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In Not all the divorce cases can be resolved by divorce agreement. Subject to Article 31 of Marriage Law: Divorce shall be allowed if both husband and wife are willing to divorce. Both parties shall apply to the marriage registration authority for divorce. The marriage registration authority issues a certificate of divorce after confirming that both parties are indeed willing to divorce and have made proper arrangements for their children and have properly disposed of their property. This is the legal ground for divorce by agreement in accordance with Marriage Law of P.R.C. So, here are three basic terms and conditions for divorce by agreement at the civil affairs bureau only:
1. Both parties should accord with the following three material requirements.
①Both parties are legal registered couple. The dissolution of de facto marriage, which means the civil affairs bureau has no register on record, must be conducted via divorce proceedings in the people’s court.
②Both parties have reached divorce agreements. In other words, both parties decide to get divorced by mutual consent.
③Both parties have come to agreements on children’s custody and the division of common property.
In case both parties still have disputes on the amount of common property and division measures, the civil affairs bureau shall not conduct the divorce case but to remit it to the court.
Both parties have to reach the agreement on which party holds the child custody and how much child-care expense shall the other party pay per month and how to execute the visitation right. Of course, this item can be omitted to barren marriage.
2. What’s more, both parties should pay attention to the some procedure problems of divorce agreement.
①The jurisdiction of the divorce registration. The couple applying for a divorce registration have to go to the civil affairs bureau where at least one party’s Hukou located even if the party no longer lives here. In cases that residences of Mainland China would like to make the divorce registration with residences from Hong Kong, Macau, Taiwan and alike, they have to go to the civil affairs bureau where the mainland residence’s Hukou locates.
②When applying for a divorce registration, the couple have to apply by themselves other than asking someone else to do it, and even lawyers could not act as agency as well, which is a bit different from foreign countries. If one party couldn't appear, they will have to go to the court.
③If both parties are Chinese citizens living abroad with their marriage certificate issued by the Chinese Embassy, they could still register their divorce in the Chinese Embassy. In this case, the couple does not have to come back to China to finish their divorce registration. However, the couple has to go through the divorce litigation when the country where they are staying doesn’t acknowledge the divorce registration issued by Chinese Embassy. |
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