Get married, and reach an agreement on issues such as child support and property division after divorce, and apply to the marriage registration authority for divorce in accordance with certain administrative procedures. Procedures for divorce by agreement:
If both men and women voluntarily divorce, they shall go through the divorce registration at the marriage registration office where one party's permanent residence is located. China citizens and foreigners voluntarily divorce in the mainland of China, the mainland
If a resident divorces a Hong Kong resident, a Macao resident, a Taiwan Province resident or an overseas Chinese in the Mainland voluntarily, both men and women shall * * * handle the divorce at the marriage registration office where the permanent residence of the mainland resident is located.
Register. 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) Both parties have the same signature.
Divorce agreement department. When applying for divorce registration, Hong Kong residents, Macao residents, Taiwan Province residents, overseas Chinese and foreigners shall not only submit the documents and certification materials specified in Items (2) and (3) of the preceding paragraph.
In addition, Hong Kong residents, Macao residents and Taiwan Province residents should also present their valid passports and identity cards, and overseas Chinese and foreigners should also present their valid passports or other valid international travel documents.
Certificate. 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. Divorce registration parties
In any of the following circumstances, the marriage registration authority shall not accept it: (1) No divorce agreement has been reached; (2) Belonging to a person without or with limited capacity for civil conduct; (3) its conclusion
Chinese mainland does not register for marriage. 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. It is true that the parties voluntarily divorced.
, and has reached a consensus on child support, property, debt and other issues, it should be registered on the spot and issue a divorce certificate. 2. Litigation divorce: Litigation divorce refers to the separation of husband and wife.
After marriage or divorce, if no agreement can be reached on issues such as child support or property division, one party shall bring a lawsuit to the people's court for trial, mediation or judgment. lawsuit
Procedure of divorce: (1) Prosecution is what people often say. The prosecution of divorce cases means that one party to a marriage relationship requests the people's court to dissolve the marriage relationship with the other party according to law.
. (2) Notify the parties of their names, causes of action, time and place of the court session three days before the court session; Before the court session, the clerk shall find out whether the parties and other participants in the proceedings appear in court; announce
Court discipline; The judge finds out whether the parties and other participants in the proceedings appear in court and announces the court discipline; The judge checks the parties, announces the cause of action, and announces whether the judge applies for withdrawal.
Then, start a court investigation; The court investigation shall be conducted in the following order; Ask the parties and their statements. Inform witnesses of their rights and obligations, ask witnesses, and read out the testimony of witnesses who did not appear in court.
Ask the appraiser and read the conclusion of the appraisal Committee. Show documentary evidence, physical evidence and audio-visual materials. Read the interrogation record; During the court debate, the plaintiff and his agent ad litem spoke, and the defendant and his agent ad litem spoke.
Words, the two sides debate each other. 3. The judgment can be mediated according to the trial situation. If mediation fails, a verdict will be pronounced immediately. All trials in the people's courts are held in public. If the case is heard in court, it shall be within 10 days.
Issue a judgment; If the sentence is pronounced regularly, the judgment shall be made after the sentence is pronounced. Both parties applying for divorce registration should hold: 1, my household registration book (95 new household registration books). If you don't have a hukou book, you need to go to the hukou.
The local police station issued a household registration certificate. 2. Resident identity card (within the validity period). 3. Marriage certificate. If the marriage certificate is damaged or lost, or one party forcibly obtains the marriage certificate for some reason, it is necessary to
Go to the original marriage registration office to check the marriage files, and the marriage registration office will issue a marriage certificate. 4. Divorce Agreement (printed in triplicate on A4 paper). The divorce agreement is the most important document for divorce by agreement.
How to make a divorce agreement will be explained in another article, please pay attention. 5. Two 2-inch recent half-length bareheaded photo (on the same floor). Some registration agencies want the size of 1 inch.
Some marriage registration offices will provide photo service, or there will be a photo studio nearby, so it is convenient to take snapshots. 6. Declaration on Application for Divorce Registration (Marriage Registry)
For samples, you can fill in on the spot).