what about the divorce procedure by agreement?
divorce by agreement must be registered. Divorce registration is a necessary procedure for both husband and wife to divorce voluntarily. He was dealt with by the marriage registration authority in accordance with administrative procedures. The steps are as follows:
(1) To apply for divorce by agreement, the parties concerned must apply for divorce registration in person at the marriage registration office where one party's household registration is located, and may not entrust others to represent him. Otherwise, the marriage registration authority will not accept it. In China, the organ that handles divorce registration is the subdistrict office or the civil affairs department of the municipal people's government without districts in the city, and the people's government of townships, nationality townships and towns in the countryside. When applying for divorce, one party shall hold the following documents and certificates: ① household registration certificate; ② Resident ID card; Letter of introduction issued by the unit, villagers' committee or residents' committee; 4 divorce agreement; ⑤ Marriage certificate. In addition, one-person bareheaded photos (provided according to the requirements of different regions) required for handling divorce certificates and filing should also be delivered, and the divorce application form should be filled out according to the requirements of the marriage registration authority.
(2) Examination
When accepting the divorce application of the parties, the staff of the marriage registration authority shall explain to the parties the provisions of the Marriage Law and the Regulations on the Administration of Marriage Registration, and both parties shall truthfully answer the inquiries of the marriage registration administrators. The staff should find out: ① whether the divorce applicant is a legal couple; (2) Whether the applicants for divorce have full capacity for civil conduct; (3) Whether the divorce is really voluntary; Whether the handling of children's problems is appropriate; (5) Whether the handling of property issues is appropriate, and so on. If the registration authority finds that the divorced party has violated the marriage law, it shall give criticism and education or refuse to register. Those who violate the criminal law shall be transferred to judicial organs for criminal responsibility according to law. In order to prevent rash divorce and fake divorce, the staff should carry out ideological education, mediation and do a good job for the parties whose feelings have not completely broken. The marriage registration authority shall carefully examine the divorce application of the parties concerned, and within one month from the date of accepting the application, register those who meet the divorce conditions, issue divorce certificates and cancel their marriage certificates. Although this is a time requirement put forward by the law to prevent the registration from being delayed for a long time, it objectively gives calm consideration to the parties applying for divorce. During the review, if both parties gain the knowledge of reconciliation, they should be allowed to withdraw their divorce applications.
(3) Registration
After examination, the marriage registration authority shall register the divorce application that conforms to the Marriage Law and the Regulations on the Administration of Marriage Registration, issue a divorce certificate and cancel the marriage certificate. The parties shall dissolve the relationship between husband and wife from the time they receive the divorce certificate. If it does not conform to the provisions of the Marriage Law and the Regulations on the Administration of Divorce Registration, the marriage registration authority shall not register it. If the marriage registration authority refuses to register the application for divorce registration of the parties concerned, it shall give a written explanation of the reasons for not registering.
after both men and women register for divorce, if one party reneges on the legally effective divorce agreement and the handling of children and property issues, it shall apply to the original marriage registration authority for settlement. Only when the original marriage registration authority cancels the divorce registration can the people's court accept it. If the original marriage registration authority does not cancel the divorce registration, the people's court shall not accept it, but shall inform the parties concerned to apply to the original marriage registration authority for cancellation of the divorce registration.
if a party applying for divorce fraudulently obtains divorce registration, the marriage registration authority shall cancel the divorce registration, declare the dissolution of the marriage relationship invalid, withdraw the divorce certificate, and impose a fine of less than 2 yuan on the party concerned.
How to handle divorce procedures
If you are worried about the performance of the agreement after marriage, you can choose to divorce by agreement through the people's court.
There is an essential difference in legal effect between handling divorce procedures in the court and handling divorce procedures in the marriage registry. Divorce through the agreement of the people's court will clarify the property of husband and wife in judicial documents, which is called civil mediation and has the force of enforcement.
For example, according to the divorce documents, the man paid the woman 654.38 million yuan in two years and paid it off in two phases. If the man refuses to pay, the woman has the right to take this document and apply to the people's court for enforcement. The court will recover the obligation from the man, and the woman does not need to recover it herself.
The divorce agreement in the marriage registry is a civil agreement between citizens. Signing a divorce agreement is based on great trust in the other party and relying on the reputation of the other party to fulfill it. If the man fails to fulfill his obligations, the woman can only bring a lawsuit to the people's court again, which is time-consuming and labor-intensive.
The procedure of divorce by agreement of the people's court is very simple, the time does not exceed half a day, and the procedure cost is very small.