What if the divorce papers are missing?
If a husband and wife agree to divorce, they need to submit a divorce agreement to the Civil Affairs Bureau in triplicate, that is, one copy is left in the Civil Affairs Bureau for the record. Please don't worry if the divorce agreement is lost. If the divorce agreement is lost, it can be reissued. You only need to take your divorce certificate and your valid ID card or household registration book, and apply to the marriage registration center for consulting the divorce file. After transferring your file, the staff can make a copy of the divorce agreement that they gave to the Civil Affairs Bureau when they went through the divorce registration according to their own application, and affix the official seal.
In addition, if you just lose a divorce agreement, it will not affect your remarriage registration. You can go straight to the normal procedure. But if you lose your divorce certificate, you need to apply to the Civil Affairs Bureau for a new one, and then go through the formalities of remarriage. What's more, if you lose the court's divorce judgment or conciliation statement, you need to go to the court to copy the original and affix the official seal before you can register for remarriage.
What if one party doesn't give me a divorce certificate when I get divorced?
If the divorce certificate of the party concerned is lost, it is not necessary for both parties to go to the Civil Affairs Bureau to reissue it, but the party concerned can reissue it himself. To reissue a divorce certificate, it is generally necessary for the parties to bring their ID cards and household registration books to the marriage registration office so that the staff can check the divorce files. After reviewing the information, the staff will reissue the divorce certificate for the parties.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 1078 of the Civil Code of People's Republic of China (PRC)
The marriage registration authority shall register and issue a divorce certificate if it finds out that the two parties are really divorced voluntarily and reach an agreement on matters such as child support, property and debt handling.