The Civil Code dictates how long after divorce you can remarry

Updated on society 2024-07-27
11 answers
  1. Anonymous users2024-02-13

    If it is a divorce by mutual agreement, you can remarry the next day after the divorce certificate is obtained. If the court decrees a divorce, you can only remarry after the court's divorce judgment takes effect.

    Legal basis. Article 1046 of the Civil Code of the People's Republic of China: [Marriage Consensualness] Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to coerce the other party, and it is forbidden for any organization or individual to interfere with it.

    Article 1047: [Legal Age of Marriage] The age of marriage must not be earlier than 22 years old for men and 20 years old for women.

    Article 1048: [Circumstances Prohibited from Marriage] Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

    Article 1049: [Marriage Registration] Both men and women 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.

    Article 1080:[Time for Dissolution of Marriage Relationship]When the registration of divorce is completed, or the divorce judgment or mediation document takes effect, the marriage relationship is dissolved.

  2. Anonymous users2024-02-12

    I have the impression that the civil law stipulates that it takes one year after a divorce to remarry.

  3. Anonymous users2024-02-11

    Theoretically, based on the principle of freedom of marriage, when you receive a divorce certificate, you can obtain a marriage certificate with another person, and there is no time limit.

  4. Anonymous users2024-02-10

    In the Marriage Law, there is no provision on how long it takes to remarry after divorce, but according to one's own conditions, whether one can find the other half of one's like, or one's own subjective thoughts, the laws and regulations do not explicitly stipulate how long it takes to allow marriage.

  5. Anonymous users2024-02-09

    There is no time limit for remarrying or marrying after a divorce, and it is okay at any time, as long as the relationship has not broken down.

  6. Anonymous users2024-02-08

    As long as the two are single, they can get married, and it doesn't matter how long you are divorced, so as long as you are divorced, you can get married at any time.

  7. Anonymous users2024-02-07

    If you divorce here, you can go to the marriage registration side when you turn around, and it doesn't take long to get married, but you can divorce at any time and get married at any time.

  8. Anonymous users2024-02-06

    1. How long after divorce can you remarry.

    If the divorce is handled by mutual agreement at the civil affairs department, the relationship between the husband and wife will be officially dissolved when the divorce certificate is obtained, and the remarriage registration can be handled on the spot; If you divorce in the first instance of the basic court, you can only remarry after 15 days after getting the judgment, otherwise it constitutes bigamy, because if you are not satisfied with the judgment of the first instance, the parties can file an appeal within 15 days;

    If the divorce is appealed to the Intermediate Court, the remarriage procedure can be completed when the divorce judgment is obtained.

    2. What is the remarriage process?

    a) Application. If a Chinese citizen applies for marriage in China, both parties must apply for marriage registration in person at the marriage registration authority where one of the parties is registered.

    When applying for quiet delay, the following documents and certificates shall be presented:

    1) Proof of household registration.

    2) Resident ID card.

    3) Proof of marital status issued by the unit, villagers' committee or residents' committee.

    Those who have divorced Qiliang and married shall also hold a divorce certificate.

    Chinese citizens and foreigners who have complete documents and meet the requirements of the law may apply to the marriage registration authority with their certificates and both men and women**.

    The parties applying for marriage registration shall truthfully provide the relevant documents and proofs required to the marriage registration organs, and shall not conceal the true situation.

    ii) Review. The marriage registration management organs shall conduct a review of the parties' applications to ascertain whether the marriage application meets the requirements for marriage, and if there are any unclear questions, they shall ask the parties and, when necessary, may require the parties to provide relevant supporting materials.

    c) Registration. 1.to be registered.

    If the marriage registration authority meets the requirements for marriage, it shall immediately register and issue a marriage certificate; For those who have been divorced, their divorce certificates shall be cancelled.

    Where a party applying for marriage registration is interfered with by a work unit or another person and is unable to obtain the required certificates, the marriage registration management organs shall register them if they find that they truly meet the requirements for marriage.

    2.Not registered.

    If the applicant falls under any of the following circumstances, the marriage registration authority shall not register it:

    1) Those who have not reached the legal age of marriage.

    2) Those who already have a spouse.

    3) Involuntary.

    4) Suffering from a medical illness that is medically deemed unfit for marriage.

    5) Belong to direct blood relatives or collateral blood relatives within three generations.

  9. Anonymous users2024-02-05

    When the divorce certificate is obtained, the relationship between husband and wife is officially dissolved, and the remarriage registration can be done on the spot. If you divorce in the first instance of the basic court, you can only remarry after 15 days after getting the judgment, otherwise it constitutes bigamy, because if you are not satisfied with the judgment of the first instance, the parties can file an appeal within 15 days; If the divorce is decided by appeal to the Intermediate Court, the remarriage formalities can be handled when the divorce judgment is obtained.

    Legal basis: Article 1076 of the Civil Code 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.

    How Long After Divorce Can You Remarry.

    In the case of divorce by agreement, obtaining the divorce certificate is the formal dissolution of the husband and wife, and the next moment after obtaining the divorce certificate, you can go through the remarriage registration; If you are divorced by litigation, you need to get a marriage certificate after the divorce judgment takes effect. If you divorce in the first instance of the basic court, and 15 days after the judgment is received, both parties have not appealed, and the judgment takes effect, you can remarry, if within 15 days, one of the parties appeals to the silver servant, then you need to go to the second instance, and after receiving the judgment of the second instance granting divorce, you can remarry.

    How long does it take for a divorce to remarry or remarry.

    There is no time limit for remarriage after divorce, you can remarry at any time, as long as the relationship has not broken down.

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

    Article 14 of the "Marriage Registration Regulations" stipulates that if a divorced man and a 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.

    Legal basis.

  10. Anonymous users2024-02-04

    Legal Analysis] After obtaining a divorce certificate after divorce, you can remarry immediately. According to Chinese law, marriage and family are protected by the state. The institution of marriage is free to marry.

    A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. If the requirements are met, it shall be registered and a marriage certificate shall be issued. When the marriage is registered, the marriage relationship is established.

    Legal basis] Civil Code of the People's Republic of China Article 1041 Marriage and family are protected by the state. The system of deferred marriage with freedom of marriage, monogamy, and equality between men and women is introduced. Article 1049: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.

  11. Anonymous users2024-02-03

    There is no time limit for this, as long as the divorce formalities are completed or the effective 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 a divorce certificate, you can remarry the next day; In the case of a judgment, you can remarry the day after the judgment takes effect.

    Article 4 of the Marriage Registration Regulations stipulates that 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 to register their marriage. 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, the man and woman shall jointly go to the marriage registration office in the Mengjian area where the permanent residence of the mainland resident is located.

Related questions
4 answers2024-07-27

In the process of handling property disputes after divorce, it is divided into litigation and post-divorce property dispute resolution and agreement divorce property dispute settlement. >>>More

3 answers2024-07-27

The Civil Code stipulates the greening of the community as follows: >>>More

7 answers2024-07-27

The provisions of the Civil Code on neighborhood disputes are: Chapter VII Adjacent Relations, Articles 288 to 296. >>>More

3 answers2024-07-27

The Civil Code stipulates that the five circumstances under which a contract is invalid are: the contract signed by a person without civil capacity is invalid; Contracts concluded with false representations of intent are invalid; Contracts signed in violation of the mandatory provisions of laws and administrative regulations are invalid; Contracts signed against public order and good morals are invalid; Civil juristic acts in which the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others, are invalid. >>>More

19 answers2024-07-27

Hello, on the issue of adding the woman's name to the real estate certificate after marriage, how to divide it in the divorce, first add the woman's name, the house belongs to the joint property of the husband and wife, and the divorce will refer to the time of marriage, the contribution of the house and other comprehensive judgments. >>>More