Do I need to bring a divorce certificate for my second marriage?

Need. If the two parties want to remarry after the divorce, they need a divorce certificate, and if the two parties do not remarry after the divorce, but the divorced party marries someone else, they also need to bring a divorce certificate to prove that they 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.

If there is no proof that the second marriage has no spouse and can obtain a marriage certificate, according to the "Marriage Registration Regulations", the second marriage shall be registered with the person's household registration and ID card; A signed statement that I have no spouse and no direct blood relatives or collateral blood relatives within three generations with the other party.

[Legal basis].Article 4 of the Marriage Registration Regulations.

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 a permanent residence. 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, paragraph 1.

Mainland residents who apply for 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.

Legal Analysis: A divorce certificate is required. Because you need to go to the Civil Affairs Bureau to apply for a marriage certificate, the general Civil Affairs Bureau wants the divorce certificate of both parties and the household registration book of the police station, of course, the Civil Affairs Bureau has the files, who will check it for you in the society now, even if you find it, you have to print it out as an archive for you to meet the marriage, so you can prepare the household registration book and divorce certificate yourself.

Legal basis: Article 1049 of the Civil Code of the People's Republic of China A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Fan Xiaochi, who meets the requirements of this law, shall be registered and issued a marriage certificate.

The marriage relationship is established after the marriage is registered. Where marriage registration is not completed, the registration shall be re-registered.

In addition to the materials brought in the marriage registration, it is necessary to bring the divorce certificate or divorce certificate and other materials to prove the end of the previous marriage and prevent bigamy.

Article 1049 of the Civil Code: 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. Completing the marriage registration is a clear decision, that is, establishing the marriage relationship.

Those who have not completed the marriage registration with the previous marriage shall make up the registration.

If the two parties want to remarry after the divorce, they need a divorce certificate, and the marriage registration authority will take back the divorce certificate of both parties and issue a marriage certificate. According to Article 43 of the Marriage Registration Work Specifications, where an application for remarriage registration is made, the parties concerned shall fill in the Declaration of Application for Marriage Registration, and the marriage registration authority shall handle it in accordance with the marriage registration procedures. If the divorced parties do not remarry, but the divorced party marries someone else, they also need to bring a divorce certificate to prove their marital status.

According to article 28, the conditions for the admission of an application for marriage registration are: (i) the marriage registry has jurisdiction; (2) The man and woman who wish to marry jointly submit an application to the marriage registry office; (3) The parties are at least 22 years old for men and 20 years old for women; (4) Neither of the parties has a spouse (unmarried, divorced, widowed); 5) The parties have no direct blood relatives or collateral blood relatives within three generations; (6) The parties are willing to marry in a written manner; Liquid banquet (7) The parties submit 3 2-inch recent half-length bareheaded photos of both parties**; (8) The parties hold valid certificates provided for in Articles 29 through 35 of these Regulations.

Article 1078 of the Civil Code of the People's Republic of China provides that if the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt handling, they shall register and issue a divorce certificate.

Whether to bring a divorce certificate for a second marriage generally depends on the circumstances:

1. Normally, if both the man and the woman were originally husband and wife, and now want to remarry after passing the divorce registration registration with the Civil Affairs Bureau, when they go to the marriage registration authority to perform the marriage registration, the marriage registration authority will take back the divorce certificates of both parties and issue the marriage certificate;

2. Dissolve the marriage relationship through divorce registration through the Civil Affairs Bureau, and the Civil Affairs Bureau will issue a "Divorce Certificate" to both parties; If the divorce is filed through the court, 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.

The procedures required for the registration of a second marriage are as follows:

1. To apply, take the original ID cards of both men and women, the original temporary ID cards, the original household registration book, the collective household registration page, and three 2-inch recent bareheaded group photos. If you have been divorced, please bring the divorce certificate or judgment;

2. Acceptance, go to the marriage registration office hall of the civil affairs department where one party's household registration is located, and both parties will submit the above formalities in person;

3. Review and check the household registration book and ID card to see whether the ID card is expired and whether it is the same as the party;

4. Registration, ask both parties whether they are voluntary, pay the registration fee of 9 yuan, write a statement by both parties, sign and print their fingerprints, register the person number, and register and print the marriage certificate;

5. After the certificate is issued, after the registration formalities are handled, the relevant registration procedures are archived, and the marriage certificate of both parties is issued on the spot, and the husband and wife relationship is officially announced, and the law confirms the marriage relationship of both parties and brings the divorce certificate.

[Legal basis].Article 11 of the Regulations on the Administration of Marriage Registration.

Mainland residents who have registered for divorce shall present the following documents and supporting materials:

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

2) The person's marriage certificate.

3) A divorce agreement signed by both parties.

In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passes and identity cards, and overseas Chinese and foreigners shall also present their own valid passports or other valid international travel documents.

The divorce agreement shall clearly state the parties' expression of intent to divorce and their consensus on matters such as child custody and property and debt handling.