The divorce certificate is a legal document for the husband and wife to dissolve their marriage in accordance with the law. In most cases, the processing and collection of the divorce certificate needs to be carried out at the place of domicile of both spouses.
Legal provisions for obtaining a divorce certificate in a different placeAccording to the Marriage Law of the People's Republic of China and relevant judicial interpretations, after divorce by agreement or litigation, both husband and wife shall apply to the marriage registration authority or people's court at the place of household registrationIt is difficult to obtain a divorce certificate in a different place
In practice, the divorce certificate is obtained in a different place
Although the law stipulates the place where the divorce certificate is to be issued, in practice, the marriage registration authorities or courts in some places may allow the husband and wife to apply for and obtain a divorce certificate in a different place according to the specific circumstances. This usually requires certain conditions to be met, such as providing sufficient supporting materials, going through a rigorous review process, etc.
Mr. Li and Ms. Wang are a couple who live apart due to work. They decided to divorce by mutual agreement after much deliberation. Although their household registration is not in the same city, after providing sufficient supporting materials and going through strict review, they successfully went through the divorce procedures and obtained the divorce certificate at the marriage registration office in Ms. Wang's city.
Article 31 of the Marriage Law of the People's Republic of China stipulates that: "The divorce agreement shall contain the parties' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposal." Both parties shall apply for divorce registration in person at the marriage registration authority. After the divorce registration is completed, the marriage registration authority shall issue a divorce certificate. ”
Although it is possible to obtain a divorce certificate in a different place in practice, it is recommended that both husband and wife should return to the place of household registration to go through the relevant formalities as much as possible after deciding to divorce to ensure the legality and effectiveness of the procedure. At the same time, it is also very important to seek the help and guidance of a professional lawyer in the process of handling the process to ensure that your rights and interests are protected to the greatest extent.