If two people divorce by mutual agreement, how long does it take to get a divorce certificate?

Updated on society 2024-03-22
32 answers
  1. Anonymous users2024-02-07

    30 days.

    Legal basis: Article 1077 of the Civil Code of the People's Republic of China provides that within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

    A 30-day cooling-off period is required for a post-implementation divorce. The procedure for suing for divorce is as follows: the first stage: the prosecution stage, the second stage: the defense stage, and the third stage: the trial stage.

  2. Anonymous users2024-02-06

    Since the implementation of the Civil Code on January 1, 2021, there is a new provision for a cooling-off period for divorce, and the time for obtaining a divorce certificate has been extended. After the divorce agreement is prepared, both parties need to apply for divorce first, and after the application is accepted, they will go through a 30-day cooling-off period and then jointly apply for a divorce certificate within 30 days after the expiration of the cooling-off period. From this, it can be seen that at least 30 days have passed.

    According to Article 1000 of the Civil Code.

    Seven. Ten. 6. 1078 stipulates that in the case of voluntary divorce between husband and wife, both parties may apply for divorce registration after reaching a consensus on matters such as child support, property and debt handling, and after reaching a written divorce agreement, the marriage registration authority shall only register the divorce application and issue a divorce certificate if there is no dispute over the above-mentioned matters.

    First of all, the divorce agreement is a necessary document for divorce by mutual agreement, which takes effect from the date of completion of the divorce registration. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily, and the agreement on the handling of matters such as child support, property, and debts. It should be noted that if there is no fraud, coercion or other circumstances in the signing of the divorce agreement, it cannot be unilaterally reversed and revoked after the divorce.

    After preparing the divorce agreement, the husband and wife should apply for divorce registration with the marriage registration department in person and jointly apply for a divorce certificate, which is the procedure of application, acceptance, cooling-off period, examination and issuance of the certificate.

    According to Article 1077 of the Civil Code, the "cooling-off period" in the above procedure is 30 days. Either spouse may withdraw the divorce application within the cooling-off period or decide whether to apply for a divorce certificate after the cooling-off period expires. If the relationship between the two parties breaks down and the divorce is indeed desired, both parties should jointly apply for a divorce certificate within 30 days after the expiration of the divorce cooling-off period.

    If one party withdraws the divorce application within the cooling-off period or does not apply for a divorce certificate after the cooling-off period expires, the other party may choose to file for divorce if he or she insists on the divorce.

  3. Anonymous users2024-02-05

    It takes about a month to get it, because there is now a cooling-off period for divorce, which lasts for one month.

  4. Anonymous users2024-02-04

    If both people agree to divorce by agreement, and the divorce agreement has been signed, go to the Civil Affairs Bureau to register the divorce, and you can get the divorce certificate in one month at the earliest.

  5. Anonymous users2024-02-03

    No, it also takes 30 days to get a divorce certificate for a divorce by mutual agreement.

    In the case of divorce by mutual consent, if both parties have no disagreement and have expressed their intention to divorce by agreement. Both parties should register the divorce formalities with the Civil Affairs Bureau, which will generally not directly agree to the divorce application of both parties, but will set a cooling-off period for both parties to further preserve their marriage.

    1. There is a harmonious premise for divorce by mutual agreement. 2. The Civil Affairs Bureau will set up a 30-day cooling-off period.

    3. You can get the divorce certificate in 30 days at the earliest. To sum up, a divorce certificate cannot be obtained on the same day, and it takes 30 days at the earliest.

  6. Anonymous users2024-02-02

    Yes, you can usually get a divorce certificate on the spot, and there is no time gap.

  7. Anonymous users2024-02-01

    The time required for the divorce process varies depending on the circumstances, but in any case it will not be as simple as obtaining a divorce certificate in a matter of hours.

    If the divorce is a voluntary agreement, you can go to the marriage registry office to register the divorce together, and it seems that the procedures can be completed in half a day, but don't forget the time and effort spent on various procedures such as repeated arguments and negotiations in advance, and the division and delivery of property afterwards.

    In the case of a litigated divorce, the time required varies even more, ranging from three months to more.

    One or two years, or even longer. There are also disputes over property, child support, etc., even after five or six years of divorce, there are not a few people who are still in court against Bo Gonggong.

    Under normal circumstances, as long as the civil contract meets the conditions that should be met on the legal basis, the two parties can reach an agreement and become legally binding on both parties. However, divorce agreements involve personal relationships, which are different from ordinary civil contracts, and have special conditions for their validity. Although a divorce agreement has been signed, the divorce agreement has not been registered with the marriage registration authority, and the divorce agreement has not taken effect, and the parties to the divorce agreement are still husband and wife.

    Legal basis: Article 31 of the Marriage Law of the People's Republic of China.

    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.

  8. Anonymous users2024-01-31

    No, because there is a cooling-off period for divorce now, and only after the cooling-off period can you get a divorce certificate.

  9. Anonymous users2024-01-30

    If you divorce by agreement, you can get the divorce certificate within 30 days at the earliest.

    According to Article 1077 of the Civil Code implemented in 2021, if either party is unwilling to divorce within 30 days from the date of receipt of the divorce registration application by the marriage registration authority, he or she may withdraw the divorce registration application to 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 stipulates that if the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt handling, it shall register and issue a divorce certificate.

  10. Anonymous users2024-01-29

    It should be possible, as long as you sign the agreement and there are no disputes, and now there should be a month of freezing period.

  11. Anonymous users2024-01-28

    I couldn't get the divorce certificate on the same day. In the case of divorce by mutual agreement, there is a cooling-off period of 30 days after the divorce application is registered, and after the cooling-off period, both parties can jointly apply for a divorce certificate within 30 days.

  12. Anonymous users2024-01-27

    If two people agree to divorce, can they get a divorce certificate on the same day? How many days of cooling-off period should there be in the current divorce, and the divorce certificate should not be obtained on the same day, but it is not clear about the divorce by agreement.

  13. Anonymous users2024-01-26

    The current requirement is that both parties apply for divorce at the Civil Affairs Bureau, then submit the divorce agreement, and wait one month before they can get the divorce certificate

  14. Anonymous users2024-01-25

    If two people agree to divorce, can they get a divorce certificate on the same day? Personally, I don't know, whether it's right or not, pay attention to the reference, if two people have agreed to divorce, if there is no problem, I think you can get a divorce certificate. I don't know, right, thank you.

  15. Anonymous users2024-01-24

    The specific policies vary from place to place, but generally speaking, if you bring all the documents, you can get the divorce certificate on the same day. Some areas require an appointment in advance for divorce procedures, and if you do not make an appointment, you cannot handle it on-site, so you may not be able to get a divorce certificate on the same day.

  16. Anonymous users2024-01-23

    If two people agree to divorce, then you can go to the Civil Affairs Bureau to go through the divorce procedures on the same day. This is the same time you can get a divorce certificate.

  17. Anonymous users2024-01-22

    If two people agree to divorce, can they get a divorce certificate on the same day? Judging from the current situation, it shouldn't be, because the Civil Affairs Bureau has a cooling-off period for both parties, and it seems that it is a cooling-off period of one month or two months, and after the cooling-off period, if both parties still insist on the original opinion and ask for a divorce, then the civil affairs department will officially handle the divorce procedures for you.

  18. Anonymous users2024-01-21

    No. The Civil Affairs Bureau also has a cooling-off period, and for the first time, you will be asked to go back and think about it calmly, and then go through the procedures two months later.

  19. Anonymous users2024-01-20

    The divorce by mutual agreement generally takes one month to get the divorce certificate, and marriage is not child's play, so be cautious.

  20. Anonymous users2024-01-19

    Hello, if two people agree to divorce, you can get a divorce certificate on the same day, but you must make a careful decision to be correct!

  21. Anonymous users2024-01-18

    Definitely not. Even if both parties agree to divorce, they need to go to the Civil Affairs Bureau to register the divorce first. Later, according to the provisions of the Civil Code, it is necessary to go through a 30-day cooling-off period for divorce, and then both men and women go to the Civil Affairs Bureau at the same time to obtain a divorce certificate.

    Therefore, it is impossible for two people to get a divorce certificate on the same day.

  22. Anonymous users2024-01-17

    According to the provisions of the Civil Code, the divorce certificate cannot be obtained on the same day of divorce, and the two parties agree to divorce, and the two parties reach a divorce agreement and go to the Civil Affairs Bureau to handle the divorce certificate after a 30-day cooling-off period.

  23. Anonymous users2024-01-16

    No, there is a one-month cooling-off period for divorce now, and after one month, if you still adhere to the original point of view, you can apply for a divorce certificate.

  24. Anonymous users2024-01-15

    Now you can't get it, two people need to have a 30-day cooling-off period for divorce by agreement, and after the cooling-off period you still decide to divorce, then you can get the divorce certificate on the same day at the resident government department.

  25. Anonymous users2024-01-14

    Now it seems that it is not possible to get a divorce certificate on the same day, and now there will be a cooling-off period for divorce, and even if it is a divorce by agreement, you need to pass the cooling-off period before you can get a divorce certificate.

  26. Anonymous users2024-01-13

    If two people agree to divorce, they can't get the divorce certificate on the same day, and they need to spend a month of cooling-off period, and after a one-month cooling-off period, both parties still insist on divorce, indicating that the relationship is indeed broken and there is no room for recovery, so they can go through the divorce procedures and get the divorce certificate.

  27. Anonymous users2024-01-12

    Can I get a divorce certificate on the day of divorce? If two people agree to divorce, then, on the same day, in the divorce office hall of the Civil Affairs Bureau, you can get the divorce certificate, because his office hall can make a divorce certificate for you on the same day.

  28. Anonymous users2024-01-11

    Well, if there is an agreement between two people to divorce, it is always possible to get the divorce certificate on the same day, but under normal circumstances, you will be asked to come back to get it half a month later.

  29. Anonymous users2024-01-10

    Hello! Generally, the Civil Affairs Bureau will give you a one-month cooling-off period, and you can get a divorce if you can't get through it, but you can't get a divorce certificate on the same day.

  30. Anonymous users2024-01-09

    30 days.

    Legal basis: Article 1077 of the Civil Code of the People's Republic of China provides that within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

    A 30-day cooling-off period is required for a post-implementation divorce. The procedure for suing for divorce is as follows: the first stage: the prosecution stage, the second stage: the defense stage, and the third stage: the trial stage.

  31. Anonymous users2024-01-08

    Legal analysis: It takes 30 days to get a divorce certificate for a divorce divorce by mutual agreement. If either party is unwilling to divorce within 30 days from the date on which the marriage registration authority receives the application for divorce registration, the man and woman may withdraw the application for divorce registration from the marriage registration authority.

    Therefore, a divorce by agreement requires a 30-day cooling-off period before the divorce certificate can be obtained, and the marriage registration authority will not register the divorce without the cooling-off period for divorce.

    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 contain only the parties' intention to divorce voluntarily and the opinions on matters such as child support, property and debt disposition.

    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. Lead keys.

    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 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 1085:After divorce, where one party directly raises the children and destroys them, 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.

  32. Anonymous users2024-01-07

    It takes 30 days for a divorce by mutual agreement to get a divorce certificate.

    The divorce certificate can be completed in more than a month, and the parties need to sign the divorce agreement first, and if the two parties reach an agreement on the divorce matters and sign the divorce agreement, they can apply for divorce at the local marriage registration office. Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, the divorce registration application may be withdrawn from the marriage registration authority.

    Conditions to be met for divorce between husband and wife:

    1. Both parties must be persons with full capacity for civil conduct.

    2. In the case of divorce by agreement, appropriate and reasonable arrangements must be made for the custody and education of the children, and a consensus agreement must be reached.

    3. Both parties must have an agreement on divorce.

    4. Both men and women must have a legal identity as a virtual husband and wife.

    Divorce process:

    Accept applications from couples applying for divorce registration and verify the legal documents that should be submitted. 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. Inquire whether the content and intentions of the divorce agreement are consistent, and if there are objections, an agreement shall be reached through renegotiation.

    Inquire if there are any objections to the handling of child support, property, and debts, and if so, a new consensus should be reached. Fill out the "Declaration of Application for Divorce Registration" and sign or fingerprint in front of the marriage registrar. The parties read out the Declaration of Application for Divorce Registration in front of the marriage registrar and fill in the Divorce Registration Processing Form.

    The marriage registrar issues a divorce certificate to the parties applying for divorce registration after the above procedures have been completed. <>

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