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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.
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It is necessary for both parties to reach a consensus on issues such as child support and property division, postpone the banquet, and then write a divorce agreement, and go to the civil affairs department where the husband and wife are registered to handle the registration of Zhaoyin, and the divorce certificate can be obtained after a one-month cooling-off period.
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In the case of a complete breakdown of the relationship between the husband and wife, Meng Shuyin can divorce by agreement, and if the agreement is reached, the divorce formalities can be handled at the civil affairs department of the place of household registration of either party (the lawyer can assist in the preparation of the divorce agreement); If the agreement fails, either party can file for divorce with the court of the other party's place of household registration or habitual residence, and the certificate of habitual residence is generally a residence permit valid for more than one year, or a residence certificate can also be issued by the neighborhood committee. If there are children who need to be carefully searched and resolved, the child under the age of two will generally be awarded to the woman, and the child over the age of ten will consider the child's own wishes. One party raises the child, and the other party pays child support, which is generally 20%-30% of the monthly income; Where there is a property dispute, the property acquired after marriage is generally divided equally.
If one party has domestic violence, abuse, bigamy, abandonment, alcoholism, gambling or other vices that cause damage to the other party, the party is at fault, and the other party may claim compensation.
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1. My marriage certificate; 2. Dust molds of different residents: (1) Household registration booklet and ID card of mainland residents; (2) Overseas Chinese People's Republic of China passport and permanent residence permit (green card); (3) Hong Kong Identity Card for Hong Kong Residents, Mainland Travel Permit for Hong Kong Residents or Home Return Permit for Hong Kong Compatriots; (4) Macao Resident Identity Card for Macao Residents, Mainland Travel Permit for Macao Residents or Home Return Permit for Hong Kong Compatriots; (5) Valid passport or other valid international travel documents of the foreigner; 3. The divorce agreement signed by both parties (in triplicate); 4. Both parties shall each submit two 1-inch single recent frontal semi-cultivation postures without hat** 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 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 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 78 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.
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After the cooling-off period is implemented, there are two steps to register a divorce:
Step 1: Application for divorce registration.
The materials required for the Beijing area are:
1. ID cards of both parties.
2. The household registration books of both parties.
3. ** of both parties.
4. Marriage certificate of both parties.
5. Divorce agreement (blank printed version).
After the registration is completed, the Civil Affairs Bureau will give you a receipt of acceptance.
Step 2: Obtain a divorce certificate.
You still need to bring the above 5 materials again, and you must note that the divorce agreement is an unsigned version, and you cannot sign it in private, but must sign it under the witness of the marriage registrar. A divorce certificate will be issued after the marriage registrar has verified that there are no errors.
Note: Both steps in Beijing require an appointment to be processed, so be sure to pay attention to whether an appointment is required. In addition, the Civil Affairs Bureau generally has **, it is recommended to call 114 in advance to check, and ** ask what you need, so as to avoid running away.
The divorce agreement is the most important in the process of registering a divorce, and it must be written well in advance to avoid property disputes after divorce due to unclear agreements.
Chen Beibei, the team of the Family Law Court.
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What formalities and materials are required for uncontested divorce?
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What are the formalities for a divorce by mutual agreement? First of all, the premise of divorce by agreement is that both parties need to agree, as long as both parties agree, then at any time they can agree to divorce, you need to prepare a divorce agreement, marriage certificate, the agreement needs to make a clear explanation of the division of family property and child support, and then go to the civil affairs department to handle it, and both parties must be present in person.
First of all, the premise of divorce by agreement is that both parties need to agree, as long as both parties agree, then they can agree to divorce at any time, and they need to prepare a divorce agreement and marriage certificate, and the agreement needs to make a clear explanation of the division of family property and child support, and then go to the civil affairs department to handle it, and both parties must be present in person.
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A household registration book is required for a divorce by agreement, and a household registration book is not required for a litigation divorce.
In the case of divorce by agreement, after negotiation between the two parties, go to the original marriage registration authority or the civil affairs department where either party is registered to go through the divorce formalities and receive the divorce certificate with the divorce agreement, marriage certificate and ID card of both parties; It can be done on the same day.
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After the husband and wife reach an agreement on issues such as property division and child support, the results of the negotiation shall be drafted in writing, and both husband and wife shall sign and approve it. Bring the marriage certificate, the household registration book and ID card of both husband and wife, and the size photos of each husband and wife to the marriage registration office to go through the divorce procedures.
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
The procedures and documents required for an uncontested divorce are: >>>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
First of all, the prerequisite for the divorce agreement to take effect must be that both parties have gone through the divorce procedures at the Civil Affairs Bureau. The agreement on personal relations, that is, the agreement on whether or not to agree to divorce, cannot be bound by a written contract, that is, the law will not interfere with the repeated changes in the expression of intent between the parties to agree to the divorce, but once the parties have registered the form, that is, the relevant divorce registration has been completed, the law will confirm the fact of divorce. However, if only the two parties agree in writing to go through the divorce procedures together, but one party repents, the law will not give the other party the right to enforce, nor will it grant the court the right of compulsory recognition. >>>More