Can I get a marriage certificate for a second marriage without a divorce certificate?

1. Procedures for obtaining a marriage certificate after divorce.

Marriage registration for remarriage is no different from general marriage registration. Bring the household registration book, ID card, to the marriage registration office, you can take a photo on the spot, and you have to fill in the declaration form and some **.

1. Application. A man and a woman who wish to marry must jointly apply for marriage registration at the marriage registration authority where one of the parties is registered with their household registration certificate, resident identity card and certificate issued by their work unit or production brigade regarding their date of birth, nationality and marital status. Both men and women must be present at the time of registration.

If it is divorced, a divorce certificate shall also be presented. In the place where the premarital examination is carried out, a certificate of premarital examination from the hospital should also be presented.

2. Review. The marriage registration management organs shall conduct a review of the parties' applications to ascertain whether the marriage application meets the requirements for marriage, and if there are any unclear questions, they shall ask the parties and, when necessary, may require the parties to provide relevant supporting materials.

3. Registration. 1) Be registered.

If the marriage registration authority meets the requirements for marriage, it shall immediately register and issue a marriage certificate; For those who have been divorced, their divorce certificates shall be cancelled. However, for registration applications for Chinese citizens and foreigners, registration formalities should be completed within one month of receipt of the application, and a marriage certificate shall be issued. The marriage certificate of a foreign-related marriage must be affixed to both the male and female parties**, and stamped with the special seal for marriage registration of the people at or above the county level who handle the registration of foreign-related marriages.

Where a party applying for marriage registration is interfered with by a work unit or another person and is unable to obtain the required certificates, the marriage registration management organs shall register them if they find that they truly meet the requirements for marriage.

2) Not registered.

The marriage registration authority shall not register the applicant under any of the following circumstances: he or she has not reached the legal age of marriage; involuntary; those who already have a spouse; belong to direct blood relatives or collateral blood relatives within three generations; Suffering from a medical condition that is medically inappropriate for marriage.

2. Will the other party know about divorce and remarriage?

Yes, there is a record of the place where you got your marriage license. And if you are in the process of opening a household registration, the household registration book will also show options such as married, divorced, and remarried.

3. Do I need a divorce certificate for the second marriage?

If the divorced parties want to remarry, they need a divorce certificate, if they do not remarry after the divorce, but the divorced party marries someone else, you also need to bring a divorce certificate to prove that you are single. There are two situations in which a person remarries after divorce:

1. Normally, if a man and a woman were originally husband and wife, and now want to remarry (remarry) after passing the divorce registration with the Civil Affairs Bureau, when they go to the marriage registration authority to perform the marriage (remarriage) registration, the marriage registration authority will withdraw the divorce certificate of both parties and issue the marriage certificate.

2. If the marriage relationship is dissolved through divorce registration through the Civil Affairs Bureau, the Civil Affairs Bureau will issue a Divorce Certificate to both parties; If the divorce is filed through the court (litigation divorce), the parties do not have a "divorce certificate", and only the relevant divorce judgment or divorce mediation document of the court is used as the divorce certificate.

If the parties get married for the second time, they do not have to bring a divorce certificate. It depends on whether the previous marriage was dissolved by litigation or by agreement.

Legal analysis: The second marriage can get a marriage certificate without a divorce certificate, and a divorce certificate is not required for marriage, as long as the household registration book and ID card of both parties; No spouse certificate; A statement that there is no direct blood relationship with the other party or collateral blood relationship within three generations. If you do not have a spouse certificate, you can apply to the relevant authorities, and a divorce certificate is not required.

Legal basis: Article 1046 of the Civil Code of the People's Republic of China.

Marriage shall be completely voluntary between the man and the woman, and neither party shall be allowed to coerce the other, and it shall be forbidden for any organization or individual to interfere with it.

If the parties can provide other evidence to prove that the previous relationship between husband and wife has been dissolved, such as the divorce judgment of the court, they may apply for a marriage certificate without taking the divorce certificate.

Because marriage registration requires the issuance of a certificate of non-spouse, if there is no divorce certificate, there is no way to prove that the parties have no spouse, and the suspicion of bigamy cannot be ruled out. The divorced party needs to prove that he is single, so the divorce certificate needs to be carried.

The marriage registration authorities shall examine the documents and supporting materials issued by the parties to the marriage registration and inquire about the relevant circumstances. Where the parties meet the requirements for marriage, they shall be registered on the spot and a marriage certificate shall be issued; Where the parties do not meet the requirements for marriage and are not registered, the reasons shall be explained to the parties.

Procedures for handling divorce certificates: 1. Application: Submit divorce agreement, marriage certificate, resident ID card, household registration book and other materials. Fill in the "Application for Divorce Registration" on the spot.

2. In the first instance, the "Receipt of Acceptance of Divorce Registration Application" will be issued if the conditions are met, and those who do not meet the requirements will not be accepted;

After the expiration of the cooling-off period for divorce, both parties shall jointly apply to the marriage registration authority for the issuance of a divorce certificate;

4. Review, register the divorce and issue a divorce certificate if the conditions are met.

Where the 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.

1. It must be completely voluntary for both men and women.

Marriage must be entered into free and complete free will without coercion by either party or interference by any third party. Therefore, there should be no conditions attached to the marriage of a man and a woman.

2. Must reach the legal age of marriage.

The age of marriage shall not be earlier than 22 years for men and 20 years for women.

3. It must be in line with monogamy.

Freedom of marriage, monogamy, and equality between men and women are practiced. Therefore, the parties who wish to marry can only be unmarried, or widowed or divorced. A person who has a spouse can remarry only after the termination of the original marriage.

Those involved in bigamy may be prosecuted for criminal liability. If both parties to a divorce request to remarry, they can only remarry if both parties have not remarried, or if their spouses have died after remarriage, or if they both divorce after remarriage;

4. There is no legal prohibition on marriage between one or both parties;

5. Neither party has a spouse, and the divorced person needs to provide a divorce certificate, divorce certificate or divorce judgment from the court.

There is no requirement that the parties must carry the divorce certificate when they register their remarriage after the divorce. However, according to Article 5 of the Marriage Registration Regulations, a Mainland resident who has registered a marriage shall present the following documents and supporting materials: (1) his/her household registration booklet and identity card; (2) A signed statement that the person has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party.

In summary, it can be seen that the parties must present proof that they have no spouse when they go through the marriage registration.