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How does the court handle divorce procedures

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How does the court handle divorce procedures


        

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  • 2024-06-23 14:00:47

    [Legal Opinion]
    First of all, the complicated time procedures are litigation divorce. As long as the procedures for divorce by agreement are complete, it can be completed on the same day. Under normal circumstances, both parties take the divorce agreement together and go to the local civil affairs bureau to handle the divorce procedures.
    1. Both parties agree to divorce voluntarily;
    2. Be present at the same time and submit the application; Submit a written application to the marriage registration authority of the Civil Affairs Bureau and fill in the Divorce Application Form
    3. Review: The marriage registration authority of the Civil Affairs Bureau has verified that the application is the expression of both parties' true intentions, and has reached an agreement on the sharing of family common property and children's upbringing, education, and medical expenses. The marriage registration authority of the Civil Affairs Bureau has made a decision to approve divorce within 30 days from the date of receiving the divorce application, and has confiscated the marriage certificates of both parties, Issue divorce certificate.
    2、 How to make a divorce agreement?
    The divorce agreement shall have legal effect after being signed by both parties. The divorce agreement shall include the following contents:
    1. The registration of divorce is the expression of the true intention of both parties;
    [Legal Basis]
    Marriage Registration Ordinance
    Article 10 If a mainland resident wishes to divorce, both men and women shall jointly go to the marriage registration office in the place where one party's permanent residence is located to register for divorce.
    Article 11 Mainland residents who have gone through divorce registration shall present the following certificates and supporting materials:
    (1) My household register and ID card;
    (2) My marriage certificate;
    (3) A divorce agreement signed by both parties. Hong Kong residents, Macao residents, Taiwan residents, overseas Chinese and foreigners who have gone through divorce registration shall, in addition to the certificates and certification materials specified in sub paragraphs (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents and Taiwan residents shall also issue their own valid passes, identity cards, overseas Chinese Foreigners shall also produce their own valid passports or other valid international travel documents. 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.

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