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OK. However, the purpose of the agreement is to stipulate the relevant rights and obligations, to protect the two parties, and to avoid future disputes.
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You don't have to pass the law, but you need to write an agreement, otherwise, many things will not be clear in the future, such as property issues, children's issues, if they are not involved, it is easy for the two to talk about it, and it is easy to separate.
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Tianjin Lawyer Li (Professional Divorce Lawyer):
Of course not, there are only divorces by agreement and litigation. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.
Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.
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It is possible not to write. The question you asked: You can go to the Civil Affairs Bureau.
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If you don't have property and child support issues, you can just go directly to the Civil Affairs Bureau.
For details, please contact ** or QQ.
Beijing Marriage and Family, lawyer Liu Dalai.
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The law stipulates that marriage must be registered with the civil affairs department before it is a husband and wife relationship in the legal sense. Then there are two ways for divorce laws to be filed: one is to go to the civil affairs department to register the divorce, and the other is to go to the court to file for divorce.
Lawyer Xu Guangming.
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Both parties agree to divorce and go to the Civil Affairs Bureau to register the divorce.
Lawyer Yuan Shuzhen.
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Both parties agree to divorce and go directly to the Civil Affairs Bureau to register the divorce.
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Go directly to the place where you got your marriage certificate to get a divorce certificate...
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It would be easier to go to the Ming political situation.
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There are more and more cases of divorce in the split of husband and wife in China, and when the husband and wife divorce, there are two ways: divorce by agreement and divorce by litigation. The following is an answer to the relevant knowledge for the reader.
There is no need for an agreement for both parties to divorce voluntarily
Even if the parties divorce voluntarily, they still need to sign a divorce agreement, and if there is no divorce agreement, the marriage registration authority cannot handle the divorce registration.
Relevant legal provisions
Regulations of the People's Republic of China on Marriage 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.
Article 12: In any of the following circumstances, the marriage registration authorities shall not accept the divorce registration of the parties to the divorce registration:
1) Failure to reach a divorce agreement;
2) They are persons with no or limited capacity for civil conduct;
3) The marriage registration was not done in Chinese mainland.
The above knowledge is the answer to the question of "whether the two parties want to divorce voluntarily or not", even if the two parties divorce voluntarily, they still need to sign a divorce agreement, and if there is no divorce agreement, the marriage registration authority cannot handle the divorce registration. Readers are welcome to consult if they need help with the law.
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If one party does not agree to the divorce, then it is not possible to divorce Changchang through the form of divorce by agreement, and can only be carried out through the way of divorce sued by Oak Town. Because a divorce by mutual agreement must be consensual.
[Legal basis].Article 107 of the Civil Code of the People's Republic of China is as follows: Article 16.
Where the 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 1080.
The marriage relationship is dissolved when the divorce registration is completed, or the divorce judgment or mediation document takes effect.
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If both parties can reach an agreement on all matters, they can negotiate a divorce in the Quiet Hall. However, the divorce agreement should be drafted rigorously and completely, so as to avoid unnecessary disputes and lawsuits in the future due to improper drafting; If the parties do not agree on a certain matter, the only way to divorce is through litigation. In addition, divorce cases also involve the division of property, the defense of creditor's rights and debts, the custody of children, the assumption of child support, and compensation for marital faults.
Legal basis: Article 1076 of the Civil Code of the People's Republic of China 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 their consensus on matters such as child support, property, and debt disposal.
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. Article 1078: Where the marriage registration authorities ascertain that the Shuangqiliang Party had indeed divorced voluntarily, and had already reached a consensus on matters such as child support, property, and debt disposal, it was to be registered and a divorce certificate was issued.
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