Can I get a divorce unilaterally if I have a divorce agreement and a separation agreement?

Legal analysis: The differences between a separation agreement and a divorce agreement are as follows: 1. Contents:

The separation agreement includes the division of marital property, the determination of child support, etc.; The divorce agreement includes both parties' willingness to divorce, division of property, child custody, etc. 2. Validity: As long as the separation agreement is agreed upon by the two parties and does not violate the provisions of the law, it is of course valid in accordance with the law; The divorce agreement takes effect after the divorce is processed.

3. Purpose: The former is for the husband and wife to shoot separately in life; The latter is to dissolve the marriage.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Lease He Shihua If the 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' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Divorce is possible with or without a separation deed. There are two types of divorce: divorce by agreement and divorce by litigation. The premise of a divorce by mutual agreement is that both parties agree on the ownership of child custody and the division of property.

If the agreement is not reached, one party may file for divorce with the people's court. According to the first paragraph of Article 1076 of the "Civil Code," if a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. Paragraph 1 of Article 1079 stipulates that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.

Article 1076, Paragraph 1 of the Civil Code, 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. Article 1079, Paragraph 1 of the Civil Code provides that 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.

There is a separation deed that allows for a divorce. The husband and wife signed a written separation agreement before the divorce proceedings, which just provided evidentiary support for the determination of the fact of separation, which was naturally more conducive to the handling of divorce procedures. There are two types of divorce: divorce by agreement or litigation.

If the agreement fails, you can only sue for divorce. Divorce by mutual agreement is the most convenient and fast, but the premise is that both parties can reach an agreement on child support and property distribution, and both parties can go to the Civil Affairs Bureau with their household registration booklet, marriage certificate, and ID card.

1. What things do you need to bring to the Civil Affairs Bureau for divorce?

There are two types of divorce: litigation divorce and divorce by agreement. If it is an unagreed divorce, you need to bring your ID card, household registration booklet, marriage certificate and divorce agreement to the time of divorce. If you do not have a household registration certificate issued by the household registration department, you will not be able to go through the divorce procedures if you do not have a household registration certificate to reapply for a household registration book or hold a household registration certificate.

However, if it is a litigation divorce, you need to live separately for two years before you can get a divorce. In this case, you can enter the divorce procedure with only the divorce complaint, ID card, marriage certificate, the original birth certificate of the child and the side mouth of the household. If it is necessary to divide the property, bring the proof of property, so that you can also sue for divorce.

2. Whether the marriage will be automatically dissolved after two years of separation?

After two years of separation, the marriage cannot be automatically dissolved.

There are two ways to divorce in China, one is divorce by agreement, and the other is divorce by litigation, and there is no automatic divorce.

1.If the two parties can reach an agreement on divorce, child support, division of property, etc., both parties may personally bring their ID cards, household registration booklets, marriage certificates and divorce agreements to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce.

2.If the two parties cannot reach an agreement on the above issues, the party who wants to divorce may go to the court where the defendant is domiciled to file for divorce. If the court finds that the relationship between the husband and wife has broken down, it will grant a divorce.

There is a separation agreement to get a divorce. There are two ways to get divorced:

1. Divorce by agreement, divorce by agreement is the most convenient and fast, but the premise is that both parties can reach an agreement on child support and property distribution, and both parties can go to the Civil Affairs Bureau with their household registration book, marriage certificate, and ID card.

2. If the agreement fails, it is necessary to sue for divorce, and the plaintiff who sues for divorce needs to prepare his own ID card and copy, the other party's ID card or household registration certificate, marriage certificate, complaint, children's birth certificate, property information and other relevant materials.

1. What materials are needed to sue for divorce?

Regarding the materials required to sue for divorce, divorce is divided into divorce by agreement and divorce by lawsuit. For divorce by mutual agreement, the original household registration booklet, original ID card, original marriage certificate and divorce agreement of both parties are required to go through the formalities at the civil affairs bureau where either party is registered. If you are suing for divorce, you need to file a complaint, the original and copy of the identity certificate, the original and copy of the marriage certificate, the other party's residence certificate or household registration certificate, and then go to the court of the other party's habitual residence or household registration.

2. What are the materials that need to be prepared for divorce procedures?

1. Divorce by agreement, after the husband and wife reach a divorce opinion, and reach a consensus on the division of property and child support, they can go to the Civil Affairs Bureau in person to go through the divorce procedures.

Documents to be submitted for the registration of divorce by agreement:

1. Permanent residence booklet and resident ID card.

2. Marriage certificates of both parties.

3. The divorce agreement of both parties.

4. Both sides should submit 2 2-inch single recent half-length bareheaded colors**.

Second, in the case of litigation divorce, if the two parties fail to reach an agreement through negotiation, they can use the method of litigation divorce to divorce, and the plaintiff's ID card, marriage certificate, and complaint are required to file the case in court.

The materials required for litigation divorce include: complaint, marriage certificate, ID card, evidence of the breakdown of the relationship between the husband and wife, etc.

Legal Analysis: Separation agreements are not recognized by Chinese law. The signing of the separation agreement by the parties is of great significance in avoiding hasty divorce, alleviating family conflicts, and avoiding domestic violence, and the establishment of the separation system can become a useful supplement to China's marriage system.

The separation agreement can serve as evidence in the trial of divorce cases.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife 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 enter into mediation for the lack of conduct; If the relationship between the filial piety family has indeed broken down and the 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.