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The divorce provisions of the Marriage Law of 2022! What is the divorce procedure?

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The divorce provisions of the Marriage Law of 2022! What is the divorce procedure?


        

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  • 2024-06-10 00:01:42

    What are the divorce provisions added to the new marriage law?

    1. Newly added 30 days of divorce cooling off period: both parties need to wait 30 days after submitting the divorce registration application. If either party is unwilling to divorce within 30 days, it may withdraw its application for divorce registration from the marriage registration authority. At the same time, after the divorce cooling off period, both parties need to apply for a divorce certificate to the marriage registration authority within 30 days. If the time is missed, the application for divorce registration shall be deemed withdrawn.

    2. Newly added divorce debt agreement: the divorce agreement must clearly state "how to deal with the husband and wife's debts", otherwise, the divorce agreement will be regarded as incomplete and needs to be redone.

    3. New conditions for divorce judgment by the court: if the court decides that divorce is not allowed and the two parties live separately for another year before filing a lawsuit, divorce shall be judged.

    4. Add a new time point to explicitly dissolve the marriage relationship: the date of divorce registration, the date when the divorce judgment takes effect, or the date when the divorce mediation statement takes effect.

    What is the divorce procedure?

    1. Application. When both men and women apply for divorce through voluntary agreement, they should go to the marriage registration authority in the place where one party's household registration is located to apply for divorce in person with the household registration certificate, resident identity card, letter of introduction issued by the villagers' committee or the residents' committee, divorce agreement and marriage certificate.

    2. Review. The marriage registration authority strictly reviews divorce applications in accordance with the law, mainly examining whether the two parties are really willing, whether they have reached an agreement to support their children, whether one of the spouses has reached an agreement on financial assistance for living difficulties, and whether they have reached an agreement on property and debt treatment.

    3. Approval. If both parties meet the conditions for voluntary divorce, the registration authority shall register, issue a divorce certificate and cancel the marriage certificate within one month from the date of accepting the application. The party concerned shall terminate the relationship as of the date of obtaining the divorce certificate.

    Legal basis:

    Civil Code, Part V Marriage and Family, Chapter IV Divorce

    I***

    2024-06-10 00:01:42

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