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How to handle the divorce process of the Civil Affairs Bureau?
Secondly, both parties should bring their ID cards, marriage certificates, household registration books, divorce agreements and other related materials and go to the local marriage registration office for divorce registration in person. The marriage registration office examines the materials submitted by both parties and registers those that meet the requirements.
Thirdly, if either party is unwilling to divorce within 30 days after receiving the application for divorce registration, it may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the above-mentioned prescribed time limit, both parties shall also personally apply to the marriage registration authority for issuing a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.
Finally, after examination, the marriage registration authority found that the two parties did divorce voluntarily, and reached a consensus on matters such as child support, property and debt disposal, and registered them, issued a divorce certificate, and the marriage relationship between the two parties was dissolved.
Tips: The divorce agreement is legally binding on both parties. If there are loopholes in the divorce agreement, it is likely to have a huge impact on the future lives of both parties. Therefore, it is suggested that both parties should have professional lawyers to guide them when signing the divorce agreement, so as not to harm the legitimate interests of both parties.
legal ground
People's Republic of China (PRC) Civil Code
Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the expression of the will of both parties to divorce voluntarily 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.
Article 1080 The marriage relationship is dissolved when the divorce registration is completed or the divorce judgment or conciliation statement comes into effect.
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