Divorce Procedures 2021

Divorce process. 1) The parties submit certificates and supporting materials;

2) The marriage registrar checks the corresponding documents and supporting materials;

3) The marriage registrar shall explain to the parties the conditions of the Marriage Law on the registration of divorce;

4) The marriage registrar asks the parties about their willingness to divorce and their willingness to the content of the divorce agreement;

5) If both parties voluntarily divorce and reach an agreement on matters such as child support, property and debt handling, both parties shall fill in the Declaration of Application for Divorce Registration and sign it in front of the oath administerer;

6) Both husband and wife sign the divorce agreement in person; The Registrar of Marriages is the Commissioner of Oaths. One copy of the agreement for each spouse and one copy for filing at the Marriage Registry;

7) The marriage registrar shall review the documents submitted by the parties, the declaration of application for divorce registration, and the divorce agreement, and if the conditions for divorce are met, fill in the "Divorce Registration Review and Processing Form" and the divorce certificate;

8) Issuance of divorce certificate.

From January 1, 2021, China's divorce registration procedures have been revised from "preliminary examination-acceptance-examination-registration (issuance)" to "application-acceptance-cooling-off period-review-registration (issuance)". The specific procedures are as follows:

1. Application. If the husband and wife divorce voluntarily, they shall sign a written divorce agreement, jointly apply to the marriage registration authority with jurisdiction, and provide relevant documents and supporting materials;

2. Acceptance. In accordance with the relevant provisions of the "Marriage Registration Work Specifications", the marriage registration authorities shall conduct a preliminary examination of the above-mentioned materials submitted by the parties. After the marriage registration authority has made a preliminary examination of the documents and supporting materials submitted by the parties, it shall issue a receipt of acceptance. where the requirements for divorce registration are not met, it will not be accepted;

3. Cooling-off period.

Within 30 days from the date on which the marriage registration authority receives the application for divorce registration and issues the receipt of acceptance to the parties, if either party is unwilling to divorce, he or she may apply for revocation. If both parties fail to jointly apply for a divorce certificate at the marriage registration authority within 30 days after the expiration of the divorce cooling-off period, the application for divorce registration shall be deemed to have been withdrawn;

4. Review. Within 30 days after the expiration of the cooling-off period for divorce, both parties shall jointly apply to the marriage registration authority for the issuance of a divorce certificate with the documents and materials specified in Article 55 (4) to (7) of the Marriage Registration Work Specifications. The marriage registration authorities shall conduct a review and refuse to handle those that do not meet the requirements for divorce registration;

5. Registration (issuance).

In accordance with the provisions of Articles 58 to 60 of the Marriage Registration Work Specifications, the marriage registration authorities shall register and issue divorce certificates.

2. What are the documents required for divorce procedures?

1. Bring your household registration booklet, ID card, marriage certificate, and divorce agreement signed by both parties, and jointly apply for divorce registration at the marriage registration authority where one of the parties has permanent residence, and after a 30-day cooling-off period, if it is determined that you want to divorce, go to the marriage registration again for divorce registration.

2. If the application is not made, it shall be deemed to have withdrawn the application for divorce registration. 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 disposition, they shall register and issue a divorce certificate.

Divorce procedures. If the two of you are divorced by agreement, go directly to the Civil Affairs Bureau to get the marriage certificate, and take the initiative to explain the situation to handle the divorce, and you can come out soon.

There are two types of divorce: divorce by mutual agreement and divorce by litigation.

1) Divorce by mutual agreement:

1. If the man and the woman divorce voluntarily, the parties shall submit their documents and relevant supporting materials and jointly apply for divorce at the marriage registration department where their household registration is located.

2. The marriage registrar will truthfully inform both parties applying for divorce registration of the conditions for applying for divorce registration in accordance with the provisions of the Marriage Law.

3. Ask both parties whether they have reached a consensus on the relationship with their children after the divorce and their obligations, such as parental support, child support, creditor's rights, debts and property disposal.

4. Both the man and the woman fill in the Declaration of Application for Divorce Registration and sign or press their fingerprints. The marriage registrar then examines the documents, supporting materials, divorce agreements, etc., submitted by both parties, and if the conditions for divorce registration are met, a divorce certificate is issued and the marriage certificate is cancelled.

2) Sue for divorce:

1. Entrust a lawyer to write a civil complaint; Clearly state the claim and the facts and reasons for the matter.

2. Prepare the evidence required for the lawsuit;

3. Submit the complaint and evidence to the court of competent jurisdiction and go through the formalities for filing the case in the case filing division.

4. If the court accepts the lawsuit, it needs to pay a fee.

5. After the court accepts the divorce lawsuit, it will schedule your case and send a copy of the complaint to the other party within the statutory time;

6. If you lose the first divorce lawsuit, you can sue for divorce again 6 months after the judgment takes effect.

Article 1076 of the Civil Code of the People's Republic of China [Divorce by Agreement] 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:[Divorce by Litigation]Where 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 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.

If two people agree to go directly to the civil affairs department, they can go to the court to sue for divorce.

Voluntary Divorce Process:

1. The parties submit certificates and supporting materials;

2. The marriage registrar checks the corresponding documents and supporting materials;

3. The marriage registrar explains to the parties the conditions for registering the divorce;

4. The marriage registrar asks the parties about their willingness to divorce and the content of the divorce agreement;

5. If both parties voluntarily divorce and reach a consensus on matters such as child support, property and debt handling, both parties shall fill in the Declaration of Application for Divorce Registration and sign it in front of the oath keeper;

6. Both husband and wife sign the divorce agreement in person; The Registrar of Marriages is the Commissioner of Oaths. One copy of the agreement for each spouse and one copy for filing at the Marriage Registry;

7. The marriage registrar shall review the documents submitted by the parties and the declaration of application for divorce registration, and if they are met, fill in the "Divorce Registration Review and Processing Form" and;

8. Issue a divorce certificate. The issuance of a divorce certificate shall be carried out in the presence of both parties in accordance with the following steps:

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

2) Inform the parties of the legal relationship after receiving the divorce certificate, the relationship with the children after the divorce, and the obligations to be fulfilled;

3) Witness the parties themselves to sign in the "Divorce Registration Review and Processing Form" in the column of the parties' signatures or fingerprints; Where the parties do not know how to write their names, their fingerprints shall be pressed.

4) Affix a strip-type seal on the marriage certificate of the parties, which is indicated"Both parties are divorced, and the documents are invalid. Marriage Registry"。The cancelled marriage certificate will be returned to the parties.

5) The divorce certificate will be issued to both parties to the divorce, and the divorce certificate will be announced to both parties: obtain the divorce certificate and dissolve the relationship between husband and wife.

Divorce process. 1) The parties submit certificates and supporting materials;

2) The marriage registrar checks the corresponding documents and supporting materials;

3) The marriage registrar shall explain to the parties the conditions of the Marriage Law on the registration of divorce;

4) The marriage registrar asks the parties about their willingness to divorce and their willingness to the content of the divorce agreement;

5) If both parties voluntarily divorce and reach an agreement on matters such as child support, property and debt handling, both parties shall fill in the Declaration of Application for Divorce Registration and sign it in front of the oath administerer; Buried segments.

6) Both husband and wife sign the divorce agreement in person; The Registrar of Marriages is the Commissioner of Oaths. One copy of the agreement for each spouse and one copy for filing at the Marriage Registry;

7) The marriage registrar shall review the documents submitted by the parties, the declaration of application for divorce registration, and the divorce agreement, and if the conditions for divorce are met, fill in the "Divorce Registration Review and Processing Form" and the divorce certificate;

8) Issuance of divorce certificate.

The divorce procedures in 2021 are as follows:

1. The parties submit certificates and supporting materials;

2. The marriage registrar explains to the parties the conditions for registering the divorce;

3. The marriage registrar asks the parties about their willingness to divorce and the content of the divorce agreement;

4. If both parties voluntarily divorce and reach a consensus on matters such as child support, property and debt handling, both parties shall fill in the Declaration of Application for Divorce Registration;

5. The marriage registrar shall review the documents submitted by the parties, the declaration of application for divorce registration, and the divorce agreement, and fill in the "Divorce Registration Review and Processing Form" and the divorce certificate;

6. Issue a divorce certificate to Whisper Shenhong.

Marriage Registration Work Specifications

Article 11. Marriage registration offices shall have independent places for marriage registration, and shall have waiting halls, marriage registration areas, divorce blind registration rooms, and archives. Marriage registration areas and divorce registration rooms may be combined into a corresponding number of marriage registration rooms.

Marriage registration venues shall be spacious, solemn, and tidy, with marriage registration bulletin boards.

Marriage registration offices must not be set up in the premises of institutions such as for wedding photography, wedding services, and medical treatment, and the above-mentioned service establishments must not set up registers in the marriage registration venues.

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1. Application. If the husband and wife divorce voluntarily, they should sign a written divorce agreement, apply to the marriage registration authority with jurisdiction with a valid certificate and supporting materials, and fill out the "Application for Divorce Registration" at the marriage registration authority.

2. Acceptance. The marriage registration office shall conduct a preliminary examination of the documents and supporting materials submitted by the parties, and after the preliminary examination is correct, issue a "Receipt of Acceptance of Divorce Registration Application". Those who do not meet the requirements for applying for divorce registration shall not be accepted.

Where a party requests the issuance of a "Notice of Inadmissibility of an Application for Divorce Registration", it shall be issued.

3. Cooling-off period. If either party to the divorce registration is unwilling to divorce within 30 days from the date on which the divorce registration party receives the "Receipt of Acceptance of Divorce Registration Application" (the period shall be calculated from the day after the marriage registration authority receives the application for divorce registration, and the last day of the period is a statutory holiday, the day after the end of the statutory holiday day shall be the last day of the period), if either party is unwilling to divorce, he or she may withdraw the divorce registration application to the marriage registration authority that accepts the divorce registration application with his or her valid identity certificate and other materials, and fill in the "Application for Withdrawal of Divorce Registration" in person. After verification by the marriage registration authority, the "Confirmation Form for Withdrawal of Divorce Registration Application" will be issued to Zhong Tsai.

If both parties fail to jointly apply for a divorce certificate at the marriage registration authority within 30 days after the expiration of the cooling-off period for divorce, the application for divorce registration shall be deemed to have been withdrawn.

4. Review. Within 30 days after the expiration of the cooling-off period for divorce (the period shall be calculated from the day after the expiration of the cooling-off period, and the last day of the period shall be a statutory holiday, the last day of the period shall be the last day of the period after the end of the statutory leave-off day), both parties shall jointly apply to the marriage registration authority for the issuance of a divorce certificate with the prescribed valid documents and supporting materials. In accordance with relevant provisions, the marriage registration authorities shall return to the bank to review the true wishes of the parties, the documents and certificates, and the divorce agreement.

Those who do not meet the requirements for divorce registration will not be handled. Where a party requests the issuance of a "Notice of Refusal to Handle Divorce Registration", it shall be issued.

5. Registration (issuance).The marriage registration authority shall register and issue a divorce certificate in accordance with the provisions of relevant laws and regulations.

Hello, if both men and women divorce voluntarily, they need to enter into a written divorce agreement and apply for divorce registration in person at the marriage registration office. If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached an agreement on matters such as child support, property and debt handling, they shall register the loss of rent and issue a divorce certificate. Legal basis:

Article 1076 of the Civil Code of the People's Republic of China Where a 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' intention to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

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The newly adjusted divorce registration procedures include application for vacancy, acceptance, cooling-off period, examination, registration (issuance of certificates), etc. 1. Application. Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement, jointly submit an application to the marriage registration authority with jurisdiction, and provide relevant documents and supporting materials.

2. Acceptance. The marriage registrar shall, in accordance with the provisions of the law, conduct a preliminary examination of the materials submitted by the parties, and accept the documents submitted by the parties. The marriage registrar shall conduct a preliminary examination of the materials submitted by the parties, and after the preliminary examination of the documents and supporting materials submitted by the parties, they shall issue a receipt of acceptance of the divorce registration application.

where the requirements for divorce registration are not met, it will not be accepted; Where a party requests the issuance of a "Notice of Inadmissibility of an Application for Divorce Registration", it shall be issued. 3. Cooling-off period.

Within 30 days from the date on which the marriage registration machine receives the application for divorce registration and issues the receipt of acceptance of the application for divorce registration to the parties, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority that accepts the application for divorce with his or her valid identity document and the receipt of acceptance of the application for divorce registration (if it is lost, it may not be provided, but a written explanation of the situation is required). 4. Review. Within 30 days after the expiration of the cooling-off period for divorce (or if the last day of the expiration of the period is a holiday, the first day after the holiday shall be the date on which the period expires), both parties shall jointly apply to the marriage registration authority for the issuance of a divorce certificate with the documents and materials prescribed by law.

The marriage registration authority shall examine the materials. Marriage registration authorities will not handle divorce registration if they do not meet the requirements for divorce registration. Where a party requests the issuance of a notice of delay in handling divorce registration, it shall be issued.

5. Registration (issuance).The marriage registration authority shall register and issue a divorce certificate.