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Relocation of household registration is a movement of personnel, and there is no need to be subject to the condition that the household registration cannot be transferred within three years.
According to the relevant provisions of China's "Marriage Law", if the parents divorce, the child will be awarded to whoever the child's household registration is. If the child is raised by one of the parents and the other party needs to move out of the household registration, the child's household registration page will follow the move-out, and if the household registration of this party does not move, the other party will move out, then the child's household registration does not need to move out.
1) If both parents agree to divorce, the materials that need to be brought are:
1. Go to the Civil Affairs Bureau to get the divorce certificate;
2. If the child has registered and wants to transfer the household registration, you only need to apply for moving out of the child's household registration booklet, birth certificate, and husband and wife household registration book to the police station where the husband and wife's household registration are located;
3. If the child is still young and has not registered for household registration, a divorce certificate and a medical certificate of birth are required. Birth Certificate or Family Planning Service Manual; The household registration booklet and other materials of both parents of the infant shall be handled at the place where the parent who has custody of the child is registered;
4. According to the content of the child's belonging as stated in the divorce certificate, go to the village committee or neighborhood committee of the place where you need to move in to issue a certificate of moving in, and apply for a certificate of permission to move in at the police station in the same place (stamp on the certificate of the neighborhood committee);
5. Proof of the place of entry, go to the police station where the child's household registration is located to issue a "Household Registration Migration Certificate";
6. Go to the police station where you enter the household to go through the household registration procedures;
2) If the parents file a lawsuit for divorce from the court, the materials that need to be prepared are:
1. Certificate of validity of divorce judgment;
2. The party with the right to custody of the child should go to the place of relocation with the household registration book to apply for the certificate of relocation;
3. Go to the police station where your household registration is located with the permit to sign the opinion letter agreeing to move out, and hand over the permit to the police station.
The above is a brief description of what to do with the child's household registration after the establishment of the household and whether the child's household registration will move out after the divorce. Divorce before and sue to court to move out according to the agreement described above. It is recommended that the two parties negotiate the hukou issue first, and then sue the court if the negotiation fails.
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Who said that as long as you have a divorce certificate and ID card, you can go to the police station to handle it, and that's how I did it.
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What about permission? Don't want the big one, and the small one will come in groups.
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Summary. In China, there is a certain amount of time required to meet after a divorce before the hukou can be transferred, because of the significant impact of divorce on individuals and families, and it takes a certain amount of time to stabilize the situation and prevent abuse. The main reasons for the requirement that you can move your household registration after three years of divorce are as follows:
Stabilizing family relationships: In order to avoid too frequent household registration migration and confusion, it is necessary to observe and stabilize the family relationship after a divorce: In order to avoid too frequent household registration transfers and chaos, it is necessary to ensure that the divorce decision is carefully considered and that there is indeed no possibility of recovery of the family relationship. Protecting the rights and interests of children:
If you have children, you need to protect the rights and interests of your children after the divorce. The three-year time requirement for divorce can ensure the stability of the children's lives and adapt to the environment, and avoid the adverse impact of frequent household registration transfers on the children. Preventing Abuse and Sham Divorces:
Moving the hukou immediately after the divorce may be abusive and sham divorce. Some people may go for a divorce in order to obtain certain benefits or avoid certain responsibilities and then move their household registration immediately. The three-year time requirement for divorce can serve as a precautionary measure and reduce the likelihood of abusive and sham divorces.
In China, there is a certain amount of time required to meet after a divorce before the hukou can be moved, because of the significant impact of divorce on individuals and families, and it takes a certain amount of time to stabilize the situation and prevent abuse. The main reasons for the three-year divorce requirement to move the household registration are as follows: Stable family relations
In order to avoid too frequent household registration and confusion, it is necessary to observe and stabilize the family relationship after a certain period of time to ensure that the divorce decision is carefully considered and that there is indeed no possibility of recovery of the family relationship. Protecting the rights and interests of children: If you have children, you need to protect the rights and interests of your children after the divorce.
The three-year time requirement for divorce can ensure the stability of the children's lives and adapt to the environment, and avoid the adverse impact of frequent household registration transfers on the children. Prevent abuse and sham divorce: There may be abuses and sham divorces after leaving the marriage and moving the household registration immediately.
Some people may go for a divorce in order to obtain certain benefits or avoid certain responsibilities and then move their household registration immediately. The three-year time requirement for divorce can serve as a precautionary measure and reduce the likelihood of abusive and sham divorces.
Note: After the divorce, according to the local household registration management regulations, understand the specific household registration transfer requirements and procedures. Different regions may have slightly different regulations and procedures, so it is recommended to consult the local public security authorities or relevant departments for accurate information.
If you have children, especially minor children, you should pay attention to the rights and interests of your children after the divorce, actively fulfill your parental responsibilities, and negotiate with your ex-spouse to resolve issues related to child support. Within three years after the divorce, if you need to go through the relevant procedures or enjoy the relevant rights, you can consult the local legal agency or social service agency to understand the specific operation methods and legal requirements. Within three years after the divorce, the divorce certificate, court judgment and other relevant documents should be properly kept in case you need to use them in the future.
If you have any other special registration situation or needs, it is recommended to consult a professional lawyer or relevant institutions to obtain professional legal advice and assistance.
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In China, it takes a certain amount of time to move the hukou after the divorce, because the law stipulates that Jiliang needs a certain amount of time to ensure the authenticity and stability of the divorce, so as to avoid the husband and wife from making irreversible decisions due to the impulse of the emperor. Specifically, in China's marriage law, it is stipulated that a cooling-off period is required after divorce, which is generally three months. During this time, both parties can reconsider their decision, and if they finally decide to divorce, they will need to wait for another three years on this basis before they can go through the procedures for moving their hukou.
The purpose of this provision is to protect family stability and children's rights and interests, so as to reduce the negative impact of divorce on the family and society. At the same time, this is also to prevent the husband and wife from easily divorcing due to impulse, so as to promote the husband and wife to deal with family problems more rationally and steadily.
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Legal analysis: After the divorce, you can move back to the household registration, usually the woman first opens a household registration certificate in the current place of household registration, then takes the household registration certificate and divorce certificate and the household registration book of the place where she intends to move in, goes to the police station of the place to be relocated to open a permit for relocation, and then folds back to open a migration certificate, and then folds back to enter the household.
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 fails, 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 husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after the People's Law Court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates a divorce lawsuit again, the divorce shall be granted.
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The method of moving the household registration after divorce is as follows: in the case of divorce by litigation, the citizen needs to move out of the jurisdiction of the household registration, and the person or the head of the household shall report to the household registration authority for moving out of the registration before moving out, obtain the migration certificate, and cancel the household registration. In the case of divorce by agreement, to handle the relocation of the household registration, it is necessary to first confirm the address where the settlement is settled, obtain the certificate that the address of the settlement agrees to move in, and then then the household registration authority of the current place of household registration will issue a certificate of moving out, and Yinzhao will finally go to the public security organ of the place of settlement with the relevant materials to go through the formalities of moving in.
Article 19 of the Regulations of the People's Republic of China on Household Registration When a citizen returns to the household due to marriage, divorce, adoption, adoption, separation, merger, disappearance, recovery or other reasons, the head of the household or himself shall report to the household registration authority for the change of registration of Feng Shi Rent.
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Summary. Pro-<>
It takes three years after a divorce to move the hukou, because in China's hukou system, relationships between relatives are often cumbersome and important. Hukou not only represents the identity of the region where a person lives, but also has a close relationship with the country's social assistance policies, medical insurance, education, etc. According to the current Household Registration Law of the People's Republic of China, after the dissolution of the marriage between the husband and wife, one of the spouses may apply to move out of the original place of household registration.
However, if the divorce period is less than 3 years, even if the application for moving out, it is necessary to provide a valid basis (such as employment, further education, etc.), and obtain the approval of the relevant departments before going through the household registration transfer procedures. The introduction of this provision mainly takes into account the following aspects:1
Maintain family stability. For couples who have been divorced but are still in a period of emotional turmoil, household registration restrictions can play a certain role in restraining and avoiding irrational impulsiveness and excessive behavior, so as to maintain family stability. 2.
Protecting the rights and interests of children. Hukou is not only important for adults, but also for minors. Restricting couples from moving their household registration quickly after divorce can avoid adverse effects on children's growth due to family instability.
3.Prevent the movement of household registration. The flow of household registration will bring certain difficulties to the management and social security, and by setting up a period of household registration migration, the flow of household registration can be controlled to a certain extent and social instability can be avoided.
Why does it take three years for a divorce to move the hukou?
It takes three years for relatives <>to move their hukou after divorce, because in China's hukou system, relationships between relatives are often cumbersome and important. Hukou not only represents the identity of the region where an individual lives, but also has a close relationship with the country's social assistance policies, medical insurance, education, etc. According to the current Household Registration Law of the People's Republic of China, after the dissolution of the marriage between the husband and wife, one of the spouses may apply to move out of the original place of household registration.
However, if the divorce period is less than 3 years, even if the application for moving out, it is necessary to provide a valid basis (such as employment, further education, etc.), and obtain the approval of the relevant departments before going through the household registration transfer procedures. The introduction of this provision mainly takes into account the following aspects:1
Maintain family stability. For couples who have been divorced but are still in a period of emotional turmoil, household registration restrictions can play a certain role in restraining and avoiding irrational impulsiveness and excessive behavior, so as to maintain family stability. 2.
Protecting the rights and interests of children. Hukou is not only important for adults, but also for minors. Restricting couples from moving their household registration quickly after divorce can avoid adverse effects on children's growth due to family instability.
3.Prevent the movement of household registration. The flow of household registration will bring certain difficulties to the management and social security, and through the establishment of a period of household registration migration, the flow of household registration can be controlled to a certain extent, and social instability can be avoided.
In short, the relocation of household registration is a serious institutional regulation that needs to be handled within a legal and reasonable scope. For the issue of moving household registration after divorce, if it is really necessary, it can be applied for and approved in accordance with relevant regulations.
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