How to apply for divorce registration, how to apply for divorce registration

Legal analysis: The procedures for handling a divorce certificate are:1

Both parties submit a written application for divorce and present their documents; 2.The parties reach a written agreement on the disposal of family property, child support, parental support, creditor's rights, debts and other issues; 3.Fill in the Declaration of Application for Divorce Registration and the Divorce Agreement; 4.

Fill in the application for divorce registration and the marriage registration certificate processing form, and the registration authority will review it. 5.Obtain the Divorce Certificate.

Legal basis: 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.

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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.

Article 10 of the Regulations on Marriage Registration Where a Mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register the 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.

After the Civil Code came into effect, due to the addition of the cooling-off period system for divorce, the procedure for divorce by mutual agreement was changed to:

1) Prepare a divorce settlement. Both men and women must sign a written divorce agreement, which must include the voluntary divorce and agreement on matters such as child support, property and debts.

2) Application acceptance. Both men and women need to go to the Civil Affairs Bureau in person to apply for divorce registration with their ID cards, household registration booklets, marriage certificates, written divorce agreements and other materials.

3) Cooling-off period. Within 30 days from the date of application for divorce registration, if either party is unwilling to divorce, he or she may go to the Civil Affairs Bureau to withdraw the application for divorce registration. This is known as the "30-day cooling-off period".

4) Review and issuance. If the 30 days are over, from the 31st day to the 60th day, both the man and the woman must go to the Civil Affairs Bureau in person to apply for a divorce certificate.

Both parties go to the civil affairs bureau of the place of registration with the divorce agreement.

Hello, 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. When applying, the following documents and certificates should be presented: (1) household registration certificate; (2) Resident ID card; (3) A letter of introduction issued by the unit, villagers' committee or residents' committee; (4) Divorce agreement; (5) Marriage certificate.

The divorce agreement shall clearly state the parties' expressions of intent to divorce, child support, financial assistance for one of the spouses in financial difficulties, property and debt disposal, and other matters in the agreement. The content of the agreement should be conducive to the protection of the lawful rights and interests of women and children.

You can go to the local civil affairs bureau for consultation and handling, or you can find some information on the Internet, first do what you know, and then go to the local civil affairs bureau to handle it.

The procedure for registering a divorce is as follows:

Divorce registration shall be handled in accordance with the procedures of acceptance, preliminary examination, examination, and registration (issuance of certificates).

1) The parties submit documents and supporting materials;

2) The marriage registrar shall inspect the corresponding documents and supporting materials;

3) The marriage registrar shall explain to the parties the conditions of the Marriage Law on the registration of divorce;

4) The marriage registrar asks the parties about their willingness to divorce and their willingness to the content of the divorce agreement;

5) Where both parties voluntarily divorce and reach a consensus on matters such as child support, property and debt handling, both parties shall fill out the "Declaration of Application for Divorce Registration" and sign it in front of the oath supervisor;

6) Both husband and wife sign the divorce agreement in person; The Registrar of Marriages is the Commissioner of Oaths. One copy of the agreement for each spouse and one copy for filing at the Marriage Registry;

7) The marriage registrar shall review the documents submitted by the parties, the declaration of application for divorce registration, and the divorce agreement, and if the conditions for divorce are met, fill in the "Divorce Registration Review and Processing Form" and the divorce certificate;

8) Issuance of divorce certificates. The issuance of a divorce certificate shall be carried out in the presence of both parties in accordance with the following steps:

1. Verify the name, date of birth, and willingness to divorce with both parties;

2. Inform the parties of the legal relationship after receiving the divorce certificate, the relationship with the children after the divorce, and the obligations they should fulfill;

3. Witness the parties themselves to sign in the column of "Signature or Fingerprint of the Parties" in the "Divorce Registration Review and Processing Form"; Where the parties do not know how to write their names, their fingerprints shall be pressed.

4. Affix a strip-type seal on the marriage certificate of the parties, which indicates that "both parties are divorced, and the certificate is invalid." Marriage Registry". The cancelled marriage certificate will be returned to the parties.

5. Issue the divorce certificate to both parties to the divorce, and announce to both parties: obtain the divorce certificate and dissolve the relationship between husband and wife.

Divorce registration process:

The procedure for registering a divorce is:1A divorced man and a woman jointly apply to the marriage registration office of the district or county-level civil affairs bureau where one of the parties has permanent residence.

2.Both parties fill in the declaration form and sign or fingerprint in front of the marriage registrar.

3.The intention of both parties to sign the divorce agreement agreeing to the contents of the agreement and to sign or fingerprint it in the presence of the marriage registrar.

4.The marriage registration organs are to conduct a review of the documents, agreements, and supporting materials submitted by the parties to the divorce, and where the requirements for divorce registration are met, they are to be registered.

Legal basis] According to Article 31 of the Marriage and Tobacco Law, if a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

1. How to apply for divorce registration.

1. The process of applying for divorce verification registration is as follows:

1) The husband and wife negotiate matters such as child support, property and debt disposal;

2) Sign a divorce agreement;

3) Both parties jointly go to the marriage registration authority where one of the parties has a permanent residence to register for divorce;

4) After a 30-day period of calm change, both parties shall apply for a divorce certificate in person at the marriage registration authority.

2. 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 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.

If the marriage registration authority ascertains 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.

2. What materials need to be prepared to apply for divorce.

The materials that need to be prepared to apply for divorce are as follows:

1. Hukou of both men and women;

2. The ID card of both men and women must be within the validity period;

3. The divorce agreement negotiated by both parties, the negotiation of property division and the custody of children;

4. Both parties shall submit two 2-inch single recent half-length bareheaded colors**.

Divorce by mutual agreement is handled according to the following state procedures: application. A man and a woman who wish to divorce jointly file an application for divorce at the marriage registration office.

Conduct a preliminary review. If the conditions for acceptance are met, a "Receipt of Acceptance of Divorce Registration Application" will be issued, and those that do not meet the requirements will not be accepted.

After a cooling-off period for divorce. If one of the parties withdraws the application for divorce, the procedure is concluded.

If the application is not withdrawn after the cooling-off period, both parties shall jointly apply to the marriage registration authority for the issuance of a divorce certificate.

The marriage registration machine will review whether the conditions for divorce are met. A divorce certificate will be issued if the conditions are met.