Divorce without a marriage certificate needs to be analyzed based on the specific situation of the parties involved.
1、 Both parties have not obtained a marriage certificate
1. If both parties have not obtained a marriage certificate and have lived together before the implementation of the Marriage Registration Management Regulations on February 1, 1994, it is considered a de facto marriage and a marriage certificate needs to be obtained before divorce can be processed. If the cohabitation period is after February 1, 1994, they can separate on their own without going through legal procedures.
2. If you do not want to apply for a new marriage certificate, you can directly file for divorce in court, but you cannot negotiate divorce with the marriage registration authority because without a marriage certificate, it is not within the scope of management of the marriage registration authority.
2、 The marriage certificate of the parties involved is lost or damaged
1. One party's marriage certificate is lost
A、 If one of the parties loses their marriage certificate, they can directly use the other party's marriage certificate to handle the divorce procedures.
B、 You can also apply for a marriage certificate first and then apply for divorce.
C、 If you do not want to reapply, you can bring both parties' ID cards and household registration books to the original marriage registration office to obtain a written proof of marriage relationship, stamped with a seal, and apply for divorce with the written proof of marriage relationship.
2. Both parties' marriage certificates have been lost
A、 Both parties can bring their respective ID cards and household registration books to the original marriage registration office or the civil affairs department where one party's permanent household registration is located to apply for a marriage certificate and then handle the divorce procedures.
B、 Bring valid documents from both parties to the original marriage registration authority to issue a written proof of marriage relationship, stamped with a seal, and apply for divorce with the written proof of marriage relationship.
3. One party does not agree to divorce
In the event that one party does not agree to divorce, the other party may bring their personal ID card and household registration book to the original marriage registration office to request a marriage relationship certificate, stamped with the seal of the marriage registration authority. Bring the marriage certificate to the court to file for divorce.