Can both parties agree to divorce on the same day?

Updated on society 2024-07-31
13 answers
  1. Anonymous users2024-02-15

    If both parties agree to divorce, then the judgment can be made on the same day, but there are two forms, one is to reach a mediation agreement, and the other is to pronounce the judgment on the spot.

    Article 1076 of the Civil Code of the People's Republic of China provides that 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' 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.

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  2. Anonymous users2024-02-14

    No, according to the provisions of the Civil Code, when a couple chooses to divorce, they need to go through a one-month cooling-off period before they can officially divorce.

    If both parties agree to divorce, they cannot leave on the same day. Because there is now a cooling-off period of one month for divorce by mutual agreement, within 30 days from 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 above-mentioned time limit, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate.

  3. Anonymous users2024-02-13

    No. Even if both parties agree to divorce, divorce is not allowed on the day of filing a divorce petition with the marriage record office, because the divorce is subject to a cooling-off period.

  4. Anonymous users2024-02-12

    Can both parties agree to divorce on the same day? No, there is a one-month cooling-off period. Divorce can only be processed after the cooling-off period.

  5. Anonymous users2024-02-11

    Both parties agree to divorce and will not leave on the same day, because there is now a cooling-off period for marriage, which is 30 days, and when the time comes, both parties still want to divorce, then they are really leaving.

  6. Anonymous users2024-02-10

    As long as both parties agree to sign a divorce agreement, a cooling-off period is generally required to determine whether to divorce or not. For divorce agreements signed by both parties, a cooling-off period of one month is required if both parties voluntarily agree to divorce. But divorce usually has a one-month cooling-off period.

    Both parties agree to the divorce and sign the divorce agreement. If both parties agree to divorce, a cooling-off period of days is required. If both parties agree to divorce, a direct divorce should not be possible.

    To handle the divorce, you need the household registration book of both parties, and now go to the Civil Affairs Bureau to handle the divorce.

    The time required for a divorce settlement is mainly in the hands of the spouses, as both parties have to sign the divorce agreement.

  7. Anonymous users2024-02-09

    Hello! No, there is a cooling-off period for this, the time is 30 days, you go to apply for divorce first, and you can get the divorce certificate after one month.

  8. Anonymous users2024-02-08

    No, there will be a cool-off period before the divorce, also to avoid some couples impulsively making bad decisions.

  9. Anonymous users2024-02-07

    In this case, although the two of you have to agree, but you still need to go to the Civil Affairs Bureau to sign the agreement, so you can only divorce after you have completed the Civil Affairs Bureau.

  10. Anonymous users2024-02-06

    Generally, no, you still need to go through some processes.

  11. Anonymous users2024-02-05

    Legal analysis: On the day of divorce in 2021, you cannot get a divorce certificate resume, because the new provisions of the Civil Code require a cooling-off period of 30 days for divorce, and only 30 days can be obtained after 30 days.

    Legal basis: Article 1077 of the Civil Code of the People's Republic of China Within 30 days from 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.

  12. Anonymous users2024-02-04

    Legal Analysis: No. It is necessary for Changzao to go through a 30-day cooling-off period, and both parties can apply for divorce at the marriage registration office within 30 days after the cooling-off period.

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

    Article 1077:Within 30 days of the marriage registration authority receiving 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.

    Article 1078:Where the marriage registration authorities ascertain that the parties have indeed voluntarily divorced from the marriage and have reached a consensus on matters such as child support, property, and debt disposition, they are to register and issue a divorce certificate.

  13. Anonymous users2024-02-03

    In 2021, the divorce certificate cannot be obtained on the day of divorce, due to the new provisions of the Civil Code, divorce requires a 30-day cooling-off period, and the divorce certificate can only be obtained after 30 days. Article 1077 of the Civil Code of the People's Republic of China provides that within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce as soon as possible, he or she may withdraw the application for divorce registration from the marriage registration authority.

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