If both people agree to divorce, can they leave immediately?

Even if both parties agree to divorce and can reach a consensus through consultation, according to the legal provisions of the Marriage and Family Section of the Civil Code, they cannot be divorced immediately, and there needs to be a 30-day cooling-off period, and the procedure for divorce by mutual agreement is as follows:

If the two parties can agree on a divorce through negotiation, both parties need to bring their ID cards, household registration booklets, marriage certificates and other documents to the marriage registration office of one party's household registration to submit an application for divorce registration, and within 30 days after the expiration of 30 days, both parties will bring the above documents and the divorce agreement to the marriage registration office to go through the divorce registration procedures. If one party does not agree to the divorce after submitting the formalities, the divorce application can be revoked within 30 days after the application is submitted; It is also possible to not show up for the divorce formalities after 30 days, which will be regarded as the withdrawal of the divorce application.

If the parties cannot agree to divorce, either party can file a divorce lawsuit to dissolve the marriage through litigation.

Divorce is not agreed by both parties to leave immediately.

No. Zhu Zheyu, lawyer, Beijing Daming Law Firm.

If both parties agree to the divorce, it is not possible to leave immediately, because the cooling-off period system for divorce has been implemented after the implementation of the Civil Code. Therefore, only after the 30-day cooling-off period can the divorce be applied for and issued after the marriage is completed, and the divorce is completed at this time. If the thirty-day cooling-off period expires.

If both husband and wife agree to divorce, it will be easy to handle, and you can go through it as soon as the negotiation is completed. It seems that there is still a month of cooling-off period!

No, divorce is not an immediate divorce after both parties agree to divorce. Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

You can get a divorce, because if both people agree, you can take your ID card and household registration book to the civil affairs bureau to register for divorce.

In fact, both parties agreed to divorce, but there is still a one-month cooling-off period in the procedure, so that both parties can have a buffer time, and then they can officially handle it.

No, according to the law, there is a certain cooling-off period for divorce, and after the cooling-off period for divorce, both parties can leave if they insist on divorce.

Yes before, but now it is not possible, now there is a cooling-off period, after which you can go through the divorce procedures.

Not anymore, even if both parties agree to divorce, there needs to be a 30-day cooling-off period.

There is now a cooling-off period for divorce, and it is estimated that you will not be able to divorce until these 30 days have passed.

Legal Analysis: Yes. 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.

The law is based on the 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 at the marriage registration authority in person.

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 premature lead 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 both parties agree to divorce, they cannot divorce immediately, even if both parties are willing to divorce and choose to divorce by agreement, they must also be limited by the divorce cooling-off period, the divorce cooling-off period in China is 30 days, and the husband and wife can choose to go to the marriage registration authority to go through the divorce registration procedures after the 30-day divorce cooling-off period, and the formalities need to be handled within 30 days after the end of the divorce cooling-off period, not more than 30 days. If it is more than 30 days, it is considered that the divorce has been waived.

What are the formalities for divorce by mutual consent?

First of all, if both people agree to divorce, they must sign a divorce agreement first, and only after signing can they go through the divorce registration, and the specific steps when handling the divorce registration are as follows:

1. First of all, go to the marriage registration office where one party's household registration is located, and both parties must be present in person, which cannot be entrusted to others.

2. There are some supporting documents for the information brought, such as household registration certificate, ID card unit, or letter of introduction from the village committee, divorce agreement and marriage certificate.

3. After arriving at the marriage office, you need to fill in the relevant application form.

4. The staff will study the materials and supporting documents submitted by both parties for review, including whether they are legal husband and wife, whether both of them have full civil capacity, and whether the divorce is voluntary of both parties, and whether the content of the hand sail on the divorce agreement has been properly handled.

5. If the conditions are met, the divorce registration will be handled, and if the conditions are not met, the application will be returned.

Legal basis: Article 1077 of the Civil Code of the People's Republic of China [Cooling-off Period for Divorce] 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, he or she may withdraw the application for divorce registration from the marriage registration authority.

Legal analysis]: If two people negotiate a divorce, they can leave. According to the relevant laws of the state, if the husband and wife agree to disrupt the divorce, then it is sufficient to apply for divorce registration in person at the marriage registration office after signing the divorce agreement.

The divorce agreement should state that the issues of child support and property have been agreed upon, and then the divorce can be carried out in accordance with the law.

Legal basisArticle 1076 of the Civil Code of the People's Republic of China Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage banquet organ. The divorce agreement shall clearly state the intention of both parties to divorce voluntarily and the opinions of the parties on matters such as child support, property and debt disposal.

Legal analysis: if both parties agree to divorce, Ling Xicha can not divorce immediately, even in the case that both parties are willing to divorce and choose to divorce by agreement, but also subject to the divorce cooling-off period limit, in our country's divorce cooling-off period is 30 days, husband and wife after the 30-day divorce cooling-off period, if the willingness to divorce is still very resolute, then you can choose to go to the marriage registration authority to go through the divorce registration procedures, the formalities need to be handled within 30 days after the end of the divorce cooling-off period, not more than 30 days. If it is more than 30 days, it is considered that the divorce has been waived.

Mainland residents who have registered their divorce in accordance with the Marriage Registration Regulations shall present the following documents and supporting materials, including:

First, my household registration booklet, ID card, second, my marriage certificate, third, and the divorce agreement signed by both parties.

It should also be noted that to go through the divorce registration procedures, you need to bring more than one of the documents to the place where one of the men and women is registered, and you cannot apply for a divorce by agreement in a different place.

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' intention 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.

Where, within 30 days of 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, it shall be deemed to have withdrawn the application for divorce registration.

Article 1078:Where the marriage registration authorities ascertain 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.