Is it okay if both parties are willing to divorce in the civil district?

Updated on society 2024-06-18
20 answers
  1. Anonymous users2024-02-12

    Yes, you can go to the Marriage Registration Office of the Civil Affairs Bureau to register the divorce.

    According to the Marriage Registration Regulations:

    Article 10: Where a mainland resident voluntarily divorces, both men and women shall jointly go to the marriage registration authority for the place where one of the parties has a permanent residence to register for 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.

  2. Anonymous users2024-02-11

    Yes! Bring the ID cards, household registration booklets, and marriage certificates of both parties, and then prepare a two-inch single photo, a copy of the certificate and a divorce agreement, and you can go through the divorce procedures!!

  3. Anonymous users2024-02-10

    In the case of divorce by mutual consent, you can go to the Civil Affairs Bureau to register the divorce, and you need to prepare some materials here, such as a copy of your ID card and household registration book. In addition, the parties also need to negotiate the division of property and the custody of children. If these things are not negotiated, they can only be resolved in court.

    In addition, after the promulgation of the Civil Code, there is a cooling-off period for divorce. Within 30 days after both parties apply for divorce, as long as one party does not agree, they can go to the Civil Affairs Bureau to cancel the divorce application. If the divorce certificate is not obtained within the specified time, the Civil Affairs Bureau will automatically default to the withdrawal of the divorce application by both parties.

    1. Going through divorce proceduresMarriage and divorce have always been something you are willing to do, and the law will not force it. If two people really love each other, they can go to the Civil Affairs Bureau to register their marriage and receive a marriage certificate. If two people are fated to come to an end, they can also go to the Civil Affairs Bureau to apply for divorce.

    Now there are civil affairs bureaus in various regions, and except for special festivals such as February 14, May 21, and Qixi Festival, other days can be completed quickly.

    The specific process is to go to the Civil Affairs Bureau to apply for divorce with the marriage certificate, ID card and copy, household registration book and copy, two 1-inch ** sheets of both parties, and the divorce agreement. In order to avoid regret on both sides, it is advisable not to sign the agreement lightly until a decision has been made. After the application is successful, you can wait for the cooling-off period to end and get the divorce certificate.

    2. There are many templates for divorce agreements on property and child custody on the Internet, if you don't know how to write them, you can refer to them, or you can ask a lawyer to help you. It should be noted that the custody of the child must be mentioned in the divorce agreement, otherwise even if both parties sign, it will not have legal effect. The other thing is about the division of property, which may be more complicated, and it is best to negotiate between two people.

    If the negotiation is not appropriate, it is recommended to go through the legal process, and the same is true for custody.

    The biggest impact of divorce between husband and wife is the child, and if the child has already started a family, it will not be affected too much. But if it's a child, then it will become a single-parent family. It is very detrimental to the growth of children.

    3. Provisions of the Civil CodeAfter the promulgation of the Civil Code, the original Marriage Law was replaced. Some of the content in it has also changed. Regarding divorce, the biggest change is the addition of a 30-day cooling-off period.

    Both parties need to wait 30 days to apply for divorce at the Civil Affairs Bureau, and if one party regrets it, they can withdraw the application. At this time, if the other party insists on divorce, he can only sue in court. It should be noted that after the divorce is registered, the divorce certificate must be obtained within a fixed time, otherwise it will automatically be regarded as abandonment, and the marriage relationship is still legal.

  4. Anonymous users2024-02-09

    If both parties agree to divorce, you can go directly to the Civil Affairs Bureau to go through the divorce procedures, and you can go to the Civil Affairs Bureau to handle the divorce with your ID cards, household registration book and marriage certificate.

  5. Anonymous users2024-02-08

    Hello, no, because according to the new Civil Code Law: Article 1077 [Cooling-off Period for Divorce] Within 30 days from the date of receipt of the divorce registration application by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the divorce registration application to the marriage registration authority.

  6. Anonymous users2024-02-07

    Yes, both parties can go to the Civil Affairs Bureau to go through the divorce procedures together through negotiation, and wait for the 30-day cooling-off period to receive the divorce certificate.

  7. Anonymous users2024-02-06

    You can go to the Civil Affairs Bureau to register first, but you can't go through the divorce procedures directly, you must go through a one-month cooling-off period, and this cooling-off period cannot be skipped, so you can't handle it directly.

  8. Anonymous users2024-02-05

    Yes, because both parties do not have any opinions on the situation of divorce, in fact, they can handle it directly, and they can get the divorce certificate after the divorce cooling-off period.

  9. Anonymous users2024-02-04

    If both husband and wife reach an agreement on divorce and property and child support, they can divorce by agreement, and they can go directly to the Civil Affairs Bureau to go through the divorce procedures without going through other procedures.

  10. Anonymous users2024-02-03

    Yes. If both people agree, then you can go directly to the corresponding place to go through the divorce procedures, and you will also get a very good result.

  11. Anonymous users2024-02-02

    If both parties agree, then it is a divorce negotiated by both parties, and both parties negotiate on issues such as child support, real estate, joint property, and debts and debts, and sign a divorce agreement after reaching an agreement. Both parties can go to the Civil Affairs Bureau to go through the formalities with the marriage certificate, household registration book, ID card, and divorce agreement.

  12. Anonymous users2024-02-01

    Both parties agree to the divorce, and the division of property and child support are agreed upon, then you can go to the Civil Affairs Bureau to go through the divorce procedures.

  13. Anonymous users2024-01-31

    To go to the Civil Affairs Bureau for divorce, you need to bring the following materials:1Register. 2.Identity card. 3.Marriage Certificate. 4.Divorce Settlement. 5.With the same background color, two of the recent frontal color bareheaded two-inch single**.

  14. Anonymous users2024-01-30

    No, there is a cooling-off period for divorce now, and if you voluntarily divorce, you also need to go through the divorce procedures after 30 days.

  15. Anonymous users2024-01-29

    OK. However, the Civil Affairs Bureau will usually give you a one-month reprieve period.

  16. Anonymous users2024-01-28

    Legal Analysis: No, divorce registration should be done at the marriage registration authority where one of the male and female parties has a permanent residence. In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or regrets not performing the fortune after signing the divorce agreement, then the divorce should be filed in the court where the defendant is domiciled, or in the court where the defendant has lived for more than one year, and if the defendant's whereabouts are unknown or imprisoned for more than one year, the divorce can be filed in the court where the plaintiff is located.

    The first instance is generally 6 months, and the second instance is 3 months.

    Legal basis: Article 10 of the "Marriage Registration Regulations" If a resident of the filial piety area voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority 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 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 register the divorce.

  17. Anonymous users2024-01-27

    Legal Analysis: Both parties must go to the Civil Affairs Bureau for divorce. If both husband and wife divorce voluntarily, they shall apply for divorce registration in person at the marriage registration authority.

    Legal basis: Civil Code of the People's Republic of China

    Article 1076: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' intention 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 a family member;

    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.

  18. Anonymous users2024-01-26

    The parties to the divorce must go to the Civil Affairs Bureau. Whether it is marriage or divorce, it is a change in personal relationship and must be the true intention of the parties, so it cannot be represented by others. When applying, all parties should apply in person to the marriage registration authority where the household registration is located, the certificate of household registration, the certificate of the resident's physical fitness, the divorce agreement, and the marriage certificate.

    Article 11 of the Regulations on Marriage Registration Mainland residents who apply for divorce registration shall present the following documents and supporting materials: (1) their household registration booklet and identity 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 valid passports or other valid international travel documents.

    The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the opinions of the parties on matters such as child support, property and debt disposal.

  19. Anonymous users2024-01-25

    Legal Analysis: Yes. The institution handling the divorce formalities is the local civil affairs department.

    You need to bring the information, the household registration book of both parties, ID cards, marriage certificates, and 2 2-inch single recent half-length bareheaded**. In a divorce by mutual agreement, both parties must agree on whether to divorce or not, division of property, division of debts, etc. Otherwise, there is no way to negotiate a divorce, and the divorce can only be obtained through litigation.

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

  20. Anonymous users2024-01-24

    Legal analysis: If it is a divorce by agreement, after negotiation between the two parties, go to the original marriage registration authority to go through the divorce formalities and receive the divorce certificate with the divorce agreement, marriage certificate and ID card of both parties; If one party does not agree or regrets Shiran's non-performance after signing the divorce agreement, then the divorce should be filed through litigation, in the court where the defendant is domiciled, or in the court where the defendant has lived for more than one year.

    Legal basis: Article 10 of the Marriage Registration Regulations provides that if 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 the Chinese internal office, 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's permanent residence is located to register the divorce.

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