First, understand the legal provisions of divorce
Before going through the divorce procedure, you need to know the relevant legal provisions. According to the Marriage Law of the People's Republic of China and related laws, both husband and wife have the right to apply for divorce, but they need to meet certain conditions, such as the relationship has really broken down and they can't live together. In addition, issues such as property division and child support that may be involved in divorce proceedings also need attention.
Second, prepare relevant materials.
A series of related materials, including ID card, marriage certificate and household registration book, need to be prepared for divorce. For foreigners, you also need to provide proof of living in Hangzhou, such as temporary residence permit or residence permit. In addition, according to the specific circumstances, it may be necessary to provide other relevant supporting materials.
Third, choose the treatment method.
To handle divorce procedures in Hangzhou, you can choose to go to the local civil affairs bureau or the court. The Civil Affairs Bureau mainly deals with divorce by agreement, and the court is responsible for handling divorce by litigation. Both husband and wife can choose the appropriate treatment according to their own situation.
If you choose to divorce by agreement, both parties need to reach an agreement on property division, child support and other issues and sign a divorce agreement. Then, apply to the Civil Affairs Bureau with relevant materials, and get a divorce certificate after examination.
If you choose to file a divorce lawsuit, you need one party to file a lawsuit with the court and submit relevant evidence. The court will hear the case according to law and make a judgment according to the situation of both parties. After the judgment comes into effect, both parties need to perform relevant obligations according to the contents of the judgment and get a divorce certificate.
Fourth, matters needing attention
In the process of divorce, we need to pay attention to the following points:
1. Abide by laws and regulations, and do not use illegal means or false materials to handle divorce procedures;
2. Consult with each other as much as possible, reach an agreement, and reduce disputes and contradictions;
3. Pay attention to children's interests and arrange children's support reasonably;
4. Consult a professional lawyer or legal institution to understand the specific legal procedures and rights and obligations.
To sum up:
Foreigners can handle divorce procedures in Hangzhou, but they need to abide by relevant laws and regulations, prepare relevant materials and choose the appropriate handling method. In the process of handling, we should pay attention to abide by legal procedures, reach an agreement with each other as much as possible, and pay attention to the interests of children. At the same time, you need to consult a professional lawyer or legal institution.
Legal basis:
the marriage law of the people's republic of china
Article 3 1 stipulates that:
If both men and women voluntarily divorce, divorce shall be granted. Both parties must apply for divorce at the marriage registry. When the marriage registration office finds out that both parties really want and have properly handled the children and property issues, it will issue a divorce certificate.
Marriage registration ordinance
Article 10 stipulates:
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.