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Can the divorce certificate be replaced by the court judgment

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Can the divorce certificate be replaced by the court judgment


        

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  • 2024-06-09 22:00:02

    The court's judgment cannot be replaced with a divorce certificate. Our country's law stipulates two divorce ways, one is divorce by agreement, the other is divorce by prosecution. Divorce by agreement is registered in the Civil Affairs Bureau, and the divorce certificate issued by the Civil Affairs Bureau is used as the evidence for the parties to dissolve their marriage.
    To sue for divorce is to sue the people's court for divorce when the two parties cannot reach an agreement or sign a divorce agreement. The divorce judgment or mediation statement issued by the court shall be used as the evidence for the parties to dissolve their marriage.
    The divorce certificate is the divorce certificate issued by the Civil Affairs Bureau, and the divorce judgment is a legal document made by the court. Both can prove that the husband and wife have dissolved the marriage relationship, and have the same legal effect.
    Legal basis:
    Article 1076 of the Civil Code of the People's Republic of China
    If the couple divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the intention of both parties to divorce voluntarily and the consensus on matters such as child rearing, property and debt handling.
    Article 1078 of the Civil Code of the People's Republic of China
    If the marriage registration authority finds out that both parties are indeed willing to divorce, and that they have reached consensus on matters such as child rearing, property and debt handling, it shall register and issue a divorce certificate.
    Article 1079 of the Civil Code of the People's Republic of China
    If one of the husband and wife requests divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed. Divorce shall be granted if mediation fails in any of the following circumstances:
    (1) Bigamy or cohabitation with others;
    (2) Domestic violence or maltreatment or desertion of family members;
    (3) Gambling, drug abuse and other bad habits persist in teaching;
    (4) Two years of separation due to emotional discord;
    (5) Other situations that lead to the breakdown of the relationship between husband and wife.
    Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit. Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

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