What are the conditions for divorce in the new marriage law?

Legal Analysis: There are two forms of divorce: divorce by agreement and divorce by litigation. The conditions for an uncontested divorce are:

Both the man and the woman must have legal conjugal status; There must be an agreement to divorce; Make appropriate and reasonable arrangements for child support, property and debts, and reach a consensus agreement. The conditions for divorce by litigation are: one of the spouses requests a divorce to file a lawsuit with the people's court; The relationship between the husband and wife has indeed broken down and mediation has not been effective.

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' 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.

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".