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How to revoke a divorce agreement when a couple remarries in 2022
Time:2025-08-28 Views:1754
The divorce agreement signed by both parties at the time of divorce has legal effect. In principle, both parties should abide by and fulfill it. At the same time, if both parties wish to revoke the divorce agreement, they can handle it through negotiation. If one party wishes to revoke the divorce agreement, they can choose to file a lawsuit.
According to the "Marriage Law" and relevant judicial interpretations, if both parties regret the property division within one year after a consensual divorce and request to modify or revoke the property division agreement, the people's court shall accept the case. After the people's court hears the case and finds no circumstances such as fraud or coercion when the property division agreement was concluded, it shall lawfully dismiss the party's lawsuit request.
That is, if both parties agree to divorce and have reached an agreement on the division of property, and if they regret the division agreement and believe that there were circumstances such as fraud or coercion that affected their true intentions, they may raise a request to the people's court to modify or revoke the divorce agreement within one year after the divorce by agreement.
The procedures for applying for remarriage are similar to those for applying for marriage, as follows:
(1) Application. Both the man and the woman who wish to register their marriage shall jointly go to the marriage registration authority of the district or county-level civil affairs bureau (or the town people's government) where one of them has a permanent residence with the required documents to apply.
(2) Fill in the declaration form. Both parties shall personally go to the marriage registration authority to submit an application and each fill out a "Declaration of Application for Remarriage Registration".
(3) Signature. Both parties must personally sign or affix their fingerprints in the "Declarant" column of the "Application for Remarriage Registration Declaration" in the presence of the marriage registrar.
(4) Review and registration. The marriage registration authority examines the certificates and statements submitted by both parties. If they meet the conditions for remarriage registration, the registration will be granted. After the remarriage registration procedures are reviewed, the original divorce certificate or court judgment (or mediation statement) shall be revoked and a remarriage registration certificate shall be issued, which will then have legal effect.
(V) Remarriage registration certificate. After the remarriage registration procedures are completed, the original divorce certificate or court judgment (or mediation statement) must be revoked and a remarriage registration certificate issued for it to have legal effect.
They were once married and have divorced in accordance with the legal procedures. They have not remarried after the divorce. Voluntarily restore the marital relationship.
The above is what the editor of Fan Neng Law Firm has collected for everyone about how to revoke a divorce agreement when a couple remarries in 2022. The "Marriage Law" also stipulates that no unit or individual may set any form of additional conditions for remarriage registration. Marriage and divorce are both personal choices, and no one has the right to interfere when remarrying after divorce. If you have any other questions, please feel free to consult the lawyers of Fan Neng Law Firm. Sichuan Faneng Law Firm is dedicated to serving you.