1. First trial: original valid ID cards of both parties; The original household registration books of both parties (or the household registration certificate issued by the public security organ within the validity period); Original marriage certificates (or marriage files) of both parties. Note: Servicemen should provide the original valid certificates such as military marriage registration certificate, military officer's certificate (non-commissioned officer's certificate) and ID card issued by the army.
2. Acceptance: both husband and wife who request divorce apply to the marriage registration office with jurisdiction; Both parties have full capacity for civil conduct; The party concerned holds a marriage certificate issued by the mainland marriage registration authority; The party concerned holds his residence booklet and identity card; Two recent two-inch bareheaded color photos per person. The name, gender and date of birth on the resident identity card and the permanent residence booklet shall be consistent; If there is any inconsistency, the parties concerned shall go to the relevant departments to correct it. If the resident identity card and residence booklet are lost, the parties concerned shall first go to the public security household registration management department to reissue the certificate.
3. Cooling-off period: 30 days from the day after the application is accepted.
4. Registration: Within 30 days, neither party has withdrawn the divorce application. Within 30 days after the expiration of the cooling-off period for divorce, both parties shall personally go to the marriage registration office to fill in the divorce agreement and apply for the divorce certificate. If both parties fail to be present together, the application for divorce registration shall be deemed to have been withdrawn.
2. What materials does Weifang Civil Affairs Bureau need for divorce?
1, my household registration book and ID card;
2. My marriage certificate;
3. The divorce agreement signed by both parties;
4. Soldiers should provide military certificates;
5. Soldiers shall submit the marriage registration certificate issued by the army;
6.photos.
3. What conditions does Weifang Civil Affairs Bureau need for divorce?
The conditions for applying for divorce registration are:
(a) The Marriage Registry has jurisdiction,
(2) Both husband and wife who ask for divorce jointly apply to the marriage registration office.
(3) Both parties have full capacity for civil conduct;
(four) the parties hold a divorce agreement, which states the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt handling;
(5) The party concerned holds a marriage certificate issued by the mainland marriage registration authority or the Chinese embassy (consulate) abroad.
(6) Both parties shall submit two recent bareheaded 2-inch photos of a single person;
(seven) the parties hold valid identity documents.
4. What legal basis does Weifang Civil Affairs Bureau need for divorce?
The Civil Code of People's Republic of China (PRC) was adopted by the Third Session of the 13th National People's Congress of the People's Republic of China on May 28th, 2020. It is hereby promulgated and shall come into force on June 28th, 2002/KLOC-0.
Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1077 If either party is unwilling to divorce within 30 days after the marriage registration office receives the application for divorce registration, it may withdraw the application for divorce registration from the marriage registration office.
Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.
Article 1078 The marriage registration authority shall register and issue a divorce certificate after finding out that both parties are really divorced voluntarily and reaching an agreement on matters such as child support, property and debt handling.
Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
When handling divorce registration, the materials are very important, especially the divorce agreement, which will not take effect until the divorce registration is completed. When going through the divorce formalities, both parties divorce voluntarily, and only when they have full capacity for civil conduct can they be accepted. If you have any other questions, please welcome one-on-one legal advice.