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If the information on the household register is not changed after the divorce, it will have no impact on the future. However, the information on the household registration book will not be changed automatically, so in many cases, in order to facilitate the use of the household registration book in the future, or when there is a misunderstanding when remarrying, generally speaking, both men and women will go to the police station to change the information in the household registration book after the divorce, and change the married status to divorce.
Legal analysis
As for the question of whether the marital status of the husband and wife needs to be changed after the divorce, there is no such mandatory requirement in the existing law. In China, if a citizen changes his or her household registration due to marriage, divorce, separation, adoption, adoption, etc., the head of the household or the person in person must report the change to the household registration authority. Marriage issues are generally managed by the civil affairs department, while the public security department is managed by the household registration department, so there may be information deviations in the middle, that is, the information in the household registration book may not be accurate.
However, now all personal information is synchronized on the network, and the current status can be searched directly in the system database. Normally, after the end of the marriage relationship, it is necessary to go to the public security organ to change the marital status of the household registration book, because if the marital status on the household registration book is inconsistent with the actual entity, it may cause inconvenience in life. Therefore, it is recommended that the parties can bring the relevant documents and materials to the local public security organ to change the household registration information.
Legal basis
Regulations of the People's Republic of China on Household Registration
Article 17 When it is necessary to change or correct the contents of the household registration, the head of the household or himself shall report to the household registration authority; The household registration authority shall make changes or corrections after verifying the facts. When the household registration authority deems it necessary, it may request proof of change or correction from the applicant.
Article 19 When a citizen's household registration changes due to marriage, divorce, adoption, adoption, household division, merger, disappearance, recovery or other reasons, the head of the household or himself shall report to the household registration authority for the change of registration.
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There must be an impact, after the divorce of the household registration book must be changed, the divorce of the husband and wife, there is no longer any legal relationship, mainland residents, for marriage registration, should submit their valid ID card and household registration book, can not submit the ID card, can issue a valid temporary ID card, there is a possibility to buy a house in the future, these have a lot of troubles and risks.
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The most obvious effect is that you can't remarry because it says you're married.
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Legal analysis: Since the parties have gone through the divorce registration procedures and received the "divorce certificate", they are already divorced. The fact that the marital status column in his household register has not been changed does not affect the fact that he has been divorced.
Because the divorce certificate is a legal document for both men and women to legally dissolve the relationship between husband and wife, when Liang Yujing receives the divorce certificate, it is the date on which the relationship between husband and wife is terminated.
Legal basis: Article 13 of the Marriage Registration Regulations The marriage registration authority shall examine the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances. Where the parties have truly declared themselves willing to divorce and have reached an agreement on the handling of issues such as child support, property, and debts, they shall be registered on the spot and a divorce certificate shall be issued.
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Legal analysis: According to the regulations, both parties must apply for marriage registration in person at the marriage registration authority in the place where one party's household registration is located, and the following documents and certificates shall be presented when applying: (1) household registration certificate; (2) Resident ID card; (3) Proof of marital status issued by the unit, village defense and land people's committee, or residents' committee.
If you don't have a hukou to get a marriage certificate, it should be okay to use your ID card to get a certificate.
The law is based on the 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' intention to divorce voluntarily, as well as the opinions agreed upon on matters such as child support, property, and debt disposition.
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.
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Legal Analysis: There will definitely be an impact, and there must be a change in the household register after the divorce.
Legal basis: Regulations of the People's Republic of China on Household Registration Article 17 When the content of household registration needs to be changed or corrected, the head of the household or himself shall report to the household registration authority; The household registration authority shall make changes or corrections after verifying the facts. When the registration authority deems it necessary, it may request proof of change or correction from the applicant.
Norms for Marriage Registration》 Article 29 Mainland residents shall submit their valid resident identity cards and household registration booklets for marriage registration, and if they are unable to submit their identity cards for any reason, they may issue valid temporary identity cards. The name, gender, date of birth, and citizenship number on the resident ID card and household registration book shall be the same; Where there are inconsistencies, the parties shall first go to the relevant departments to correct them. The marital status on the household register shall be consistent with the declaration of the parties.
In case of inconsistency, the parties shall provide the registration authorities with effective judicial documents of the court that can prove the authenticity of their statements, medical certificates (inferences) of the death of spouses and residents, and other materials; Where there are inconsistencies and relevant materials cannot be provided, the parties shall first order them to go to the relevant departments to make corrections. If you don't correct it, there will still be a lot of trouble and risk in buying a house.
Nowadays, many couples will divorce when there is an irreconcilable conflict, which is also very normal. After all, marriage is also an established relationship, and no one will restrict the marriage or divorce of others. But there is a netizen, after his divorce, the household registration book still shows that he is married, can he apply for a marriage certificate at this time? >>>More
Hello, the answer to the question of whether you can remarry and receive a marriage certificate if you are married registered in the household register, the answer is yes. However, married status may need to be changed first. In order to avoid unnecessary trouble, it is recommended to go to the police station to change the household registration information before going through the marriage registration procedures. >>>More
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If you are divorced, your household registration book has not been changed, and you are still married, and remarriage will not be affected. Because remarriage is not subject to household registration. If you want to change it, take the divorce certificate and ID card to the household registration window of the police station to correct it.