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Under what circumstances is it not allowed to divorce by agreement but to divorce by litigation

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Under what circumstances is it not allowed to divorce by agreement but to divorce by litigation


        

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  • 2024-06-25 02:00:49

    1. One party requests divorce. In other words, if one party requests divorce and the other party does not agree, the party requesting divorce can only file a lawsuit to the court for divorce.
    2. If both parties ask for divorce, but no agreement is reached on matters such as child rearing, economic assistance for one of the spouses who is in difficulty, property and debt disposal, the parties can only dissolve the marriage through the court. Although both parties agreed to divorce, if they could not reach an agreement on the division of property, child rearing and other differences, they could not go to the Civil Affairs Bureau to go through the formalities of divorce agreement. Instead, they could only resolve the disputes between the two parties through the court, so as to dissolve the marriage relationship of both parties by litigation.
    3. One or both parties have limited or no capacity for civil conduct. If one party is mentally ill and is diagnosed as having no capacity for civil conduct by the hospital, the Civil Affairs Bureau cannot accept the divorce application, because the Civil Affairs Bureau cannot determine whether the party concerned has the true and voluntary will to divorce. Similarly, the court will not directly accept a divorce lawsuit filed by a party who has been determined to have no civil capacity, but can only be filed by the other party. If the party concerned is identified as a person without civil capacity by medical appraisal, no other person, including the party's relatives, can sue for divorce on behalf of the party concerned. If the other party is a person without civil capacity, the party may file a divorce lawsuit to the court, and the legal guardian of the other party shall participate in the lawsuit as the agent of the other party.
    4. The marriage registration is not handled. If the party concerned is in a factual marriage or cohabitation relationship and has not gone through marriage registration at all, if the divorce is now going on, he can only go to the court to go through the divorce procedures, which will not be handled by the Civil Affairs Bureau. According to the current legal provisions, the parties who meet the substantive requirements of marriage before February 1, 1994, although not registered to marry, but live together in the name of husband and wife, constitute a de facto marriage. However, if the de facto marriage relationship is dissolved now, only the divorce procedures can be handled in the court; After February 1, 1994, both men and women lived together, only cohabiting, and could terminate the relationship on their own. There was no need to go to the Civil Affairs Bureau or the court to handle the termination procedures. Only if both parties had property or child rearing disputes, they could directly file a lawsuit to the court.
    5. The marriage was registered abroad. With the development of the times, more and more Chinese and foreigners marry in foreign countries, or in Hong Kong, Macao and Taiwan. For marriages not registered in the mainland of China, the parties want to dissolve the marriage. Regardless of whether the two parties can reach an agreement, they can only divorce by litigation through the people's court.

    J***

    2024-06-25 02:00:49

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