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Can divorce still be sentenced if the marriage certificate is lost in the second instance？ How to regulate it
Time:2025-09-01 Views:748
1
According to the provisions of China's Civil Code and other laws, if a marriage certificate is lost during the second instance, it will not have any impact on the litigation process. If divorce is to be ruled, it can still be ruled. In litigation, the marriage certificate only serves to prove that both parties are husband and wife, and can apply to the court to accept the case. The court has already completed the acceptance of the case in the first instance. When the first instance court filed the case, it had already reviewed the marriage certificate and left a copy, which is in the current case file materials of the second instance court. It has no impact on the litigation procedure and the final handling result of the case, so there is no need to worry.
II
Fanneng Law Firm reminds you that there are two situations where a court hearing is not necessary:
1. The couple reached a settlement outside of court;
2. For second instance divorce cases where no new facts, evidence, or reasons have been presented, if the collegiate bench deems it unnecessary to hold a court hearing, it may not hold a court hearing.
Article 169 of the Civil Procedure Law of the People's Republic of China
The second instance people's court shall form a collegial panel and hold a hearing for the appeal case. After reviewing the case files, conducting investigations, and questioning the parties involved, if no new facts, evidence, or reasons have been presented and the collegial panel deems that a court hearing is not necessary, the court hearing may be skipped.
III
Generally, one to two court sessions are required, but if the case is more complex, such as involving child custody, property, and other issues, the number of court sessions may increase. No matter how many court sessions are held, the people's court will complete the trial of the case within a certain deadline.
Article 161 of the Civil Procedure Law of the People's Republic of China
The people's court shall conclude the trial of cases through simplified procedures within three months from the date of filing. When applying the ordinary procedure for trial, the trial shall be concluded within six months from the date of filing. Under special circumstances, an extension of six months may be granted with the approval of the dean; If further extension is needed, it shall be reported to the higher-level people's court for approval. If the other party appears in court, the court may make a judgment in absentia. Sichuan Faneng Law Firm is dedicated to serving you.