What are the legal procedures for voluntary divorce?

According to the provisions of the Marriage Law and the Regulations on Marriage Registration, if a man and a woman divorce voluntarily, they must go to the marriage registration office to register the divorce (the marriage registration office is the people of township, ethnic township and town in rural areas, and the civil affairs department of the sub-district office and the civil affairs department of the municipal district or the civil affairs department of the people of the city without districts).The divorce agreement shall clearly state the parties' expressions of intent to divorce, child support, financial assistance for one of the spouses, property and debt disposal, and other matters of the agreement. The content of the agreement should be conducive to the protection of the lawful rights and interests of women and children.

Where one or both parties have limited or no capacity for civil conduct, it will not be handled. Those who have not gone through marriage registration shall not be handled. For more complex cases of family property, it is recommended to write a divorce agreement under the guidance of a lawyer, which is a guarantee for both parties. ‍‍

When a man and a woman apply for divorce by voluntary agreement, both parties shall apply for divorce in person at the marriage registration authority where one of the parties is registered with their household registration certificate, resident identity card, letter of introduction issued by their unit, villagers' committee or residents' committee, divorce agreement and marriage certificate. The marriage registration authority shall conduct a strict examination of the divorce application in accordance with the law, mainly to examine whether the parties are truly voluntary, and whether they have reached an agreement on matters such as child support, financial assistance for one of the spouses in difficulty, and property and debt disposal For those who meet the conditions for voluntary divorce stipulated in the Marriage Law, the registration authority shall approve the registration within one month from the date of acceptance of the application, issue a divorce certificate, and cancel the marriage certificate The parties shall dissolve the relationship between husband and wife from the time they obtain the divorce certificate

Core tip: The procedure for voluntary divorce between a man and a woman is to register the divorce in accordance with the law. Divorce registration is a mandatory procedure for both spouses to divorce voluntarily. It is handled by the marriage registration authority in accordance with administrative procedures. The following Legal Express will give you a detailed introduction.

In accordance with article 31 of the Marriage Law and the Measures for the Registration of Marriages, the procedure for voluntary divorce between a man and a woman is to register the divorce in accordance with the law. Divorce registration is a mandatory procedure for both spouses to divorce voluntarily. It is handled by the marriage registration authority in accordance with administrative procedures.

The organs that handle divorce registration are the people of townships and towns in rural areas, the people of sub-district offices or districts in cities, and the people of cities without districts. If a man and a woman divorce voluntarily and reach an agreement on child support and property disposal, both parties must apply for divorce registration in person at the marriage registration authority where one of the parties is registered.

The procedure for divorce registration can be divided into three parts: application, examination and procedure

1.Application. A man and a woman who wish for divorce should go through the formalities at the marriage registration office together with their resident ID card or household registration certificate and the Marriage Certificate.

Neither party can entrust another person to handle the divorce formalities on their behalf. Both parties should fill in the divorce application form in accordance with the requirements of the marriage registration authority.

2.Censor. When accepting a party's application for divorce, the staff of the marriage registration authority shall clearly explain to the parties the provisions of the Marriage Law on divorce. Both parties shall truthfully inform the relevant circumstances; Staff members must identify the following five issues in their review:

1) Whether both parties to the divorce applicant have legal capacity. If one or both parties are found to be incapacitated, they will not be registered, and the divorce will be resolved through litigation proceedings.

2) Whether the divorce is indeed consensual. This includes whether the apparent consent is obtained out of occasional disputes, momentary anger, or whether one party or a third party deceives or coerces the other; Whether the parties divorce hypocritically in order to achieve the purpose of circumventing the law or policy, etc.

and 3) whether the child's problems have been properly handled. including the parent to whom the child will be raised; whether the burden of alimony is reasonable; the adequacy of the method of payment of child support; Whether the content of the agreement between the two parties is conducive to the healthy growth of the child.

4) Whether the property issue has been properly addressed. including whether the division of the joint property of the husband and wife is reasonable; whether the parties have any entanglements over their personal property; whether the debts incurred by the common life have been paid off, and if the joint property is insufficient to pay them; So how to pay off in the future.

5) If one party has real difficulties in life, whether the two parties have reached an agreement on the issue of economic assistance, and whether the payment method is appropriate.

3.Check in. Registration is the final step in the divorce registration process.

Only when it is ascertained that the parties are indeed willing and that the issues of children and property have been properly dealt with, can the marriage registration authority issue a Divorce Certificate and withdraw the Marriage Certificate as a basis for the legal dissolution of the marriage relationship. If it is ascertained that the divorce is not voluntary, or if there is a dispute over the children and property, and no agreement can be reached, the divorce registration shall not be handled, and the parties shall be informed that they may file a lawsuit with the people's court.

Hello. Divorce can be obtained by mutual agreement if both parties have agreed on all the contents of the marriage. The process of divorce by mutual agreement can be broadly divided into the following steps:

1. Application. Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement, reach a consensus through consultation on issues such as property division, debt division, child support, etc., and jointly submit an application to the marriage registration authority with jurisdiction.

2. Acceptance. The marriage registrar shall conduct a preliminary examination of the above-mentioned materials submitted by the parties in accordance with the relevant provisions. After the preliminary examination of the documents and supporting materials submitted by the parties, the registrar of the marriage bank will issue a "Receipt of Acceptance of Divorce Registration Application".

Where the requirements for applying for divorce registration are not met, it will not be accepted.

3. Cooling-off period. If both parties fail to apply to the marriage registration authority for the issuance of a divorce certificate within 30 days after the expiration of the divorce cooling-off period, the application for divorce registration shall be deemed to have been withdrawn.

4. Review. Within 30 days after the expiration of the cooling-off period for divorce, both parties shall jointly apply to the marriage registration authority for the issuance of a divorce certificate with the documents and materials specified in the "Marriage Registration Work Specifications".

Fifth, the issuance of certificates. In accordance with the provisions of the "Marriage Registration Work Specifications", the marriage registration authorities shall register and issue a divorce certificate.

Legal analysis: A written divorce agreement should be signed and the divorce registration should be applied for in person at the marriage registration authority.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China 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' intention to divorce voluntarily and the opinions on matters such as child support, property, and debt disposition.

The voluntary divorce procedure for husband and wife shall be carried out in accordance with the following steps: 1. The husband and wife shall negotiate matters such as child support, property and debt disposal; 2. Sign a divorce agreement; 3. Both parties shall jointly go to the marriage registration authority where the permanent residence of one of the parties is located to register the divorce; 4. After a 30-day cooling-off period, both parties shall apply for a divorce certificate in person at the marriage registration authority.

Article 1070 of the Civil Code: If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person. The divorce agreement shall clearly state the parties' intention to divorce voluntarily and their consensus on matters such as child support, property, and debt handling.

What are the procedures for a voluntary divorce between a man and a woman? There are two ways to divorce between the two parties, one is divorce by agreement, which means that both the man and the woman go to the Civil Affairs Bureau to go through the divorce procedures together. To go to the Civil Affairs Bureau for divorce requires complete procedures, including ID cards, household registers, marriage certificates, divorce agreements in triplicate, and two two-inch recent half-length bareheaded color singles within three months, both men and women go to the Civil Affairs Bureau to handle it, and the divorce agreement needs to be signed in front of the staff of the Civil Affairs Bureau.

As long as both the man and the woman are voluntary, the formalities are complete, and the content of the divorce agreement is legal and the form is legal, then the divorce procedures can be handled on the same day. The other is litigation divorce, two people go to the court to mediate the divorce, need to draft a civil complaint, submit a marriage certificate or marriage file, involving child support needs to file a paragraph for the child's birth certificate or household registration book, involving property disputes and provide corresponding evidence of property, the court will issue a civil mediation letter, and some courts will open a green channel for the parties who are willing and have no dispute over property and children, and can quickly issue a civil mediation letter. If the green channel is not developed, it will have to go through the court trial procedure.

The time limit for the summary procedure is 3 months, and the time limit for the ordinary procedure is 6 months in principle, and will be appropriately extended under special circumstances. Here, the lawyer suggests that if both the man and the woman divorce voluntarily and there is no property and child support dispute, they can go to the Civil Affairs Bureau to handle the divorce by agreement.

[Legal basis].

Article 161 of the Civil Procedure Law: Where a civil court applies the summary procedures to hear a case, the trial shall be completed within three months of the date on which the case is filed. Article 149:People's courts applying the ordinary procedures shall conclude trial within 6 months of filing the case. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.