What are the things needed for divorce and what conditions are in place

There are two ways: the first one: divorce by mutual agreement. That is, the husband and wife can reach a consensus on issues such as child support, property division, creditor's rights and debts, etc., and they can go to the civil affairs department to handle divorce by agreement.

Information to be provided: 1. ID cards of both parties;

2. The household registration books of both parties

3. Marriage certificate.

4. Divorce agreement in triplicate.

5. Two recent one-inch bareheaded certificates.

It's just that the new Civil Code sets a one-month cooling-off period for both parties going through divorce proceedings from January 1, 2021.

The second way: If the husband and wife have a large disagreement on issues such as the division of child support and property, they can go through legal proceedings. In layman's terms, it is to ask a lawyer to file a lawsuit for divorce. This is also a relatively common way, and the information that needs to be provided can be provided according to the lawyer's request.

1. Methods and procedures for divorce: voluntary divorce by agreement between the two parties (application - examination - registration - issuance of divorce certificate. 2. The court sues for divorce (application, examination, acceptance, mediation, judgment. ）

2. Documents necessary for divorce: one (household registration book), two certificates (marriage certificate, ID card), one book (divorce agreement signed by both parties), two-inch single photo (two recent frontal color bareheaded two-inch single person**).

3. The latest Civil Code has new provisions on divorce: a 30-day "divorce cooling-off period" is added, the "husband and wife debt treatment" items in the Divorce Agreement are added, and the divorce period is increased.

When you get divorced, you need both parties to go together, with your household registration book, ID card, marriage certificate, divorce agreement, and you also need to take a photo.

Divorce requires the consent of both parties, there is a divorce agreement, and a marriage certificate, ID card, household registration book, but the condition of relationship breakdown must be met.

Divorce requires the consent of both of you, just bring your ID card, marriage certificate, household registration book or something.

Divorce by mutual agreement is a legal act of both parties, and according to the relevant provisions of the Civil Code and the Regulations on the Administration of Marriage Registration, the following conditions must be met for divorce by mutual agreement:

1) A man and a woman who divorce by mutual agreement must have legal husband and wife status.

2) The parties to a divorce by mutual agreement must be persons with full capacity for civil conduct.

3) The parties to a divorce by mutual agreement must have an agreement to divorce.

4) In the case of divorce by agreement, appropriate and reasonable arrangements must be made for the child's upbringing and education, and an agreement must be reached.

5) In the case of divorce by mutual agreement, the division of the joint property of the husband and wife must be properly handled.

6) Divorce by mutual agreement must be legal.

Only when a husband and wife meet the above conditions go through the divorce registration formalities in person at the marriage registration office can the marriage registration authority approve the registration, withdraw the "Marriage Certificate" and issue the "Divorce Certificate".

Article 1076 of the Civil Code stipulates:

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.

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 stipulates:

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.

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 provides:

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.

1. What are the conditions that must be met for divorce by mutual agreement.

Divorce by mutual agreement refers to the voluntary dissolution of the marriage relationship between a married man and woman, reaching an agreement on divorce-related issues, and applying for divorce registration with the marriage registration authority of the Civil Affairs Bureau, and the Civil Affairs Bureau will issue a divorce certificate to dissolve the marriage relationship.

To apply for a divorce by mutual agreement, the following conditions must be met:

1. Both parties are husband and wife legally registered with the Civil Affairs Bureau of China.

A man and a woman who have not registered their marriage cannot register for divorce. Whether it is a de facto marriage or an illegal cohabitation, it is up to the court to file a case. If a marriage is registered abroad, it cannot be divorced by agreement at the Civil Affairs Bureau of our country, and the divorce can only be handled through litigation.

If a foreign-related marriage is registered in China, it can be divorced by mutual agreement in China.

2. Both parties have reached an agreement on whether to divorce, property division, child support, creditor's rights and debts, etc., and signed the Divorce Agreement.

Both parties shall confirm in the agreement that they agree to the divorce, confirm what the joint property of the husband and wife is, and how to divide it; whether there are children or who will raise them, the amount of maintenance for the other parent and the length and manner of visitation for the non-child-raising parent; and whether there are claims and debts and the method of distribution. If there is no agreement on any of the above issues, a divorce by mutual agreement cannot be handled, and it is still a disputed divorce, and it is necessary to sue the people's court to deal with the disputed issues.

If a Chinese citizen and a foreign citizen register their marriage in China, they can apply for divorce by agreement at the place where the Chinese citizen's household registration is located. If the place of residence and the place of habitual residence do not match, you can only go to the place where the household registration is located.

2. What materials are required for divorce by agreement?

When applying for a divorce by mutual agreement, both parties need to provide the following documents:

1. My household registration book and ID card;

2. Marriage certificate;

3. Divorce Agreement signed by both parties;

4. Two personal bareheaded photos in the near future.

A unilateral divorce is a lawsuit for divorce. If you take a lawsuit to divorce, you need evidence that you have been separated for at least 2 years, and you are separated due to emotional discord. It is advisable to sue for divorce directly on the grounds of the breakdown of the relationship between the husband and wife.

Legally, two years of separation is a condition for a divorce to be granted, provided that there is evidence to prove that the separation has been two years.

The following conditions must be met for a divorce by mutual agreement: the husband and wife are legal husband and wife, and the husband and wife do not include a de facto marriage. circumstances such as illegal cohabitation; Both husband and wife should have full capacity for civil conduct; The husband and wife divorce voluntarily; The spouses enter into a written divorce agreement.

Litigation divorce requires that the relationship between the husband and wife has broken down before the people's court can grant the divorce. The above are the two conditions for divorce by agreement, and those who meet these two conditions can go to the local civil affairs bureau to register for divorce.

[Legal basis].Civil Code of the People's Republic of China Article 1076 [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' voluntary expression of intent to divorce and the consensus reached on matters such as child support, property, and debt handling.

Legal analysis: The conditions that need to be met for divorce are the breakdown of feelings between the parties, the ineffectiveness of mediation, and the situation of bigamy or cohabitation with others, domestic violence, gambling, drug abuse and other bad habits. If, after the court has granted a divorce, the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

Legal basis: Civil Code of the People's Republic of China

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 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 you want to divorce, first of all, the most important thing is that both parties must agree, and if both parties agree to it, you can bring your household registration book and the ID cards of both parties to the Civil Affairs Bureau to agree on divorce.