The procedure of divorce by agreement refers to the process that the husband and wife reach an agreement to dissolve the marriage relationship, sign a written divorce agreement and go to the marriage registration office for divorce registration, which mainly includes five processes: application-acceptance-cooling-off period-review-registration (certification).
The procedure of divorce proceedings refers to the process of one party bringing a divorce lawsuit to the people's court when the husband and wife can't reach an agreement, which mainly includes six processes: determining the competent court, submitting a complaint, filing a case for acceptance, hearing, legal judgment and applying for execution, but not every case has to go through the whole process. The process of divorce procedure
Suzhou divorce lawyer Gao Hongyan
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Registration divorce process: both husband and wife bring household registration book and ID card; My marriage certificate; The divorce agreement signed by both parties shall apply for divorce registration at the marriage registration office where one party's household registration is located. Then after a 30-day cooling-off period, I went to the Civil Affairs Bureau to register for divorce with my household registration book, ID card, marriage certificate and divorce agreement, and the Civil Affairs Bureau issued a divorce certificate after reviewing the materials and asking about the relevant situation.
The process of suing for divorce: the parties submit marriage certificate, identity card, household registration book and evidence of the breakdown of marriage relationship to the people's court, and write a complaint and submit it together. The court shall file a case that meets the conditions for prosecution, and send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receipt. Then the court opens a court session and the court mediates first. If the relationship does break down and mediation fails, the court will grant divorce.
Legal basis: Article 1076 of the Civil Code of People's Republic of China (PRC).
If the husband and wife voluntarily divorce, 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
Within 30 days after the marriage registration office receives the application for divorce registration, if either party is unwilling to divorce, 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 10 of the Regulations on Marriage Registration
If mainland residents divorce voluntarily, both men and women should register for divorce at the marriage registration office where one party's permanent residence is located. China citizens and foreigners voluntarily divorce in China Mainland, while mainland residents and Hong Kong residents, Macao residents, Taiwan Province residents and overseas Chinese voluntarily divorce in China Mainland. Both men and women should register for divorce at the marriage registration office where the permanent residence of mainland residents is located.
Article 11
Mainland residents who apply for divorce registration shall produce the following documents and supporting materials: (1) their household registration book and identity card; (2) my marriage certificate; (3) The divorce agreement signed by both parties. When applying for divorce registration, Hong Kong residents, Macao residents, Taiwan Province residents, overseas Chinese and foreigners shall present valid passports and identity cards in addition to the documents and supporting materials specified in Items (2) and (3) of the preceding paragraph, and overseas Chinese and foreigners shall also present valid passports or other valid international travel documents. 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 13
The marriage registration authority shall examine the certificates and certification materials issued by the parties involved in the divorce registration and ask about the situation. If the parties do divorce voluntarily and reach an agreement on issues such as child support, property and debts, they shall register on the spot and issue a divorce certificate.
Article 120- 148 of the Civil Procedure Law of People's Republic of China (PRC).