Can the divorce be handled on the same day, can I get the certificate?

The Marriage Law stipulates that divorce by mutual agreement means that the husband and wife divorce voluntarily and reach an agreement on child support and property division, and then go to the Civil Affairs Bureau to register the divorce and obtain a divorce certificate. Therefore, what is required for an uncontested divorce is that the time is mainly in the hands of the spouses. At the heart of a divorce by mutual agreement is that both spouses agree to the divorce and agree on child support and property division.

However, in practice, divorce by mutual agreement may reach an impasse for various reasons. At that time, it is necessary to rush to the court. If both spouses have agreed on all the contents of the divorce by mutual agreement, then the divorce by mutual agreement will take a short time and can be processed on the same day.

Therefore, the answer to the question "can it be done on the same day of divorce by mutual agreement" depends entirely on the negotiation process of the couple. Of course, in the process of handling, it is necessary to pay attention to bring the ID cards, marriage certificates, household registration books, divorce agreements, etc. of both parties, and then go to the marriage registration office where one party's household registration is located. Legal basis:

Chapter 6 of the Interim Norms for Marriage Registration Work The parties shall hold a divorce agreement when going through the divorce registration formalities, which shall contain the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt handling.

If the formalities are complete and there is no dispute, it can be completed on the same day.

Marriage Registration Ordinance

Article 10: Where a mainland resident voluntarily divorces, both men and women shall jointly go to the marriage registration authority for the place where one of the parties has a permanent residence to register for divorce.

Article 11 Mainland residents who go through divorce registration 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. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.

Legal Analysis: No. According to the latest provisions of the Civil Code, the cooling-off period for divorce is provided for 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 law, 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.

Legal basis: Article 1077 of the Civil Code of the People's Republic of China Within 30 days from the date of receipt of the application for divorce registration by the Hengling Prefecture of Marriage 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.

According to the latest law, there is a 30-day cooling-off period for both parties to divorce by agreement, so it takes at least 30 days to get the divorce certificate.

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

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. Vertical spikes.

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, Xiaoque shall be deemed to have withdrawn the application for divorce registration.

Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have already agreed on matters such as child support, property, and debt handling, they shall register and issue a divorce certificate.

Both parties can write the divorce agreement in advance, bring the relevant documents, and go through the divorce procedures and get the divorce certificate on the same day!

Divorce registration shall be handled in accordance with the procedures of acceptance, preliminary examination, examination, and registration (issuance of certificates).

1) The parties submit documents and supporting materials;

2) The marriage registrar shall inspect 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 their willingness to the content of the divorce agreement;

5) Where both parties voluntarily divorce and reach a consensus on matters such as child support, property and debt handling, both parties shall fill out the "Declaration of Application for Divorce Registration" and sign it in front of the oath supervisor;

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) Issuance of divorce certificates. The issuance of a divorce certificate shall be carried out in the presence of both parties in accordance with the following steps:

1. Verify the name, date of birth, and willingness to divorce with both parties;

2. Inform the parties of the legal relationship after receiving the divorce certificate, the relationship with the children after the divorce, and the obligations they should fulfill;

3. Witness the parties themselves to sign in the column of "Signature or Fingerprint of the Parties" in the "Divorce Registration Review and Processing Form"; Where the parties do not know how to write their names, their fingerprints shall be pressed.

4. Affix a strip-type seal on the marriage certificate of the parties, which indicates that "both parties are divorced, and the certificate is invalid." Marriage Registry". The cancelled marriage certificate will be returned to the parties.

5. 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.

If there is no divorce certificate for suing for divorce, only the divorce judgment is required. As long as the divorce judgment takes effect, it has the same legal effect as the divorce certificate, six months for the ordinary procedure of the first instance, three months for the summary procedure, three months for the summary procedure, and six months if the ordinary procedure is applied.

Code of Civil Procedure

Article 161:People's courts applying the simplified procedures to hear cases shall complete trial within 3 months of filing the case.

Article 163:Where, in the course of trial, people's courts discover that it is not appropriate to apply the simplified procedures in a case, they rule to change it to ordinary procedures.

Article 149:People's courts applying the ordinary procedures shall conclude trial within 6 months of filing the case. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

Yes, bring the marriage certificate, divorce agreement, and ID cards of both parties, go and take a photo, and then register, very quickly. You can do it on the same day.

If you divorce by agreement, you can get a divorce certificate on the same day.

Prepare the household registration book, ID card, **, and agreement, and you will get the small green book in about ten minutes at most.

It seems that this is the case, two people take the marriage certificate of the household registration book, as long as they go to the Civil Affairs Bureau, they should be able to handle it quickly.

No, go to the Civil Affairs Bureau to go through the formalities!

Legal Analysis: No. Only within 30 days after applying for divorce registration with the marriage registration authority can the divorce certificate be obtained and the divorce procedures can be completed.

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. 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.

Legal basis: Article 1076 of the Civil Code 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 1077 of the Civil Code: 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, the application for divorce registration may be withdrawn from the marriage registration authority. Within 30 days after the expiration of the time limit provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificateIf the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Can I get a divorce certificate on the same day for divorce by agreement?

Hello, no. According to the latest law, there is a 30-day cooling-off period for both parties to divorce by mutual agreement, so it takes at least 30 days to get the divorce certificate. Article 1076 of the Civil Code 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.

After the corresponding procedures are completed, the divorce certificate can be obtained on the day of divorce.

According to the relevant provisions of China's Civil Code, the collection of divorce certificates has certain rules, and can the marriage registration authorities collect the divorce registration on the spot?Please read below for more information on the above questions. The issuance of a divorce certificate by a husband and wife shall go through the following legal procedures:

1. Accept the applications submitted by the husband and wife who apply for divorce registration and verify the legal documents that should be submitted;

2. The marriage registration authority shall clearly inform the husband and wife who apply for divorce registration about the conditions for registering a divorce as stipulated in the Civil Code;

3. Inquire whether the content and intentions of the divorce agreement are consistent, and if there are objections, an agreement shall be reached through renegotiation;

4. Inquire whether there are any objections to the handling of child support, property, and debts, and if so, a new consensus shall be reached

5. Fill in the Declaration of Application for Divorce Registration and sign or fingerprint in front of the marriage registrar

6. The parties shall read out the Declaration of Application for Divorce Registration in front of the marriage registrar and fill in the Divorce Registration Processing Form. After the parties applying for divorce registration have completed the above procedures, the marriage registrar shall issue a divorce certificate in accordance with the following steps:

1. Verify the name, date of birth, and willingness to divorce with both parties again

2. The marriage registrar informs the legal relationship between the two parties, the relationship with the children and their respective obligations after receiving the divorce certificate

3. Sign or fingerprint on the "Divorce Registration Form". This column must be handled by the parties themselves, and shall not be handled by others

4. Cancel the marriage certificate of both parties and issue a divorce certificate;

5. Announce the dissolution of the relationship between the husband and wife.

The parties to the divorce can receive a divorce certificate on the spot.

No, there is a cooling-off period for registered (agreed) divorces, and it takes less than 30 days to go through the marriage registration procedures (to receive the divorce certificate).

No, after the promulgation of the Civil Code, there needs to be a one-month cooling-off period for divorce by agreement.

According to the current regulations, it is not possible to get a divorce certificate directly on the day of application.

A cooling-off period of one month is required before a joint divorce can be registered.

No, you can't get the divorce certificate on the day of the divorce.

Starting from the implementation of the Civil Code in 2021, there must be a one-month cooling-off period for uncontested divorce. After the cooling-off period, the divorce certificate can be obtained.

Not in accordance with the provisions of the Civil Code.

There is a one-month cooling-off period for uncontested divorce.

Therefore, it takes a month before you can get a divorce certificate.

No, the Civil Affairs Bureau will give both parties a cooling-off period to consider out of a cautious attitude, and if the cooling-off period is over, both parties still insist on divorce before issuing a divorce certificate.

Even if both parties agree to divorce by agreement, according to the current law, they must go through a one-month cooling-off period before they can get a divorce certificate.

Bring the divorce agreement of the marriage certificate with the ID card and household registration book, and both parties go to the divorce registration office of the Civil Affairs Bureau to apply for divorce, and then go to the Civil Affairs Bureau to obtain the divorce certificate after the 30-day cooling-off period has passed, if one party does not go, or both parties do not go, the divorce application will be automatically revoked, if you still want to divorce by agreement, then resubmit the application, and then wait for 30 days, or go to the court to sue for divorce.

Divorce by agreement cannot be obtained on the same day, because there is now a rule that no matter how the divorce is used, there must be a one-month cooling-off period!

No, according to the existing regulations, go to the Civil Affairs Bureau to go through the divorce procedures, there is a 30-day cooling-off period, and after the expiration of the 30-day cooling-off period, if the husband and wife still insist on divorce, the Civil Affairs Bureau will go through the divorce procedures according to the process to obtain the divorce certificate.

No, there is a cooling-off period for divorce now, and you will have to wait for a month after you submit the formalities, but if one party does not go to this matter, it will not be done.

The 2021 Civil Code stipulates that there needs to be a one-month cooling-off period for divorce by mutual agreement between husband and wife, so it is not possible to get a divorce agreement on the same day, as if it is the Civil Code that came into effect on October 1, 2021.

Hello! If you divorce by agreement, you will not be able to get a divorce certificate if you handle it on the same day. It needs to be delayed for a month, and both husband and wife should calm down and consider before deciding whether to divorce.

No, there is a cooling-off period for divorce by agreement, the period is 30 days, you can submit the divorce application first, and you can get the divorce certificate after 30 days.

Sorry, but the latest civil code law stipulates that there must be a cooling-off period for divorce. Therefore, even if you sign an agreement to agree to divorce, the court will not be able to make a judgment on the spot, and the civil affairs department may not necessarily. I will handle it immediately, so I will still call you back and continue to think about calming down for more than a month.

You can get the divorce certificate on the day of the divorce by agreement, and you can get the divorce certificate if there is no coordination and unreasonableness.