According to Article 31 of the Marriage Law, if both men and women divorce voluntarily, divorce shall be granted. 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. That is to say, the divorce agreement can be drafted by the parties, but it must be filed with the marriage registration authority.
Three full texts of the interpretation of the new marriage law (new version 2020)
Article 21 of the Marriage Law of the People's Republic of China
Article 52 of the Contract Law of the People's Republic of China
