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OK. According to the Marriage Registration Regulations:
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.
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Hello. Yes, you need to bring the original copies of the household registration books of both parties, ID cards and marriage certificates, and go through the divorce procedures at the civil affairs bureau where the household registration is located.
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Legal Analysis: Divorce registration can be done at the marriage registration office at the place where either party is registered.
Legal basis: Civil Code of the People's Republic of China
Article 104 Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to correct or coerce the other, and it is forbidden for any organization or individual to interfere.
Article 1047:The age of marriage must not be earlier than 22 years old for men and 20 years old for women.
Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.
Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.
Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.
Article 1051 Marriage shall be null and void under any of the following circumstances:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
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Hello, if you divorce by agreement, you usually need to go to the civil affairs bureau where the man's or woman's household registration is located to register the divorce, which is not affected by the place of marriage registration.
However, Liaoning Province, Shandong Province, Guangdong Province, Chongqing Municipality and Sichuan Province have implemented a pilot project of "cross-provincial registration" for marriage registration and divorce registration for mainland residents for a period of two years, from 1 June 2021 to 31 May 2023. If you work and live in these places and also meet the time requirements for transportation, you can consult the local civil affairs bureau whether you can apply for divorce registration across provinces.
In the case of a litigated divorce, the court of action is also not affected by the place of registration of the marriage. Specifically, the plaintiff (the party that initiated the divorce proceedings) generally has to file a divorce lawsuit in the court of the defendant's domicile (place of household registration). If the defendant has been away from the place of residence for more than one year, it may be done in the court of the place where the plaintiff is domiciled or where the defendant habitually resides.
If both parties have been away from their place of residence for more than one year, it shall be conducted in the court of the defendant's habitual residence, and if there is no habitual residence, it shall be delayed in suing the court of the place of residence when the plaintiff files a lawsuit. Among them, habitual residence refers to the place where the defendant has resided continuously for more than one year at the time of the plaintiff's lawsuit.
Therefore, the court with jurisdiction over litigation divorce should make a specific judgment based on which party initiates the divorce proceedings and the residence situation of both parties.
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Summary. Hello dear! If a husband and wife register their marriage with the woman when they get married, they may register the divorce at the marriage registration office at the place where the husband has a permanent residence when they divorce. When registering a divorce, a divorce agreement must be signed.
Can the marriage certificate obtained at the place where the woman's household registration is located be divorced at the place of the man's household registration?
Hello dear! If the husband and wife go through the marriage registration with the woman when they get married, when the husband and wife divorce, they may go through the divorce registration at the marriage registration office at the place where the husband permanently resides. When registering a divorce marriage, a divorce agreement must be signed.
According to the relevant laws and regulations, Article 10 of the "Regulations on the Administration of Marriage Registration" stipulates that 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 apply for a divorce and a late record of marriage.
Materials required for divorce registration: (1) The parties submit certificates 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 for registration of divorce under the Marriage Law; (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 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 person who has taken the oath; (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) If the marriage registrar examines the documents submitted by the parties, the declaration of application for divorce registration, and the divorce agreement, and meets the requirements for arguing for divorce, he or she shall fill out the "Divorce Registration Review and Handling Form" and the divorce certificate; (8) Issuance of divorce certificates.
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The marriage certificate was handled at the location of the man's household registration at that time, and now the household registration is at the woman's location.
Dear, <>
We are happy to answer your questions. If the marriage certificate was issued at the place where the man's household registration was located, but now both parties have moved to the place where the woman's household registration is located, then the divorce needs to be handled at the marriage registration authority (civil affairs bureau or marriage registration office) where the woman's household registration is located. It is recommended that you consult the relevant local regulations and requirements before going to the local marriage registration office in order to go through the divorce procedures smoothly.
Generally speaking, you need to provide marriage certificate, ID card, household registration book and other relevant documents and materials. <>
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