How to go through the procedures for divorce in a different place

According to the Marriage Registration Regulations, which will come into effect soon, the marriage registration authority will not accept the parties' divorce applications under three circumstances. These three situations are: 1. No divorce agreement has been reached; 2. They are persons who lack or have limited capacity for civil conduct; 3. The marriage registration was not done in Chinese mainland.

If both the man and the woman are Chinese citizens residing abroad, they may go to the embassy (consulate) of the People's Republic of China in the country where they are stationed to register their marriage or divorce in accordance with the relevant provisions of the Regulations, instead of having to go back to the domestic marriage registration authority for registration. No unit certificate is required for divorce Both parties who voluntarily divorce no longer have to endure the embarrassment of finding someone to issue a certificate. The parties to the divorce only need to present their relevant supporting materials and the divorce agreement, and then go to the marriage registration authority where one of the parties has a permanent residence to register the divorce.

The new regulations stipulate that the documents and supporting materials to be issued by mainland residents who go through divorce registration include: their household registration booklet and identity card; My marriage certificate and the divorce agreement signed by both parties. This means that the parties to the divorce do not need to submit a letter of introduction issued by their employer, villagers' committee or residents' committee.

The regulations also stipulate that if a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces 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's permanent residence is located to register the divorce. Residents of Hong Kong, Macao and Taiwan shall also present their valid passports and identity cards, and overseas Chinese and foreigners shall also present their valid passports or other valid international travel documents. After the implementation of the newly promulgated "Marriage Registration Regulations", both parties who voluntarily divorce do not have to wait for a one-month review period, and can receive a divorce certificate on the spot when they go to the marriage registration office to register their divorce.

The new regulations point out that if the parties to a voluntary divorce have reached an agreement on issues such as child support, property, and debts, they shall be registered on the spot and a divorce certificate shall be issued. The new regulations also stipulate that the marriage registration authority shall examine the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances.

If both parties agree to divorce by mutual agreement, it is not necessary to go to the civil affairs bureau that issued the marriage certificate to go through the divorce formalities, but can go to the place where either party is registered. If the parties do not agree to divorce by mutual agreement, they need to go to the defendant's domicile (domicile refers to the place of household registration).

Divorce can be obtained in different places through litigation, but divorce in different places is not possible because most of the civil affairs bureaus have not realized the network, and divorce by agreement cannot be done in other places. The Marriage Law stipulates that if both parties voluntarily divorce, they must go to the marriage registration authority where one of the parties has their household registration to complete the divorce registration.

Divorce by mutual agreement must be handled at the place where the household registration is located. If you want to handle it in Shenzhen, you can only provide proof of living in Shenzhen for more than one year, and go to the Shenzhen court to handle the divorce. If an agreement is reached and the documents are complete, the court can issue a civil mediation letter and close the case on the same day.

It is advisable to hire a lawyer to provide legal advice and prepare relevant documents.

According to the provisions of the Civil Code, if a divorce is divorced by agreement, the divorce formalities cannot be handled in another place. In the case of divorce by litigation, then the party suing only needs to issue the other party's certificate of habitual residence, and can sue for divorce in the court of the place of habitual residence. Mainland residents who apply for divorce registration need to present the following documents and supporting materials:

His/her household registration book and ID card; Marriage certificate of the applicant; A divorce agreement signed by both parties.

[Legal basis].Civil Code of the People's Republic of China Article 1076 [Divorce by Agreement] 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.

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If both parties agree to divorce by mutual agreement, it is not necessary to go to the civil affairs bureau that issued the marriage certificate to go through the divorce procedures, but can go to the place where either party is registered.

If the parties do not agree to divorce, they need to file for divorce at the basic level court of the defendant's domicile (the place of domicile refers to the place of household registration, but the place of habitual residence is different from the place of domicile, the place of habitual residence is the place of residence, and the place of habitual residence refers to the place where the defendant has lived for more than one year).

Completely in a different place, you can't get a divorce certificate, kiss.

If you want to divorce the other party, I suggest that you negotiate first, and if you can agree on the arrangement of property and children, divorce by mutual agreement is a more peaceful way to deal with it.

Because in the case of litigation divorce, the overall process is relatively long, you need to prepare the complaint and arrange time to go to the court, and sue for divorce for the first time, if the parties are not separated or the accused party is not at fault, the court will usually not grant the divorce. In fact, if both of you are willing to divorce, the impact of the agreement on both of you will be relatively small.

Divorce process by agreement: 1. Both parties negotiate issues such as child support and property disposal after divorce, and sign a divorce agreement; 2. Both parties should bring the divorce agreement, ID card, marriage certificate, and household registration book to the marriage registration authority for divorce registration; 3. After the marriage registration authority has reviewed and the 30-day cooling-off period expires, both parties will jointly go to the marriage registration authority to obtain the divorce certificate.

According to Article 1076 of the Civil Code, if 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 results of consensus on matters such as child support, property, and debt disposition.

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Legal Analysis: Both men and women shall jointly go to the marriage registration authority where one of the parties has a permanent residence to register for divorce. and shall present his/her household registration booklet and ID card; Marriage certificate of the applicant; A divorce agreement signed by both parties.

Legal basis: 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.

[Divorce Procedure].

1. If the parties voluntarily divorce, both parties must apply for divorce registration in person at the marriage registration authority where one party's household registration is located.

2. When the parties apply for divorce registration, they shall provide the following documents and proofs to the marriage registration management organs:

1. Proof of household registration of both parties;

2. Resident ID cards of both parties;

3. A letter of introduction issued by the unit or village (resident) committee;

4. Marriage certificate or certificate of relationship between husband and wife;

5. Two recent one-inch bareheaded photos of the parties;

6. Divorce agreement.

The agreement shall clearly state the intention of both parties to divorce, and indicate that appropriate arrangements have been made for child support and education, financial assistance for one of the spouses in difficulty, property and debts, and so forth.

3. The marriage registration authority shall examine the parties' applications for divorce, issue a divorce certificate to those who meet the conditions for divorce, and cancel the marriage certificate, and the parties shall obtain the divorce certificate, that is, the relationship between husband and wife shall be dissolved.

4. If one of the parties to a divorce fails to perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit in the people's court.

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