-
Because there is an appeal period for divorce decrees, which is generally 15 days. If the other party appeals within the appeal period, the judgment will not take effect. Therefore, the date of the judgment is not the effective date, and a certificate of entry into force is required.
As a party to a divorce case, if you do not receive the certificate of the effective judgment, you cannot apply to the court to enforce the payment obligations in the judgment, and if you do not receive the effective judgment certificate, the Civil Affairs Bureau will not go through the marriage formalities when you go through the marriage formalities.
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.
-
There are two kinds of legal documents of the court, one is the mediation document, and the other is the judgment, and the judgment is required to be received by both parties within 15 days after the two parties have not appealed, and generally the party who receives it later shall receive the time of receipt. The effective certificate is for fear of error, because marriage is a very serious matter, and if the judgment does not take effect and marries another person, it may constitute the crime of bigamy, and the effective certificate is to avoid the crime of bigamy.
-
If it is a judgment of first instance, if you need to get married, you must go to the court to issue a certificate of validity. Because the court trial is a two-instance final adjudication system, the marriage registration department does not know whether the parties have appealed, and if it is a second-instance judgment or ruling, it does not need to issue an effective certificate.
-
Who wants any proof of effectiveness for you, I believe that the divorce judgment is not written on it, when will the judgment take effect? If it is clearly written, won't it start to take effect when the date comes? What proof of validity do you need?
-
Divorce decrees are not processed all at once.
Within the prescribed time, a second appeal may be made.
A certificate of validity is required.
-
If there is no judgment, there is also a certificate of validity, and there are no formalities, how can it be explained? Well, you must have the effective letter of the judgment, the court has regulations, and the procedures are complete or incomplete, how can you give you a judgment?
-
The effective date is already clearly stated in the judgment, and there is no need for a certificate of effectiveness, so you can not provide this certificate, and you will not be able to issue this certificate.
-
After the effective divorce judgment and divorce certificate have the same legal effect, there is no need to issue an effective certificate, and the court will not issue it.
-
If the date of entry into force has been clearly stated on the judgment, in this case there is no need for a certificate of entry into force, and this certificate may not be provided.
-
This is the law of the state, if the husband and wife do not come together after marriage, they must be separated and do not give the judgment to prove the name, and you will be guilty of remarriage.
-
The Civil Affairs Bureau of remarriage wants a valid certificate, and they don't listen to you for so many reasons, so they want a valid certificate and a verdict, and they don't accept rebuttals.
-
Because although it is a divorce, there is also a fifteen-day hesitation period, and then you can get a divorce after the small book is in hand.
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
Of course, it is useful, that is, it means that the judgment has come into effect and the divorce has been obtained.
If the judgment is not pronounced in court, the appeal period shall begin to be calculated in the first instance, and the judgment shall take effect on the date of receipt of the judgment. In the second instance, there is no appeal at the completion of the appeal period.
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
The question should be that the questioner got the question wrong. Because there is no such term as a death verdict. According to the meaning of this question, it should be: the difference between a death declaration by a court and a death certificate from a hospital? >>>More