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In accordance with the Marriage Registration Regulation and relevant laws, the divorcer shall go to the marriage registration office at the civil affairs bureau at one party’s habitual residence, with relevant certificates and the divorce agreement. The procedures for divorce registry at the civil affairs bureau are:
1.Certificates presentation. Both parties have to submit the related credentials and materials.
2.The officials in the marriage registration office have the obligations to tell the divorcees the conditions of divorce registration according to the Marriage Law of the People’s Republic of China. Also they have to make sure whether the divorcees really want to get divorced and whether they have known the divorce agreement clearly and thoroughly.
3.Filling in Petition for divorce registration and both parties should fill this table while the officials are at spot
4.Both parties should sign the divorce agreement by themselves and each of them maintains a copy while with a third copy in the registration office.
Generally speaking, the divorce agreement has to be prepared before their divorce registration. In Shanghai, some local matrimonial registries may require the divorcers submitting the divorce agreement written in person, the printed agreement excluded, while some local registries may require the divorcers saving the file of divorce agreement on the soft disk submitted with the paper format. Hence, before the registration for divorce, it is better to inquire the local matrimonial registry, in order to clearly make sure what kinds of materials are required, to avoid unnecessary time and energy.
5.The officials at the registration office have to check the authenticity of the materials divorcers submitted and the parties fulfilling the conditions will gain the divorce certificate.
6.The officials have to issue the divorce certificate when both parties are at spot and check the following items:
①Both parties’ names, their dates of birth and their opinions on divorce
②Notify both parties of the legal relationship between them, their duties concerning child custody and the solution of divorced disputes after the divorce certificate issued.
③Attest both parties sign their names on the table of divorce examination and the party has to leave his or her fingerprint on the table when they don’t know how to write.
④Seal the marriage certificates with a signature meaning invalid and return the sealed marriage certificates to both parties.
⑤Issue the divorce certificates and give them to both parties. Then both parties have to sign on the acceptance of service.
In addition, each marriage registration office has its own typical regulations on divorce registration. Take Beijing for example, the officials should explain the conditions on which both parties could registry divorce and make effort to mediate. Also they have to ask both parties’ opinions on divorce agreement respectively and take notes which have to be signed by both parties.
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