What are the conditions for divorce under the latest marriage law?

1) The parties must be legal husband and wife and have full capacity for civil conduct.

1. Both parties to a divorce by mutual agreement shall have the status of legal husband and wife. Where divorce is handled by way of divorce by agreement, it is limited to the parties to the marriage relationship who have completed the marriage registration in accordance with law.

It does not include unmarried cohabitation and the relationship between a man and a woman who has a spouse illegally cohabiting with another person, nor does it include a man and a woman in a "de facto marriage" that has not been registered for marriage.

2. Both parties to a divorce by mutual agreement shall have full capacity for civil conduct. Only a person with full capacity for civil conduct can handle his or her own marital issues independently.

2) Both parties to a divorce by agreement must have a common will for divorce, and "mutual consent" is the basic condition for divorce by agreement, and the parties to a divorce by agreement should have the same intention to divorce.

This will must be true and not false; must have been made voluntarily and not as a result of fraud, coercion or material misunderstanding by the other party or a third party; There must be unanimity and not disagreement.

3) The issue of children and property has been properly handled, and the issue of children and property has been properly handled, which is a necessary condition for divorce by agreement.

If the parties to the marriage cannot reach an agreement on the issue of children and property after the divorce and deal with it appropriately, the divorce cannot be obtained through the marriage registration procedure, but only through the litigation procedure.

The divorce conditions in 2017 are the same as those in the past, and there is no new marriage law, which is just a misreading and mispronunciation.

The condition for divorce has always been that the relationship has broken down and that mediation has failed.

The Marriage Act stipulates the following conditions for divorce:

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.

Legal Analysis: The Marriage Law began to lapse in 2021 and was replaced by the Civil Code. The conditions for divorce are: 1. The husband and wife divorce voluntarily and sign a written divorce agreement. 2. One party files a divorce lawsuit with the court, and the relationship between the husband and wife breaks down, and the mediation is invalid.

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

Article 1076: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 is ineffective, 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 the 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 or more, and one party again initiates divorce proceedings, the divorce shall be granted.

According to Article 31 of the Marriage Law and Chapter III of the Regulations on the Administration of Marriage Registration for Divorce Registration, the following conditions must be met for divorce:

1. Both the divorced man and the woman must have legal husband and wife status.

Divorce is the dissolution of the filial piety of the parties to the relationship between husband and wife, therefore, both parties to the divorce by mutual agreement must have a legal relationship between husband and wife. The relevant provisions on divorce by mutual agreement do not apply to the dissolution of illegal cohabitation by parties who do not have the legal status of husband and wife.

If there is no "Marriage Certificate" or "Certificate of Relationship between Husband and Wife", indicating that they do not have a legal marital relationship, they cannot confirm their identity as husband and wife, and they cannot go through the divorce formalities.

2. Both parties must be persons with full capacity for civil conduct.

Divorce is an important civil legal act, and a registered divorce can only be carried out when both parties have full civil capacity. Where one or both parties have limited or no capacity for civil conduct, the marriage registration management organs will not accept it.

For the divorce of one of the husband and wife who is a person with no or limited civil capacity, it must be resolved in accordance with the litigation procedures and the legal **person** shall be litigated.

3. Both parties to the divorce must have an agreement on divorce.

The agreement of the parties to divorce is the most important condition for divorce by agreement. If one party does not wish to divorce, it cannot be handled according to this procedure. If both parties voluntarily divorce, they must be willing to dissolve the marriage relationship with each other from the hearts of both spouses and sincerely.

It is not a divorce in which both parties are angry or emotionally impulsive;It is not a divorce in which one party fraudulently or cajoled the other party into agreeing;Nor is it a divorce in which a parent or a third party coerces one or both parties to consent to divorce;It is not a fake divorce in which the parties maliciously collude for their own purposes or common purposes.

4. At the time of divorce, the division of the joint property of the husband and wife must be properly handled.

Property issues mainly refer to the division of joint property of the husband and wife, the repayment of joint debts, and the financial assistance to the spouse in difficulty during the divorce, especially the housing problem after the divorce. In dealing with these issues, the principles of equality between men and women, the protection of the legitimate rights and interests of women and children should be reflected, and due consideration should be given to the parent living with the minor children.

5. Divorce must be legal.

First of all, the motives and purposes of the divorce should be legitimate, and divorce cannot be used to circumvent the law and achieve other personal goals. Secondly, the content of the divorce agreement must comply with the law and policy, that is, the agreement on child support issues must be legal and must not affect the healthy growth of the children due to the divorce of the parents.

The agreement on property issues must also be lawful, and it cannot be used to infringe upon or deprive any of the parties of their property rights, nor can it be used to harm the property interests of the State, the collective, or third parties.

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".

Marriage law divorce has the following conditions, that is, if you have no feelings, you can directly go through the divorce procedures, or your auspicious property is half of the common, if you want to raise children, it depends on your economy, and Si Zen is not capable.

What are the conditions for divorce? If you have been divorced, first of all, you feel that the relationship is not harmonious, or you are fighting every day, and you are beating people with a few acres, which is a prerequisite for divorce. It's all for other people's own potatoes, and the other half can't get it.