Contents
 
 
      In The above-mentioned three terms and conditions must be satisfied in the meantime; otherwise, the civil affairs bureau shall not accept the divorce case. In case the following situations occur, the conjugal relation cannot be dissolved by agreement:
     1.One party claims for divorce without the consent of the other party. The divorcer can do nothing but bring the divorce case to court.
     2.Both parties get divorced by mutual consent, but they couldn’t reach agreements on upbringing, economical support for the party in need, property and liabilities, etc. In such cases, the only way they can select is divorce litigations, by turning to court for mediation.
     3.One party or both parties have limited or no civil capacity, including mental patients identified by the hospital. The civil affairs bureau shall not accept such divorce request, because the bureau cannot ascertain whether the person agrees to divorce on his or her own will. Similarly, the court shall not accept the divorce request presented by the person without civil capacity, unless the other party brings a divorce case to court. In cases the person involved is identified to have no civil capacity by medical experts, any person including family members has no right to present a plea for him or her. In cases the opposite party is identified to have no civil capacity, the party can bring the divorce case to court with the other party’s legal guardian as law-agent.
    4.Both parties haven’t made marriage registration, which is called “De facto Marriage”. The civil affairs bureau shall not accept this kind divorce cases but to remit them to court. Subject to the current laws and regulations, in conformity with important conditions of marriage, both parties cohabited in the name of couple without marriage registration after February.1.1994, are classified into de facto marriage, Only the court has the right to conduct divorce cases concerning de facto marriage.
    5.Both parties register for marriage abroad. With the progress of the times, more and more Chinese and foreigners get married and make registrations for marriage abroad or in the regions of HK, Macao and Taiwan of China. As for such divorce cases that are not registered in the mainland of China, divorce litigations are the only way available. In the last chapter of this book, we will give you a detailed description of the fastest procedures concerning Chinese divorce with foreigners.