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Legal Analysis: After remarriage, the previous divorce certificate is useless. The marital status is married. According to the law, when a mainland resident gets married, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence.
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 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.
Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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After remarriage, the divorce certificate is useless.
The divorce certificate is a legal document for the legal dissolution of the relationship between the husband and the woman, and the date of termination of the relationship between the husband and wife is when the divorce certificate is obtained.
First, the declaration conditions.
1. Both parties are legally registered husband and wife;
2. The divorce of both parties is completely voluntary;
3. Both parties have full capacity for civil conduct;
4. The parties have reached an agreement on matters such as child support, property and debt disposal;
5. The household registration of one or both parties is the permanent residence of XX Street or XX Street;
6. Both parties must apply to the marriage registration authority at the same time, and shall not entrust others**;
7. The original documents provided by the parties must be legal, complete, true and valid.
II. Handling Procedures.
1. Both parties submit a written application for divorce and present their documents.
2. The two parties reach a written agreement on the disposal of family property, child support, parental support, creditor's rights, debts and other issues.
3. Fill in the Declaration of Application for Divorce Registration and the Divorce Agreement
4. Fill in the application for divorce registration and the marriage registration certificate processing form, and the registration authority will review it.
5. Obtain the "Divorce Certificate".
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After the second marriage, the divorce certificate is generally useless. According to the regulations, if you remarry after divorce, you need to withdraw the divorce certificate. When the parties go through the remarriage registration, they need to provide a divorce certificate, and if the divorce certificate is lost, they can be reissued first.
According to the relevant laws and regulations of our country, as long as the marriage registration is carried with the person's household registration booklet, ID card and the person who has no spouse.
and a signed statement that there is no direct blood relationship with the other party or collateral blood relationship within three generations, and a divorce certificate is not required, and the existence of a divorce certificate does not affect the marriage registration of the second marriage.
Legal basis. Article 5 of the Regulations on Marriage Registration Mainland residents who apply for marriage registration shall present the following documents 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.
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