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03 06

广州男子凭离婚判决书和现女友领证 被拒登记

  • 发布日期: 2019-03-06

广州从化的李先生在11月11日这天,兴冲冲地和现女友到民政局登记结婚。当他拿出与前妻的离婚判决书,用于证明自己目前是单身时,民政局工作人员却告诉他,光凭这个不能证明已离婚。
 
On November 11, Mr. Li Conghua of Guangzhou went to the Civil Affairs Bureau to register for marriage with his present girlfriend. When he took out his divorce judgment with his ex-wife to prove that he was single, civil affairs officials told him that this alone could not prove divorce.
 
 
 
原来,离婚判决书并不等于离婚证,离婚判决书加上相应的裁判文书生效证明,才能起到与离婚证同样的法律效力。
 
Originally, the divorce judgment is not equal to the divorce certificate. Only when the divorce judgment and the corresponding judicial documents are effective, can it have the same legal effect as the divorce certificate.
 
 
 
11月11日,李先生起个大早,穿戴整齐,意气风发地去接女友梁小姐,两人准备到从化民政局登记结婚。选择这一天领证,是两人老早就商量好的,纪念在“光棍节”告别单身。
 
On November 11, Mr. Li got up early, dressed neatly and went to pick up his girlfriend, Miss Liang, with great enthusiasm. They were going to register for marriage with Conghua Civil Affairs Bureau. Choose this day to receive a certificate, they have long discussed, in memory of the "Singles Day" farewell single.
 
 
 
这天来领证的人不少,排队等了近一个小时后,终于轮到李先生与梁小姐。在出具资料证明自己是单身状态时,李先生拿出了一张从化法院的离婚判决书,原来李先生是二婚,其与前妻已经在法院诉讼离婚。
 
Many people had been waiting in line for nearly an hour to get their certificates this day. Finally, it was Mr. Li's turn and Ms. Liang's turn. When providing information to prove that he was single, Mr. Li produced a divorce judgment of Conghua court. It turned out that Mr. Li was second married, and his ex-wife had already divorced in court.
 
 
 
然而,民政局工作人员称,单凭一张离婚判决书不能证明已经离婚,拒绝为李先生和梁小姐办理结婚登记。李先生急了,都通过法院诉讼离婚了,还有离婚判决书,怎么不能证明自己是单身?
 
However, the Civil Affairs Bureau staff said that a divorce judgment alone could not prove divorce and refused to register Mr. Li and Ms. Liang for marriage. Mr. Li is in a hurry. He has been divorced through court proceedings and divorce judgment. Why can't he prove that he is single?
 
 
 
工作人员解释,能够证明离婚已经发生法律效力的方式有两种,一种是民政局办理的离婚证,另一种是法院的离婚判决书配合相应的生效证明。而李先生只有离婚判决书,没有裁判文书生效证明。
 
Staff explained that there are two ways to prove the legal effect of divorce, one is the divorce certificate handled by the Civil Affairs Bureau, the other is the court's divorce judgment with the corresponding effective certificate. However, Mr. Li only has a divorce judgment and no proof of the validity of the judgment.
 
 
 
李先生只得火速赶往从化法院,申请开具裁判文书生效证明。为了不耽误李先生结婚,虽已下班但办案人员还是到档案室查档,并开具了证明。当日下午,李先生和梁小姐顺利拿到结婚证,总算在“光棍节”脱单了。
 
Mr. Li had to rush to Conghua Court to apply for a certificate of the validity of the judgment documents. In order not to delay Mr. Li's marriage, although he was off duty, the case handlers went to the archives office to check the files and issued a certificate. In the afternoon of the same day, Mr. Li and Miss Liang got their marriage certificates smoothly, and finally they were separated on Singles Day.
 
 
 
从化法院法官提醒,很多离婚案件的当事人都以为只要有离婚判决书或调解书就可以证明婚姻关系已经结束,其实是不完全正确的。离婚判决书或调解书还需要配合裁判文书生效证明,以证明该裁判文书已经发生法律效力。
 
Judges of Conghua Court warned that many parties in divorce cases thought that as long as there were Divorce Judgments or mediation letters, they could prove that the marriage relationship had ended, which was not entirely correct. The divorce judgment or conciliation statement also needs to be accompanied by the validity certificate of the adjudicative document to prove that the adjudicative document has been legally effective.


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