If I remarry after divorce, do I need to withdraw the divorce certificate?

Legal basis] Article 5 of the Opinions on Several Issues Concerning the Implementation of the Marriage Registration Regulations stipulates that if 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.

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 (divorce by litigation).

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.

Hello, there is no divorce certificate, only a marriage certificate, and the marriage certificate will be disposed of after the divorce, for example, the marriage certificate will be torn up after the court decides a divorce. Satisfied, your affirmation is our motivation to continue to provide legal help to our netizens!

Legal analysis: If you remarry after divorce, the divorce certificate needs to be withdrawn. Under normal circumstances, when remarrying, it is necessary to go through registration procedures, obtain a marriage certificate, and return the divorce certificate to the issuing authority.

Legal basis: Marriage Registration Regulations

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: Divorce and remarriage divorce certificates will not be withdrawn. The principle of marriage registration is self-declaration and self-responsibility, and the law does not provide for the cancellation or withdrawal of divorce certificates held by remarried persons (including remarriages).

Therefore, after these people register their marriage, the divorce certificate will be kept by themselves and will not be forcibly withdrawn.

Legal basis: 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 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective and the merger is disrupted, 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.