Do I need to go through the divorce formalities at the registry office for a divorce by mutual agree

Yes. Divorce by mutual agreement refers to the legal act of dissolving the marriage relationship by mutual agreement between the husband and wife in accordance with the provisions of the law. According to article 31 of the Marriage Law, if a man and a woman divorce voluntarily, both parties must apply for divorce registration at the marriage registration office.

If, after formal and substantive examination, the marriage registration authority confirms that both parties are willing and that the issue of children and property has been properly handled, it shall handle the divorce registration and issue a divorce certificate.

You need to go, or you can prove that you're divorced. If the agreement fails, you can sue the court. But you can only choose one of the two.

For divorce by agreement, the "marital status" in the household registration book should be filled in with "married" at the local police station. When you get married again in the future, you have to change it to "divorce" before you can get a marriage certificate. If you want to file a lawsuit, you can skip these things, and when you register your marriage, you can just take the judgment.

Divorce by agreement should consider all aspects clearly, and strive for what can be sought.

There are two ways to divorce, divorce by court and divorce by agreement at the marriage registration office of the civil affairs department. According to Chapter IV of the "Marriage Law of the People's Republic of China" Divorce Article 31 Where a man and a woman divorce voluntarily, 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. 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. 1. The procedures for divorce by agreement of the civil affairs departments are convenient.

The process of drafting a divorce agreement should be very cautious, never hasty, and it is best to ask a lawyer to check it if necessary. According to Chapter 3 of the Marriage Registration Regulations, Article 10 of Divorce Registration If a Mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register the divorce. Article 11 Mainland residents who have gone 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. If both parties agree to the divorce and can reach an agreement on child support and property division, it is very convenient to go to the civil affairs department to handle the divorce by mutual agreement after the revision of the Marriage Registration Regulations came into effect on October 1, 2003.

2. Court Litigation Divorce: Convenient and cumbersome. According to Chapter IV of the Marriage Law of the People's Republic of China Divorce Article 32 Where a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.

If one of the spouses insists on not leaving or agrees to the divorce but cannot reach an agreement on the maintenance of the children or the division of property, the only way to divorce is through court proceedings.

You can see it all here. 2c

If it is a divorce by agreement, after negotiation between the two parties, go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate.

Tianjin Lawyer Li (Professional Divorce Lawyer):

It can be handled at the Civil Affairs Bureau where the household registration of both parties is located. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

If you don't go through the divorce procedures, what will you use to prove that you are divorced? How will I find my partner in the future? Do!

Divorce by mutual agreement requires an application for divorce from the marriage registry and the signing of a divorce agreement. Then, during the 30-day cooling-off period, as long as one party does not want to divorce, the divorce application can be withdrawn from the marriage registry, and the divorce process will be completed after the withdrawal. The Civil Code of the People's Republic of China stipulates that within 30 days from the date of receipt of the divorce registration application, if either party does not wish to divorce, he or she may revoke the divorce registration application.

Within 30 days after the expiration of the time limit specified in the preceding paragraph, both parties shall apply to the marriage registration authority for the issuance of a divorce certificate in person; If the application is not made, it shall be deemed that the application for divorce registration shall be revoked.

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.

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.

Required, documents to be submitted for divorce registration: 1. My permanent residence booklet and resident ID card. 2. Marriage certificate of both parties.

3. The divorce agreement of both parties. 4. Both parties shall submit two 2-inch single recent half-length bareheaded colors**. Since the relevant materials of divorce registration need to be archived for the record, in the above materials, in addition to **, the others need to provide the original and copy.

Civil Code of the People's Republic of China

Article 1076.

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.

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.

Civil Code of the People's Republic of China

Article 1078.

If the marriage registration authority finds out that the divorce is indeed voluntary, and has reached a consensus on matters such as child support, property, and debt handling, it shall be registered and a divorce certificate shall be issued.

According to the Marriage Registration Regulations, if a mainland resident voluntarily divorces, he or she must bring all the household registers, ID cards, marriage certificates and divorce agreements of both parties, and both parties shall go to the marriage registration authority where one of the parties has permanent residence to register the divorce.

[Legal basis].Article 10 of the Marriage Registration Regulations.

Where a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register the 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 have registered for divorce 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.

Divorce by mutual agreement is to go through the divorce procedures at the local civil affairs bureau.

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

1) The parties submit certificates and supporting materials;

2) The marriage registrar checks 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) If both parties voluntarily divorce and reach an agreement on matters such as child support, property and debt handling, both parties shall fill in the Declaration of Application for Divorce Registration and sign it in front of the oath administerer;

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 certificate. 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 by 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 seal to the marriage certificate of the parties, which states 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 that the divorce certificate has been obtained and the relationship between husband and wife is dissolved.

If both parties agree to divorce by mutual agreement and reach an agreement on the division of property, child support, and debt bearing, they can go to the civil affairs bureau where the marriage is registered to go through the divorce procedures, or they can go to the civil affairs bureau where one party's household registration is located to go through the divorce procedures. The materials that need to be brought are: divorce agreement, marriage certificate, household registration book, ID card; If the two parties fail to reach an agreement through negotiation, they can be resolved by litigation.

When filing a lawsuit, relevant evidence should be provided to prove that the relationship between the two parties has broken down, and a lawyer can be appointed to the case.

50.What department should I go through the procedures for divorce by agreement?

Since you have reached an agreement, it means that you have thought about divorce? You can go to court to mediate your divorce.

1.In the case of divorce by agreement, after negotiation between the two parties, go to the original marriage registration authority or the civil affairs bureau where one of the parties is registered to go through the divorce formalities and obtain the divorce certificate with the divorce agreement, marriage certificate and ID card of both parties;

2.If one party does not agree or regrets not performing after signing the divorce agreement, then the divorce should be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, generally 6 months in the first instance and 3 months in the second instance. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

Okay, don't get divorced!! Calm down!!

The marriage registration authority applies for divorce registration.

1. Article 31 of the Marriage Law of the People's Republic of China stipulates that "if a man and a woman divorce voluntarily, divorce shall be granted." Both parties must apply for divorce registration at the marriage registration office. A divorce certificate will be issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of child support and property have been properly addressed.

2. Article 14 of the "Marriage Registration Regulations" stipulates that if a party is divorced, he or she must go to the marriage registration authority where one party's household registration is located to register the divorce in person. The following documents and certificates shall be presented at the time of application:

1) Certificate of household registration (household registration booklet).

2) Resident ID card.

3) A letter of introduction issued by the unit, villagers' committee or residents' committee.

4) Divorce agreement.

5) Marriage certificate.

Note: At present, the parties to the divorce registration are no longer required to provide a letter of introduction from the unit or the villagers' committee.

3. Articles 18 and 20 of the Marriage Registration Regulations stipulate that the marriage registration authorities shall not accept an application for divorce if the parties apply for divorce under any of the following circumstances:

1) One party asks for a divorce (meaning that the other party does not agree to the divorce).

2) Both parties request for divorce, but no agreement is reached on matters such as child support, financial assistance for one of the spouses' living difficulties, property and debt disposal, etc.

3) One or both parties are persons with limited or no capacity for civil conduct.

4) Those who have not gone through marriage registration.

Where the marriage registration authorities refuse to register a party's application for divorce, it shall explain in writing the reasons for the refusal.

Note: Persons with limited capacity for civil conduct and persons without capacity for civil conduct refer to mentally ill persons. Deaf-mutes who are mentally normal are not persons with limited capacity for secular conduct or persons with no capacity for civil conduct.

4. The content and format of the divorce agreement.

Article 15 of the Marriage Registration Regulations stipulates that the divorce agreement shall clearly state the parties' expression of intent to divorce, the living difficulties and financial assistance of one of the spouses, and the disposal of property and debts. The content of the agreement should be conducive to the protection of the rights and interests of women and children.