New rules for household registration after divorce, new rules for handling household registration af

After the divorce, the new rules of the woman's hukou are that the hukou can continue to be retained in the original hukou.

Because when going through the divorce procedures, the household registration management department will stamp a "divorce" seal on the original household registration book. The woman herself can go to the police station where her current household registration is located to explain the situation with her ID card, household registration book, divorce certificate, and divorce agreement, apply for household separation procedures, and re-apply for a household registration book with only the woman's name.

Legal analysis: The new provisions on divorce hukou include: if two people choose to remarry after divorce, they can directly move their hukou to the residence of the remarried party, and handle it in accordance with the policy requirements of the local hukou location.

After the divorce, the husband does not have the right to ask the woman to move out of the hukou, unless the judgment or mediation of the spouses so requires. After the divorce, the woman often moves out of the household register, which does not prevent the household registration formalities.

Legal basis: Regulations of the People's Republic of China on Household Registration

Article 3: Public security organs at all levels are in charge of household registration work. Cities and towns with public security police stations shall have the jurisdiction of the public security police station as the jurisdiction of the household registration; Townships and towns without public security police stations shall have the jurisdiction of the township or town as the household registration jurisdiction. Township and town people's committees and public security police stations are the household registration organs.

For those who reside in the internal and public dormitories of government agencies, organizations, schools, enterprises, institutions, and other units, each unit shall designate a special person to assist the household registration authorities in handling the household registration; For scattered household registration, the household registration authority shall directly handle the household registration. For non-active military personnel residing in military organs and military quarters, each unit shall designate a special person to assist the household registration authority in handling the household registration. For the household registration of production cooperatives such as agriculture, fishery, salt, forestry, animal husbandry and handicrafts, the cooperatives shall designate a special person to assist the household registration authorities in handling the household registration.

Accounts other than cooperatives shall be directly registered by the household registration authorities.

Article 4 The household registration authority shall establish a household registration book. In cities, on water, and in towns with public security police stations, each household shall be issued a household registration booklet. In rural areas, cooperatives are issued household registration books; Accounts other than cooperatives are not issued with a household register.

The household register and the matters registered in the household register have the effect of proving citizenship.

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 established together or separately. The head of household shall be responsible for filing the household registration in accordance with the provisions of this Regulation.

The new provisions on household registration after divorce are as follows: after the divorce of husband and wife, the parties concerned can go through the procedures for transferring household registration from the date of divorce. The parties to the divorce shall go to the police station with the original household registration booklet and the court judgment to go through the formalities of household division or relocation, and the local public security police station shall handle it in accordance with the provisions on household division and establishment in accordance with the court's judgment or mediation document.

Legal basis

Article 10 of the Household Registration Regulations.

If 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, obtain a migration certificate, and cancel his or her 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.

Article 19. When a citizen's household registration changes due to marriage, divorce, adoption, household separation, merger, disappearance, recovery or other reasons, the head of the household or himself shall report the change of registration to the household registration authority.

Legal Analysis:1Moving back to the place of origin After the divorce, the woman is often the one who moves out, which does not prevent the migration of the household registration.

2.As the hukou policy varies from place to place, the conditions for opening a separate hukou will also vary from place to time. 3.

If you remarry after divorce and need to move your hukou, you should apply for moving your hukou. 4.After the divorce of the husband and wife, the woman does not have to move out of the household registration, and can continue to stay with the man.

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.