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The divorce agreement can be obtained at the local marriage registry office.
It is best to write the divorce agreement yourself. If there is no dispute between the two parties, they can also go to the local marriage registration office (divorce office) to collect it, and fill in the content according to the negotiation between the two parties.
The divorce agreement is a substantive document for the registration of divorce (divorce by agreement), which must be carefully prepared by both parties and signed by both parties.
1. The registration of the divorce is an expression of the true intentions of the parties;
2. Where the child lives with, and the expenses for the child's upbringing that the party not living with the child should bear, and the method and duration of payment;
3. Division of common property (quantity and value belonging to the parties with a list attached);
4. Enjoyment and repayment of joint creditor's rights and debts;
solutions to housing problems;
6. The method and duration of financial assistance to the party in difficulty;
7. The manner in which the right of visitation of the parent who does not live with the child is exercised and the obligation of the other parent to assist;
8. Other matters that need to be clarified in the agreement;
9. Signatures (seals or fingerprints) of both parties;
10. The time when the divorce agreement is prepared.
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Legal Analysis: Take it in the rough record of marriage registration. Divorce Settlement Writing:
1. The identity information of both parties (name, address, ID number, etc.) 2. The expression that the registration of divorce is the true intention of both parties 3. There is an agreement on the custody, alimony, and visitation rights of Zisou Shennu 4. An agreement on the joint property, creditor's rights and debts of the husband and wife 5. Other matters that need to be clarified in the agreement; 6. Signatures (fingerprints) of both parties; 7. The date on which the divorce agreement was signed.
Article 1076 of the Civil Code of the People's Republic of China: Where a 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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The divorce agreement is taken at the marriage registry office. The details are as follows:
1. The divorce agreement should be collected at the local marriage registration office, that is, the divorce office;
2. Fill in the content according to the negotiation between the two parties;
3. The divorce agreement can also be drafted by the parties themselves after reaching a consensus through consultation. The role of the agreement: to make an agreement on voluntary divorce, property division, debt bearing, child support, and when going through the divorce registration formalities, keep a copy of the divorce agreement for the record with the Civil Affairs Bureau.
Civil Code of the People's Republic of China
Article 1076.
Divorce by agreement] 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 office.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions of the elders on matters such as child support, property, and debt disposition. Article 1079.
Divorce by litigation] If one of the spouses requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and the mediation is ineffective, 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.
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Legal Analysis: The divorce agreement can be collected at the local marriage registry office (divorce office).
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' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property, and debt disposition.
Article 1077: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, the application for divorce registration may be withdrawn from the marriage registration authority.
Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.
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Refer to the online template divorce agreement, and the two parties can reach an agreement on child support and property issues, and both parties can sign it and go to the civil affairs department where the household registration is located to handle it.
If you divorce by agreement, the two of you should discuss it, write the agreement by yourself first, and then take the corresponding documents to the Civil Affairs Bureau to handle it at the marriage registration office Then there is a clerk to draft a divorce agreement for you Please be cautious about divorce
If the two of you have negotiated the divorce, you can go to the Civil Affairs Bureau to get the divorce certificate, and the divorce certificate is to go to the place where you handled the marriage certificate at that time to get it, and the procedure is almost the same as the marriage certificate The divorce agreement is an agreement reached by both of you, and the Civil Affairs Bureau will not interfere, if the two parties can't negotiate, then you have to sue the court for divorce
Go to the civil affairs bureau of the place where you get the certificate, and the divorce agreement can be written by yourself, but both parties must verify the words. The division of common property and the maintenance of children should be reached in a timely manner.
You should go to the registry office to get the agreement, and the divorce is usually in the place where the household registration is located.
Divorce Settlement.
It must be in writing, signed by both husband and wife, and recognized by the court or the marriage registration administration department in order to have legal effect. According to the latest marriage registration regulations, a divorce agreement signed by both parties must be issued when going through divorce procedures. The divorce agreement shall contain the parties' intention to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.
1. The registration of the divorce is an expression of the true intentions of the parties;
2. Where the child lives with, and the expenses for the child's upbringing that the party not living with the child should bear, and the method and duration of payment;
3. Division of common property (quantity and value belonging to the parties with a list attached);
4. Enjoyment and repayment of joint creditor's rights and debts;
solutions to housing problems;
6. The method and duration of financial assistance to the party in difficulty;
7. The manner in which the right of visitation of the parent who does not live with the child is exercised and the obligation of the other parent to assist;
8. Other matters that need to be clarified in the agreement;
9. Signatures (seals or fingerprints) of both parties to the lead spine;
10. The time when the divorce agreement is prepared.
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