What constitutes a complete divorce? Is it necessary to have a divorce agreement? 5

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 or a woman requests a divorce, the relevant departments 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. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts; (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. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

2 cases. 1. Both parties voluntarily signed a divorce agreement and went to the Civil Affairs Bureau to obtain a divorce certificate.

2 The court decreed the divorce according to the content of the judgment divorced.

Legal Analysis: Not counted. Divorce agreement refers to the written agreement signed by the husband and wife who are about to dissolve the marriage relationship on the division of property, child custody and visitation, spouse alimony and child support, etc., the divorce agreement must be in written form, signed by both husband and wife, and approved by the marriage registration management department, and the divorce certificate is issued before the divorce certificate is issued.

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

Article 1076: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 authority. 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 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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 a divorce lawsuit, 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 100085:After a divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

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.

Divorce by agreement, also known as voluntary divorce or registered divorce, is called voluntary divorce between the parties in China's Marriage Law, which refers to the divorce method in which the marriage relationship is dissolved due to the agreement of both parties. Divorce by mutual agreement is only a divorce agreement signed by both husband and wife, and it is not a divorce in the legal sense. A divorce agreement is an agreement between husband and wife on the division of property, child support, etc., which must be signed by both husband and wife in writing and approved by the marriage registration management department before it has legal effect.

According to the latest marriage registration regulations, a divorce agreement signed by both parties must be issued when going through divorce procedures, which should contain the consensus on matters such as child support, property division and creditor's rights and debts. According to the Marriage Registration Regulations, a resident who has registered for divorce may bring his or her household register, identity card, marriage certificate and divorce agreement to the marriage registration authority in the place where one of the parties has permanent residence. The premise of this kind of handling is that both parties have signed the divorce agreement, and the legal consequence is to make the validity of the divorce recognized by the state organ through administrative means, and the divorce agreement is binding on both parties, and if one party does not perform the divorce agreement in the future, the other party needs to file a lawsuit in the people's court again, and then make a judgment after the people's court hears it, so that the parties can only be urged to perform, if one party still does not perform, it can only apply to the people's court to apply for compulsory enforcement of the content of the judgment.

To sum up, divorce by agreement is not a divorce in the true sense, and it has legal effect only after it has been approved by the relevant departments. Legal basis: Article 10 of the Marriage Registration Regulations provides that if a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce.

Article 11 of the Marriage Registration Regulations stipulates that a Mainland resident who has registered a divorce shall present the following documents and supporting materials: (1) his/her household registration booklet and identity card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties.