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Anonymous users2024-02-07Article 31 of the Marriage Law stipulates that divorce shall be granted if both a man and a woman divorce voluntarily. 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.
Divorce registration shall be handled in accordance with the procedures of preliminary examination, acceptance, examination, registration (issuance).
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Anonymous users2024-02-06Legal Analysis: Conditions: 1. The legal spouse who has gone through the marriage registration in accordance with the law; 2. The expression of intent of the spouses to reach an agreement on the divorce issue must be true and voluntary; 3. There must be legal requirements for the proper handling of children and property issues.
Procedure: 1. Both parties apply for divorce registration in person at the marriage registration authority where one party's household registration is located and submit relevant documents; 2. The staff of the marriage registration management authority shall conduct the examination. 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' 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 divorced marriage shall be permitted. If, after the people's court has ruled that divorce is not allowed, the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support.
The amount of the cost borne by the sedan car and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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Anonymous users2024-02-05Conditions for Divorce by Mutual Agreement:
1. The parties applying for divorce must be legal parties who have gone through the marriage registration.
2. The parties applying for divorce shall be persons with full capacity for civil conduct.
3. The application for divorce is an expression of the true intentions of the parties applying for divorce and bears the legal consequences.
4. The parties applying for registration of divorce shall reach an agreement on the joint property, creditor's rights, debts and the maintenance of children or assistance to the party in difficulty, and shall consciously fulfill such commitments.
5. Both parties must go to the marriage registration office in person to jointly file an application for registration of divorce.
Divorce by Mutual Consent Procedure:
The divorce registration procedure is divided into three steps: application, examination and registration.
1. Application. Both the divorcing man and the woman shall jointly go to the marriage registration authority for the place where one of the parties has permanent residence to register the divorce.
2. Review. The marriage registration authority shall, in accordance with the provisions of the Marriage Registration Regulations, examine the documents and supporting materials issued by the parties to the divorce registration and inquire about the circumstances of the first quarrel in accordance with the provisions of the Marriage Registration Regulations.
3. Registration. After examination, the marriage registration authorities shall register on the spot and issue a divorce certificate to those who meet the requirements and whose divorce is indeed voluntary, and who have reached a consensus on the handling of issues such as child support, property, and debts.
The procedures and documents required for an uncontested divorce are: >>>More
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
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
Q: I would like to ask which is simpler, divorce by agreement or divorce by litigation? Which is faster? >>>More
If the divorce agreement has been signed, but the divorce registration procedures have not been completed, then the divorce agreement has not taken effect, and the parties can re-agree on child custody, property division, and debt bearing, and redraft the agreement, which can be changed at this time. However, if both parties have already registered the divorce with the signed agreement, then the divorce agreement cannot be amended. However, where there is fraud, coercion, or other circumstances at the time of entering into a property division agreement, the man and woman may request to modify or revoke the property division agreement within one year of the divorce by mutual agreement.