Can I get a divorce if I lose my marriage certificate?

Can I get a divorce if I lose my marriage certificate? This is a question of many couples when they want to end their marriage relationship but no longer keep the original Marriage Registration Certificate. Will the loss of this document cause the Court to refuse to settle the divorce, or is there still a way to remedy it according to the law? In the article below, let's find out the conditions and procedures for handling the loss of a marriage certificate and important notes so that the divorce process takes place smoothly and in accordance with regulations.

1. Can I get a divorce if I lose my marriage registration certificate?

If you lose your marriage certificate, you can still get a divorce. However, according to the provisions of the Law on Marriage and Family 2014, whether you divorce by mutual consent or unilaterally, you need an original marriage certificate.

If the marriage certificate is lost, you need to apply for re-issuance in 1 of the following 2 ways:

- Carry out the procedures for applying for an extract of a copy of the marriage certificate at the People's Committee of the locality where the marriage was previously registered. When carrying out divorce procedures, it is necessary to clearly state the reason why a copy of the marriage certificate is provided.

- Carrying out procedures for re-issuance of the original marriage registration certificate at the People's Committee of the locality where the marriage was previously registered or where the marriage is permanently resident.

2. What are the procedures for applying for re-issuance of a marriage registration certificate?

First, to be re-granted a marriage registration certificate, you must satisfy the conditions in Article 24 of Decree 123/2015/ND-CP, specifically as follows:

- The birth, marriage or death registration has been registered at a competent agency of Vietnam before January 1, 2016 but the civil status book and the original civil status papers are lost, they shall be re-registered.

- The applicant for re-registration of birth, marriage or death shall submit copies of papers and documents related to the re-registration.

- The re-registration of birth or marriage shall only be carried out if the registration applicant is still alive at the time of receipt of the dossier.

If you meet the above conditions, you can prepare the dossier and procedures for re-issuance of the marriage registration certificate according to the provisions of Article 27 of Decree 123/2015/ND-CP as follows:

Regarding dossiers and procedures for registration for re-issuance of the original marriage certificate, including the following papers:

The dossier comprises:

- A declaration made according to the prescribed form;

- A copy of the previously issued marriage certificate. If there is no copy of the marriage certificate, a copy of the dossier and personal papers containing information related to the marriage registration contents shall be submitted.

Procedure

Step 1: Prepare a dossier for re-registration of marriage

Step 2: Submit the application

You need to submit a dossier to the commune-level People's Committee where you previously registered your marriage or the commune-level People's Committee where you permanently reside.

Within 05 working days from the date of receipt of a complete and valid dossier, the judicial-civil status officer shall examine and verify the contents of the dossier.

Step 3: Return the result

In case of re-issuance of a lost marriage registration certificate at the place where the marriage was previously registered:

- If the dossier is complete, accurate and valid, the judicial-civil status officer will hand over the marriage certificate to the citizen.

In case of applying for re-issuance of a marriage registration certificate at the place of permanent residence (different from the place of previous marriage registration):

- If the dossier of re-registration is made at the permanent commune-level People's Committee, the judicial-civil status officer shall report to the Chairman of the commune-level People's Committee to request the People's Committee where the marriage was previously registered to inspect and verify the retention of the civil status book.

- The People's Committee of the place where the marriage was previously registered shall reply in writing the result of inspection and verification within 05 working days from the date of receipt of the written request.

- If the verification result shows that the civil status book is no longer kept, the judicial-civil status officer shall re-register the marriage within 03 working days from the date of receipt of the verification result, provided that the dossier fully meets the requirements of the law.

3. Procedures for re-issuance of a copy of the marriage certificate

Pursuant to Article 63 of the Law on Civil Status 2014, which stipulates the issuance of copies of civil status extracts of registered civil status events, individuals regardless of their place of residence have the right to request the Civil Status Database Management Agency to issue copies of civil status extracts of their registered civil status events."

According to the above provisions, individuals have the right to request the civil status database management agency to issue a copy of their registered civil status extract. Therefore, you have lost the original Marriage Certificate, so you can apply for an extract of the copy of the Marriage Certificate. The procedures for applying for extracts are specified in Articles 9 and 64 of the Law on Civil Status 2014 as follows:

- The applicant for a copy of the civil status extract directly or through the representative shall send the declaration according to the prescribed form to the civil status database management agency."

- In case a competent agency or organization requests the issuance of a copy of an individual's civil status extract, it shall send a written request clearly stating the reason to the civil status database management agency.

- Immediately after receiving the request, if the conditions are met, the Civil Status Database Management Agency shall issue a copy of the civil status extract to the requester."

Agencies managing the Civil Status Database include civil status registration agencies (commune-level People's Committees, district-level People's Committees,..), the Ministry of Justice, the Ministry of Foreign Affairs and other agencies assigned competence in accordance with law.

Thus, you can request the commune-level People's Committee where you have registered your civil status to apply for an extract of a copy of the marriage registration certificate.

After having an extract of the copy of the marriage registration certificate issued by the commune People's Committee, you proceed to apply for divorce in accordance with the provisions of the Law on Marriage and Family, and extract the copy of the marriage registration certificate with the same legal validity as the original marriage registration certificate.

4. What are the procedures for divorce when losing the marriage certificate?

The dossier to be prepared when losing the marriage registration certificate includes:

– Petition for divorce (according to the form of the Court) or Petition for recognition of divorce by mutual consent;

– The marriage registration certificate (copy) issued by the civil status office where the two of you registered your marriage, but must be clearly stated in the lawsuit;

– Household registration book, people's identity card (certified copy);

– Birth certificate of the child (copy – if any);

– Other documents and evidences proving common property such as: Land use right certificate (red book), vehicle registration, savings book, etc. (certified copy).

The application can be submitted directly at the Court or sent by post.

Procedures for divorce when marriage certificates are obtained

Pursuant to Articles 51, 52, 53 of the Law on Marriage and Family 2014, the divorce procedure for loss of the marriage registration certificate includes the following steps:

Step 1: The plaintiff/requester sends a dossier of divorce lawsuit or request for recognition of divorce by mutual consent at the People's Court of the district where the defendant (wife or husband) is residing or working.

Step 2: After receiving the valid dossier of the plaintiff/requester, the Court considers that if it is within its competence, the Court will issue a notice of payment of the court fee advance/fee advance.

Step 3: The plaintiff/requester shall pay the first-instance civil court cost advance at the district Judgment Enforcement Sub-Department and return the receipt of the court cost advance/fee advance to the Court.

Step 4: The Court accepts the case, proceeds to settle the case according to general procedures and issues a Judgment or decision to settle the case.

5. What can a lawyer provide assistance when losing a marriage certificate?

Divorce procedures can become more complicated when the requester no longer holds the Marriage Registration Certificate or issues arise with common children, common property, and financial obligations. In these cases, an attorney can assist:

- Advising on handling plans suitable for each specific case;

- Guidance on procedures for applying for a copy of the marriage registration extract;

- Drafting a complete and compliant divorce dossier;

- Representing clients to work with civil status agencies or courts when authorized;

- Advising and protecting the legitimate rights and interests of clients in the process of settling divorce.

Having the companionship of a lawyer helps limit errors in the dossier, save time and ensure the interests of the parties in the process of resolving the case.

Final Thoughts

It can be seen that whether the loss of a marriage certificate can be divorced is no longer a very complicated issue if the requester understands the provisions of the law and follows the correct procedures. The loss of the original of the marriage registration certificate does not lose the right to request a divorce, however, the requester needs to apply for a copy of the extract or carry out alternative procedures according to the instructions of the competent authority to complete the dossier.

In practice, each divorce case can give rise to different legal situations related to records, child custody, property division, or financial obligations. Therefore, if you encounter difficulties in the process of preparing documents or resolving disputes, you should consult a lawyer for timely advice, support and best protect your legitimate rights and interests.

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(Written by: Le Trang Nhung; Date written: 7/8/2026)

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