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How to dissolve marriage


        

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  • 2024-06-22 16:00:48

    There are two ways to get rid of it: litigation divorce and agreement divorce
    Divorce by agreement refers to the legal act that both husband and wife agree to dissolve the marriage relationship according to the legal provisions. According to Article 31 of the Marriage Law, if both men and women wish to divorce, they must apply for divorce registration at the marriage registration office. After formal and substantive examination, the marriage registration authority shall go through divorce registration and issue a divorce certificate if it confirms that both parties are willing and have properly dealt with children and property issues.
    Litigation divorce refers to the legal system in which one party brings a lawsuit to the people and the people's court, after hearing the proceedings, mediates or makes a judgment to dissolve the marriage relationship when the couple cannot reach an agreement on divorce, child rearing or property division after divorce. According to the relevant judicial interpretation, mediation is not applicable to cases of marital relationship and identity relationship confirmation; However, if property division and child rearing are involved, mediation can be conducted. If an agreement is reached through mediation, a mediation statement shall be prepared separately. The Provisions of the Supreme People's Court on Several Issues Concerning the Civil Mediation Work of the People's Court stipulates: "For civil cases that may be solved through mediation, the people's courts shall mediate. However, the people's court shall not mediate in cases where special procedures, procedures for urging people to sue, procedures for public summons, bankruptcy and debt repayment procedures are applicable, cases of marital relationship, identity relationship confirmation, and other civil cases where mediation cannot be conducted according to the nature of the case. "
    Article 31 of the Marriage Law of the People's Republic of China
    Divorce shall be granted if both men and women wish to 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 of the Marriage Law of the People's Republic of China
    If one of the men and women requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court.
    When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted.

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