How long does it take to go through the procedures for divorce by mutual agreement

In the case that both parties insist on divorce by agreement, the time required for the above procedures is dynamic, and the basic range is between 30 days and 60 days according to the specific circumstances of both parties.

1) Application for divorce by mutual agreement.

If the husband and wife divorce voluntarily, they shall, after signing a written divorce agreement and reaching an agreement on issues such as the dissolution of the marriage relationship and the maintenance of children, the distribution of property and the burden of debts after the divorce, apply for divorce registration in person at the marriage registration authority, that is, they shall submit an application to the marriage registration authority with jurisdiction. Only applications for divorce registration that meet the requirements of the subject of a divorce by agreement, capacity, etc., will be accepted.

2) Divorce cooling-off procedure.

Within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. The 30-day period here is a period for both parties to cool off, i.e. the marriage registration authority will not proceed with the divorce registration procedure within 30 days after receiving the application for divorce registration. If one party applies for withdrawal within 30 days, the marriage registration authority shall immediately terminate the registered divorce procedure, and if the other party still insists on the divorce, the divorce can only be obtained through litigation procedures.

3) Review procedures.

Within 30 days after the expiration of the cooling-off period for divorce, both parties shall apply for a divorce certificate in person at the marriage registration authority, which shall find out whether the parties have voluntarily divorced and whether they have reached a consensus on matters such as child support, property and debt handling.

If both the man and the woman do not apply within the 30 days, it shall be deemed to have withdrawn the application for divorce registration, and the marriage registration authority shall not handle the divorce registration for them on the basis of the initial application of both parties and if they have not applied for it, if only one party has applied for it, it shall still be deemed to have withdrawn the application for divorce registration, and insist that divorce needs to be divorced by litigation.

4) Registration and collection procedures.

Within 30 days after the expiration of the cooling-off period for divorce, after both parties apply for a divorce certificate again, and meet the requirements for divorce after review, they shall be registered in a timely manner, and a divorce certificate shall be issued, and the marriage relationship shall be formally dissolved.

Lawyer Duan Fengli of the Family Law Court team.

The agreement can be done on the same day, and if the lawsuit is filed, it will take up to 3 months.

It should not be more than 3 months.

Like. I forgot about the specifics.

Analysis of Faliang Law: Divorce by agreement can be registered on the spot and a divorce certificate can be issued.

Legal basis: Article 13 of the "Regulations on Marriage Registration" The marriage registration authority shall examine the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances. Where the parties are truly voluntarily divorced and have reached an agreement on issues such as child support, property, or debts, they shall be registered on the spot and a divorce certificate shall be issued.

It takes time for an uncontested divorce: about 30 days. Divorce by mutual agreement is the fastest way to divorce, if the two parties have completed the negotiation, both parties should bring their marriage certificates, ID cards, and household registration books to the marriage registration authority to apply for divorce registration.

Within 30 days after the 30th day of the application, both parties should apply for a divorce certificate.

Civil Code of the People's Republic of China

Article 1076.

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' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property, and debt handling.

Article 1077.

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.

The first game is one thousand and seventy-eight.

If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposal, they shall register and issue a divorce certificate.

The Marriage Law stipulates that divorce by mutual agreement means that the husband and wife divorce voluntarily and reach an agreement on child support and property division, and then go to the Civil Affairs Bureau to register the divorce and obtain a divorce certificate. Therefore, what is required for an uncontested divorce is that the time is mainly in the hands of the spouses. At the heart of a divorce by mutual agreement is that both spouses agree to the divorce and agree on child support and property division.

However, in practice, divorce by mutual agreement may reach an impasse for various reasons. For example, if the two parties cannot reach a consensus on the custody of the child and the division of property in a short period of time, then the divorce will inevitably fail.

And negotiating again and again can also cause burnout or even collapse on both sides or even one side. In some cases, although one party has made huge concessions in child support and property division, the other party still does not agree to the divorce. In this way, a divorce by mutual agreement is far away.

If both spouses have agreed on all the contents of the divorce by mutual agreement, then the divorce by mutual agreement will take a short time to process. Therefore, the answers to the questions "how long does it take to get divorced by agreement" and "how long does it take to divorce by agreement" depends entirely on the negotiation process of the couple. Legal basis:

Article 31 of the Marriage Law of the People's Republic of China provides that where a man and a woman divorce voluntarily, divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

The new Civil Code will come into effect on January 1, 2021, and the Marriage Law and its related interpretations will be valid until December 31, 2020.

Both parties applying for divorce registration should hold: their household registration booklet (95 new household registration booklet), resident ID card (within the validity period), marriage certificate, divorce agreement (3 copies printed on A4 paper), 2 2-inch recent half-length bareheaded documents of each party** (the same bottom plate), and "Declaration of Application for Divorce Registration".

There is no need to issue another certificate, both parties have no objection to the agreement, the materials are complete, both parties go to the Civil Affairs Bureau in person, they can complete it on the same day, get the divorce certificate, and handle it in about half an hour.

Main documents and procedures.

1) The parties submit certificates and supporting materials;

2) The marriage registrar checks the corresponding documents and supporting materials;

3) The marriage registrar shall explain to the parties the conditions of the Marriage Law on the registration of divorce;

4) The marriage registrar asks the parties about their willingness to divorce and their willingness to the content of the divorce agreement;

5) If both parties voluntarily divorce and reach an agreement on matters such as child support, property and debt handling, both parties shall fill in the Declaration of Application for Divorce Registration and sign it in front of the oath administerer;

6) Both husband and wife sign the divorce agreement in person; The Registrar of Marriages is the Commissioner of Oaths. One copy of the agreement for each spouse and one copy for filing at the Marriage Registry; (7) The marriage registrar shall review the documents submitted by the parties, the declaration of application for divorce registration, and the divorce agreement, and if the conditions for divorce are met, fill in the "Divorce Registration Review and Processing Form" and the divorce certificate;

8) Issuance of divorce certificate.

The issuance of a divorce certificate shall be carried out in the presence of both parties in accordance with the following steps:

1. Verify the name, date of birth, and willingness to divorce with both parties;

2. Inform the parties of the legal relationship after receiving the divorce certificate, the relationship with the children after the divorce, and the obligations they should fulfill;

3. Witness the parties themselves to sign in the column of "Signature or Fingerprint of the Parties" in the "Divorce Registration Review and Processing Form"; Where the parties do not know how to write their names, their fingerprints shall be pressed.

4. Affix a strip-type seal on the marriage certificate of the parties, which indicates that "both parties are divorced, and the certificate is invalid." Marriage Registry". The cancelled marriage certificate will be returned to the parties.

5. Issue the divorce certificate to both parties to the divorce, and announce to both parties: obtain the divorce certificate and dissolve the relationship between husband and wife.