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Specialized. Professional guidance is required, and caution is required.
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1) The person's household registration booklet and ID card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties. Hong Kong residents, Macao residents and Taiwan residents shall also present their own valid passes and ID cards, and overseas Chinese and foreigners shall also present their valid passports or other valid international travel documents.
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Analysis of the law of legal auction and demolition: (1) the person's household registration book and ID card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties. Hong Kong residents, Macao residents and Taiwan residents shall also present their valid passports and identity cards, and overseas Chinese and foreigners shall also present their valid passports or other valid international travel documents.
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 office by issuing a congratulatory notice.
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 1077:Within 30 days of 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certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
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Determination of divorce evidence obtained from abroad. Due to geographical restrictions, it is impossible for judges to understand the rules and characteristics of public documents in each country, nor can they arbitrarily summon witnesses or collect physical evidence, and the confirmation of their authenticity has become an important link in trial activities.
The Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings (hereinafter referred to as the "Evidence Provisions") provide for the determination of the authenticity of evidence obtained outside the territory.
It can be said that for the first time, the Evidence Provisions clearly stipulate that evidence formed by parties abroad must be notarized and authenticated. Paragraph 1 of Article 1l stipulates that if the evidence provided by a party to a people's court is formed outside the territory of the People's Republic of China, the evidence shall be certified by a notary public in the country where it is located and authenticated by the embassy or consulate of the People's Republic of China in that country, or the certification formalities stipulated in the relevant treaties concluded between the People's Republic of China and the country where it is located shall be performed.
According to the provisions of this article, in the future, any evidence formed abroad that has not been notarized or authenticated or has not fulfilled the proof provided for in the bilateral treaty shall not be used as evidence.
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Evidence formed abroad is not accepted by the courts for direct use in China, and needs to be authenticated by Chinese embassies abroad in order to be effectively used.
Notarization and authentication steps.
Certified by a Notary Public.
Door Certification.
Authentication by Chinese embassies and consulates abroad.
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Litigation in divorce cases refers to a request by one party to the marriage relationship to the people's court to dissolve the marriage relationship with the other party in accordance with law. One of the parties to the lawsuit is the plaintiff, and the party being sued is the defendant, and after the litigation begins, the parties enjoy the litigation rights and bear the litigation obligations in accordance with the law.
According to the provisions of the Civil Procedure Law of the People's Republic of China, general territorial jurisdiction applies to divorce proceedings. That is, the party who requests a divorce must file a lawsuit with the people's court at the place where the defendant's household registration is located, and if the defendant's place of household registration is inconsistent with the place of habitual residence, the defendant must file a lawsuit with the people's court at the place of habitual residence.
When filing a divorce case, the litigation materials include:
1. Pleadings; 2. ID card;
3. Marriage certificate or marriage registration document;
4. Hukou (with children);
5. Birth certificate (if there are children);
6. Evidence (submitted by the plaintiff according to the litigation claim, and submitted by the defendant according to the purpose of the defense).
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