Can You Get a Divorce Without the Original Marriage Certificate? Latest Update 2025
When initiating divorce procedures, losing the original marriage certificate can cause concern and uncertainty about whether the court will accept or reject the application. This article summarizes the latest information to provide a clear and complete answer.
1. Can you get a divorce if the original marriage certificate is lost?
According to the 2014 Law on Marriage and Family (Articles 55 and 56), the original marriage certificate is a mandatory document when filing for divorce at the court.
However, if the original certificate is lost, you can still proceed with the divorce by requesting a certified extract (duplicate) of the marriage certificate. This extract is legally recognized as equivalent to the original and is valid for submission if you clearly state the reason for the loss in your divorce petition.
2. Procedure to obtain a certified extract of the marriage certificate – First step for divorce
2.1. Where to request the certified extract?
You must contact the People’s Committee of the commune/ward where the marriage was originally registered or the civil registry authority managing household data to request the extract.
2.2. Required documents
Completed application form for the marriage extract;
Copy of ID card/Citizen ID;
Supporting documents or personal records (especially if even a previous extract is unavailable) proving the marriage registration details.
2.3. Processing time
Typically, the issuance of a certified extract takes about 3–5 working days, with a maximum of 5 days if verification is needed.
3. Filing for divorce after obtaining the certified extract
3.1. Preparing divorce documents
Mutual consent divorce: Divorce request form, ID cards of both parties, certified marriage extract, birth certificate of the child (if any), asset division agreement.
Unilateral divorce: Divorce petition, ID card, certified marriage extract, child’s birth certificate, evidence of grounds for divorce (e.g., abuse, breach of spousal duties, etc.).
If a certified extract is used instead of the original, the petition must clearly explain the reason for the missing original.
3.2. Submission and court process
File the documents with the District People's Court where the respondent resides (for unilateral divorce) or where either party resides (for mutual consent divorce).
The court will review the documents within 3–5 working days to decide whether to accept the case.
A court fee prepayment may be required. Then, mandatory mediation will take place (except for exemptions or simplified cases).
If mediation fails:
Mutual consent: The court issues a decision to recognize the agreement.
Unilateral: The case proceeds to a preliminary hearing.
4. Important notes and distinctions
4.1. Can you request a new original marriage certificate?
If the following conditions are met — the marriage was registered before January 1, 2016, the registry and certificate are both lost, and both spouses are alive — you may re-register the marriage and obtain a new original certificate at the commune-level People’s Committee where the marriage was first registered or your current residence.
If the conditions are not met, only a certified extract can be issued, not a new original.
4.2. Does the marriage extract have an expiration date?
No, the certified marriage extract is a one-time legal verification and does not expire, provided that the reason for the missing original is clearly stated in the divorce application.
4.3. Can you file for divorce first and submit the extract later?
Some legal sources indicate that you can initially file the divorce petition (either mutual or unilateral) and submit the marriage extract later. However, to avoid delays or having the application returned, it is advisable to obtain the extract before filing.
5. Conclusion
If you’ve lost your original marriage certificate, you can still get a divorce — as long as you properly request a certified extract (or reissue the original if eligible) and prepare a complete file. Clearly explaining the reason for the missing certificate in your divorce petition helps the court process the case more efficiently.
In any case, DEDICA Law Firm is ready to assist you in drafting your petition and preparing your divorce documentation — ensuring a smooth, legal, and timely resolution while protecting your rights. Act now to safeguard your legal interests.
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