Meaning of divorce by agreement
It is also called "two willing divorce" or "registered divorce". In the Marriage Law of China, it is called "voluntary divorce", which refers to the divorce mode in which the marriage relationship is dissolved by the agreement of both parties.
What is the process of voluntary divorce
1. Application of parties
Divorce registration is governed by region
If the parties agree to divorce, they shall apply for divorce registration at the marriage registration authority in the place where one party's household registration is located
Divorce is an important legal act of identity. When the parties divorce, they must go to the marriage registration authority to apply for divorce registration in person, and cannot entrust others to handle it.
When applying, the applicant shall present the marriage certificate, household register, resident identity card and other certificates and certificates of both parties, as well as the divorce agreement.
The divorce agreement shall clearly state the parties' declaration of intention to divorce, as well as the agreement matters concerning child support, economic assistance for one of the spouses who is in difficulty in life, property division and debt disposal, and shall be signed or sealed by both parties.
2. Examination by marriage registration authority
The marriage registration authority shall examine the divorce application of the party concerned to find out whether the certificates and certificates carried by the party concerned are complete and whether the party concerned meets the conditions for divorce registration
If the marriage registration authority finds out that only one of the husband and wife requests divorce, or both of the husband and wife agree to divorce but fail to reach an agreement on children and property, the marriage registration authority will not accept it.
3. Divorce registration and issuance of divorce certificates
The marriage registration authority shall examine the certificates and certification materials issued by the parties to the divorce registration and inquire about the relevant information
If the parties are indeed willing to divorce and have reached an agreement on how to deal with issues such as child rearing, property and debt, they shall register on the spot and issue a divorce certificate.
