How Long After Divorce Can I Get Married, How Long After Divorce Can I Remarry

On the sixteenth day after the divorce, you can register your remarriage.

If the divorce is handled by mutual agreement at the civil affairs department, the relationship between the husband and wife will be formally dissolved when the divorce certificate is obtained, and the remarriage registration can be handled on the spot;

If it is a litigation divorce, it is divorced at the first trial of the basic court, and the remarriage can only be remarried 15 days after the judgment is obtained, otherwise it constitutes bigamy, and if it is appealed to the intermediate court for divorce, the remarriage formalities can be handled when the divorce judgment is obtained.

There is no time limit for this, as long as the divorce formalities are completed or the divorce decree is obtained, you can be ready to remarry at any time. There is no legal time limit for the time of remarriage, as long as both parties have dissolved the relationship between husband and wife through the court's litigation divorce or the agreed divorce handled by the civil affairs, they can go to the civil affairs marriage registration department at any time to go through the remarriage registration formalities. To put it simply, if you get the divorce certificate, you can remarry the next day; In the case of a judgment, you can remarry the day after the judgment takes effect.

1. Can I re-apply for a divorce agreement?

When a husband and wife divorce by mutual agreement, they need to submit a divorce agreement at the time of divorce registration. The divorce agreement indicates that the husband and wife agree to the divorce and make an agreement on the maintenance of children and the division of property, which has legal effect. However, some couples may lose the divorce agreement after divorce.

You only need to take your divorce certificate and your valid ID card or household registration book to the marriage registration center to apply for access to the divorce file, and the staff will transfer your file out, and according to your own application, make a copy of the divorce agreement that was handed over to the Civil Affairs Bureau when you went through the divorce registration and affix the official seal. In addition, if you only lose a divorce agreement, it will not affect your remarriage registration, as long as you follow the normal procedures. However, if you have lost your divorce certificate, you need to apply to the Civil Affairs Bureau for a replacement divorce certificate and then go through the remarriage procedures.

It should also be added that if you have lost the divorce decree or mediation letter from the court, you only need to go to the court to make a copy of the original and affix the official seal before you can register your remarriage.

Second, how to go through the remarriage process.

Application. If both men and women need to go through marriage registration, they shall apply to the marriage registration authority of the district or county civil affairs bureau (town people**) with the required documents; Fill out the application form. Both parties should submit an application to the marriage registration authority in person and fill in the application form for remarriage registration.

Review and register. The marriage registration authorities shall examine the certificates and declarations submitted by both parties, and if the requirements for remarriage registration are met, the registration shall be approved. After the remarriage registration procedure is put into trial, the original divorce certificate or court judgment (or mediation) shall be revoked, and the remarriage registration certificate shall be issued, which shall have the legal effect of pointing out.

Marriage registration certificate. After completing the remarriage registration formalities, the original divorce certificate or court judgment (mediation) shall be revoked, and the remarriage registration certificate shall be issued, which shall have legal effect.

Article 136 of the Civil Procedure Law: People's courts hearing civil cases shall notify the parties and other litigation participants three days in advance. Where the trial is open, the names of the parties, the cause of action, and the time and place shall be announced.

Article 161:People's courts applying the simplified procedures to hear cases shall conclude trial within 3 months of filing the case. Article 149:

People's courts applying the ordinary procedures shall conclude trial within 6 months of the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

After the divorce of the husband and wife, if there is an appointment, the marriage can be registered on the day after receiving the marriage certificate or the divorce judgment and mediation document. In other words, couples can remarry at any time after divorce. Only both parties need to take their ID cards, household registration books and divorce certificates to the marriage registration office to go through the remarriage procedures.

According to the provisions of China's Marriage Law, China implements a system of freedom of marriage, which not only includes the freedom of divorce, but also the freedom to marry. Thus, the law allows citizens of a man and a woman who have broken down their relationship to dissolve their marriage, as well as citizens who are in a position to enter into marriage. At the same time, according to the provisions of the Civil Code, if the original husband and wife voluntarily resume their marriage relationship after divorce, they can go to the local marriage registration authority to re-register their marriage.

The law clearly states that remarriage is also free. Therefore, couples can remarry at any time after divorce without any period of time.

Civil Code of the People's Republic of China

Article 1076: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 1077:Within 30 days of 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 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 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.

There is no restriction on the fact that the husband and wife can remarry at any time after the divorce procedures, as long as the husband and wife are divorced, they can remarry again at any time

There is no time limit for remarriage after divorce. As long as the husband and wife have gone through the divorce formalities between them. At any time, it is possible to remarry.

Legal analysis: There is no time limit, as long as both parties are consensual and the information is complete, they can get married.

Legal basis: Marriage Registration Regulations

Article 4 When a mainland resident marries, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to complete the marriage registration. Where a Chinese citizen marries a foreigner in Chinese mainland, or a mainland resident marries a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the marriage registration.

Article 5 Mainland residents who go through marriage registration shall present the following certificates 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.

Hong Kong residents, Macao residents, and Taiwan residents who have gone through marriage registration shall present the following certificates and supporting materials:

1) Valid pass and ID card;

2) A statement notarized by a notary public at the place of residence that the person has no spouse and that he or she has no direct blood relatives or collateral blood relatives within three generations with the other party.

Overseas Chinese who go through marriage registration shall present the following documents and supporting materials:

1) Valid passport of the applicant;

2) A certificate issued by a notary public or competent authority of the country of residence and certified by the embassy (consulate) of the People's Republic of China in that country that the person has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party, or a certificate issued by the embassy (consulate) of the People's Republic of China in that country that he has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party.

Foreigners who go through marriage registration shall present the following documents and supporting materials:

1) A valid passport or other valid international travel document of the applicant;

2) A certificate issued by a notary public or competent authority of the country where the person is located, authenticated by the embassy (consulate) of the People's Republic of China in that country or authenticated by the embassy (consulate) of that country in China, or a certificate issued by the embassy (consulate) of the country where the country is located that he has no spouse.

Legal Analysis]: Both men and women voluntarily resume the relationship between husband and wife, and can remarry at any time after divorce. There is no time limit for remarriage.

As long as the conditions prescribed by law are met, both parties can go through the remarriage formalities in person with the required materials and documents with the required materials and documents. The parties applying for remarriage registration have been married since the marriage certificate was obtained. According to Article 1046 of the Civil Code, marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other party, nor shall any organization or individual interfere with it.

Article 1049 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. The marriage relationship is established after the marriage is registered.

Where marriage registration has not been completed, the registration shall be re-registered.

Legal basis: Article 1046 of the Civil Code of the People's Republic of China Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to force the other party, and it is forbidden for any organization or individual to interfere. 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 marriage registration has not been completed, the registration shall be re-registered.

The Civil Code stipulates that marriage and family are protected by the State. Freedom of marriage, monogamy, and equality between men and women are practiced. Freedom to marry, freedom to divorce, and remarriage refers to the act of forming a new family with another person through the formal legal channels of the state on the premise of divorce from the original spouse or the death of the former spouse.

It is legal and compliant to remarry after divorce.

1. For divorce by agreement, obtaining a divorce certificate is the formal dissolution of the relationship between husband and wife, and the next moment you get the divorce certificate, you can go through the registration of remarriage, and there is no time limit for remarriage after divorce.

2. If it is a litigation divorce, you need to get a marriage certificate after the divorce judgment takes effect. If the parties divorce in the first instance of the basic court, and both parties do not appeal 15 days after the receipt of the judgment, they can remarry after the judgment takes effect; If, within 15 days, one of the spouses appeals, then a second instance is required, and after receiving the decree granting the divorce in the second instance, the parties can remarry.

You can remarry at any time after a divorce. The details are as follows:

1. There is no time limit for remarriage after divorce, and it can be done at any time, as long as the relationship has not broken down;

2. Remarriage is a legal act, if the man and woman voluntarily request to restore the relationship between husband and wife after the divorce, it means that the relationship between the two parties has not completely broken down, or the cause of the divorce has been eliminated. In this case, the law allows the parties to re-establish the marriage.

The procedure required for remarriage is as follows:

1. Apply for remarriage registration at the marriage registration authority where one party's household registration is located; In the case of remarriage registration, both a divorced man and a woman shall apply voluntarily and go through the administrative procedures for the restoration of the relationship between husband and wife at the marriage registration authority in accordance with the marriage registration measures;

2. After divorce, if both men and women voluntarily resume the relationship between husband and wife, they must go to the marriage registration office to register their remarriage;

3. In addition to holding the same documents as the marriage registration, both men and women who apply for remarriage registration must also hold the "Divorce Certificate" or the "Certificate of Dissolution of Husband and Wife". Parties to the registration of remarriage are exempt from pre-marital health examinations. The registration of remarriage shall be handled in accordance with the procedures of marriage registration, and the words remarriage shall be indicated on the "Application for Marriage", and the "Divorce Certificate" or "Certificate of Dissolution of Husband and Wife" of both parties shall be withdrawn at the same time;

4. There is no time limit for remarriage, and the process is the same as for the first marriage, and the documents required are the same as those for remarriage.

Legal basisArticle 1083 of the Civil Code of the People's Republic of China.

After divorce, if both the man and the woman voluntarily resume their marriage relationship, they shall go to the marriage registration office to re-register the marriage.

After divorce, as long as both parties are willing and there is no legal reason why they cannot apply for marriage registration, they can apply for marriage registration at the marriage registration office.

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 party, nor shall any organization or individual interfere with it.

Article 1047:The age of marriage must not be earlier than 22 years old 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 marriage registration has not been completed, the registration shall be re-registered.