I. Conditions for divorce by agreement
To handle an agreed divorce, the following conditions must be met:
1. Both parties are legally registered in China Civil Affairs Bureau.
Men and women who are not registered for marriage cannot register for divorce. Whether it is a de facto marriage or illegal cohabitation, it is handled by the court. Marriage registered abroad cannot be divorced by agreement in China's civil affairs bureau, and divorce can only be handled through litigation. Foreign-related marriages registered in China can be divorced by agreement in China.
2. The two sides have reached an agreement on whether to divorce, property division, child support, creditor's rights and debts, and signed a divorce agreement.
Both parties should confirm their consent to divorce in the agreement, and confirm the property owned by both husband and wife and how to divide it; Whether there are children or who is raising them, the amount raised by the other party, and the time and method of visiting the parent who is not raising children; And whether there are creditor's rights and debts and distribution methods. If no consensus can be reached on any of the above issues, divorce cannot be agreed. The divorce is still controversial and needs to be submitted to the people's court to deal with the controversial issue.
Those who meet the above conditions must apply in person to the marriage registration authority where one party's permanent residence is located. China citizens and foreign citizens who are registered for marriage in China can get a divorce by agreement at the place where China citizens' accounts are located. If the account does not match the account, it can only be handled at the location of the account.
Second, the documents needed for the divorce formalities are agreed upon.
When handling an agreed divorce, both parties shall provide the following documents:
1, my household registration book and ID card;
2. My marriage certificate;
3. The divorce agreement signed by both parties;
4. Two recent personal bareheaded photos.
Third, divorce procedures must go through procedures.
Divorce by agreement shall be handled by the marriage registration authority in accordance with administrative procedures, and the steps are as follows:
(1) Application
If the parties agree to divorce, they must apply for divorce registration in person at the marriage registration office where one party's account is located, and may not entrust others to act as agents. Otherwise, the marriage registration authority will not accept it. China's divorce registration authority, the city is the street office or the civil affairs department of the municipal people's government without districts, and the countryside is the people's government of townships, nationality townships and towns. 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) Review
When accepting the application for divorce, the staff of the marriage registration office shall explain the provisions of the Marriage Law and the Regulations on the Administration of Marriage Registration to the parties, and both parties shall truthfully answer the inquiries of the marriage registration administrators. Employees should understand:
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 problems is appropriate. 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.