Is divorce going to the convenience service center
Publish: 2021-05-14 03:18:53
1.
Go to the Civil Affairs Bureau. There are two ways of divorce: divorce by court proceedings and divorce by agreement with the marriage registration authority of the civil affairs department
ways:
1. Divorce registration. The contents of consensus should be reflected in the divorce agreement, including but not limited to the following contents: expression of divorce intention, ownership of custody, payment of maintenance fee, property division, etc
2, divorce litigation
both husband and wife can not reach an agreement through consultation, they can only go to the court to sue for divorce, and the court will decide whether to approve the divorce, and at the same time, it will decide the ownership of custody, the payment of maintenance fees, the division of property, the ownership of creditor's rights and debts, etc
1. Principles of registration and certification
Article 13 of the marriage registration regulations stipulates that the marriage registration authority shall review the certificates and certification materials issued by the parties to divorce registration and ask for relevant information
if the parties do divorce voluntarily and have reached an agreement on the issues of child support, property and debt, they should register on the spot and issue a divorce certificate. Divorce certificate is a kind of certificate with legal effect to prove that the marriage relationship has been dissolved
According to Article 32 of the new marriage law, if a man or a woman asks for divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. When trying a divorce case, the people's court shall conct mediation; If the relationship is broken and the mediation is invalid, divorce should be granted (1) bigamy or cohabitation of a spouse with another person (2) domestic violence or maltreatment or abandonment of family members (3) those who have bad habits such as gambling and drug abuse that are not changed after repeated ecation (4) separation for at least two years e to emotional discord (5) other circumstances leading to the breakdown of the relationship between husband and wife3. There are four basic requirements for divorce:
first, in terms of time, divorce can only occur ring the survival of both spouses. If one of the spouses dies or is declared dead, there is no divorce
secondly, in the subject, divorce can only be proposed by both men and women who have the status of husband and wife, and no one else can claim divorce for other people's marriage relationship
Thirdly, divorce must have legal marriage relationship. Unregistered de facto marriage or illegal marriage that obtains marriage certificate by deception or fraud can only be relieved by applying for cancellation or invalidation, but not by divorce Fourthly, divorce, as a serious legal act, must meet the legal conditions for divorce and perform the legal divorce procere in order to proce legal effect2. Go to the Civil Affairs Bureau for registration...
3. There is usually no divorce registration in the administrative service center, and the Civil Affairs Bureau has a separate processing hall.
4. Where to apply for a divorce certificate, you need to provide a household register. You should provide your household register, ID card, marriage certificate and divorce agreement<
legal basis:
Article 10 of the marriage registration regulations stipulates that if a mainland resident wishes to divorce, both men and women shall jointly register for divorce with the marriage registration authority of the place where one party's permanent residence is located
If a Chinese citizen and a foreigner voluntarily divorce in the mainland of China, or if a mainland resident and a Hong Kong resident, a Macao resident, a Taiwan resident or an overseas Chinese voluntarily divorce in the mainland of China, both men and women shall jointly register for divorce with the marriage registration authority in the place where the permanent residence of the mainland resident is located< Article 11 a mainland resident who has registered for divorce shall proce the following certificates and supporting materials:
(1) his / her household register and ID card< (2) my marriage certificate< (3) the divorce agreement signed by both parties.
legal basis:
Article 10 of the marriage registration regulations stipulates that if a mainland resident wishes to divorce, both men and women shall jointly register for divorce with the marriage registration authority of the place where one party's permanent residence is located
If a Chinese citizen and a foreigner voluntarily divorce in the mainland of China, or if a mainland resident and a Hong Kong resident, a Macao resident, a Taiwan resident or an overseas Chinese voluntarily divorce in the mainland of China, both men and women shall jointly register for divorce with the marriage registration authority in the place where the permanent residence of the mainland resident is located< Article 11 a mainland resident who has registered for divorce shall proce the following certificates and supporting materials:
(1) his / her household register and ID card< (2) my marriage certificate< (3) the divorce agreement signed by both parties.
5. Some places are in the Civil Affairs Bureau, and some places are in the divorce window of the administrative service center.
6. Fuzhou citizen center can not handle divorce proceres
divorce should be handled in Fuzhou Civil Affairs Bureau, which is responsible for it; The administration of marriage registration and child adoption registration in the whole city, the marriage registration involving foreign affairs and Hong Kong, Macao, Taiwan and overseas Chinese, and the child adoption registration involving Hong Kong, Macao, Taiwan and overseas Chinese; The reform of marriage customs was carried out
the Fuzhou citizen center accepts social security, medical insurance, vehicle management, traffic violation treatment, entry-exit documents, green label and other proceres that citizens need to go through in daily life, and provides "one-stop" convenient services for citizens.
divorce should be handled in Fuzhou Civil Affairs Bureau, which is responsible for it; The administration of marriage registration and child adoption registration in the whole city, the marriage registration involving foreign affairs and Hong Kong, Macao, Taiwan and overseas Chinese, and the child adoption registration involving Hong Kong, Macao, Taiwan and overseas Chinese; The reform of marriage customs was carried out
the Fuzhou citizen center accepts social security, medical insurance, vehicle management, traffic violation treatment, entry-exit documents, green label and other proceres that citizens need to go through in daily life, and provides "one-stop" convenient services for citizens.
7. If the divorce can only be carried out voluntarily in one party's permanent residence, both men and women should go to the marriage registration authority of one party's permanent residence for divorce registration
If a Chinese citizen and a foreigner voluntarily divorce in the mainland of China, or if a mainland resident and a Hong Kong resident, a Macao resident, a Taiwan resident or an overseas Chinese voluntarily divorce in the mainland of China, both men and women shall jointly register for divorce with the marriage registration authority in the place where the permanent residence of the mainland resident is located.
If a Chinese citizen and a foreigner voluntarily divorce in the mainland of China, or if a mainland resident and a Hong Kong resident, a Macao resident, a Taiwan resident or an overseas Chinese voluntarily divorce in the mainland of China, both men and women shall jointly register for divorce with the marriage registration authority in the place where the permanent residence of the mainland resident is located.
8. But you can go through the divorce procere.
9. To the Civil Affairs Bureau, that is, the original place for marriage certificate
the specific procere of divorce by agreement must go through three links: application, examination and registration
1. Apply. If a mainland resident wishes to divorce, both men and women shall jointly register for divorce with the marriage registration authority in the place where one party's permanent residence is located. If a Chinese citizen divorces voluntarily with a foreigner in the mainland of China, or if a mainland resident divorces voluntarily with a Hong Kong resident, a Macao resident, a Taiwan resident or an overseas Chinese in the mainland of China, both men and women shall jointly register for divorce with the marriage registration authority in the place where the permanent residence of the mainland resident is located. Mainland residents who register for divorce shall proce the following certificates and supporting materials: their household register and ID card; My marriage certificate; A divorce agreement signed by both parties. Hong Kong residents, Macao residents, Taiwan residents, overseas Chinese and foreigners who have registered for divorce shall issue travel documents in addition to the above-mentioned documents and supporting materials. The divorce agreement shall state the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt treatment
2. Review. The marriage registration authority shall examine the certificates and supporting materials issued by the parties to divorce registration and inquire about the relevant information. If the parties do divorce voluntarily and have reached an agreement on the issues of child support, property and debt, they shall register on the spot and issue a divorce certificate. In the process of review, we must fully understand the contents of the agreement, especially pay attention to whether the two parties' intention to divorce is true, whether the child is supported, whether the couple's life is difficult, whether the division of property and debt treatment are appropriate
3. Registration. After examination, the marriage registration administration organ shall register those who meet the conditions for divorce, issue a divorce certificate and cancel the marriage certificate; In the process of divorce registration, if the parties fail to reach a divorce agreement, belong to a person without or with limited capacity for civil conct, or their marriage registration is not in the mainland of China, the marriage registration authority shall not accept it. For those who fail to meet the legal conditions and refuse to register, the reasons for refusing to register shall be explained in writing. The party concerned shall terminate the relationship between husband and wife from the date of receiving the divorce certificate. If one of the parties to a divorce fails to perform its e obligations in accordance with the divorce agreement, the other party may bring a civil action in the people's court.
the specific procere of divorce by agreement must go through three links: application, examination and registration
1. Apply. If a mainland resident wishes to divorce, both men and women shall jointly register for divorce with the marriage registration authority in the place where one party's permanent residence is located. If a Chinese citizen divorces voluntarily with a foreigner in the mainland of China, or if a mainland resident divorces voluntarily with a Hong Kong resident, a Macao resident, a Taiwan resident or an overseas Chinese in the mainland of China, both men and women shall jointly register for divorce with the marriage registration authority in the place where the permanent residence of the mainland resident is located. Mainland residents who register for divorce shall proce the following certificates and supporting materials: their household register and ID card; My marriage certificate; A divorce agreement signed by both parties. Hong Kong residents, Macao residents, Taiwan residents, overseas Chinese and foreigners who have registered for divorce shall issue travel documents in addition to the above-mentioned documents and supporting materials. The divorce agreement shall state the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt treatment
2. Review. The marriage registration authority shall examine the certificates and supporting materials issued by the parties to divorce registration and inquire about the relevant information. If the parties do divorce voluntarily and have reached an agreement on the issues of child support, property and debt, they shall register on the spot and issue a divorce certificate. In the process of review, we must fully understand the contents of the agreement, especially pay attention to whether the two parties' intention to divorce is true, whether the child is supported, whether the couple's life is difficult, whether the division of property and debt treatment are appropriate
3. Registration. After examination, the marriage registration administration organ shall register those who meet the conditions for divorce, issue a divorce certificate and cancel the marriage certificate; In the process of divorce registration, if the parties fail to reach a divorce agreement, belong to a person without or with limited capacity for civil conct, or their marriage registration is not in the mainland of China, the marriage registration authority shall not accept it. For those who fail to meet the legal conditions and refuse to register, the reasons for refusing to register shall be explained in writing. The party concerned shall terminate the relationship between husband and wife from the date of receiving the divorce certificate. If one of the parties to a divorce fails to perform its e obligations in accordance with the divorce agreement, the other party may bring a civil action in the people's court.
10. Divorce by agreement is available at the service window of the marriage registry of the Civil Affairs Bureau of the administrative center. Sue for divorce and file a divorce case in the District Court
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