There are two ways of divorce: divorce by court proceedings and divorce by agreement with the marriage registration office of the civil affairs department.
Divorce in accordance with Chapter IV of the Marriage Law of the People's Republic of China Article 31 If both men and women divorce voluntarily, 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. Article 32 If a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court.
First, the civil affairs department agrees that the divorce procedure is convenient.
In the process of divorce by agreement, we should be very careful in drafting the divorce agreement and must not act rashly. If necessary, you'd better ask a lawyer to check. According to Chapter III Divorce Registration of the Regulations on Marriage Registration Article 10 If mainland residents divorce voluntarily, both men and women should * * * go through the divorce registration at the marriage registration office where one of them has his permanent residence. 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.
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.
If both parties agree to divorce, and can reach an agreement on child support, property division and other issues, it is very convenient to go to the civil affairs department to negotiate divorce since the revision and implementation of the Marriage Registration Ordinance in June 2003 10.
Second, divorce in court proceedings: convenience and complexity go hand in hand.
Divorce in accordance with Chapter IV of the Marriage Law of the People's Republic of China Article 32 If a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.
If one spouse insists on divorce or agrees to divorce, but fails to reach an agreement on child support or property division, the only way to divorce is through court proceedings.