What are the conditions for divorce under the Marriage Act?

Divorce by agreement:

1. Application conditions:

1. Both parties are legally registered husband and wife;

2. The divorce of both parties is completely voluntary;

3. Both parties have full capacity for civil conduct;

4. The parties have reached an agreement on matters such as child support, property and debt disposal;

5. The household registration of one or both parties is a permanent residence in the local jurisdiction;

6. Both parties must apply to the marriage registration authority at the same time, and shall not entrust others**;

7. The original documents provided by the parties must be legal, complete, true and valid.

Second, the handling materials:

1.Household register;

2.Identity card;

3.Marriage Certificate;

4.Divorce Settlement. (The agreement shall clearly state the parties' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and bond handling;

5.With the same background color, two frontal color bareheaded two-inch singles **.

III. Handling Procedures:

1.Both parties submit a written application for divorce and present their documents;

2.The parties reach a written agreement on the disposal of family property, child support, parental support, creditor's rights, debts and other issues;

3.Fill in the Declaration of Application for Divorce Registration and the Divorce Agreement;

4.Fill in the application for divorce registration and the marriage registration certificate processing form, and the registration authority will review it;

5.Obtain the Divorce Certificate.

Fourth, the collection procedure:

1) Accept applications submitted by couples applying for divorce registration and verify the legal documents they should submit;

2) The marriage registration authority clearly informs the husband and wife who apply for divorce registration about the conditions for registering a divorce as stipulated in the Marriage Law;

3) Inquire about whether the content and intentions of the divorce agreement are consistent, and if there are objections, they shall reach an agreement through renegotiation;

4) Inquire whether there are any objections to the handling of child support, property, and debts, and if so, a new consensus shall be reached;

5) Fill in the Declaration of Application for Divorce Registration and sign or fingerprint in front of the marriage registrar;

6) The parties shall read out the Declaration of Application for Divorce Registration in front of the marriage registrar and fill in the Divorce Registration Processing Form.

5. Distribution steps:

1) Verify the name, date of birth, and willingness to divorce again with both parties;

2) The marriage registrar informs him of the legal relationship between the parties after receiving the divorce certificate, the relationship between them and their children, and their respective obligations;

3) Sign or fingerprint on the "Divorce Registration Form". This column must be handled by the parties themselves, not by others**;

4) Cancel the marriage certificate of both parties and issue a divorce certificate;

5) Announce the dissolution of the relationship between husband and wife.

The Marriage Law provides for two types of divorce: (1) voluntary divorce by both parties; (2) Sue for divorce. Each of the two types of divorce has its own conditions.

1] [Voluntary divorce between the parties].

Article 31: Where 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.

2] [Sue for divorce].

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.

The Marriage Law mainly stipulates three conditions for suing for divorce, including general divorce conditions, divorce conditions involving military marriages, and divorce conditions under special circumstances for the woman.

General Conditions for Divorce].

Article 32, Paragraph 3: 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;

4) 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.

Conditions for divorce involving military marriages].

Article 33: The spouse of a serviceman on active duty must obtain the consent of the serviceman if he or she requests a divorce, unless one of the servicemen is seriously at fault.

Conditions for divorce under the special circumstances of the wife].

Article 34: A man may not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.

Divorce can be granted if both parties are in harmony.

If it is not possible to reconcile, a divorce can be sued on the following conditions:

1.bigamy or cohabitation of 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 have repeatedly taught and do not change;

4.Separated for two years due to emotional discord;

5.Other circumstances that lead to the breakdown of the relationship between the husband and wife.

6.Fertility disputes cannot be mediated.

Free consultation on matrimonial law.

Legal Analysis: The prescribed conditions for divorce are: (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.

[Legal basis].Article 1079 of the Civil Code of the People's Republic of China provides that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation 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 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.

The divorce rules of the marriage law can be queried on the marriage law, and the conditions for divorce can be queried by searching for the marriage law on the mobile phone, usually including the breakdown of the relationship between the husband and wife, the woman is not pregnant or breastfeeding, etc.

The provisions on divorce include: 1. The parties who want to dissolve the marriage relationship can apply for divorce through litigation divorce or divorce by agreement; 2. In the case of divorce by agreement, both parties shall sign a divorce agreement and reach a consensus on matters such as child support and property division; 3. In the case of divorce by litigation, it is necessary to prove that the relationship between the husband and wife has indeed broken down.

China's marriage law is based on the principle of freedom of marriage, and there are no conditions for divorce when Suichai, if the parties can go to the Civil Affairs Bureau to agree on a divorce because of emotional discord, if there is a dispute between the two parties, then go to the court to sue for divorce, which is not enough.

The marriage law has become invalid, and the legal conditions for divorce in the Civil Code are:

The marriage relationship is legal and valid, that is, the parties have registered their marriage or constituted a de facto marriage in accordance with the law;

Where divorce is agreed upon, a divorce agreement shall be concluded, and where a divorce is sued, a complaint shall be submitted to the people's court;

The relationship between husband and wife has indeed broken down;

Other conditions for a statutory divorce.

The current Marriage Law stipulates that divorce shall be granted to both men and women if they wish to divorce; Where a man or a woman requests a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with the people's court. Next, let me explain to you what the Marriage Law stipulates on the conditions for divorce.

1. What are the provisions of the Marriage Law on the conditions for divorce?

The current Marriage Law stipulates that the people's court shall conduct mediation when hearing divorce cases; If the relationship has indeed broken down and mediation fails, the divorce should be granted. In view of the need to clarify the specific circumstances of "the relationship has indeed broken down" in trial practice, the Supreme People's Court has issued a judicial interpretation in this regard.

Summarizing the practical experience of adjudication, the amendment to the Marriage Law provides the following supplementary provisions: the people's court shall conduct mediation when hearing divorce cases; In any of the following circumstances, if the relationship has indeed broken down and mediation fails, the divorce shall be granted:

1.committing domestic violence or abusing family members or abandoning family members;

2.bigamy or cohabitation with another person who has a spouse;

3.One party has gambling, drug addiction or other vices;

4.Separated for two years due to emotional discord;

5.Other circumstances that lead to a real 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.

2. On the upbringing and education of children from divorced families.

After the divorce of a husband and wife, it is a great harm to the body and mind of the minor children, and some parents relax or even ignore the education of their children, resulting in an increasing number of juvenile delinquency and delinquency, which has aroused the attention and concern of all sectors of society. On the basis of the provisions of the current Marriage Law, such as "parents still have the right and obligation to raise and educate their children after divorce" and other relevant legal provisions, the amendment to the Marriage Law adds a provision that after divorce, the parent who does not directly raise the child shall have the right to visit the child.

Where a parent visits a child and endangers the child's physical and psychological health, the right to visit may be suspended upon the judgment of the people's court.

3. On the division of property in the event of divorce.

In order to better reflect the principle of taking care of the rights and interests of the woman and the children in the event of divorce, as provided for in the current Marriage Law, and to take into account the fact that one of the parties is bigamy. Where divorce is caused by abuse, abandonment, or other such reasons, the principle of fault compensation for divorce shall be established, and the practical experience of the trial shall be summarized, and provisions shall be added in the amendment to the Marriage Law:

Vertical lWhere the husband and wife agree in writing that the property shall be owned by each other during the existence of the marital relationship, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they may request compensation from the other party at the time of divorce.

2.If a divorce is caused by bigamy, domestic violence, abuse of a family member, or abandonment of the family member, the innocent party has the right to claim damages.

3.At the time of divorce, if one party conceals, transfers, sells, or destroys the property jointly owned by the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, the people's court may impose sanctions in accordance with the provisions of the Civil Procedure Law. When dividing the joint property of the husband and wife, the party who conceals, transfers, sells, destroys the joint property of the husband and wife or falsifies debts may receive a small or no share.

After the divorce, if the other party discovers that the joint property of the husband and wife has been hidden, transferred, sold or destroyed, or that one party has forged debts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.