We are married and have nothing, do we need a divorce agreement for divorce?

I would like to ask, do you have a marriage certificate? Have you registered with the Civil Affairs Bureau?

If not, it is not considered a legal couple, but only cohabitation.

If so, then follow the usual divorce procedure

Eligibility: According to the provisions of the "Marriage Law of the People's Republic of China" and the "Regulations on the Administration of Marriage Registration", both men and women who voluntarily divorce and reach an agreement on child support and property disposal can go to the marriage registration office of the civil affairs department for processing.

Required materials: To register a divorce, the following documents must be provided:

1) Original and photocopy of household register.

2) Original and photocopy of ID card (unemployed persons must also hold unemployment certificate).

3) A letter of introduction for both parties to divorce. The letter of introduction for divorce should be issued by: if there is a unit, it shall be issued by the personnel department of the unit to which it belongs; Villagers, self-employed workers, private entrepreneurs, employees, unemployed persons, etc., shall be issued by the village committee or neighborhood committee where their household registration is located.

Cross-districts should be stamped with the special seal of the sub-district office or town marriage registration. )

4) The respective application reports of both parties. The application report includes a statement of their intention to divorce and the reasons for divorce.

5) The agreement reached by the two parties is a written agreement between the two parties on child support, property division, creditor's rights and debts, and financial assistance for one of the spouses in difficulty.

6) Marriage Certificate of both parties (2 copies). If the "Marriage Certificate" is lost, you need to apply for a replacement "Certificate of Relationship between Husband and Wife", and the replacement procedures are detailed in the "Instructions for Handling (Certificate of Relationship between Husband and Wife)".

Handling process: Handling procedure:

1) Both parties should bring all their documents and apply in person to the marriage registration authority where one party's household registration is located and fill in the application form.

2) The marriage registration authority shall examine the materials of the applicant for divorce, and within 30 days from the date of acceptance, reply to the application that meets the conditions for divorce and make an appointment for the date of obtaining the certificate.

3) Both parties go to the marriage registration authority in person (handle the legal notarization of the agreement and witness) to present the household registration book, ID card, and certificate to receive the divorce certificate.

No common property? That's easy to say, it's good to get together and disperse.

No, you're not married at all, you're just living together illegally.

Is there a marriage certificate? If there is an agreed divorce it is clean.

Otherwise, just go home.

The documents on the third floor are very complete.

The child is at home, you are a woman, you have suffered a big loss, don't be like this, young man, how can you remarry like this, if you remarry someone is a second course of tea, it will be embarrassing.

Nothing to get married? Don't have a marriage certificate? It's best to ask a lawyer.

Legal analysis: Living in the name of husband and wife without obtaining a marriage certificate is a cohabitation relationship, but it is not a legal marriage, let alone divorce.

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 a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

It is valid, as long as the divorce agreement is signed by both parties through voluntary negotiation, it is a valid agreement, but the divorce agreement will only take effect after the parties have completed the divorce registration.

Article 1076 of the Civil Code provides that if 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 balance.

Divorce and divorce agreement without a divorce certificate is not considered a divorce. In the case of divorce by mutual agreement, it is only after both parties apply for divorce registration at the marriage registration office and apply for the issuance of a divorce certificate after a 30-day cooling-off period. In the case of divorce by agreement, it is necessary to reach a consensus on matters such as child support, property, and debt handling, and then both parties should jointly go to the marriage registration authority where one of the parties has a permanent residence to register the divorce.

[Legal basis].Article 1077 of the Civil Code of the People's Republic of China.

Within 30 days from 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 for a divorce certificate in person at the Wuyeguan of the Marriage Antchi Registration Machine; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Void. If there is no registration with the marriage registration office, there is no marriage relationship, and of course there is no question of whether to marry or not, and there is no question of divorce or non-divorce. The divorce agreement is naturally invalid.

However, if the marriage certificate is registered but the marriage certificate cannot be found or the marriage certificate is damaged, Article 17 of the Marriage Registration Regulations stipulates that "if the marriage certificate or divorce certificate is lost or damaged, the parties concerned may apply to the original marriage registration authority or the marriage registration authority at the place where one of the parties has a permanent residence with the household registration booklet and ID card." Where the marriage registration organs verify the marriage registration files of the parties and confirm that they are true, they shall reissue the marriage certificate or divorce certificate to the parties. "Then you go to negotiate a divorce agreement with your partner, and if the negotiation fails, you can file a lawsuit in accordance with the law.

[Legal basis].Article 17 of the Marriage Registration Regulations: If a marriage certificate or divorce certificate is lost or damaged, the parties concerned may apply to the original marriage registration authority or the marriage registration authority at the place where one of the parties has a permanent residence with their household registration booklet and ID card. Where the marriage registration organs verify the marriage registration files of the parties to the judgment and confirm that they are true, they shall reissue the marriage certificate or divorce certificate for the parties.