-
If you are planning to remarry, you need to prepare your household registration booklet, ID card and a signed statement that you have no spouse and no direct blood relatives and collateral blood relatives within three generations to go through the marriage formalities.
-
You still need to go to the Civil Affairs Bureau to reapply for the relevant divorce certificate, and with this certificate, you can also facilitate the marriage certificate by yourself.
-
At this time, you need to prepare a divorce certificate, and then you also need to prepare your personal household registration book, ID card, and also need to prepare a photo of the two people, and then you also need to prepare a marriage inspection report.
-
Legal analysis: If you remarry, you need to bring a divorce certificate or judgment, and the marriage registration staff will issue a marriage certificate after review.
Legal basis: "Civil Code of the People's Republic of China" Article 1 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Those who meet the requirements of this Law 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.
-
A court judgment is equivalent to a divorce certificate. There are currently two different types of divorce in our country.
One is divorce by agreement, which requires both parties to voluntarily divorce, and then go through the formalities at the Civil Affairs Bureau to obtain a divorce certificate;
The other is to sue for divorce at the World Silver Court and obtain a mediation letter or judgment. Both have equal effect.
Therefore, if the marital relationship between husband and wife has been dissolved after the court judgment takes effect, they can go to the civil affairs department with the court judgment to go through the formalities of remarriage registration.
1. What is the difference between remarriage and remarriage.
Remarriage refers to the act of a divorced man and woman voluntarily resuming the relationship between husband and wife, going through registration formalities at the marriage registration office, and re-establishing the marital relationship. Remarriage is a legal act, and if a man and a woman seek to resume their relationship after divorce, it means that the relationship between the parties has not completely broken down, or the cause of the divorce has been eliminated. In this case, the law allows the parties to re-establish the marriage.
However, marriage is a legal relationship, and its creation and elimination must go through legal procedures, and remarriage must go through the same formalities as marriage, and must go through registration formalities with the marriage registration office. The difference is that after the remarriage registration formalities are completed, the original divorce certificate or court judgment (or mediation document) must be revoked and the remarriage registration certificate issued before it can take legal effect. The remarriage must be done voluntarily by both the man and the woman, not by coercion or interference by others, and at the time of remarriage, both the man and the woman must go to the marriage registration office to go through the formalities of remarriage registration together with the relevant certificates.
The marriage registration authority shall conduct an examination and issue a remarriage registration certificate to anyone who meets the legal requirements, and then the legal relationship between husband and wife will be restored. However, if the parties live together privately without registering their remarriage, they cannot obtain legal conjugal status and cannot be protected by the law. Remarriage refers to the act of one party remarrying another person after the death of his or her spouse or after the divorce of both parties.
Remarriage is premised on the termination of the original marital relationship, and if the original marital relationship is not terminated and the original marital relationship is not terminated, it will constitute bigamy.
2. What should I do if I want to remarry after divorce?
When handling remarriage, both parties shall bring their ID cards, household registration certificates, and marital status certificates, and both parties shall apply for remarriage in person at the marriage registration authority where one party's household registration is located, and shall issue a divorce certificate or court judgment or mediation document, and fill in the Declaration of Application for Remarriage Registration. Remarriage refers to the act of re-establishing the marital relationship between a man and a woman after a divorce voluntarily resuming the relationship between husband and wife, going through registration formalities at the marriage registration office, and re-establishing the marital relationship. If the parties want to remarry after the divorce, they shall bring the ID cards, household registration booklets, divorce certificates of both parties, or the court's judgment or mediation document.
If an application is made to the marriage registration authority of the civil affairs bureau at the district or county level where one party has permanent residence, and after examination and approval by the marriage registration authority, it is found that the conditions for remarriage are met, the previous divorce certificate or court judgment or mediation document shall be revoked and the remarriage registration certificate shall be issued.
Civil Code of the People's Republic of China
Article 1078:Where 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.
-
One of the necessary conditions for remarriage is to provide a divorce certificate or court judgment, and without a divorce certificate or a draft judgment letter, the Civil Affairs Bureau will not handle the remarriage procedures.
Legal basis key wheel
Article 1069 of the Civil Code stipulates that children shall respect the marital rights of their parents and shall not interfere with their parents' divorce, remarriage and life after marriage. A child's obligation to support his or her parents shall not be terminated by a change in the marital relationship between the parents.
-
Legal analysis: If you remarry, you need to bring a divorce certificate or judgment, and the marriage registration staff will issue a marriage certificate after review.
Legal basis: Civil Code of the People's Republic of China Article 1049 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 completion of the marriage registration is the establishment of the marriage of the grandson sedan chair. Those who have not completed the marriage and boarding the sail shall be re-registered.
-
If remarriage is required, 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 complete the marriage registration. State Mausoleum and need to bring their household registration booklet and ID card; I have no spouse and no direct blood relatives or collateral blood relatives within three generations with the other party.
Legal basis
Article 1049 of the Civil Code stipulates 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.
Where marriage registration has not been completed, the registration shall be re-registered.
If the judgment of the first instance is issued, the period of appeal has expired or the woman has not appealed during the appeal period, the judgment shall enter into force. >>>More
There are two ways to divorce: divorce by agreement and divorce by litigation, if the two parties agree to go to the marriage registration agency to handle the divorce, and get the divorce certificate is the real dissolution of the marriage relationship. In the case of divorce by litigation, the court will not issue a divorce certificate, but will only have a divorce judgment, so if the court decides a divorce and has not received the judgment, is it considered a divorce? This is not necessarily, it needs to be looked at on a case-by-case basis: >>>More
Why does the house have to be appealed separately? If you think that the division of the house by the court of first instance is unfair, you can appeal, if the court of first instance believes that the house does not have a title deed, or that the title deed of the house is not in your name, or that the property belongs to you and others and tells you to sue separately, then you should consider whether what the court said is correct, if it is correct, please do not appeal, because that will only waste your time and energy. >>>More
The Supreme People's Court stipulates that a certificate of validity is required for divorce judgments, which is set up to facilitate the examination by the marriage registration department when the parties go through the marriage registration registration again. Therefore, if you want to remarry, you will need to issue a valid certificate. The relevant legal provisions are the Notice of the Supreme People's Court on the Issuance of Certificates after the First-Instance Divorce Judgment Takes Effect >>>More
Where the people's court has already announced a judgment, the lawsuit must not be withdrawn. After the people's court accepts the plaintiff's lawsuit and files the case, but before the judgment is announced, the plaintiff may submit a written or oral request to the people's court to withdraw the lawsuit, and the court will rule whether to allow it. After examination and approval, the court made a ruling to withdraw the lawsuit and served it on the plaintiff and the defendant respectively. >>>More