How to prepare a divorce agreement, what procedures are required for divorce by agreement

For divorce by agreement, both parties only need to take the marriage certificate and ID card and go to the civil affairs department to handle it.

Both parties need to agree to the divorce and agree on property issues and child support.

The agreement is standardized in the civil affairs department, so it's good to get it.

Legal analysis: The procedures and materials required for divorce by agreement are as follows: 1. Prepare relevant documents; Household registration booklet, ID card [original and copy), marriage certificate (original and copy), foreigners, Hong Kong, Macao and Taiwan compatriots need to provide the following documents for divorce by agreement in China:

My valid passport or valid identity documents from Hong Kong, Macao and Taiwan are very large, and Hong Kong, Macao and Taiwan compatriots also need to provide valid travel documents such as Mainland Travel Permit or Home Return Permit. 2. Prepare relevant materials: two two-inch single recent half-length bareheaded ** divorce agreement signed by both parties (no signature, in triplicate), in the divorce agreement, it must be clearly stated that both parties are willing to divorce, and the double balance banquet party has reached an opinion on child support, property division and other issues, otherwise the divorce agreement is invalid.

3. The husband and wife shall go through the divorce formalities in person at the Civil Affairs Bureau where one of the parties has a permanent residence. 4. After verifying the facts, the staff of the Civil Affairs Bureau will withdraw the marriage certificate and issue a divorce certificate.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China 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.

The increasing divorce rate has made everyone pay more and more attention to divorce settlements. So what exactly should be written in the divorce settlement? How to write?

Many friends have consulted questions, so today Mr. Jing will answer the content of the divorce agreement for you. First of all, if you are going to write a divorce agreement, you should clarify what issues need to be dealt with in your marital relationship, so that you can clarify what should be written in the agreement. First, the voluntary dissolution of the marriage between the parties is inevitable.

Second, if there are minor children, who will raise them? How to give living expenses and how much? How to bear the education and medical expenses incurred in the future also need to be agreed upon by both parties.

The third point, on the issue of the division of property, is divided into positive property and negative property, such as debts. To whom and how to distribute these properties. The main three points are these, and if there are other issues between the two of you, you can also agree to abide by the divorce agreement by both parties.

Legal basis: Article 31 of the Marriage Law of the People's Republic of China provides that if a man and a woman divorce voluntarily, the divorce shall be granted. 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 can be divided into divorce by agreement and divorce by litigation, the former requires both parties to sign a divorce agreement and go to the Civil Affairs Bureau to register the divorce, and the latter requires one party to go to the court to sue for divorce, and the court will decide the divorce.

Male: Chen, born on the date of the year, current address: ID number:

Woman: Li, born on the day of the year, current address: ID number:

The man and woman registered their marriage at the Civil Affairs Bureau of the city (county) on xx-xx-xx, and gave birth to a daughter on xx-xx-xx and named Chen Xiao. Note: refers to emotional discord, etc.), voluntary divorce.

Based on the principle of consultation on an equal footing, mutual understanding and mutual accommodation, the two sides reached the following agreements:

1. The man, Chen, and the woman, Li, voluntarily divorced.

2. Chen Xiao, a daughter born in wedlock, is raised by the woman, and the maintenance payment and visitation methods are as follows:

1. The maintenance fee payable by the husband shall be RMB 2,000 per month from the date of signing this agreement until the age of 18.

2. The man shall deposit the maintenance fee into the bank account designated by the woman before the day of each month

3. The man visits his legitimate daughter Chen Xiao twice a month, and the specific method is that on the afternoon of the second and fourth Fridays of each month, the man's father and mother will go to the school to pick up Chen Xiao and take him back to the man's residence, and send Chen Xiao back to school on Monday morning. In the case of temporary or holiday visits, the two parties can negotiate one day in advance, and after reaching an agreement, the visit can be carried out according to the negotiated method.

3. Division of the joint property of the husband and wife:

1. Real estate: The current house (i.e., the city road number) purchased by the two parties in the name of the man after marriage is owned by the woman, and the two parties cooperate with each other to go through the registration procedures for the change of property rights. All taxes and fees to be paid for the registration of property rights change shall be borne by the man and the woman.

The party who obtains the ownership of the house shall give the other party economic compensation in RMB, which shall be paid within a few days from the date of signing this agreement.

The existing furniture and appliances in the house belong to the woman.

2. The property under the respective names of both parties, including but not limited to deposits, salary income, housing provident fund, etc., shall be owned by each party.

3. The creditor's rights and debts under the respective names of both parties shall be enjoyed and borne by each party.

4. Other private property (such as jewelry, clothing, etc.) in the names of both parties shall be owned by each party. The husband should move all his personal belongings from the current house before the date of registration of the divorce, otherwise he or she will be deemed to have given up.

5. Other matters of agreement:

This Agreement shall be executed in triplicate, one copy for each man and woman, and one copy for filing by the marriage registration authority, which shall have the same legal effect and shall take effect from the date of issuance of the Divorce Certificate by the marriage registration machine.

Male: Signature) Female: Signature).

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Hello, divorce is divided into divorce by agreement and divorce by litigation, so the procedure is different.

As long as the divorce agreement is signed voluntarily by both husband and wife, and the content does not violate the mandatory provisions of laws and regulations, it is valid, and the two parties shall register and file with the Civil Affairs Bureau when they divorce, and shall be binding on both parties.

The divorce agreement shall include 1. Information of both parties. 2. Make it clear that both parties are voluntarily divorced; How the property is distributed. 3. Child support, alimony and visitation rights.

4. Disposal of joint property of husband and wife. 5. Handling of husband and wife's creditor's rights and debts. 6. One party conceals or transfers the responsibility of the joint property of the husband and wife.

Paragraph 1 of Article 8 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that: "The clause on the division of property in the divorce agreement or the agreement between the parties on the division of property as a result of divorce shall have legal effect on both the man and the woman. ”

1. Materials required for divorce by agreement When divorce by agreement, both parties need to provide the following documents: (1) Mainlanders: 1. My marriage certificate 2. My household registration book, ID card Hualu.com 3. The "Divorce Agreement" signed by both parties 4. Two recent personal bareheads** (2) Foreigners, Hong Kong, Macao and Taiwan compatriots need to provide the following documents for divorce by agreement in China:

1. Two recent personal bareheads** 2. My valid passport or valid identity documents from Hong Kong, Macao and Taiwan, Hong Kong, Macao and Taiwan compatriots also need to provide valid travel documents such as mainland travel permits or home return permits 3. "Divorce Agreement" signed by both parties 4. My "Marriage Certificate" 2. Divorce by agreement 1. Both parties fill in the "Declaration of Application for Divorce Registration" and sign or press fingerprints; 2. Both parties sign the divorce agreement in person in front of the marriage registrar; 3. The divorced man and woman jointly apply to the marriage registration office of the district and county civil affairs bureau (or town people**) where one of the parties has permanent residence; 4. The marriage registration authorities shall examine the certificates, agreements, and supporting materials submitted by the parties to the divorce, and if the requirements for divorce registration are met, they shall be registered. The above is about the documents required for uncontested divorce and the procedure of uncontested divorce, I hope it will be helpful to you. If you are still unclear about the details of this question, you can consult the relevant professional lawyers, and they will answer them for you in a timely manner.

If both parties want to divorce by agreement and go to the Civil Affairs Bureau for divorce, you need to bring the following documents, first, the ID cards of both parties, the household registration book of the second party, the marriage certificate of both parties, the fourth, the divorce agreement reached by both of you, and the fifth, which is the ** of the single person.

In the case of divorce by agreement, both parties need to bring their original ID cards, original household registration booklets, original marriage certificates and other materials to the civil affairs department where one of the parties is registered to apply for divorce, and the two parties can accept the divorce on the spot after agreeing on the distribution of relevant property and children.

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.

Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.

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.

In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passes and identity cards, and overseas Chinese and foreigners shall also present their own valid passports or other valid international travel documents.

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.

Hello, divorce by agreement, the husband and wife reach a divorce agreement, both parties sign, with the divorce agreement, marriage certificate, ID cards of both parties, go directly to the Civil Affairs Bureau to handle it, I hope to help you.

After discussion, just take your ID card, household registration book, marriage certificate, and go to the Civil Affairs Bureau for divorce.

Find a lawyer to write an agreement, both parties can sign and press their fingerprints, do you have a marriage certificate?