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Unilateral application for divorce

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Unilateral application for divorce


        

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  • 2024-06-23 12:00:03

    There are two ways to divorce, namely, court proceedings for divorce and agreement divorce at the marriage registration office of the civil affairs department.
    According to Article 31 of the Marriage Law of the People's Republic of China, divorce is granted if both men and women voluntarily divorce. Both parties must apply for divorce at the marriage registration office. The marriage registration authority shall issue a divorce certificate when it finds out that both parties are indeed willing and have properly dealt with children and property issues.
    Article 32 If one of the men and women requests divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.
    1、 Civil affairs departments have convenient divorce procedures. In the process of divorce by agreement, the drafting process of the divorce agreement should be very careful, and never act rashly. If necessary, it is better to ask a lawyer to check. The divorce agreement shall state the intention of both parties to divorce voluntarily and the consensus on matters such as child rearing, property and debt disposal. If both parties agree to divorce, and an agreement can be reached on child rearing and property division, it is very convenient to go to the civil affairs department for an agreed divorce.
    2、 Court proceedings for divorce: convenient and complicated.
    According to Article 32 of the Marriage Law of the People's Republic of China, if one of the men and women requests divorce, the relevant departments can mediate or directly file a divorce lawsuit with the people's court. If one of the husband and wife insists on divorce or agrees to divorce, but fails to reach an agreement on child rearing or property division, they can only divorce through court proceedings. Legal basis: Article 10 of the Marriage Registration Regulations, if the mainland residents voluntarily divorce, both men and women should go to the marriage registration authority where one party's permanent residence is located to register for divorce. If Chinese citizens and foreigners divorce voluntarily in the mainland of China, and mainland residents divorce voluntarily with Hong Kong residents, Macao residents, Taiwan residents, and overseas Chinese in the mainland of China, both men and women shall jointly go to the marriage registration authority in the place where the permanent residence of mainland residents is located to register for divorce.

    Fu***

    2024-06-23 12:00:03

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