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Method for divorce

Author: Published:2015-04-29 Views:871

Luoyang lawyer from a professional point of view, the divorce agreement refers to married men and women voluntary dissolution of marriage, to reach a consensus on issues related to divorce, the marriage registration office to apply for divorce registration by the Civil Affairs Bureau, Civil Affairs Bureau issued a certificate of divorce termination of marriage.
Luoyang lawyers remind you if you want to apply for a divorce agreement, must meet the following conditions:
A, the parties in the Civil Affairs Bureau of China legally registered couples.
No registration of marriage, not divorce registration. Whether it is the fact that marriage or illegal cohabitation, the court handling the case. In the foreign registration of marriage, divorce is not in the Civil Affairs Bureau of China's agreement, only through litigation divorce. If the foreign marriage is registered in China can apply for the registration of marriage, divorce in china.
Two, the two sides of the divorce, division of property, child custody, debt and other issues have reached a consensus, and signed the "divorce".
The two sides agreed to a divorce shall be recognized in the agreement, which confirmed the common property of husband and wife, how to split; no children or children who have custody of the other party, the amount of alimony and child rearing party visiting time and visiting method; and there are no debts and distribution. Any one of the above problems did not reach a consensus, can apply for divorce, divorce is still controversial, for the prosecution to the people's court dispute handling.
Meet the above conditions, both sides must personally go to a party where the permanent residence of the marriage registration authority for Chinese, and foreign citizens married in China, divorce can China citizens account for the location of the divorce agreement. Such as residence and place of residence does not match, only to account for the location.
For the divorce agreement, the parties shall submit the following documents:
1, my account of this, id;
2, my marriage certificate;
3, the parties signed the "divorce agreement";
4, the recent bareheaded photo two.
For foreigners, Hong Kong and Macao compatriots for divorce in our country needs to provide the following documents:
A valid identity certificate, the applicant's valid passport or Hongkong, Macao, Taiwan, Hong Kong and Macao compatriots need to provide mainland travel permit or permit valid travel documents etc..
Two, the "marriage certificate";
Three, the two sides signed the "divorce agreement";
Four, the recent bareheaded photo two.
Since October 1, 2003, "Marriage Registration Ordinance" does not require the parties to provide unit or neighborhood of the letter of introduction, to protect the privacy of the parties, to simplify the divorce agreement procedures, but also improve the efficiency of divorce. But there are also some conditions, can not lead to divorce in the Bureau of Civil Affairs agreement, must be taken to court:
1, the two sides will divorce, division of property, child custody, debt and other issues failed to reach consensus, and insist on a divorce;
2, one party or both parties are restricted civil or no capacity for civil conduct;
3, not in the domestic marriage registration;
4, the two sides or one party cannot return to the location for the person.
There is one or more situations, you must choose to divorce proceedings.
For divorce and divorce proceedings, divorce has the advantages of saving time, saving money, but there are also some unfavorable factors:
A divorce agreement, the Civil Affairs Bureau for the record of the divorce agreement is not legally enforceable.
When one party does not fulfill the agreement, the other party must be prosecuted to the court, and the agreement of the contents of the book, and the one hundred percent is not supported by law. Once one party retracts, has a lot of uncertainty.
The Court reached a mediation divorce or divorce judgment, has the effect of enforceable. Any one party does not fulfill the court mediation or judgment, the other can apply to the court for enforcement, the Court seized, frozen, or detained by fines and other coercive measures so that the other party must abide by the agreement, more secure.
Two, the divorce agreement in "divorce" often left hidden.
The Civil Affairs Bureau for divorce agreement review is not strict, by consensus by both parties can, therefore, the agreement relates to property, children, debt disposal, often by the parties to determine the level of legal consciousness, generally, the wording is not standardized, consideration is not comprehensive, easy to dispute, leave
Hidden danger. At present, the marriage and family law net the admissibility of the case, there is about thirty percent of the resulting property after divorce litigation.
Court divorce or divorce mediation, a lawyer, judge the professional level of security, for each clause of mediation will be one by one review, legal, rigorous, and to ensure that the future can be enforced, no problems, solve problems more thoroughly.