How to prove "divorced" after divorce in Ningbo litigation? The difference between divorce certificate and judgment and mediation statement and application.
In Ningbo, people who divorce through court judgment or mediation get a judgment or mediation document, not a divorce certificate from the Civil Affairs Bureau. Trouble follows: remarriage registration, household registration, real estate transfer, loans, unit formalities, the other side often only ask one sentence-"how to prove that you have divorced?" to hand over the entire verdict, the reasons for the breakdown of the relationship, domestic violence or infidelity statements, property and children's arrangements are all spread out in front of others.
It resolves this contradiction. After divorce, in addition to the judgment and mediation statement, you can also apply to the court that made the judgment for a "divorce certificate", which only records the necessary contents such as identity, effective document case number, dissolution time of marriage relationship, etc. The effect is equivalent to that of the effective judgment document and divorce certificate. It is specially used to replace the judgment and mediation statement when dealing with foreign affairs, which can "prove" and "does not reveal privacy".
Why do 1. need a divorce certificate"
the parties involved in divorce proceedings have to prove that they are "divorced" on many occasions-the marriage registration authority must confirm that the previous marriage has been dissolved during remarriage registration, and the household registration department must verify the marriage status during household transfer and household separation. In addition, there are real estate transfer, bank loans, overseas visas, unit personnel and file procedures. What these occasions have in common is that what the other party wants is "conclusion", not "process", and the only proof you have is precisely a document full of process.
1. Why is it inconvenient to present the judgment and mediation statement directly?
Divorce judgments and mediation documents should state the pleadings, the facts ascertained by the court and the reasons for the judgment in accordance with the format. When they fall into divorce cases, they will inevitably write about the causes of emotional breakdown-long-term quarrels, separation, domestic violence, infidelity, how to divide the property, who owns the house, debts and children's support. These private matters are fixed on official documents, and embarrassment is inevitable when the copies are handed over to banks, units or intermediaries.
2. It only proves the result and does not expose the process.
The "Divorce Certificate" is being designed for this purpose: the court will issue it upon application after the judgment document comes into effect, keeping only "who, when and by which document divorced" and concealing the details of the reason for divorce, property, children, etc., so that people can prove their marital status without having to spread out the whole document when going through the formalities.
What do the four 2. instruments manage?
Divorce certificate, judgment or conciliation, certificate of entry into force, certificate of divorce, these documents are often confused, in fact, the use and access to different ways.
1. Divorce by Agreement: I took a divorce certificate.
After the two sides reached an agreement, they went to the marriage registration authority of the Civil Affairs Bureau for divorce registration, and the divorce certificate was issued upon completion of the registration (electronic divorce certificate has been introduced in many places). It only writes about voluntary divorce and registration, does not record the contents of the dispute, and was originally prepared for external use.
2. Divorce proceedings: take a judgment or mediation
if the talks cannot be concluded, or if one party does not agree to leave or cannot find anyone, the lawsuit will be filed. The court may issue a civil judgment or a civil mediation document after successful mediation. Both types of documents record the complete contents of the case and only involve privacy when they are presented to the public. Remember: Judgments and conciliation statements are the authoritative basis for the final settlement of divorce, property and children.
3. Certificate of entry into force: proof that the instrument has entered into force
the judgment of the first instance shall not take effect until the expiration of the appeal period (15 days) and the other party has not appealed; the judgment of the second instance shall take effect from the date of making; the conciliation statement shall take effect upon receipt by both parties. To confirm that a previous marriage has been dissolved, the marriage registration authority sometimes requires a certificate of entry into force, which is issued by the court that made the decision and serves as supporting evidence.
4. Divorce Certificate: "Privacy Certificate" in Divorce Proceedings"
it is issued by the court on application on the premise that the judgment and mediation statement have entered into force, and only records the identity information, the number and type of the effective document, and the time of dissolution of the marriage relationship, which is used to replace the judgment and mediation statement.
3. Legal Basis and Content Boundary
1. Based on family trial reform
the divorce certificate is not an independent provision in a certain law, but a convenient system implemented by the Supreme People's Court in the reform of family trial methods and working mechanisms. The Opinions on Further Deepening the Reform of Family Trial Methods and Working Mechanisms (Trial) (Fa [2018] No. 12) clarifies that the people's court may issue a divorce certificate for the parties upon their application in the case of a divorce judgment or mediation.
2. What is recorded and what is hidden
the styles vary from place to place, but the scope of records is generally the same: the name, gender, identity information of the parties, the case number and type of the effective legal document, as well as the effective date of the judgment document and the time of dissolution of the marriage relationship; The reason for divorce, the course of the dispute, the division of property, the upbringing of children and other contents are not included in the record, so that it can be "open to the public and easy to carry and keep". The format and seal vary from place to place, but the difference in style does not affect the effectiveness. Marriage registration, household registration, banks and other institutions are generally recognized.
How to apply 4.: who to do it and what to bring
1. Application to the court that made the effective decision
the key is to apply to "the court that made the divorce judgment or mediation", not the place of domicile, place of residence or any court. The parties in other places can contact the litigation service hotline of the hospital by telephone to find out whether they can mail it and handle it online.
2. General conditions to be met
according to the local practices, there are usually three rules: the applicant himself is a party to the divorce case (some courts must confirm it in advance if they accept the entrustment); The case has been decided to grant divorce or mediate voluntary divorce, and the document has indeed taken effect. The purpose is legal and legitimate. The purpose is usually asked, so be clear about what you are here.
3. Common Materials and Processes
the process is generally "submit an application-court verification-issue a seal". The materials usually include my identity document, the judgment or conciliation document that has entered into force (original or copy), and a written application stating the case number and purpose. In the case of mediation for divorce, some courts can issue the mediation document simultaneously when it comes into effect; in the case of a divorce, the application shall be made after the judgment becomes effective. The specific requirements of the court shall prevail.
4. Practice of Ningbo Court
ningbo started earlier in this regard. According to public reports, some grass-roots courts have begun to explore the divorce certificate system in promoting the reform of family trials. For example, the Jiangbei District People's Court has issued detailed rules for the implementation of the divorce certificate, and Beilun, Ninghai and other courts have also issued it to the parties earlier. The practice is generally to "submit a written application with my identity document and carry the effective judgment document, which will be issued after verification by the court". There are still differences in the details of windows and materials in each hospital. It is better to confirm it to the accepting court before handling it.
5. Privacy and "Paperwork Internet"
1. Basic rules for the online access of adjudication documents
many people are worried that "the verdict will be posted on the Internet for people to search", which should be read separately. According to the provisions of the Supreme People's Court on the publication of judgment documents by the people's Court on the Internet (Fa Shi [2016] No. 19), in principle, the judgment documents of divorce proceedings and the judgment documents closed by mediation are not published on the Internet; marriage, family and inheritance dispute documents that need to be published online should also deal with the names of the parties, and delete the address, ID number, contact information and other information. Even if it is made public, it is not "naming names and adding all the details".
2. What is really to be prevented
it can be seen that pure divorce litigation documents are not included in the mandatory Internet access. It is not easy to confirm that a person "left or not, why did he leave" by Internet search. What really needs to be prevented is not the Internet, but the original or photocopy of the judgment and mediation statement can be borrowed and forwarded at will. However, it should be noted that the scope of the Internet is related to the cause of the case. Property disputes and alimony disputes after divorce are not all classified as "divorce proceedings", and their documents may still be made public (names are generally anonymous). The rules will be adjusted. If you have any concerns, you can ask the court about the court's practice when handling them.
6. FAQ
after getting the divorce certificate, will the original judgment and mediation document become invalid?
No. The divorce certificate is only a "certificate" for external use. The judgment and mediation document themselves are still valid, involving issues such as how to divide the property, how to transfer the house, and how to enforce the alimony. The judgment and mediation document shall still prevail. The two are co-existing, not substitutes.
Can I find my divorce judgment online?
According to the rules, the judgment documents of divorce proceedings and the judgment documents closed by mediation are not published online in principle. Even if the marriage and family documents fall within the scope of the Internet, the names of the parties will be handled anonymously, so most of the worries such as "one search can see the whole process" are not valid. To be on the safe side, the divorce certificate is given priority when going through the formalities.
If you mediate a divorce, don't you need proof?
need. The mediation statement will take effect upon receipt by both parties. It can prove that the marriage relationship has been dissolved just like the judgment, but it also records the specific contents such as property and children, and will encounter the same privacy problems when it is presented to the public. Therefore, the parties who mediate the divorce can also apply for a divorce certificate, and some courts will issue or accept it at the same time when the mediation certificate comes into effect.
Can the divorce that was decided and mediated in the court many years ago be reissued now?
Generally can. As long as the divorce is indeed decided or mediated by the court in that year, the document has taken effect, and then due to legitimate needs such as remarriage, household registration, real estate, etc., you can apply to the court that made the decision for issuance. The judge in charge may have already been transferred, but it is not necessary to rigidly find the original judge in charge, explain the situation to the litigation service window or archives department of the court, and retrieve and check the judgment documents of the current year.
Practical Experience of 7. Lawyers
from a lawyer's point of view, I usually suggest that the client should get rid of the matter of "proving marital status" in advance, instead of waiting for the other party to rush to the court for materials. The reason is very practical: when the judgment and mediation statement will take effect, it is decided whether you can get the certificate immediately, and this time is precisely what many people do not know. The judgment of the first instance will not take effect until the appeal period (15 days) expires and the other party has not appealed. Therefore, if the court decides to grant a divorce, it will have to wait for the appeal period at the earliest before applying for a certificate of validity or a divorce certificate. If the other party appeals, it will have to wait for the result of the second instance. If you need to register for remarriage, transfer your account or sign a house purchase contract in the near future, first calculate the effective node and don't set the date before the document takes effect.
In the preparation of materials, the idea is "one identity, one result, one purpose", which corresponds to my identity document, the effective judgment document, and a written application for clear purpose. Most courts require the parties to apply in person. The application specifies the case number and what is to be done. Some courts have ready-made forms that can be obtained directly. There is a point that is easy to be ignored: many years ago, the judge who made the judgment and mediated the divorce may have been transferred to another post. At this time, it is not necessary to find him, explain the situation to the court archives department or litigation service window that made the judgment, and retrieve and check the judgment documents of that year. As far as possible, the identity materials and original documents should be brought with them. The missing parts are often one more trip.
In terms of avoiding pits, there are several actions worth noting. First, don't use the divorce certificate everywhere as a "universal substitute". It proves that the marriage relationship has been dissolved. However, the judgment or mediation document itself is still required for matters involving property shares, creditor's rights and debts, and the performance of children's support. Only when you don't want to disclose private details, the certificate is given priority. Second, after receiving the certificate, it should be properly preserved. It is as important a document as the judgment. Once it is lost, it must also go through the formalities. Electronic parts can be scanned and retained for later use, but formal occasions generally require the original or a copy stamped with the seal of the court. Third, if banks, units or intermediaries insist on reading the full text of the judgment, first confirm whether this is a mandatory requirement. Many institutions accept "divorce certificate plus effective information" and cannot provide pages that have hidden unnecessary information. In terms of timing, reverse the matter and subsequent arrangements: first determine the effective date of the document, then set aside the time for application, verification and issuance to the court, and finally go to the time for registration, transfer or signature, leaving a margin in the middle, and the rhythm will be smooth.