-
Legal analysis: If the divorce agreement is not stamped by the marriage registration authority, it will not take effect. If both 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. Legal basis:
Article 1076 of the Civil Code of the People's Republic of China 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 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 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support.
The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
-
Yes, divorce is not a corporate act. A personal act signature is sufficient.
-
Legal analysisThe divorce agreement does not need to be sealed; As long as the divorce agreement is signed voluntarily by both parties, the divorce agreement will have legal effect after the divorce is registered. A divorce agreement is a written agreement signed by both spouses on the division of property, custody and visitation of children, spousal support, and child support. The divorce agreement must be in writing, signed by both spouses, and approved by the court or the marriage registration administration department before it can be legally valid.
This is one of the requirements for divorce procedures. According to the relevant laws and regulations, a divorce agreement signed by both parties must be issued when going through the 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.
Legal basis:Article 1076 of the Civil Code of the People's Republic of China 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 the handling of debts and affairs.
-
After the divorce agreement is negotiated and agreed by the parties, the last foot of the grip needs to be signed, stamped or sealed by both parties, that is, Ling Rangqing said that one of them can be chosen, if there is no above behavior of both parties, then the divorce agreement cannot be recognized by the parties, how can it be effective? In addition, it should also be noted that the divorce agreement is only established after it is signed or sealed, and it will only take effect after it is registered with the civil affairs department.
The formal divorce agreement is no longer valid. The divorce has already been completed in accordance with the content of the agreement and has legal effect. >>>More
Divorce agreements are okay whether they are handwritten or printed, but nowadays, most divorce agreements are printed. Specifically, the provisions of the Civil Affairs Bureau of China on the requirements for the writing of the divorce agreement are: 1. Specifications in content: >>>More
Yes, you can negotiate with the other party to change the custody of the child, and if the other party does not agree, you can sue the court to change the custody. According to Article 56 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China, "In any of the following circumstances, if one of the parents requests to change the child support relationship, the people's court shall support it: >>>More
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. >>>More
Legal analysis: The differences between a separation agreement and a divorce agreement are as follows: 1. Contents: >>>More