According to the relevant provisions of China's Civil Code and Regulations on Marriage Registration, if both parties agree to divorce, they need to sign a divorce agreement and go to the local marriage registration office for divorce registration. From 202 1 1 1, divorce by agreement must go through a cooling-off period of 30 days. During these 30 days, either party has the right to go back on our word and withdraw the divorce application from the marriage registry. Moreover, within 30 days after the expiration of the cooling-off period, both parties must personally go to the marriage registration office to apply for a divorce certificate, otherwise it will be regarded as withdrawing the divorce registration.
Tips: If you are not sure whether there are legal risks in your proposed divorce agreement, it is recommended to consult relevant professional lawyers.
legal ground
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.
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 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 the will of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.