It is generally accepted that if both spouses agree to divorce, then the divorce process should be a simple and quick matter. However, this may not be the case. Even if both parties agree to a divorce, there is no guarantee that the divorce certificate will be obtained on the same day. The reason behind this is closely related to the legal system of divorce in our country.
OneProcedures and time requirements for divorce by mutual agreement
According to the relevant provisions of China's Civil Code, if the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
It is important to note here that even if both parties have signed a divorce agreement and submitted a divorce application, the marriage registration authority will not issue a divorce certificate immediately. Because the Civil Code also provides for a "cooling-off period for divorce". That is, within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.
Even if both parties agree to the divorce, there is a cooling-off period of at least 30 days. After the expiration of the cooling-off period, both parties shall apply for a divorce certificate in person at the marriage registration authority within the prescribed time limit; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
IIProcedures and time requirements for divorce by litigation
If there is a dispute between the spouses about the divorce, or if one of the spouses does not agree to the divorce, then it needs to be resolved through litigation. The procedure for litigated divorce is relatively complex and can take longer.
In litigation divorce, the court needs to hear and adjudicate on the divorce request, child support, property division and other issues of both parties. This process can take several months or even longer. Moreover, if one party is not satisfied with the court's decision, he or she can also file an appeal, which in turn will prolong the time for divorce.
Suppose Xiao Ming and Xiao Hong decide to divorce because of emotional discord. Both of them have agreed to divorce and have reached an agreement on issues such as child support and property division. So they went to the marriage registration office together to file a divorce application.
Even if they both agree to the divorce, they can't get the divorce certificate on the same day. Because according to the law, they need to wait for a cooling-off period of at least thirty days. After the expiration of the cooling-off period, they also need to apply for a divorce certificate at the marriage registration office again.
In this process, if either Xiao Ming or Xiao Hong repents and does not want to divorce, they can withdraw the divorce application to the marriage registration authority within the cooling-off period.
Relevant Regulations. Article 1076 of the Civil Code of the People's Republic of China stipulates: "If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling. ”
Article 1077 of the Civil Code of the People's Republic of China stipulates: "Within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority." Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn. ”