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Anonymous users2024-02-06Divorce by mutual agreement is applicable to couples who have agreed to divorce and have no dispute over divorce matters such as custody of children, division of property, and assumption of debts.
First of all, both parties should sign a divorce agreement, which should clearly state the parties' intention to divorce voluntarily and the opinions reached by both parties on divorce matters such as child support, property division and debt bearing.
Secondly, both parties should bring their ID cards, marriage certificates, household registration booklets, divorce agreements and other relevant materials to the local marriage registration authority in person to apply for divorce registration, and the marriage registration authority will review the materials submitted by both parties, and if the conditions are met, they will be registered.
Thirdly, within 30 days from the date of receipt of the divorce registration application, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the aforesaid time limit, both parties shall also 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certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
Finally, if the marriage registration authority finds that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposal, they shall register and issue a divorce certificate, and the marriage relationship between the parties shall be dissolved.
Tips: The divorce agreement is legally binding on both parties, and if there are loopholes in the divorce agreement, it is likely to have a huge impact on the future life of both parties, so it is recommended that both parties should have a professional lawyer to guide them when signing the divorce agreement to avoid damage to their legitimate interests.
[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 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. 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: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.
Article 1080:Marriage is dissolved when the registration of divorce is completed, or when the divorce judgment or mediation document takes effect.
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Anonymous users2024-02-05Divorce by mutual agreement must be registered. Divorce registration is a necessary procedure for both spouses to divorce voluntarily. It is handled by the marriage registration authorities in accordance with administrative procedures, and the specific steps are as follows:
1) Application: Article 10 of the Regulations on the Administration of Marriage Registration stipulates that when the parties agree to divorce, both parties must apply for divorce registration in person at the marriage registration authority where one party has a household registration, and shall not entrust another person**. Otherwise, the marriage registration authority will not accept the application.
2) Examination: When accepting the parties' application for divorce, the staff of the marriage registration administration shall explain the provisions of the Marriage Law and the Regulations on the Administration of Marriage Registration to the parties, and both parties shall truthfully ask questions from the marriage registration administrators.
3) Registration: Article 13 of the Regulations on the Administration of Marriage Registration stipulates that the marriage registration authority shall, after examination, register and issue a Divorce Certificate to the divorce application that complies with the Marriage Law and the Regulations on the Administration of Marriage Registration, and cancel the Marriage Certificate. The parties shall dissolve the relationship between husband and wife from the date of obtaining the divorce certificate.
According to Article 11 of the Regulations on the Administration of Marriage Registration, a Mainland resident who has registered for divorce shall present the following documents and supporting materials:
1) The person's household registration booklet and ID card;
2) The person's marriage certificate;
3) A divorce agreement signed by both parties.
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Anonymous users2024-02-041.Divorce by mutual agreement is a divorce method in which a man and a woman go to the marriage registration authority to dissolve the relationship between husband and wife after reaching a divorce agreement.
2.Divorce is an important legal act, therefore, both parties must apply for divorce registration in person at the marriage registration authority, and must not entrust others to handle it on their behalf.
3.According to the Regulations of the People's Republic of China on the Administration of Marriage Registration, if a mainland resident divorces by mutual agreement, he or she shall jointly go to the marriage registration authority where one of the parties has permanent residence to register the divorce. According to the provisions of the Interim Norms for Marriage Registration, divorce registration shall be handled in accordance with the procedures of preliminary examination, acceptance, examination and registration (issuance of certificates).
4.[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.
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Anonymous users2024-02-03Mainland residents who have registered for divorce shall present the following documents and supporting materials:
1) Household registration booklet and ID card;
2) Marriage certificate;
3) A divorce agreement signed by both parties.
iv). The two parties took the materials and went to the Civil Affairs Bureau together to go through the corresponding divorce procedures.
In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passes and identity cards, and overseas Chinese and foreigners shall also present their own valid passports or other valid international travel documents.
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Anonymous users2024-02-02What is the process of an uncontested divorce.
Divorce registration shall be handled in accordance with the procedures of preliminary examination, acceptance, examination, registration (issuance).
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 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, 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. Issue a divorce certificate.
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Anonymous users2024-02-015. Issue the divorce certificate to both parties to the divorce, and announce to both parties: obtain the divorce certificate and dissolve the relationship between husband and wife.
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Anonymous users2024-01-31The process of divorce by agreement is as follows: 1. Both parties sign a written divorce agreement and bring their ID cards, household registration booklets, and marriage certificates; 2. Then jointly go to the marriage registration authority where one of the parties has permanent residence to register the divorce; 3. The marriage registration authority shall first review both parties; 4. For those who pass the examination and meet the conditions for divorce, they will be registered and issued a divorce certificate. The divorce agreement shall clearly state the intention of the parties to divorce voluntarily and the opinions of consensus on matters such as child support, property and debt disposal.
[Legal basis].Article 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 registration authority.
The divorce agreement shall clearly state the parties' intention to divorce voluntarily and their opinions on matters such as child support, property, and debt handling.
In the marriage relationship, when the relationship between the husband and wife breaks down and the husband and wife decide to divorce, many people take the form of divorce by agreement by both parties to go to the Civil Affairs Bureau to register the divorce, which is relatively fast as long as the two parties can reach an agreement. But in many cases, both parties have to change the divorce agreement after the divorce, so change the divorce agreement to **? A divorce agreement is an agreement reached by the husband and wife on child support and property division, and the agreement is valid as long as it is the true expression of the intention of the husband and wife and does not violate the mandatory provisions of the law. >>>More
The divorce agreement is a written material that must be submitted when both parties agree to divorce, which generally needs to be drafted after consultation between the two parties, and signed and confirmed by the Civil Affairs Bureau in front of the staff. The agreement needs to consist of three parts, the first part is the voluntary divorce of both parties; The second part is who owns the custody of the child, the amount, scope, payment method, method of exercising the right of visitation, time, special agreements for winter and summer vacations, etc.; The third part is the division of property, which is determined according to the type of property, for example, the first item is real estate, followed by the types of property such as cars, deposits, insurance, bonds, creditor's rights and debts, etc. The divorce agreement needs to focus on the parts that are particularly prone to disputes according to the focus of the dispute between the parties, and make an agreement according to the specific circumstances of both parties to avoid future legal risks. >>>More
In a court divorce, the court will naturally review the property status of the parties. In the trial, many parties delayed the trial because they did not understand the status of the common property, and even caused a second time, which increased their own litigation burden and also affected the efficiency of the court's case handling. Therefore, it is necessary to go to the court for divorce and make a property inventory. >>>More
The procedures and documents required for an uncontested divorce are: >>>More
If both parties want to divorce by agreement and go to the Civil Affairs Bureau for divorce, you need to bring the following documents, first, the ID cards of both parties, the household registration book of the second party, the marriage certificate of both parties, the fourth, the divorce agreement reached by both of you, and the fifth, which is the ** of the single person.