Will the 2021 divorce law be invalidated if you don t go through it one month later?

Updated on healthy 2024-03-20
26 answers
  1. Anonymous users2024-02-07

    There is no divorce law in 2021, what you are talking about is according to the provisions of the Civil Code. The Civil Code does have similar provisions. If you want to get a divorce, you need to go to the marriage registration office first.

    If the husband and wife do not apply for a divorce certificate in person at the marriage registration authority within 30 days after the expiration of this period, the divorce registration application will be deemed to be withdrawn, in which case your original application will be invalidated. You will need to re-register and wait another 30 days.

  2. Anonymous users2024-02-06

    If the deadline is one month, of course it will be invalid if you don't go through it.

  3. Anonymous users2024-02-05

    The new Civil Code stipulates that if both parties apply for divorce by mutual agreement and do not apply for divorce again after the one-month cooling-off period, the original divorce application shall be invalidated.

  4. Anonymous users2024-02-04

    One month is handled within one month after the cooling-off period, and if you do not go through it within this month's processing period, it will be invalidated, and if you want to divorce, you have to apply for the procedure again.

  5. Anonymous users2024-02-03

    In this case, I don't think it will be invalidated, as long as you sue it, it will not be invalidated, but now it has not been handled in time due to some reasons.

  6. Anonymous users2024-02-02

    In 2021, the divorce certificate could not be completed in one day. Because according to Article 1077 of the Civil Code of the People's Republic of China, which came into force on January 1, 2021, "within 30 days from the date of receipt of the divorce registration application by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the divorce registration application to 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certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn. In other words, to register a divorce in 2021, you need to go through a 30-day cooling-off period for divorce, and then both parties need to apply for a divorce certificate at the marriage registration authority within 30 days after the cooling-off period expires, otherwise you cannot go through the divorce procedures.

    Tips: Whether it is to apply for divorce registration or to apply for the issuance of a divorce certificate, both parties need to go to the marriage registration authority in person. In addition, when registering the divorce, both parties are also required to submit a divorce agreement signed by both parties through consultation, which must indicate the intention of both parties to divorce voluntarily and the agreement reached by both parties on divorce matters such as child support, property division and debt bearing.

    [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 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.

    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:Where the marriage registration authorities ascertain 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.

    Article 1080:Marriage is dissolved when the registration of divorce is completed, or when the divorce judgment or mediation document takes effect.

  7. Anonymous users2024-02-01

    China Jilin Net.

    2020-12-29 ยท The official account of Jilin.com, China.

    Civil Code of the People's Republic of China" will come into force on January 1, 2021.

    On the morning of December 29, the Jilin Provincial Department of Civil Affairs interpreted the implementation of the relevant marriage registration provisions in the Civil Code of the People's Republic of China.

    Paragraph 1 of Article 1052 of the Civil Code stipulates: "Where a marriage is entered into under duress, the coerced party may apply to the people's court for annulment of the marriage. "Therefore, the marriage registration authority will no longer accept applications for annulment of marriages due to coercion.

    The divorce registration procedure was thus adjusted.

    In accordance with Articles 1076, 1077 and 1078 of the Civil Code, divorce registration shall be handled in accordance with the following procedures:

    a) Application. Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement, jointly submit an application to the marriage registration authority with jurisdiction, and provide relevant documents and supporting materials.

    2) Acceptance. In accordance with the relevant provisions of the "Marriage Registration Work Specifications", the marriage registrar shall conduct a preliminary examination of the materials submitted by the parties. After the marriage registrar has made a preliminary examination of the documents and supporting materials submitted by the parties, he or she shall issue a "Receipt of Acceptance of Divorce Registration Application".

    Where the requirements for applying for divorce registration are not met, it will not be accepted. Where a party requests the issuance of a "Notice of Inadmissibility of an Application for Divorce Registration", it shall be issued.

    3) Cooling-off period. Within 30 days from the date on which the marriage registration authority receives the application for divorce registration and issues the "Receipt of Acceptance of Divorce Registration Application" to the parties, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority that accepts the application for divorce registration with his or her valid identity document and the "Receipt of Acceptance of Divorce Registration Application", and fill in the "Application for Withdrawal of Divorce Registration" in person. After verification by the marriage registration authority, the Confirmation Form for Withdrawal of Application for Divorce Registration shall be issued, and the Application for Divorce Registration, the Application for Withdrawal of Divorce Registration and the Confirmation Form for Withdrawal of Application for Divorce Registration (Stub Copy) shall be filed together.

    If both parties fail to jointly apply for a divorce certificate at the marriage registration authority within 30 days after the expiration of the cooling-off period for divorce, the application for divorce registration shall be deemed to have been withdrawn.

    iv) Review. Within 30 days after the expiration of the cooling-off period for divorce (or if the last day of the period is a holiday, the first day after the holiday shall be the date on which the period expires), both parties shall jointly apply to the marriage registration authority for the issuance of a divorce certificate with the documents and materials specified in Article 55 (4) to (7) of the Marriage Registration Work Specifications.

    The marriage registration authorities shall carry out and review the marriage in accordance with the procedures and conditions stipulated in Articles 56 and 57 of the Marriage Registration Work Specifications. Marriage registration authorities will not handle divorce registration if they do not meet the requirements for divorce registration. Where a party requests the issuance of a "Notice of Refusal to Handle Divorce Registration", it shall be issued.

    5) Registration (issuance). In accordance with the provisions of Articles 58 to 60 of the Marriage Registration Work Specifications, the marriage registration authorities shall register and issue divorce certificates.

  8. Anonymous users2024-01-31

    The 2021 Divorce Law sets a cooling-off period for divorce, and it takes one month before both parties can go to the Civil Affairs Bureau to go through the divorce procedures after registering the divorce.

    If you register and don't go through it after a month, it will be automatically invalidated.

  9. Anonymous users2024-01-30

    The divorce law in 2021 is one month, if you don't go through it, this is definitely nothing, and it will be invalid if you exceed this time limit, and you need to file it again.

  10. Anonymous users2024-01-29

    Will the 2021 divorce law be invalidated if you don't go through it one month later? One month after the 2021 divorce law, if you don't go through it, you will automatically get divorced.

  11. Anonymous users2024-01-28

    If the divorce law in 2021 is not handled one month later, then it will be automatically invalidated, so if the court comes down to this time limit, it must be handled within this time, otherwise his will be invalidated.

  12. Anonymous users2024-01-27

    In fact, one month after the 2021 divorce law was announced, if it is not handled again, it will definitely be invalidated, so the best way should be handled as soon as possible, otherwise it will be affected.

  13. Anonymous users2024-01-26

    One month after the 2021 divorce law, if you don't go through it, this should be invalidated.

  14. Anonymous users2024-01-25

    At present, if the parties divorce, there is a three-month cooling-off period, so if you do not go through it after the time, it will be automatically invalidated.

  15. Anonymous users2024-01-24

    It will not be invalidated, because we all know that since you have entered the divorce process, then all your obstacles will enter this process, even if you don't go for a month. and produce invalidation.

  16. Anonymous users2024-01-23

    One month after the 2021 divorce law, if you don't go through it, of course it won't be invalidated, because as long as we know about this law, there will be no problem, so you can say that there is no problem, and you can rest assured.

  17. Anonymous users2024-01-22

    According to the current understanding, if you don't go through the formalities for a month, you can only give up the idea of divorce by default. The civil affairs department may suspend this procedure.

  18. Anonymous users2024-01-21

    According to the new Civil Code, there is a one-month cooling-off period for divorce.

    The divorce application can be withdrawn within one month of filing the divorce application (divorce agreement).

    After one month, both parties confirm the divorce and can obtain a divorce certificate.

    After one month, if the parties do not go through the formalities, they will be treated as withdrawing the divorce application.

  19. Anonymous users2024-01-20

    If you do not go through the divorce one month after the divorce, it will not be invalidated, because both husband and wife will have a cooling-off period when they go to the Civil Affairs Bureau to go through the divorce procedures.

  20. Anonymous users2024-01-19

    If you don't go through the divorce procedures for a month, it won't be invalidated, and he can go through the formalities at any time when you go to the Civil Affairs Bureau.

  21. Anonymous users2024-01-18

    One month after the 2021 divorce law, if you don't go through it, will you cheat? This question can be found here, and the marriage registration authority will consult and understand it.

  22. Anonymous users2024-01-17

    After a month of divorce in 2021, if you don't go through it, will it be invalidated? Of course it won't be invalidated, as all of your files are already in the barrier.

  23. Anonymous users2024-01-16

    Divorce in 2021, if I have no way to handle it after a month, it should not be invalidated, as long as you go through the divorce procedures, it will not be invalidated.

  24. Anonymous users2024-01-15

    At present, the divorce law stipulates that the application for divorce registration is carried out, and then there is a cooling-off period of 30 days, and if you do not apply for a divorce certificate to the marriage registration authority after 30 days, it will be deemed to have withdrawn the application for divorce registration.

  25. Anonymous users2024-01-14

    I don't think the marriage law should support divorce at any time, but if two people really can't get together, I think after a month, if you go through it, it shouldn't be invalidated, but they don't want you to divorce.

  26. Anonymous users2024-01-13

    When you want to divorce in 2021, you can't divorce directly, and the law sets a cooling-off period for divorce. If the divorce is through litigation, then the divorce can only be obtained after a rough and quiet corresponding trial procedure, and the cooling-off period for divorce means that if one party regrets the divorce after the husband and wife agree to divorce, they can withdraw the divorce application within 30 days. The litigation divorce depends on the time of the court's scheduling, and it must be mediated, and the divorce will be carried out if it is not suitable.

    [Legal basis].Civil Code of the People's Republic of China Article 1077 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, it 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.

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