Legal basis: Article 1076 of the Civil Code of People's Republic of China (PRC) stipulates that if a husband and wife divorce voluntarily, they should 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apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.
Marriage registration ordinance
Article 10 If a mainland resident divorces voluntarily, both men and women shall register for divorce at the marriage registration office where one of the permanent residences is located.
Article 11 Mainland residents applying for divorce shall submit the following documents and supporting materials:
(1) My household registration book and ID 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.