What are the conditions for divorce in the provisions of the new Marriage Law?

Legal Analysis: The conditions for divorce stipulated in the New Marriage Law: (1) bigamy or cohabitation with another person who has a spouse; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts; Wait a minute.

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.

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 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.

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.

According to Article 31 of the Marriage Law and Chapter III of the Regulations on the Administration of Marriage Registration for Divorce Registration, the following conditions must be met for divorce:

1. Both the divorced man and the woman must have legal husband and wife status.

Divorce is the dissolution of the marital relationship between the parties to the marital relationship, therefore, the parties to the divorce by mutual agreement must have a legal husband and wife relationship. The relevant provisions on divorce by mutual agreement do not apply to the dissolution of illegal cohabitation by parties who do not have the legal status of husband and wife.

If there is no "Marriage Certificate" or "Certificate of Relationship between Husband and Wife", indicating that they do not have a legal marital relationship, they cannot confirm their identity as husband and wife, and they cannot go through the divorce formalities.

2. Both parties must be persons with full capacity for civil conduct.

Divorce is an important civil legal act, and a registered divorce can only be carried out when both parties have full civil capacity. Where one or both parties have limited or no capacity for civil conduct, the marriage registration management organs will not accept it.

For the divorce of one of the husband and wife who is a person with no or limited civil capacity, it must be resolved in accordance with the litigation procedures and the legal **person** shall be litigated.

3. Both parties to the divorce must have an agreement on divorce.

The agreement of both parties in divorce is the most important condition for divorce by agreement. If one party does not wish to divorce, it cannot be handled according to this procedure. If both parties voluntarily divorce, they must be willing to dissolve the marriage relationship with each other from the hearts of both spouses and sincerely.

It is not a divorce in which both parties are angry or emotionally impulsive; It is not a divorce in which one party fraudulently or cajoled the other party to agree; It is also not a divorce in which the parents or a third party coerce one or both parties to consent to divorce; It is not a fake divorce in which the parties maliciously collude for their own purposes or common purposes.

4. At the time of divorce, the division of the joint property of the husband and wife must be properly handled.

Property issues mainly refer to the division of joint property of the husband and wife, the repayment of joint debts, and the financial assistance to the spouse in difficulty during the divorce, especially the housing problem after the divorce. In dealing with these issues, the principles of equality between men and women, the protection of the legitimate rights and interests of women and children should be reflected, and due consideration should be given to the parent living with the minor children.

5. Divorce must be legal.

First of all, the motives and purposes of the divorce should be legitimate, and divorce cannot be used to circumvent the law and achieve other personal goals. Secondly, the content of the divorce agreement must comply with the law and policy, that is, the agreement on child support issues must be legal and must not affect the healthy growth of the children due to the divorce of the parents.

Only when a husband and wife meet the above conditions go through the divorce registration formalities in person at the marriage registration office can the marriage registration authority approve the registration, withdraw the "Marriage Certificate" and issue the "Divorce Certificate".