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Do I have to go to the place where I get the certificate for divorce

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Do I have to go to the place where I get the certificate for divorce


        

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  • 2024-06-18 20:00:02

    It is not necessary to go to the place of registration to go through the divorce procedures. You can go to the marriage registration office in the place where either spouse's household registration is located.

    Agreed divorce, also known as registered divorce and voluntary divorce, refers to the dissolution of the marriage relationship due to the agreement of both parties at that time and through the registration procedure. The characteristics of divorce by agreement in China are: 1. The basis of divorce by agreement is consensual divorce. 2. The nature of divorce by agreement is direct divorce by agreement, that is, the legal consequences of divorce will occur after the necessary procedures are performed directly according to the divorce agreement of the parties. 3. The divorce by agreement is also applicable to the divorce in which both parties reach a divorce agreement through mediation. 4. Divorce by agreement must be registered before it becomes legally effective and the marriage relationship is dissolved. There is a 30 day cooling off period for divorce by agreement. After both parties apply to the Civil Affairs Bureau for divorce registration, they need to go through a 30 day cooling off period. After the 30 day cooling off period expires, both parties can go to the Civil Affairs Bureau together for divorce registration within one month. However, if the cooling off period expires and the divorce is not registered within one month, they need to apply again.

    If, after both men and women have gone through divorce registration, one party fails to perform its due obligations in accordance with the divorce agreement, or if both parties have disputes over the custody of their children or the division of property, they may bring a civil lawsuit to the people's court. Not only that, the people's court shall accept the case where the men and women renege on the issue of property division within one year after the divorce agreement and request to change or cancel the property division agreement. After the trial, if the people's court finds no fraud, coercion or other circumstances when concluding the property division agreement, it shall dismiss the litigant's claims according to law.

    Therefore, if both parties want to divorce, they do not need to go to the place where the certificate is obtained.

    Legal basis

    Article 1076 of the Civil Code of the People's Republic of China [Divorce by agreement] If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
    The divorce agreement shall specify the intention of both parties to divorce voluntarily and the consensus on matters such as child rearing, property and debt handling.

    Article 1077 of the Civil Code of the People's Republic of China [Divorce Calm Down Period] Within 30 days after the marriage registration authority receives the divorce registration application, if either party is unwilling to divorce, it may withdraw the divorce registration application from the marriage registration authority.
    Within 30 days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration authority for a divorce certificate; If no application is made, the application for divorce registration shall be deemed withdrawn.

    Article 1078 of the Civil Code of the People's Republic of China [Divorce registration] The marriage registration authority shall register and issue a divorce certificate if it is found that the two parties are indeed willing to divorce and have reached consensus on matters such as child rearing, property and debt handling.

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