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How to handle divorce procedures between husband and wife

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How to handle divorce procedures between husband and wife


        

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  • 2024-06-22 20:00:49

    1、 Accept the application submitted by the couple applying for divorce registration and check the legal documents they should submit
    2、 The marriage registration authority clearly informed the couples applying for divorce registration about the conditions for divorce registration stipulated in the Marriage Law
    3、 Ask whether the content and willingness of the divorce agreement are consistent. If there is any objection, it should be re negotiated to reach an agreement
    4、 Ask whether there is any objection to the custody of children and the handling of property and debts, and if there is, it should be re negotiated
    5、 Fill in the Declaration of Application for Divorce Registration, and sign or press the fingerprint in front of the marriage registrar
    6、 The parties read out the Declaration of Application for Divorce Registration in front of the marriage registrar and filled in the Divorce Registration Processing Form.
    However, there are three prerequisites for registering a divorce:
    First, you and your husband are willing to divorce, and have reached an agreement on how to deal with issues such as property and debt, and both parties have signed a divorce agreement
    Second, both parties are persons with full civil capacity
    Third, it is handled in the mainland of China.
    If you and your husband agree to divorce through consultation and meet the above conditions, you can go to the marriage registration office in your domicile or the husband's domicile for divorce registration. If your husband does not agree to divorce, or although he agrees to divorce, but both parties fail to reach an agreement on child support, property, debt and other issues, you can only go to the court for divorce. Article 22 of the Civil Procedure Law stipulates: "In a civil action against a citizen, the people's court of the defendant's domicile shall have jurisdiction over the case where the defendant's domicile is inconsistent with his habitual residence, the people's court of his habitual residence shall have jurisdiction." You two live separately, and your domicile is not in the same place. According to the jurisdiction principle of "plaintiff versus defendant", if your husband files for divorce, Then he should bring the case to the court where you are located, not to the court where he is located. Similarly, if you file a divorce, you can only file it with the court where your husband is located.
    According to the provisions of Articles 4 and 8 of the Supreme People's Court's Several Specific Opinions on the People's Courts' Handling of Divorce Cases, the division of property when the husband and wife live in two separate places for divorce, the property obtained after marriage that is separately managed and used by the husband and wife living in two separate places shall be recognized as. The joint property of husband and wife shall be equally divided in principle. According to the actual needs of production and life and the source of property, the specific treatment can also be different. As for the husband and wife who live in two separate places, when dividing their property, the property they respectively manage and use shall belong to their own property. If there is a great difference between the properties of the two parties, the party with more property shall compensate the other party with the property equivalent to the difference.

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