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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 acceptance of an application for marriage registration are:
a) The marriage registry office has jurisdiction;
2) The man and woman who wish to marry jointly apply 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 voluntarily married;
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 to 35 of these Norms.
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The second marriage must show that you are in the second marriage, and if you go to register with the current one to get a marriage certificate, if you don't say it, he won't know, unless you tell him.
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Yes. If the divorced parties want to remarry, they need a divorce certificate, if they do not remarry after the divorce, but the divorced party marries someone else, you also need to bring a divorce certificate to prove that you are single. There are two types of second marriages:
1. If a man and a woman were originally husband and wife, and now want to remarry or remarry after passing the divorce registration with the Civil Affairs Bureau, when they go to the marriage registration authority to perform the marriage or remarriage registration, the marriage registration authority will withdraw the divorce certificate of both parties and issue the marriage certificate again.
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, 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.
Therefore, it is not necessary to bring a divorce certificate for a second marriage, but it may also bring a divorce judgment or mediation document.
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Since you are married for the second time, even if you don't bring your divorce certificate, when you get married for the second time, you will know that you have been divorced, because there are records, and the divorced people have records above, and they have been divorced once, and it is okay not to bring a divorce certificate, and you can also receive a second marriage certificate.
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Concealing your marriage history? This is a fraudulent marriage.
If you do not bring a divorce certificate, you will not be allowed to remarry, and if you lose the divorce certificate, you must reapply for it before you can get a marriage certificate again.
Generally, you have to check personal information when you try it, and you still have to make it clear yourself, so as not to be embarrassed by everyone when you get it.
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According to the law, remarriage after divorce requires the withdrawal of the divorce certificate. If the parties have lost or destroyed the Divorce Certificate, they may apply to the original marriage registration authority with their household registration certificate and the Certificate of Marital Status issued by their unit or village (resident) committee, and the original marriage registration authority shall verify that the parties have indeed registered their marriage with the authority in accordance with the law after verifying the marriage registration file.
Legal basis: Marriage Registration Regulations
Article 17: Where a marriage certificate or divorce certificate is lost or damaged, the parties concerned may apply to the original marriage registration organ or the marriage registration authority for the place where one of the parties has permanent residence with their household registration booklet or ID card for a replacement. Where the marriage or registration organs conduct a verification of the parties' marriage registration files and confirm that they are true, they shall reissue the marriage certificate or divorce certificate to the parties.
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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.
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It is not allowed to bring a divorce certificate for a second marriage. As with the marriage procedure, both men and women need to prepare relevant materials and go to the marriage registration office for marriage registration, and if they remarry, they need to bring a divorce certificate or judgment, and the marriage registration staff will issue a marriage certificate after review. The purpose of the request for a divorce certificate for remarriage is to establish that the marriage relationship of the previous marriage has indeed ended in law and must be presented.
[Legal basis].Article 7 of the Marriage Registration Regulations.
The marriage registration authorities shall examine the documents and supporting materials issued by the parties to the marriage registration and inquire about the relevant circumstances. Where the parties meet the requirements for marriage, they shall be registered on the spot and a marriage certificate shall be issued; Where the parties do not meet the requirements for marriage and are not registered, the reasons shall be explained to the parties.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Whether a divorce certificate is required for a second marriage is decided according to the following circumstances: if the divorce was sued at the beginning, only the court's judgment needs to be provided when the remarriage is registered. If you divorce by agreement, you must bring a divorce certificate. In addition to the divorce certificate, it is also necessary to prepare the ID cards, household registration books, ** and other relevant materials of both parties.
According to the relevant provisions, a Mainland resident who has gone through a divorce and remarriage shall present three types of materials to the marriage registration authority in order to register his or her remarriage, including his or her household registration booklet 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; The remarried spouse is also required to bring a divorce certificate or divorce decree.
Article 5 of the Marriage Registration Regulations.
Mainland residents who apply for marriage registration shall present the following documents and supporting materials:
1. Household registration booklet and ID card;
2) A signed statement that the person has no spouse and has no direct blood relationship with the other party or a collateral blood relationship within three generations.
Article 3 of the Supplementary Provisions on the Application for Remarriage Registration by Parties to a Divorce.
When a party who holds a first-instance divorce judgment of a people's court in China applies for remarriage, he or she must provide proof that the divorce judgment issued by the court is legally effective.
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Whether the second marriage needs to bring a divorce certificate is decided according to the following circumstances, if the original fraud is sued for divorce, only the court's judgment needs to be provided when the remarriage is registered. If you divorce by agreement, you must bring a divorce certificate. In addition to the divorce certificate, it is also necessary to prepare the ID cards, household registration books, ** and other relevant materials of both parties, and the requirements for remarriage registration are the same as those for the first marriage registration.
The marriage registration procedure is as follows:
1. To apply, both men and women who are married must personally present their resident ID cards, household registration certificates, and certificates of marital status issued by their units or villagers' committees to the marriage registration authorities where one of the parties is registered to apply for marriage registration. If you have been divorced, you should also present a divorce certificate when applying for remarriage. In places where premarital health examinations are conducted, parties applying for marriage must also go to designated health care institutions for premarital health examinations and submit premarital health examination certificates to the marriage registration authorities;
2. Examination, the marriage registration authority must carefully examine the identity certificate, household registration certificate and unit certificate of the parties, inquire about the parties' entry into the rent, and may also conduct necessary investigations or medical appraisals on designated items in order to find out whether the parties meet the conditions for marriage;
3. Registration, after a comprehensive examination and understanding, the marriage registration authority shall approve the registration and issue a marriage certificate to those who meet the conditions for marriage; and where the conditions are not met, registration is not to be given, and the reasons are explained to the parties. If the parties applying for marriage are unable to obtain the required certificates due to interference by their work units or others, the marriage registration authority shall also approve the registration and issue a marriage certificate after ascertaining that the conditions for marriage are indeed met. After the 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, according to the agreement between the man and the woman.
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The second marriage must bring a divorce certificate, as follows:
1. If the divorced parties want to remarry and need a divorce certificate, the marriage registration authority will withdraw the divorce certificate of both parties and issue a marriage certificate;
2. If the two parties do not remarry after the divorce, but the divorced party marries someone else, it is also necessary to bring a divorce certificate to prove the marital status.
1. The process of getting married is as follows:
1. Both men and women jointly apply for marriage registration at the marriage registration authority where one of the parties has a permanent residence;
2. Submit the corresponding documents and materials;
3. The marriage registration authority shall examine and inquire about it;
4. If the conditions are met, they shall be registered and issued a marriage certificate; If they do not meet the requirements, they will not be registered and the reasons will be explained.
2. The materials required for marriage registration are as follows:
1. The identity certificates of both parties to be registered include household registration booklet and ID card;
2. A signed statement that the parties have no spouse and have no direct blood relatives or collateral blood relatives within three generations with the other party. All in all, the second marriage must bring a divorce certificate. Generally, for marriage registration, it is necessary to bring the identity certificate of both parties, the parties have no spouse and other relevant certificates; Generally, it is necessary to apply for marriage registration at the marriage registration authority where either of the husband and woman has a permanent residence.
Article 5 of the Marriage Registration Regulations stipulates that a Mainland resident who has registered a marriage shall present the following documents and supporting materials: (1) his/her household registration booklet and identity card, and (2) a signed statement that he has no spouse and no direct blood relationship or collateral blood relationship with the other party within three generations. Hong Kong residents, Macao residents, and Taiwan residents who have gone through marriage registration shall present the following certificates and supporting materials:
1) A valid pass and ID card of the person (2) A statement notarized by a notary public in the place of residence that he has no spouse and that he 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) their valid passports, (2) a certificate issued by a notary public or competent authority in their country of residence and certified by the embassy (consulate) of the People's Republic of China in that country that they have no spouse and that they have 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 they have no spouse and have 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) their valid passport or other valid international travel documents, (2) a certificate issued by a notary public or competent authority of the country where they are 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 they are located that they have no spouse. Article 1049 of the Civil Code of the People's Republic of China provides that 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. If the state marriage registration has not been completed, the registration shall be re-registered.
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