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The function of divorce lawyer's letter
After receiving the lawyer's letter, if you don't want to go to court, you should actively negotiate with the other party. In fact, the lawyer's letter will not have any legal consequences, and the role played by the lawyer's letter is only a warning. In divorce cases, if one party has decided to dissolve the marriage through judicial procedures, few people will send a lawyer's letter to the other half before prosecution. Article 1076 of the Civil Code of People's Republic of China (PRC) * * * If both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in the marriage registration office in person. The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal. Article 1077 If either party is unwilling to divorce within 30 days after the marriage registration office receives the application for divorce registration, it may withdraw the application for divorce registration from the marriage registration office. Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration. Article 1078 The marriage registration authority shall register and issue a divorce certificate after finding out that both parties are really divorced voluntarily and reaching an agreement on matters such as child support, property and debt handling.
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