The Process of Civil Affairs Bureau Handling Divorce Certificate

It mainly includes application, acceptance, cooling-off period, review and registration (certification).

After the husband and wife decide to divorce, they need to apply for divorce registration in person at the marriage registration office of the civil affairs bureau where one of them is registered.

I. Application

Both parties go to the marriage registration office of the Civil Affairs Bureau together, submit an application for divorce registration, and show the household registration book, ID card, marriage certificate and divorce agreement signed by both parties. The divorce agreement shall specify the willingness of both parties to divorce voluntarily, and reach a consensus on matters such as child support, property and debt disposal.

Two. accept

The staff of the Civil Affairs Bureau conducted a preliminary review of the submitted materials and confirmed that both parties met the conditions for divorce registration, that is, both parties had full capacity for civil conduct, and both parties voluntarily divorced, and reached an agreement on issues such as child support, property and debts.

Third, the cooling-off period

From the date when the Civil Affairs Bureau accepts the application for divorce registration, both parties need to wait for a cooling-off period of 30 days. The purpose of the cooling-off period is to give both husband and wife enough time to think calmly and avoid making impulsive decisions. During the cooling-off period, either party can withdraw the divorce registration application if it goes back on its word.

Four. review

After the cooling-off period, the Civil Affairs Bureau will re-examine the divorce agreement submitted by both parties. The contents of the review mainly include whether the two parties still insist on the divorce will and whether the contents of the divorce agreement are legal, fair and reasonable.

Verb (abbreviation for verb) registration (authentication)

After passing the examination, the Civil Affairs Bureau will register and issue a divorce certificate. Since then, the two sides have officially dissolved their marriage relationship. It should be noted that once the divorce certificate is issued, it has legal effect and both parties need to keep it properly.

To sum up:

The Civil Affairs Bureau's divorce certificate process includes application, acceptance, cooling-off period, review and registration (certification). Both parties need to submit relevant materials in person to the marriage registration office of the Civil Affairs Bureau, and after a cooling-off period and review, they can get the divorce certificate. In this process, both parties should treat it rationally to ensure that the divorce agreement is legal, fair and reasonable.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 1076 stipulates:

If the husband and wife voluntarily divorce, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

People's Republic of China (PRC) Civil Code

Article 1077 stipulates:

Within 30 days after the marriage registration office receives the application for divorce registration, if either party is unwilling to divorce, 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.

People's Republic of China (PRC) Civil Code

Article 1078 stipulates:

The marriage registration authority shall register and issue a divorce certificate if it finds out that the two parties are really divorced voluntarily and reach an agreement on matters such as child support, property and debt handling.