How to handle divorce matters when losing a marriage certificate
Time:2025-08-28 Views:1250
1
Divorce matters shall be handled in the following manner for the loss of marriage certificate:
The couple can use another marriage certificate to handle the divorce registration procedures. Alternatively, the party who has lost their marriage certificate can first go to the marriage registration authority to obtain a new marriage certificate, and then go to the marriage registration authority to handle the divorce agreement procedures.
Article 1080 of the Civil Code of the People's Republic of China
Upon completion of divorce registration, or the divorce judgment or mediation agreement becoming effective, the marriage relationship is terminated.
Article 1076 of the Civil Code of the People's Republic of China
If both husband and wife voluntarily divorce, they shall sign a written divorce agreement and personally apply for divorce registration at the marriage registration office.
The divorce agreement shall state the voluntary intention of both parties to divorce and the consensus reached through negotiation on matters such as child custody, property, and debt management.
II
Fanneng Law Firm reminds you that applying for a marriage certificate requires meeting the following conditions:
Marriage should be completely voluntary for both men and women, and it is prohibited for either party to force the other, or for any organization or individual to interfere.
2. The age for marriage shall not be earlier than 22 years old for men and 20 years old for women.
3. There is no direct blood relationship or collateral blood relationship within three generations between the two parties.
4. Do not violate the monogamous system, that is, those who have a spouse are not allowed to marry others again.
Article 1047 of the Civil Code
The age for marriage shall not be earlier than 22 years for men and 20 years for women.
Article 1048
Marriage is prohibited for direct blood relatives or collateral blood relatives within three generations.
III
Getting a marriage certificate does not require payment. Provinces, cities, and districts will cease to charge labor fees for marriage registration certificates. The parties who apply for marriage registration in accordance with the law at various marriage registration offices (including those who apply for marriage registration certificates) are all free of charge. This means that the original 9-yuan marriage certificate will officially enter the era of zero yuan. Marriage registration partners can enjoy the "zero fee" policy for marriage registration, and as long as both parties meet the policy, registration and certification are free of charge. When obtaining a marriage certificate, as long as both parties have prepared the relevant documents and meet the marriage requirements, they can go to the Civil Affairs Bureau for free marriage registration and obtain the marriage certificate.
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