How Long After Divorce Can You Remarry And How Long After Divorce Can You Remarry

Legal Analysis]: Both men and women voluntarily resume the relationship between husband and wife, and can remarry at any time after divorce. There is no time limit for remarriage.

As long as the conditions prescribed by law are met, both parties can go through the remarriage formalities in person with the required materials and documents with the required materials and documents. The parties applying for remarriage registration have been married since the marriage certificate was obtained. According to Article 1046 of the Civil Code, marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other party, nor shall any organization or individual interfere with it.

Article 1049 stipulates that a man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. 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.

Legal basis: Article 1046 of the Civil Code of the People's Republic of China Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to force the other party, and it is forbidden for any organization or individual to interfere. 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 marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

The Civil Code stipulates that marriage and family are protected by the State. Freedom of marriage, monogamy, and equality between men and women are practiced. Freedom to marry, freedom to divorce, and remarriage refers to the act of forming a new family with another person through the formal legal channels of the state on the premise of divorce from the original spouse or the death of the former spouse.

It is legal and compliant to remarry after divorce.

1. For divorce by agreement, obtaining a divorce certificate is the formal dissolution of the relationship between husband and wife, and the next moment you get the divorce certificate, you can go through the registration of remarriage, and there is no time limit for remarriage after divorce.

2. If it is a litigation divorce, you need to get a marriage certificate after the divorce judgment takes effect. If the parties divorce in the first instance of the basic court, and both parties do not appeal 15 days after the receipt of the judgment, they can remarry after the judgment takes effect; If, within 15 days, one of the spouses appeals, then a second instance is required, and after receiving the decree granting the divorce in the second instance, the parties can remarry.

Legal analysis: The fastest way to get a divorce certificate is to get it first. Then you can register your marriage with someone else.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.

There is no time limit, as long as both parties are consensual and the information is complete, they can get married. In other words, couples can remarry at any time after divorce. Only both parties need to take their ID cards, household registration books and divorce certificates to the marriage registration office to go through the remarriage procedures.

The implementation of the system of freedom of marriage includes not only the freedom of divorce, but also the freedom to marry. Thus, the law allows citizens of a man and a woman who have broken down their relationship to dissolve their marriage, as well as citizens who are in a position to enter into marriage. At the same time, according to the provisions of the Civil Code, if the original husband and wife voluntarily resume their marriage relationship after divorce, they can go to the local marriage registration authority to re-register their marriage.

The law clearly states that remarriage is also free. Therefore, couples can remarry at any time after divorce without any period of time.

1. What are the requirements for 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 it. Remarriage is a legal act, and if a man and a woman voluntarily request the restoration of their relationship after divorce, it means that the relationship between the parties has not completely broken down, or that the cause of divorce has been eliminated. In this case, the law allows the parties to re-establish the marriage.

In this case, both parties shall meet the following conditions:

1. Have had a husband and wife relationship and have divorced in accordance with legal procedures;

2. Not remarried after divorce;

3. Voluntarily restore the relationship between husband and wife.

In addition to the above three conditions, it is also stipulated that no unit or individual may set any form of additional conditions for the registration of remarriage.

If a man and a woman voluntarily remarry after divorce, they may reinstate their relationship by resuming marriage registration. The procedures for registration of remarriage are basically the same as those for marriage registration, and both men and women shall apply for registration of remarriage in person at the marriage registration authority at the place where one party is registered. When registering a remarriage, the original divorce certificate should be submitted for review by the marriage registration authority.

2. Whether the divorce agreement before the remarriage is still valid.

The previous divorce agreement is still valid after the remarriage.

1. Whether the parties remarry or not does not affect the validity of the divorce agreement.

2. After remarriage, the property of both husband and wife, if a prenuptial property agreement is signed, the agreement can be notarized to ensure that the two parties will not dispute the ownership of the two suites.

Divorce can be remarried.

1. After the divorce of both men and women, to resume the marriage relationship, it is necessary to go to the marriage registration authority where one party is registered to register for remarriage.

2. After divorce, if both the man and the woman voluntarily resume their marriage relationship, they shall go to the marriage registration office to re-register the marriage.

3. The creation and dissolution of marriage relations must go through the legal procedures, and remarriage must go through the same formalities as marriage, and must go through the registration formalities at the marriage registration office. The remarriage must also be voluntary between the man and the woman, and at the time of remarriage, both the man and the woman must go to the marriage registration office to re-register the marriage with the relevant certificates.

Legal analysis: There is no time limit, as long as both parties are consensual and the information is complete, they can get married.

Legal basis: Marriage Registration Regulations

Article 4 When a mainland resident marries, 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 to complete the marriage registration. Where a Chinese citizen marries a foreigner in Chinese mainland, or a mainland resident marries a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the marriage registration.

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.

In China's judicial practice, the cooling-off period for divorce refers to the process of suspending the divorce procedure until the end of the cooling-off period in accordance with the relevant laws and regulations, in order to allow the parties to make a rational and reasonable decision after full and calm thinking and evaluation.

During this time, the parties need to decide for themselves whether or not to continue the divorce process of the marriage. As for the issue of finding a partner, this is not a question within the cooling-off period of divorce, so it is the right and freedom of the individual to find a partner, whether it is during the cooling-off period or after the divorce. However, it should be noted that during this period, the parties need to respect the provisions and procedures of the law and are not allowed to decide on their own marriage and divorce procedures.

As for the question of whether G can be calculated by finding a partner during the cooling-off period of divorce, this involves the provisions of the law and judicial practice. According to Chinese law, after the cooling-off period for divorce ends, the parties need to go through an assessment to decide whether to continue the divorce process. During this period, the problem of finding a partner should be regarded as a personal act, but it should be noted that sexual activity with a person who is in a marital relationship is not allowed during this period, so finding a partner during this period cannot be regarded as a problem of G.

Theoretically speaking, as long as the person concerned has completed the divorce procedures and obtained the divorce certificate, he and his other half can immediately go through the marriage formalities and receive the marriage certificate with the other half with the identity certificate of Mohui judgment, household registration book, marital status certificate and divorce certificate. Because there is no restriction on the processing of marriage certificates or the time of remarriage. Therefore, the parties can get married after obtaining the divorce certificate.

In the case of divorce by agreement, the relationship between husband and wife is officially dissolved when the divorce certificate is obtained, and the next moment after obtaining the divorce certificate, the remarriage registration can be processed; If you are divorced by litigation, you need to get a marriage certificate after the divorce judgment takes effect. If you divorce in the first instance of the basic court, and fifteen days after receiving the judgment, both parties have not appealed, and the judgment takes effect, you can remarry, if within 15 days, one party appeals, then you need to conduct a second trial, and after receiving the judgment of the second instance granting divorce, you can remarry.

Legal basis. Article 1041 of the Civil Code of the People's Republic of China [Basic Principles] Marriage and family are protected by the state. Freedom of marriage, monogamy, and equality between men and women are practiced. Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.