Can a child who has died of a father go to the archives hall to investigate the divorce agreement of

When the father dies, the children can go to the archive hall instead of the mother to investigate the divorce agreement of the parents. But there must be a power of attorney from the mother. The divorce agreement must be in writing, signed by both husband and wife, and approved by the court or the marriage registration management department before it can be legally valid.

Signing a divorce agreement is only the first step in registering a divorce, that is, the parties have reached an agreement to divorce.

Legal analysis

Marriage and divorce are to be completed through registration, if there is no registered divorce, after the agreement is signed, it is not effective, the agreement is a contract that takes effect conditionally in the civil law, that is, the agreement takes effect only on the premise of divorce, if there is no divorce or statutory recognition, the agreement does not take effect, it is no different from waste paper. If both a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office.

A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed. If a man and a woman request a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

If mediation fails, the divorce shall be granted for bigamy or cohabitation with another person, domestic violence or abuse or abandonment of family members, gambling, drug abuse and other vices that have been repeatedly taught, and separation for two years due to emotional discord; Other circumstances that lead to the breakdown of the relationship between the husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Legal basis

Civil Code of the People's Republic of China

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

The cost of transferring the property inherited by the deceased children of the parents is generally calculated according to the market value of the house, because the property of the parents does not belong to the children, so after the death of the parents, if the children want to inherit the property of the parents, they must first ask the professional department to evaluate the property, and the inheritance cost is generally less than 50,000 yuan for the value of the property less than 1 million.

Legal analysisThe transfer fee of inheritance of real estate by the deceased children of parents is generally calculated according to the market value of the house, and the inheritance of real estate by the deceased son of the parents needs to pay the inheritance notary fee, real estate value appraisal fee, real estate inheritance transfer tax, and deed tax. Inheritance notarization fee. Generally, inheritance needs to be proven, and the inheritance notary fee is charged according to 2% of the appraisal price of the real estate inherited by the heir, with a minimum of not less than 200 yuan.

The appraisal company will make a professional analysis and property price appraisal according to important factors such as the road section, sitting direction, floor, and age of the house, and determine the accurate market value of the property. It is also rare for a relative to decide not to inherit an estate after the death of a relative, so it is common to start the inheritance process for property such as a house after the death of a parent. Any subject who wants to inherit the property must first conduct an appraisal of the property and then pay the relevant fees, otherwise it will not be able to inherit the estate.

The applicant shall go to the notary office where the house is located to handle the inheritance notarization and receive the inheritance notarial certificate. When notarizing, the death certificate of the owner of the house, the list of legal heirs issued by the legal authority, and the will (if any) made by the original owner of the house must be provided, and the original will should also be submitted. If some of the legal heirs voluntarily renounce their inheritance rights, they must issue a certificate of renunciation of their property commitment.

Legal basisArticle 1163 of the Civil Code of the People's Republic of China Where there is both statutory inheritance and testamentary succession or bequest, the legal heirs shall pay off the taxes and debts that the decedent shall pay in accordance with law; The part exceeding the actual value of the statutory inheritance shall be repaid by the testamentary heirs and legatees in proportion to the inheritance.

No problem, this can be investigated, and this does not need to be public, you can open the hall to find this agreement, you can go to the society to see the divorce agreement, and you can copy it and bring it out.

If the father dies, the child has the right to go to the Archives to investigate the parents' divorce agreement. In order to know the content of the divorce in the original agreement.

If your father dies, the children can of course go to Anda Hall to investigate the parents' divorce agreement. Let's see how it's agreed.

OK. Because it involves inheritance. Generally, it is to check at the marriage registration office of the Civil Affairs Bureau.

Yes, as long as the formalities are complete and you have your parents' ID cards. There are also divorce certificates.

You can try it, it should be possible, you can take the household registration book and read it.

Already divorced? It is estimated that it is difficult, it is okay for a short time, but it is difficult to say for a long time, you can ask.

Absolutely! It is stipulated in the laws and regulations! Is the son the first heir?

When the father dies, can the children go to the archives hall to investigate the parents' divorce agreement? OK.

You can go to the local police station to ask for help, explain the origin, I think the police uncle will receive you warmly. You can go to your village (street) or neighborhood committee to open a certificate. If you really can't do it, you have to goJudicial interpretationsThe road up.

It's for paternity testing.

You can go to a notary public.

Handle kinship.

For notarization, the following materials need to be submitted:

1. Applicant's resident ID card and household registration booklet.

If the applicant has already cancelled his or her household registration, it shall be submitted to the public security organ at the place of his or her original household registration.

Proof of family registration issued.

2. If the applicant has no personnel department in the unit where the applicant is located, the certificate of kinship issued by the applicant's unit or the competent department at a higher level shall issue a certificate of kinship to the person who has no work unit, and the certificate of kinship between the person and the person who is related to the person in the neighborhood (township or town) shall issue a certificate of kinship between the person and the person who has a relationship with him/her.

3. If you entrust another person to handle the notarization on your behalf, you should submit a power of attorney.

and his/her national identity card.

4. The related person needs to submit a resident ID card, household registration booklet, or passport, pass and other certificates that can prove his identity5. Notary public.

Other documents and supporting materials that should be submitted.

Notarization Law of the People's Republic of China.

Article 11 According to the application of natural persons, legal persons or other organizations, notary public shall handle the following notarization matters:

1. Contract. 2. Inheritance.

3. Entrustment, declaration, gift, will.

4. Division of property.

5. Bidding and bidding, auction.

6. Marital status, kinship, adoption.

7. Birth, survival, death, identity, experience, education, degree, position, title, and whether there is a criminal record.

8. Articles of Association.

9. Preserve evidence. Pure Bright Waiter.

10. The signature, seal, and date on the document, and the copy and photocopy of the document are consistent with the original.

11. Other notarization matters voluntarily applied for by natural persons, legal persons or other organizations.

I was only 3 years old when my father died in the line of duty, and my mother remarried. Grandma didn't know why, and she never let me know the truth. It's been 46 years now, and I'm the head of the household independently, so how can Li Zhaoyu prove that my dad is my dad.

Legal analysis: It can be found that if it is a divorce by agreement, go to the Civil Affairs Bureau to investigate the failure, and if it is a court judgment, go to the court to investigate. Divorce by agreement is one of the divorce methods in China, which refers to the voluntary divorce of both parties to the marriage, and at the same time reach a consensus agreement on the division of property, child support and other issues after the divorce, and it has legal effect after the divorce registration is handled by the marriage registration authority.

The clauses in the divorce agreement on the division of property or the agreement reached by the parties on the division of property as a result of the divorce are legally binding on both the man and the woman.

Legal basis: Civil Code of the People's Republic of China

Article 1: Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1077:Within 30 days of the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078 Where the marriage registration authorities find that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.