What are the benefits of divorce by mutual agreement compared to divorce by litigation?

Legal Analysis:

As long as the formalities are complete, the parties can generally apply for a divorce certificate on the spot; The time required for a litigated divorce can range from one month to several months. If one of the parties is abroad, or even missing, the divorce takes longer, perhaps up to about two years. According to the trial time limit of the Civil Procedure Law of the People's Republic of China (hereinafter referred to as the "Civil Procedure Law"), the trial time limit is 3 months for divorce cases tried according to summary procedures, and 6 months for divorce cases tried according to ordinary procedures.

For example, in Shanghai, if the property dispute is less than 5 million yuan in general divorce cases, and there are no other major and complex factors, the summary procedure is basically applicable. For major or relatively complex cases, ordinary procedures are generally applied. Therefore, a divorce by mutual agreement takes the shortest amount of time compared to a litigated divorce.

It can be seen that divorce by agreement is the most time-saving and cost-effective way of divorce.

Legal basis:

On December 31, 2015, the Ministry of Civil Affairs promulgated the Marriage Registration Work Specification. The new version of the standard, which was issued for the first time in 12 years, came into effect on February 1, 2016. In the norms, the divorce agreement is stipulated as follows:

Article 55: The conditions for accepting an application for divorce registration are:

a) The marriage registry office has jurisdiction;

2) The husband and wife who request a divorce jointly apply to the marriage registry office;

3) Both parties have full capacity for civil conduct;

4) The parties hold a divorce agreement, which clearly states the parties' intention to divorce voluntarily and the opinions reached through consensus on matters such as child support, property and debt handling;

5) The parties hold a marriage certificate issued by the Mainland marriage registration authority or the Chinese embassy (consulate) abroad;

6) The parties each submit two 2-inch single recent half-length bareheaded **;

7) The parties hold valid identification documents provided for in articles 29-35 of these Norms.

Article 1079 of the Civil Code: [Divorce by Litigation] Where one of the spouses 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 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.

Hello, the main advantage is in terms of time and cost.

In terms of time, divorce by agreement can generally be completed within 30-60 days, but the filing and trial period of litigation divorce are relatively long, and if the general summary procedure is tried, the judgment shall be made within 3 months of the lawsuit, and the ordinary procedure shall be 6 months at the latest, and if there is a second instance, the trial time limit of the second instance is 3 months. Moreover, if the court decides in the divorce case for the first time, and the plaintiff has no new circumstances or reasons within 6 months, he cannot sue for the second time. Therefore, if the defendant does not agree to the divorce, the divorce by litigation will take about two years.

In terms of fees, divorce by agreement generally only requires the cost of the marriage registration authority, but litigation divorce may involve lawyer's fees, litigation fees, enforcement preservation fees and other expenses.

Relevant Laws] Civil Procedure Law

Article 243: The parties concerned must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.

Article 1085 of the Civil Code: After divorce, if the children are directly raised by one party, the other party shall bear part or all of the maintenance. 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.

1. Analysis of the advantages and disadvantages of litigation divorce and divorce by agreement.

1) Divorce by mutual agreement.

1. Advantages of divorce by agreement: time-saving and economical.

According to the "Civil Code", we know that as long as both men and women divorce voluntarily, they should hold their household registration book and ID card; Marriage certificate of the applicant; Divorce Agreement signed by both parties; If an individual has recently been exempted from the crown**, the divorce will be granted. It is only required that the husband and wife agree to divorce, and they must apply for divorce in person at the registration office. However, generally speaking, if the materials are complete, the agreement can be completed in about half an hour.

2. Disadvantages of divorce by agreement: Divorce agreements are prone to disputes.

Although the divorce process by mutual agreement is convenient, time-saving, and economical, there are some disadvantages. First of all, the requirements for the preparatory stage of a divorce by mutual agreement are relatively strict, for example, the husband and wife must reach an agreement on issues such as the intention of divorce, and reach an agreement on issues such as property division and custody. After a divorce by agreement, the performance of the divorce agreement depends on the parties' conscious compliance and performance, which is easy to regret and cause disputes, and if the other party is required to perform the divorce agreement, it is necessary to go to the court for litigation.

Therefore, it is recommended that when the divorce agreement is signed, it is best to ask a lawyer to check it to avoid unnecessary sequelae.

2) Divorce by litigation.

1. Advantages of litigation divorce: fight for rights and interests and effectively resolve disputes.

Litigation divorce is a divorce system in which the parties to a marriage submit a request for divorce to the people's court, and the people's court dissolves their marriage through mediation or judgment. The litigation divorce system is applicable to situations where the parties have disagreements on divorce, including divorce disputes arising when one party requests a divorce but the other party does not agree to the divorce; or the parties have agreed to the divorce, but they cannot reach an agreement on the issue of children and property and make appropriate dispositions. Petition for divorce (in triplicate) may be held; Hukou booklet; ID card (temporary ID card, household registration certificate, military officer certificate, non-commissioned officer certificate, military civilian cadre certificate, etc.); The marriage certificate is filed with the people's court, and after the trial, the marriage relationship is dissolved through mediation or judgment.

It can be seen that the simplicity of the divorce procedure by mutual agreement is based on the willingness of both parties, but if the dispute between the two parties over property, custody and other aspects is relatively large, it is a more direct and effective way to file a lawsuit in the court, and it is also conducive to fairly fighting for their own rights and interests, and can also effectively avoid the appearance of non-performance of the agreement.

2. Disadvantages of litigation divorce: litigation drags down and affects feelings.

For some divorce disputes that cannot be resolved through negotiation, litigation can be effectively resolved, but from the perspective of litigation divorce procedures, it is relatively complicated, and it is inevitable to endure a long period of litigation. In addition, settling the divorce case through the court means that both parties tear their faces, which inevitably deepens the hatred and hostility of the husband and wife.

First of all, I would like to share with you the two options for the current legal divorce A and the pros and cons of each. The first is divorce by agreement, that is, two people have no dispute about the main issues of divorce, they reach an agreement, and then take the agreement to the Civil Affairs Bureau to get a divorce certificate, you can get a divorce certificate on the same day, but now after the divorce cooling-off period, you need more time to calm down and help you choose rationally, which is also the original intention of our column. The second is litigation divorce, which is to sue in court, which is what we often call a divorce lawsuit.

Judging from the process of the two situations, in general, it is more advantageous to divorce by agreement: save time, save money, and do not tear your face.

China's basic national policy is to focus on economic construction, and when a legal action cannot be determined, both parties to the lawsuit will be punished together. Divorce by litigation comes at a great cost, and it is advisable to divorce by agreement.

Hello, different divorce methods have their own characteristics, you can describe your specific situation at the moment, and make a comprehensive judgment. The comparison of the two types of divorce by a home-to-home lawyer is as follows:

Divorce by agreement: 1. Applicable circumstances: both parties are required to reach a consensus through consultation (divorce, child support, and property division are all agreed upon, otherwise it cannot be handled; 2. Requirements:

Both parties must be present in person, and cannot be handled by others**; 3. Advantages: fast speed and low cost; 4. Disadvantages: It must be handled at the marriage registration authority where one party's household registration is located, and if the permanent residence of both parties is inconsistent with the place of household registration, it may be more troublesome.

In addition, the divorce agreement is not enforceable, and if one party fails to perform, it is necessary to apply to the court for enforcement.

Divorce by litigation: 1. Applicable circumstances: if the two parties cannot reach an agreement on one of the three issues of divorce, child support or property division, it can only be resolved through litigation, and the two parties have registered their marriage abroad and both parties are foreigners and need to be resolved through litigation divorce; 2. Requirements:

Under normal circumstances, the parties have to appear in court, but under special circumstances (such as the parties are abroad and it is inconvenient to return to China), they can be handled by ** people; 3. Advantages: wide scope of application, the instrument is enforceable. 4. Disadvantages:

It takes a long time and is costly, and may involve litigation costs, evaluation fees, etc. If there are foreign-related factors, it is recommended to consult a professional lawyer to determine the appropriate divorce method.

Related to the Reciting Charter].

Article 1079 of the Civil Code: If one of the husband and wife requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with 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) Gambling and drug addiction and other vices that have been repeatedly taught;

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 the people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

Article 62 of the Civil Procedure Law: If there is a litigant in a divorce case, the person shall still appear in court unless he or she is unable to express his intentions; Where they are truly unable to appear in court due to special circumstances, they must submit a written opinion to the people's court.

1. Advantages of divorce by mutual agreement. 1. The operation is simple and fast. 2. No fee is required.

3. Few people know Changhan and have strong privacy. 4. It is possible for the parties to take the initiative to perform. 2. Disadvantages of divorce by agreement.

1. The divorce agreement does not have the effect of enforcement. 2. The divorce agreement reached by oneself often leaves hidden dangers. 3. The property division clause in the divorce agreement may be revoked or changed.

Analysis of the pros and cons of divorce by agreement and divorce by litigation

Analysis of the pros and cons of divorce by mutual agreement

1. Advantages of divorce by mutual agreement.

1. The operation is simple and fast.

As long as the two parties negotiate well, they can go to the Civil Affairs Bureau to apply for pre-registration of divorce, and after the 30-day cooling-off period, they can go to the Civil Affairs Bureau to get a divorce certificate.

2. No fee is required.

The costs of litigation divorce include: court litigation fees, litigation and divorce lawyer fees, housing appraisal fees and time costs, among which the litigation and divorce lawyer fees vary from region to region, and there is no unified standard, which should be determined according to the actual situation.

Divorce by mutual agreement does not require any of these expenses.

3. Few people know and have strong privacy.

Divorce by mutual agreement can prevent "outsiders" from knowing their "family affairs", because the specific affairs are completely handled by both parties, and the insiders are limited to both parties and one party or both relatives and friends; Even if a lawyer is required to be involved, only the lawyers of both parties are aware of the matter, and it will not affect more people.

4. It is possible for the parties to take the initiative to perform.

In the case of divorce by mutual agreement, both parties will generally take the initiative to fulfill specific issues such as the exercise of child custody rights, the payment of child support expenses, and the exercise of visitation rights, since the content of the agreement reached is the result of the agreement reached by both parties.

2. Disadvantages of divorce by agreement.

1. The divorce agreement does not have the effect of enforcement.

As confirmed by the marriage registration authority, although the Divorce Agreement for the registration of the divorce has legal effect, it does not have the effect of enforcement because it is only the result of the negotiation between the two parties, and cannot be applied to the court for compulsory enforcement on the basis of the divorce agreement.

If one party refuses to perform its obligations under the agreement or breaches the contract, the other party shall file a civil action in a court of competent jurisdiction.

2. The divorce agreement reached by oneself often leaves hidden dangers.

The marriage registration authority is not strict in the internal review of the divorce agreement, and the parties can reach a consensus through consultation. Therefore, the disposition of property, children, creditor's rights and debts involved in the agreement is generally determined by the level of legal awareness of the parties.

Generally speaking, if it is not well considered, it is very easy to cause disputes and leave hidden dangers. At present, most of the cases accepted by the Hangzhou marriage trial arise from the property disputes after divorce.

3. The property division clause in the divorce agreement may be revoked or changed.

The scope of application is limited.

Analysis of the pros and cons of litigated divorce

1. Advantages of litigation divorce

High effectiveness and strong execution.

Fight for rights and interests and effectively resolve disputes.

Be objective and impartial.

The problem solving is relatively comprehensive.

Mediation under the auspices of a judge is conducive to the resolution of disputes.

2. Defects of litigation divorce

It takes a long time and is inefficient.

The fees are relatively high.

Mentally stressed.