for divorce, they need to provide the following documents and supporting materials: 1. Household registration booklet and ID card of both parties; 2. Marriage certificate of both parties; 3. The divorce agreement agreed upon and signed by both parties.

Article 11 of the Marriage Registration Regulations: Residents of Neilayundandi who handle divorce and boarding disturbances shall present the following documents and supporting materials: (1) their household registration booklet and ID card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties.

You can't get a divorce without a marriage certificate, which is one of the necessary documents for divorce procedures. If both husband and wife want to go through the divorce registration, they need to provide the following documents and supporting materials: 1. The household registration book and ID card of both parties; 2. Marriage certificate of both parties; 3. The divorce agreement reached an agreement and signed by the two parties.

Article 11 of the Regulations on Marriage Registration Mainland residents who have registered for divorce shall present the following documents and supporting materials: (1) their household registration booklet and identity card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties.