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Do we need a court decision for divorce by agreement

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Do we need a court decision for divorce by agreement


        

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  • 2024-06-05 22:01:42

    Divorce by agreement does not require a court decision.
    If both parties can reach an agreement on divorce, child rearing, property division and other issues, they can personally carry their identity cards, household registration books, marriage certificates and divorce agreements to the marriage registration authority in the place where one party's permanent residence is located for divorce registration. The specific process is as follows:
    (1) Prepare the divorce agreement. Both men and women must sign a written divorce agreement, which must include that both parties are willing to divorce and agree on matters such as child rearing, property and debt.
    (2) Application acceptance. Both men and women need to go to the civil affairs bureau where one party's permanent residence is located to apply for divorce registration in person with the ID card, residence booklet, marriage certificate, written divorce agreement and other materials.
    (3) Calm down period. Within 30 days from the date of applying for divorce registration, if either party is unwilling to divorce, it can go to the Civil Affairs Bureau to withdraw the divorce registration application. This is the so-called "30 day cooling off period".
    (4) Review and certification. If 30 days have passed, from the 31st day to the 60th day, both men and women must go to the Civil Affairs Bureau in person to apply for a divorce certificate.
    [Legal Basis]
    Article 1076 of the Civil Code states that 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 office.
    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.

    E***

    2024-06-05 22:01:42

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