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Chapter IV Divorce.
Article 31: Where both men and women divorce voluntarily, the divorce is 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.
Article 32: Where a man and a woman request a divorce, the relevant departments 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 should be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation of a person with a spouse;
2) Committing domestic violence or abusing or abandoning family members;
3) Those who have bad habits such as gambling and drug abuse that they do not change;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Article 33 The spouse of a serviceman on active duty who requests a divorce must obtain the consent of the serviceman, except where one of the servicemen is seriously at fault.
Article 34: The man shall not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.
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There is no new marriage law in 2016, and the condition for divorce is that the relationship has indeed broken down.
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Legal Analysis: There are two forms of divorce: divorce by agreement and divorce by litigation. The conditions for an uncontested divorce are:
Both the man and the woman must have legal conjugal status; There must be an agreement to divorce; Make appropriate and reasonable arrangements for child support, property and debts, and reach a consensus agreement. The conditions for divorce by litigation are: one of the spouses requests a divorce; The relationship between the husband and wife has indeed broken down and mediation has not been effective.
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' 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 domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.
1) The parties must be legal husband and wife and have full capacity for civil conduct. >>>More
The circumstances under which divorce is not allowed in the new Marriage Law include the following circumstances: >>>More
Divorce registration in the Mainland will be adjusted from the current four-step procedure of "preliminary examination-acceptance-examination-registration (issuance)" to a five-step procedure of "application-acceptance-cooling-off period-examination-registration (issuance)". Within 30 days after the expiration of the cooling-off period for divorce, both parties to the divorce registration shall jointly obtain the divorce certificate at the marriage registration office, and if they fail to do so within the time limit, the divorce application shall be deemed to have been withdrawn. >>>More
According to the provisions of the law, if a marriage is entered into due to coercion, the coerced party may request the marriage registration authority or the people's court to revoke the marriage. >>>More
Article 10 of Interpretation 3 of the Marriage Law stipulates that if one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce. >>>More