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Anonymous users2024-02-15According to the Marriage Registration Regulations:
Article 10: Where a mainland resident voluntarily divorces, both men and women shall jointly go to the marriage registration authority for the place where one of the parties has a permanent residence to register for divorce.
Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce 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.
Therefore, divorce requires the presentation of the household register, ID card, marriage certificate of both parties, and the divorce agreement signed by both parties, and the man and woman jointly go to the marriage registration authority where one of the parties has permanent residence to register the divorce.
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Anonymous users2024-02-14Because of what is going to be divorced, it is normal for husband and wife to quarrel and quarrel. Returning to your problem, divorce is possible as long as both parties agree.
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Anonymous users2024-02-13Legal analysis: If you do not have a divorced household registration, you can move out, but you should meet the conditions for relocation; If a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household must report to the household registration authority for moving out of the household registration office, obtain a migration certificate, and cancel the household registration. Submit an application for searching to the police station at the place of relocation with the household registration certificate and relevant supporting materials, and handle the household registration.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Buried and separated for two years due to affection;
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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Anonymous users2024-02-12Yes, you need to go to the household registration authority where your current household registration is located to issue a certificate of moving out.
Legal analysisHukou refers to the legal documents produced by the administrative organs in charge of household administration of the state to record and retain the basic information of the household population. It is also the identification of every citizen. Household registration is a public certificate book in which natural persons are registered and issued certificates according to their households, and the items recorded include the name, date of birth, relatives, marital status, etc. of natural persons.
It is a basic legal document that determines the legal status of a natural person as a civil subject. The head of the household on the household register is basically the owner of the house, and the spouse, children, and parents may also be the co-owners of the house. The head of the household is the head of the family, and there can be a difference when there are some legal documents signed and so on, and the ordinary people just look at it.
When you need to prove the household registration of family members, you will often have to bury your line and ask for a copy of the household homepage, which contains the relationship and so on. The head of the household shall keep the household registration book properly, and it is strictly forbidden to alter, transfer or lend it. If you lose your household register, you must report it to the household registration authority immediately.
When the household registration authority conducts household registration investigation and verification, the head of the household should take the initiative to submit the household registration book for inspection. With the consent of the current head of household on the household register, the head of the household can submit a written application to the local police station to appoint a new head of household, and then the change can be made. However, the head of the household must be a person in the household register.
In fact, it doesn't make much sense, and no one usually changes it. The head of the household is on the first page of the main page of the household register. If the original head of the household dies, the police station will generally directly register the person on the second page of the household registration book as the new head of the household if there is no special request at the time of cancellation of the household registration.
Legal basisRegulations of the People's Republic of China on Household Registration
Article 5 Household registration is based on households. Where they reside together with the person in charge, they shall be established as one household, and the person in charge shall be the head of the household. If you live alone, you will be the head of your own household.
Households residing in government agencies, organizations, schools, enterprises, institutions, and other units and public dormitories are to be established together or separately. The head of household shall be responsible for filing the household registration in accordance with the provisions of this Regulation.
Article 10 Where a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority for moving out of the household registration before moving out, receive the migration certificate, and cancel the household registration. Citizens moving from rural areas to urban areas must apply to the household registration authorities of their permanent residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to a school, or a certificate of permission to move in from the urban household registration authority. Citizens moving to border areas must obtain the approval of the public security organs of the county, city, or municipal district where they habitually reside.
Relocation of household registration is a movement of personnel, and there is no need to be subject to the condition that the household registration cannot be transferred within three years. >>>More
The household registration cannot be changed (it has been determined at the time of declaration), and the household registration is changed with the relocation of the household registration (subject to the registration in the "address" column on the first page of the latest household register). >>>More
It is impossible to do it without a household registration book, because you must bring the ID cards, marriage certificates, household registration books and divorce agreements of both parties. So how to divorce without a household registration book, there are two ways to solve it at this time: >>>More
After the divorce, the hukou can be moved back to the mother's home, the procedures are not troublesome, and now there is a policy for the divorced party who has no place to move the hukou (such as no work unit to receive the hukou) can move the hukou back to the mother's home, this needs to bring the divorce agreement, divorce certificate, household registration book, and your mother's side agrees to you to move in, you write an application yourself, the content is divorced and there is no house purchase, there is no unit collective hukou to receive, go to the police station where your mother's hukou is located, and open a permit for relocation.
If you refer to the fact that the household registration of the man and the woman is in the same place and the same address, the man must not have any legal reason to cancel the woman's household registration without the consent of the woman, which is illegal! If you are the party, you must collect evidence that the man did not have the permission of the woman, and then go to the court to appeal! Of course, you must consult a professional lawyer before you can collect any evidence and how to operate the appeal process.