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Divorce can only be obtained if there is a legal marriage relationship, and if the local custom is to withdraw from the marriage after the engagement, the marriage is not considered a divorce if the marriage is not registered at the marriage registration office.
According to the Marriage Law of the People's Republic of China
Article 8 A man and a woman who wish to marry must register their marriage in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate establishes the relationship between husband and wife. Where marriage registration has not been completed, the registration shall be re-registered.
Article 31: Where both men and women divorce voluntarily, the divorce is 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.
Article 32: Where a man and a woman request a divorce, the relevant departments 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 mediation fails, the divorce should be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
bigamy or cohabitation of a spouse.
Committing domestic violence or abusing or abandoning family members.
Those who have bad habits such as gambling and drug abuse that they have repeatedly been taught.
Separated for two years due to emotional discord.
Other circumstances that lead to the breakdown of the relationship between the husband and wife.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
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1.Legal procedures: Divorce needs to be carried out according to specific legal procedures, which may take a certain amount of time and expense, while divorce does not have this problem, and only needs to be resolved through negotiation between the parties.
2.Property division: If a couple's property division is unfair at the time of divorce, it can result in financial loss to one of the spouses. In the case of divorce, the husband and wife generally do not have joint property, so this problem will not exist.
In general, divorce may be simpler and more convenient, but divorce can solve more problems, such as the division of property and the subsequent handling of rights and obligations. Therefore, for couples or couples, the choice of divorce or divorce should be made on a case-by-case basis. At the same time, it is recommended that you consult a professional lawyer or a search teacher before making a decision.
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