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1. Conditions for divorce registration.
Both men and women must divorce voluntarily.
2. Both parties have full capacity for civil conduct.
3. The parties hold a divorce agreement, which must contain the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.
4. The parties concerned hold a marriage certificate issued by the marriage registration authority in the mainland or the Chinese embassy (consulate) abroad.
2. Documents and materials submitted for divorce registration.
l. Permanent residence booklet and resident ID card.
2. Marriage certificates of both parties.
3. The divorce agreement of both parties.
4. Both parties shall submit two 2-inch single recent half-length bareheaded colors**.
3. Procedures for registration of divorce.
1. The divorced man and woman jointly apply to the marriage registration office of the district or county-level civil affairs bureau (or town people**) of one party's permanent residence.
2. Both parties fill in the Declaration of Application for Divorce Registration and sign or fingerprint in front of the marriage registrar.
3. The willingness of both parties to sign and agree to the content of the agreement on the divorce agreement (in triplicate) and sign or fingerprint in front of the marriage registrar.
4. The marriage registration authorities shall examine the certificates, agreements, and supporting materials submitted by the parties to the divorce, and if the requirements for divorce registration are met, they shall be registered.
4. Time limit and fee standard for divorce registration.
l. Time limit for registration: If the documents and materials are complete, they will be registered and a divorce certificate will be issued.
2. Charging standard: 9 yuan per pair for domestic divorce registration.
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It's about 10w, are you ready to leave?
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Legal analysis: If it is good to get together and disperse, everyone can divorce by agreement, which is of course the most cost-effective way. Guochen teased the socks family Zhi Min stipulated that only nine yuan of production cost would be charged for the excitation of the company, plus other registration fees, and everything could be done for a few dozen yuan.
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) 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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The cost of divorce procedures varies from place to place, so you need to ask the local civil affairs bureau; The process is as follows:
1. Accept the applications submitted by the husband and wife who apply for divorce registration and verify the legal documents that they should submit.
2. The marriage registration authority shall clearly inform the husband and wife who apply for divorce registration about the conditions for divorce as stipulated in the Marriage Law.
3. Inquire whether the content and intentions of the divorce agreement are consistent, and if there are objections, an agreement shall be reached through renegotiation.
4. Inquire whether there are any objections to the handling of child support, property, and debts, and if so, a new consensus shall be reached.
5. Fill in the Declaration of Application for Divorce Registration and sign or press your fingerprint in front of the marriage registrar.
6. The parties shall read out the Declaration of Application for Divorce Registration in front of the marriage registrar and fill in the Divorce Registration Processing Form.
Processing conditions
If both a man and a woman divorce voluntarily, the 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.
If a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation and reconciliation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.
After divorce, parents still have the right and obligation to raise, educate and protect their children. In the event of a divorce, children under the age of two shall be raised directly by their mothers.
For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
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1. If the parties voluntarily divorce, both parties must apply for divorce registration in person at the marriage registration authority where one party's household registration is located. The parties shall dissolve the relationship between husband and wife from the date of obtaining the divorce certificate. When the parties apply for divorce registration, they shall provide the following documents and proofs to the marriage registration management organs:
1. Proof of household registration of both parties.
2. Resident ID cards of both parties.
3. Marriage certificate or certificate of relationship between husband and wife.
4. Charging standard: 20 yuan for production cost.
2. Handling of divorce formalities by agreement.
1. Prepare relevant documents. Household registration booklet, ID card (original and copy), marriage certificate (original and copy) Foreigners, Hong Kong, Macao and Taiwan compatriots who apply for a divorce by agreement in China need to provide the following documents: their valid passport or valid identity documents from Hong Kong, Macao and Taiwan, and Hong Kong, Macao and Taiwan compatriots also need to provide valid travel documents such as mainland travel permits or home return permits.
2. Prepare the materials for the jujube file.
Two two-inch single recent half-length barehead**, divorce agreement signed by both parties (no signature, in triplicate), in the divorce agreement, it must be clearly stated that the two parties are willing to divorce, and the two parties have reached an agreement on child support, property division and other issues, otherwise the divorce agreement is invalid.
3. Both husband and wife jointly and in person go to the Civil Affairs Bureau where one of the parties has permanent residence to go through the divorce formalities.
4. After verifying the facts, the staff of the Civil Affairs Bureau will withdraw the marriage certificate and issue a divorce certificate.
3. Handling of divorce formalities by litigation.
1. Hire a lawyer for consultation.
2. The plaintiff (the party who filed for divorce) submits a statement of complaint to the court.
3. Agree to file the case.
4. **Trial.
5. Judgment of divorce.
Legal basis
Provisions of the Supreme People's Court on Procedural Issues Concerning Chinese Citizens' Application for Recognition of Divorce Judgments of Foreign Courts (2020 Amendment).
Article 3 To apply to the people's court for recognition of a divorce judgment of a foreign court, the applicant shall submit a written application, which shall be accompanied by the original divorce judgment of the foreign court and a certified Chinese translation. Otherwise, it will not be accepted.
Article 4 The application shall indicate the following matters:
1) The applicant's name, gender, age, work unit and address;
2) The judgment is made by the court of He Yan's country, and the result and time of the judgment;
3) Circumstances of being summoned and responding to litigation;
4) The reasons for the application and the request;
5) Other circumstances that need to be explained.
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1. The divorce procedure by agreement is relatively simple, and the cost of going through the procedures is relatively small.
Divorce by agreement can generally be handled at the local marriage registration office, and the cost requires a cost, which is now about 9 yuan a couple.
2. If you want to hire a lawyer for divorce, you need a lawyer's fee, but the standards are different in different places. There are also costs to be paid by the courts.
Divorce cases are subject to the provisions of the Supreme People's Court, 10-50 yuan per case; If the division of property is involved, the total amount of the property does not exceed 10,000 yuan, and there is no additional fee, and if it exceeds 10,000 yuan, 1% of the excess part will be added as litigation fees; The people's court shall determine who bears the litigation costs at the end of the case.
3. If the division of property is involved, the total amount of property does not exceed 10,000 yuan, and no additional fee is charged, and if it exceeds 10,000 yuan, 1% of the excess part will be added as litigation fees; The people's court shall determine who bears the litigation costs at the end of the case.
The fees levied in family property cases are calculated according to the value of the disputed property between the parties, with a value of less than 1,000 yuan, 50 yuan per piece, and 1,000 yuan to 50,000 yuan, levied at 4%; 50,000 yuan to 100,000 yuan, 3%; 100,000 yuan to 300,000 yuan, levied at 2%; 200,000 yuan to 500,000 yuan, according to the levy; 500,000 yuan to 1 million yuan, levied at 1%; If it is more than 1 million yuan, it shall be levied.
In the process of litigation divorce, if it is necessary to hire a lawyer or hire a judicial appraisal agency for appraisal, the relevant costs vary according to the level of economic development in different regions, usually ranging from thousands to tens of thousands.
Procedures required for divorce registration:
1. The original ID cards and household registration books of both parties;
2. Two recent bareheaded photos per person;
3. Marriage certificate;
4. Divorce agreement (in triplicate), which contains the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.
In judicial practice, for the handling of divorce procedures, if both parties can reach an agreement on divorce, they can go directly to the judicial organ to handle it, and if they cannot reach an agreement, they must sue for judicial decision.
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There should be no cost.
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